Authorization to List Property for As-Is Sale and To Increase Receivers Certificate Funding
25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 02/24/2026 Hearing on Motion - Other for Authorization to List Property for As-Is Sale and To Increase Receivers Certificate Funding in Department 53
Tentative Ruling
NOTICE:
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25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 02/24/2026 Hearing on Motion - Other for Authorization to List Property for As-Is Sale and To Increase Receivers Certificate Funding in Department 53
and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING:
The notice of motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06, nor does it provide the correct address for this Courts Dept. 53/54 or the correct time for the hearing on this matter. Moving party is directed to contact all other parties and all interested parties and advise them of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54 and the correct time for the hearing on this matter. If moving party is unable to contact all other parties and all interested parties prior to the hearing, moving party is ordered to appear at the hearing in person, by Zoom or by telephone.
The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a), requiring the moving party to state the grounds for the motion presented.
Court-appointed Receiver Griswolds motion for order authorizing an as is sale of the subject receivership properties and increasing the receivership certificate by $20,000 is UNOPPOSED and is GRANTED, as follows.
Factual Background
This action involves two adjoining properties owned by Respondent Victory Tabernacle of Del Paso Heights, Inc. (Victory Tabernacle) located at 3910 and 3912 Marysville Boulevard in Sacramento. The properties have been determined to be in violation of various code provisions and these conditions affecting health and safety have not been abated. On 9/30/2025, the Court (Judge Miadich) appointed Mr. Griswold as Receiver to bring the property into a code-compliant condition.
Receiver Griswold now seeks an order authorizing the receivership properties to be listed for sale as is as well as to increase the receivership certificate. According to the moving papers, the properties are in substandard, dangerous, and dilapidated condition, with extensive fire damage and significant deterioration to the interior walls and ceilings, as well as unpermitted and non-code-compliant rear staircase, electrical hazards, and likely other structural deficiencies resulting from the fire damage. The
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 02/24/2026 Hearing on Motion - Other for Authorization to List Property for As-Is Sale and To Increase Receivers Certificate Funding in Department 53
Receiver asserts that the cost of rehabilitation exceeds both the properties value and the amount the Receiver could obtain through lending. Thus, the Receiver has evaluated the options of demolishing the structure to create a vacant lot and selling the properties as is to a buyer contractually obligated to complete the necessary rehabilitation.
Two bids for demolition have been received, $69,000 and $123,000, but testing for and abatement of asbestos and lead will also likely be needed. A local real estate agent has estimated the properties post-demolition value to be roughly $125,000, while the as-is value is around $225,000.00. Receivership lenders are typically willing to lend up to approximately 50% of the improved value of a property and thus, based on an estimated land value of $125,00.00, a lender would likely lend roughly $62,500.00 to fund demolition.
However, using the lower of the two demolition bids and considering the potential additional costs for asbestos and lead testing and abatement (as well as other contingencies, insurance, fees and costs), the total cost to bring the properties into compliance via demolition and cleanout exceeds what the properties can support and consequently, the Receiver has been unable to secure a commitment from a lender to demolish the structures and clean out the properties.
As a result, the only remaining viable option to achieve compliance is an as is sale to a buyer who will be contractually obligated to correct all code violations within a reasonable timeframe, with the Receiver remaining in place to oversee the buyers progress. Once an offer is accepted and the buyer removes all contingencies, the Receiver will then return to the Court for final approval of the terms of the sale distribution of proceeds. The Receiver also recommends he be authorized to retain a licensed real estate agent to list the properties for sale with an initial list price in the range of $245,000.
The Receiver adds that since the initial $20,000 (not $25,000, as cited at Page 5:23 of the moving points & authorities) funding has been exhausted, he now seeks approval of an additional $20,000 to be applied to his ongoing fees and costs ($15,200); ongoing board-up and security expenses ($4,000); and the 4% loan fee ($800).
Discussion
The Court finds that Respondent Victory Tabernacle did not file any opposition or other written objection to the present motion, which is construed as a concession on the merits of this motion by the Receiver. (See, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
The Court notes that non-party Larisa Yevtushenko filed on 1/21/2026 an opposition to
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 02/24/2026 Hearing on Motion - Other for Authorization to List Property for As-Is Sale and To Increase Receivers Certificate Funding in Department 53
the Receivers earlier ex parte application which sought the same relief now sought in the present motion, claiming that she holds a financial interest in the subject properties by virtue of having a valid contract to purchase the subject properties. As indicated in the Courts 1/22/2026 order on that earlier ex parte application, Ms. Yevtushenkos 1/21/2026 opposition was not considered because she is not a party to this lawsuit and even if she were a party to this proceeding (which she is not), she did not file any proof of service of her opposition on the Receiver. For the same reasons, the Court does not consider here Ms. Yevtushenkos earlier opposition filed on 1/21/2026.
The Court also notes that non-party Yevtushenko filed on 2/20/2026 a Supporting Declaration to Opposition to Ex Parte Application for Authorization to List Property for As-Is Sale and to Increase Receivers Certificate Funding. The Court declines to consider this Supporting Declaration filed on 2/20/2026 because (1) as explained above, Ms. Yevtushenko is not a party to this litigation and she therefore has no legal standing to oppose the present motion; and (2) her Supporting Declaration was not timely filed at least nine (9) court days in advance of the 2/24/2026 hearing date as required by Code of Civil Procedure §1005(b) and in fact, was filed so late as to be filed three (3) court days after Receiver Griswolds reply papers were due pursuant to §1005(b).
However, and importantly, nothing in this ruling on the present motion by the Receiver necessarily precludes Receiver Griswold from considering or potentially accepting any offer by non-party Yevtushenko to purchase the subject properties. Indeed, as an officer of the Court, the Receiver is duty-bound to notify this Court of any and all reasonable purchase offers and ultimately, to recommend the offer which is under the circumstances the best one. Moreover, no sale of the subject properties is final until approved and confirmed by the Court.
Finding good cause for the relief requested and coupled with the lack of any proper opposition or objection, the present motion is granted.
Having received no proper objection thereto, the Court will sign the proposed order submitted with the moving papers after correcting the reference to the Courts July 30, 2025 order at Page 2:4, which reference should be to the Courts September 30, 2025 order.
Moving party to provide notice of this ruling and file proof of service of same within five (5) court days.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV008603: IN THE MATTER OF: CITY OF SACRAMENTO 02/24/2026 Hearing on Motion - Other for Authorization to List Property for As-Is Sale and To Increase Receivers Certificate Funding in Department 53
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