Kaura

Kaura v. Stabilis Fund II, LLC

Good Law
234 Cal. Rptr. 3d 265·24 Cal. App. 5th 420
Court of Appeal of CaliforniaJune 13, 2018E065751California5,425 words

Opinion

lead Opinion

RAMIREZ P.J.

*267 *423 Stabilis Fund II, LLC (Stabilis) holds a trust deed on an apartment complex in Indio. In 2013, Stabilis sued the owners of the *424 property, alleging that the underlying loan was in default, seeking judicial foreclosure, and, in the interim, seeking a receiver "to make sure that the Real Property is properly maintained and that property conditions do not pose a risk of harm to tenants and third parties." On Stabilis's motion, the trial court appointed a receiver.

In 2014, the City of Indio (City) intervened. It alleged that the property was a public nuisance, riddled with hazardous and substandard conditions in violation of state and local law. It moved to modify the receivership by instructing the receiver to remedy these conditions. Stabilis did not argue that the City was not entitled to the requested modification; however, it did argue that the motion was premature, that the receiver already had the necessary powers, and that it should be allowed to proceed with foreclosure. The trial court nevertheless granted the motion.

The City then moved for an award of its attorney fees and expenses. 1 As authority for the award, it cited three statutes:

1.…

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