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California Health & Safety Receiverships: Collaboration with Guardian Ad Litems

Health and Safety Receivership actions often deal with homeowners who are packrats/hoarders, elderly, or mentally/physically disabled. These types of homeowners may not be able to properly maintain and care for their house, which leads to loss of control of the property and the commencing of a receivership action. A Court-Appointed Health and Safety Receiver is temporarily appointed by the court to address the health and safety concerns of substandard properties that have been neglected by property owners. A Health and Safety Receivership can successfully rehabilitate distressed properties when the homeowner is unwilling or unable to remedy code violations themselves.

Receivership Remedy for Hoarding Properties

Hoarding is a serious clinical disorder where an individual has obstinate difficulty discarding or parting with belongings. A person with a hoarding disorder experiences distress at the idea of getting rid of their possessions because they have an inherent need to save them. This mentality results in excessive accrual of belongings regardless of actual value. Hoarding behaviors can produce an unsafe environment posing a health and safety risk to the people living in the home.  A Court-Appointed Health & Safety Receiver can remedy the effects of extreme hoarding at residential properties. The court can appoint a neutral third-party receiver to take control of the property to remedy the challenging hoarding conditions.

Post-Judgment Receiverships in California

Hooray a judgment as been entered! However, just because a decision has been made, the battle is not over yet. Now the phase of enforcing and collecting on that judgment begins. In many cases, a judgment debtor will never willingly satisfy a judgment. For this reason, a post-judgment Receivership is a great judgment enforcement remedy that can help recover money to pay the judgment. A post-judgment Receiver is appointed by the court and, for example, may be granted the authority to manage and take possession of the judgment debtor’s real and personal property to collect, lease, repair, or sell as the court directs. Courts have interpreted that a post-judgment Receiver is in fact working for the benefit of the judgment creditor that sought the appointment of the Receiver.

Partition Remedy for Family Disputes

The partition remedy in California addresses disputes between co-owners of property.  Any person with an interest in real property in California may bring a partition action against a co-owner. The partition remedy is necessary when co-owners cannot decide how to handle jointly-owned property. Properties subject to partition include, but are not limited to, single-family residences, vacation homes, investment properties, commercial buildings, apartment buildings, and parcels of land.

Griswold Law Presents Donation to San Diego's Alpha Project

Griswold Law, along with co-counsel JCL Law Firm, recently achieved a class action settlement on behalf of a class of San Diego County individuals that suffered illegal treatment as motel/apartment occupants.  The class members were subject to a variation of the "28-day shuffle" policy, unlawfully utilized by some motels/apartments in California.  As a part of the court-approved class action settlement, we were honored to present a $75,881.50 "cy pres" donation to Alpha Project in San Diego.  We presented the check to Alpha Project at the grand opening ceremony of their beautiful new project (Alpha Square) in downtown San Diego on November 18, 2015.  The building will provide 203 brand-new units for the homeless population in San Diego!!

Senior Citizens: Common Victims of Consumer Fraud

Sadly, there will always be members of our society that lack any semblance of morality, integrity or ethical standards.  Such greedy individuals prey on innocent individuals.  Historically, con-artists prey on senior citizens to carry out acts of fraud and deceit aimed at making a quick buck.  The Federal Bureau Investigation (FBI) website provides helpful tips for senior citizens and their families in order to protect themselves from these con-artists.  Below, I will address some of the unfortunate reasons why senior citizens continue to be targeted by members of society's underbelly.  I will follow up with future articles addressing tips on protecting one's self from these abuses.

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