Gutierrez

City of Chula Vista v. Gutierrez

Caution
143 Cal. Rptr. 3d 689·2012 Cal. App. LEXIS 777·207 Cal. App. 4th 681
Court of Appeal of CaliforniaJune 4, 2012No. D059364California2,101 words

Opinion

Lead Opinion

McIntyre, J.

*684 Opinion

Mark S. Adams, a court-appointed receiver, appeals from an order awarding him a portion of the compensation he requested for his services. On appeal, Adams contends (1) the court abused its discretion in refusing to order Wachovia Mortgage (Wachovia) to pay all receivership fees because Wachovia was unjustly enriched, and (2) Wachovia is responsible for receivership fees under Health and Safety Code section 17980.7 (section 17980.7). (Undesignated statutory references are to the Health and Safety Code.) We reject Adams’s arguments, and affirm.

Wachovia has filed an unopposed request for judicial notice, requesting that we take judicial notice of the legislative history of section 17980.7. We grant Wachovia’s request.

FACTUAL AND PROCEDURAL BACKGROUND

Maria E. Gutierrez owned a four-unit residential building in the City of Chula Vista (the City). In 2006, Gutierrez borrowed $440,000 from World Savings Bank, which was secured by a first deed of trust on the property. World Savings Bank eventually became Wachovia. Gutierrez defaulted on the loan, causing the lender to record a notice of default in February 2008.

In April 2008, the City began conducting inspections…

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