What is a Receivership?

Useful Rulings on Receivership

Recent Rulings on Receivership

JP MORGAN CHASE BANK, N,A, VS JL FURNISHINGS LLC, ET AL.

The motion is brought pursuant to the Court’s order entered January 11, 2019, on the grounds that the settlement agreement is in the best interest of the receivership estate and within the powers of the receiver pursuant to California Code of Civil Procedure, Section 568. The motion is unopposed.

  • Hearing

    Jul 10, 2020

CITY OF GARDEN GROVE V. OBANDO

Section 17980.7 also empowers the receiver to sell the property or to take any other action respecting the property as the court may authorize. (Code Civ. Proc., § 17980.7(c)(4)(H); Code Civ. Proc., §§ 568, 568.5.) A receiver has the power, with court authorization, to take possession of property, receive rents, collect debts, borrow money, and sell real or personal property in receivership pursuant to court order. (Code Civ. Proc., §§ 568, 568.5.)

  • Hearing

    Jul 10, 2020

MUNOZ VS PL HOTEL GROUP LLC

Dist. of Columbia (1896) 161 U.S. 316, 327–328, 16 S.Ct. 564, 568, 40 L.Ed. 712." Mizirawi v. Holl, 135 Cal. App. 3d 322, 324–25 (1982) (some citations omitted); see also CCP sections 881-883. 3. Discussion and Ruling. The demurrer to the FACC by PL Hotel Group and Shivam Patel, as joined by Rajesh Patel and Inn Lending, is overruled. As a preliminary matter, the court notes that the demurrer is actually directed at Cassidy's original cross-complaint, rather than the FACC. ROA 291, 394.

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

IN THE MATTER OF: BRANDON MORGAN HEINE

Petitioner City of Pomona’s Petition for Appointment of Receiver and other relief pursuant to Health and Safety Code section 17980.7 is DENIED without prejudice. Receivership “A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge thereof… [i]n all other cases where necessary to preserve the property or rights of any party.” (CCP § 564(b)(9).)

  • Hearing

    Jul 07, 2020

CITY OF POMONA. A CALIFORNIA MUNICIPAL CORPORATION VS LOLA B. STONE, A DECEASED INDIVIDUAL, ET AL.

Petitioner City of Pomona’s Petition for Appointment of Receiver and other relief pursuant to Health and Safety Code section 17980.7 is DENIED without prejudice. Receivership “A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge thereof… [i]n all other cases where necessary to preserve the property or rights of any party.” (CCP § 564(b)(9).)

  • Hearing

    Jul 07, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

ROBERTO ALVARADO, ET AL. VS HZB MANUFACTURING, A CALIFORNIA CORPORATION, ET AL.

Alvarado, as a shareholder of Rio Verde and HZB, has a sufficient interest under CCP section 564(b)(1) to move for a receivership over Rio Verde and HZB. Because the court does not find other requirements satisfied to appoint a receiver as to Rio Verde, HZB, or Pacific (see infra), the court need not consider whether Rio Verde can, under present circumstances, move to appoint a receiver over itself or whether Plaintiffs can move for a receiver with respect to Pacific.

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

P STANDARD GENERAL LTD ET AL VS DOV CHARNEY

CCP section 564 provides that “[a] receiver may be appointed, in the manner provided in this chapter, by the court in which an action or proceeding is pending in any case in which the court is empowered by law to appoint a receiver.” (Code Civ. Proc., § 564(a).) Subdivision (b) of CCP section 564 lists the circumstances under which a receiver may be appointed, including after a judgment pursuant to the Enforcement of Judgments Law. (Id., § 564(b)(4); see also Gold v.

  • Hearing

    Jul 06, 2020

CLAUDETTE MARIE LESLIE, ET AL. VS NEW CENTURY MORTGAGE CORPORATION, ET AL.

Municipal Court (1979) 99 Cal.App.3d 568, 575.) Purchasers move to strike Plaintiffs’ prayer for punitive damages. (Motion at pp. 4–5.) Punitive damages are allowed in non-contract cases when a defendant is guilty of “oppression, fraud, or malice . . . .” (Civ. Code § 3294.)

  • Hearing

    Jun 30, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

ASDGHIG D. SALAZAR VS DERDERIAN ZAROUGI

Accordingly, plaintiff does not meet her burden of demonstrating why a receiver is necessary to prevent the subject property from being “materially injured.” (CCP § 564(b)(1).)

  • Hearing

    Jun 29, 2020

  • Type

    Real Property

  • Sub Type

    other

CITY OF CLAREMONT, A CALIFORNIA MUNICIPAL CORPORATION VS TRACY L. PHILLIPS, AN INDIVIDUAL, ET AL.

Eric Beatty (“Court Receiver”) as the court’s receiver over the subject property per the terms of the Compliance Agreement, HSC section 17980.7 and Code of Civil Procedure (“CCP”) section 564(b)(9); (5) granting the Court Receiver the authority to manager and oversee the rehabilitation of the subject property pursuant to HSC section 17980.7(c)(4) and CCP section 568; (6) authorizing the Court Receiver to secure funding for the receivership estate through the issuance of receiver’s certificates that may be recorded

  • Hearing

    Jun 23, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

KARAPET KESABLYAN VS SAMUEL MADATIAN

Standard: Code of Civil Procedure section 564 provides, in relevant part: “A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge thereof, in the following cases: . . . (6) Where a corporation is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights. (9) In all other cases where necessary to preserve the property or rights of any party. (Code Civ. Proc. § 564, subd. (b)(6), (9).) Analysis: The Court will deny the request.

  • Hearing

    Jun 22, 2020

CITY OF GARDEN GROVE VS. OBANDO

Section 17980.7 also empowers the receiver to sell the property or to take any other action respecting the property as the court may authorize. (Code Civ. Proc., § 17980.7(c)(4)(H); Code Civ. Proc., §§ 568, 568.5.) A receiver has the power, with court authorization, to take possession of property, receive rents, collect debts, borrow money, and sell real or personal property in receivership pursuant to court order. (Code Civ. Proc., §§ 568, 568.5.)

  • Hearing

    Jun 19, 2020

CLARK VS. LOYD

upon such notice to the corporation as the court may direct and upon the giving of security pursuant to Sections 566 and 567 of the Code of Civil Procedure, the court may appoint a receiver to take over and manage the affairs of the corporation and to preserve its property pending the hearing and determination of the complaint for dissolution.

  • Hearing

    Jun 11, 2020

WARREN BRAITHWAITE VS NICOLE GUEST

Although the Receiver presents authority for the proposition that receivers generally may prosecute actions to set aside fraudulent transfers of the property over which they have been charged (See Heffernan v. Bennett & Armour (1952) 110 Cal.App.2d 564, 588–89), he presents no authority for the proposition that such action may be taken by the irregular avenue presented by the present motion.

  • Hearing

    Mar 12, 2020

CITY OF AZUSA, A CALIFORNIA MUNICIPAL CORPORATION VS 534 EAST FOOTHILL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

to manage and oversee the rehabilitation of the subject property as set forth in Health & Safety Code § 17980.7(c)(4) and CCP § 568, (4) authorizing Proposed Receiver to secure funding for the receivership estate through the issuance of Receiver’s certificates that may be recorded as first priority liens on the subject property, (5) enjoining 534 Foothill and Bank from interfering with Proposed Receiver in the operation of the subject property, encumbering or transferring all or any portion of the subject property

  • Hearing

    Mar 11, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

KARAPET KESABLYAN VS SAMUEL MADATIAN

Standard: Code of Civil Procedure section 564 provides, in relevant part: “A receiver may be appointed by the court in which an action or proceeding is pending, or by a judge thereof, in the following cases: . . . (6) Where a corporation is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights. (9) In all other cases where necessary to preserve the property or rights of any party. (Code Civ. Proc. § 564, subd. (b)(6), (9).) Analysis: The Court denies the request.

  • Hearing

    Mar 02, 2020

SCOTT LAMBERT VS PATRICK GOLDBERG MCMAHON, ET AL.

CCP section 564(b)(1) authorizes the court to appoint a receiver “on the application of the plaintiff, or of any party whose right to or interest in the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured.” (emphasis added.) CCP sections 564(b)(6) and (9) also do not require unanimous consent of LLC members for the court to appoint a receiver.

  • Hearing

    Feb 20, 2020

LONE OAK FUND, LLC VS 4 ACES BRAND, INC

The Court is inclined to GRANT Plaintiff’s UNOPPOSED Motion for the Appointment of a Rents, Issues and Profits Receiver pursuant to CCP § 564(b) (11) and Civil Code § 2938(c). It would appear the parties’ agreements in the Deed of Trust provide plaintiff with the right to such an appointment under the circumstances. Plaintiff has established that defendant 4 Aces Brand, Inc. is in default of its obligations and that defendant agreed contractually that plaintiff may obtain the appointment of a receiver.

  • Hearing

    Feb 14, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

KESLINKE VS. STROUD

Finally, appointing a receiver is a drastic remedy, which will ordinarily not be used if any less severe remedy is available. (Id. at 873.) To appoint a receiver under § 564(b)(1) the Court would need evidence of the joint venture included with the moving papers. Similarly, the Court would also need evidence of plaintiff’s entitlement to the profits from the sale of the properties in order to appoint a receiver under § 564(b)(9).

  • Hearing

    Feb 07, 2020

SINGH V. HAMID

The receiver shall be allowed the cost of the undertaking.” (Emphasis added.) (Code of Civil Procedure, § 567(b).)

  • Hearing

    Jan 31, 2020

CITY OF AZUSA, A CALIFORNIA MUNICIPAL CORPORATION VS 534 EAST FOOTHILL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

to manage and oversee the rehabilitation of the subject property as set forth in Health & Safety Code § 17980.7(c)(4) and CCP § 568, (4) authorizing Proposed Receiver to secure funding for the receivership estate through the issuance of Receiver’s certificates that may be recorded as first priority liens on the subject property, (5) enjoining 534 Foothill and Bank from interfering with Proposed Receiver in the operation of the subject property, encumbering or transferring all or any portion of the subject property

  • Hearing

    Jan 23, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

NAJJAR VS. GOLDSTEIN

A party requesting the appointment of a receiver must allege facts establishing one of the statutory grounds for such appointment. (Miller v. Oliver (1917) 174 Cal. 407, 410.) Code of Civil Procedure section 564, subdivision (b)(1) provides that, in an action between partners, on the application of the plaintiff, a receiver may be appointed where (1) plaintiff’s right to the property is probable, and (2) where it is shown that the property is in danger of being lost, removed, or materially injured.

  • Hearing

    Jan 15, 2020

CLAUDETTE MARIE LESLIE, ET AL. VS NEW CENTURY MORTGAGE CORPORATION, ET AL.

But it is alleged that New Century was placed under receivership, and lacked the authority to assign its interest to Citimortgage without the consent of the receiver. (Complaint ¶ 8.) Defendants fail to explain why this allegation is insufficient. QUIET TITLE Citimortgage argues the Quiet Title claim fails because Citimortgage has no adverse claim to the property. (Demurrer at p. 11.) This argument has merit, since a quiet title claim requires that a defendant “has adverse claims to title.” (West v.

  • Hearing

    Jan 08, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

ENRIQUE MIJARES VS. CINCINNATI INCORPORATED

This point of operation safeguarding device uses light beams that are sent from a transmitter across the front of the press to a receiver. It prevents the operation of the press or stops the motion of the press immediately upon any of [the] light beams being interrupted by the body part.

  • Hearing

    Dec 23, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

CITY OF AZUSA, A CALIFORNIA MUNICIPAL CORPORATION VS 534 EAST FOOTHILL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

to manage and oversee the rehabilitation of the subject property as set forth in Health & Safety Code § 17980.7(c)(4) and CCP § 568, (4) authorizing Proposed Receiver to secure funding for the receivership estate through the issuance of Receiver’s certificates that may be recorded as first priority liens on the subject property, (5) enjoining 534 Foothill and Bank from interfering with Proposed Receiver in the operation of the subject property, encumbering or transferring all or any portion of the subject property

  • Hearing

    Dec 23, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

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