What is a Receivership?

Useful Rulings on Receivership

Recent Rulings on Receivership

CITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION VS ALINA YALANSKA, IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF BARRY K. ROTHMAN, ET AL.

Bank fails to address the viability of this alternative remedy.[10] Bank has failed to establish that a receiver is necessary to preserve its property interest under CCP section 564(b)(9). 2. Claim against Rothman Inc. The court has the authority to appoint a receiver in any action where a corporation is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights. CCP §564(b)(6).

  • Hearing

BECK V. CATANZARITE, ET AL.

Superior Court (2000) 78 Cal.App.4th 562, 567-568.) The plaintiff “must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment.” (Premier Med. Mgmt. Systems, Inc. v. California Ins. Guar. Assn. (2006) 136 Cal.App.4th 464, 476 [emphasis in original; internal quotes omitted].)

  • Hearing

MUNOZ VS SAN DIEGO BEST WINDOW COMPANY INC

Once appointed, the receiver "has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the Court may authorize." Code Civ. Proc. § 568.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

MUNOZ VS SAN DIEGO BEST WINDOW COMPANY INC

Once appointed, the receiver "has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the Court may authorize." Code Civ. Proc. § 568.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

BECK V. CATANZARITE, ET AL.

Superior Court (2000) 78 Cal.App.4th 562, 567-568.) The plaintiff “must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment.” (Premier Med. Mgmt. Systems, Inc. v. California Ins. Guar. Assn. (2006) 136 Cal.App.4th 464, 476 [emphasis in original; internal quotes omitted].)

  • Hearing

MENDALDI VS WETHERELL

The Court grants Defendant/Cross-Complainant D’Errico’s motion for an assignment of rents under the deed of trust and the appointment of a receiver. The Court has reviewed the accompanying exhibits, declarations and memorandum of points and authorities and finds that D’Errico is entitled to an assignment of rents per Civil Code section 2938 and pursuant to the DOT (RJN Ex b, D, Decl. of D’Errico.) Further, the Court appoints a receiver pursuant to CCP §§ 564, 568 and City of Sierra Madre v.

  • Hearing

SCOTT LAMBERT VS PATRICK GOLDBERG MCMAHON, ET AL.

That same date, Receiver also filed a “responsive declaration” in support of the motion. The court exercises its discretion to consider the reply declarations. Where relevant, the reply declarations are discussed below. Summary of Applicable Law “A receivership terminates upon completion of the duties for which the receiver was appointed; or at any time, upon court order.” (Rutter, Civ. Pro. Before Trial ¶ 9:774; see generally CCP § 568 [receiver is “under the control of the Court”] and O’Flaherty v.

  • Hearing

KHALED J. AL-SABAH VS VICTORINO NOVAL

ANALYSIS Without regard to the statutory requirements for the appointment of a receiver—Code of Civil Procedure section 564—as a factual matter, Plaintiffs’ showing is completely inadequate to support the appointment of a receiver. Plaintiffs do not meet their initial burden on the motion. First, they do not demonstrate facts supporting an alter ego theory. Second, they do not provide sufficient evidence tracing Plaintiffs’ funds to the seven properties and Hertz Office Portfolio.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Quiet Title

MENDALDI VS WETHERELL

The Court grants Defendant/Cross-Complainant D’Errico’s motion for an assignment of rents under the deed of trust and the appointment of a receiver. The Court has reviewed the accompanying exhibits, declarations and memorandum of points and authorities and finds that D’Errico is entitled to an assignment of rents per Civil Code section 2938 and pursuant to the DOT (RJN Ex b, D, Decl. of D’Errico.) Further, the Court appoints a receiver pursuant to CCP §§ 564, 568 and City of Sierra Madre v.

  • Hearing

PEOPLE OF THE STATE OF CALIFORNIA VS SILVER SADDLE COMMERICAL DEVELOPMENT LP

The October 30, 2019 preliminary injunction order (ROA # 66) appointing the Receiver tasked the Receiver as follows: "13.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

CAROL JEAN THOMPSON, VS DELMER JAMES MCENTYRE, ET AL.

LEGAL AUTHORITY CCP §564 states: “(a) 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. (b) 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: . . . (9) In all other cases where necessary to preserve the property or rights of any party.”

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

PREMIER TRUST, INC VS. MARY CAMPBELL, TRUSTEE

Kent is appointed to handle the sale of the Property as well as to preserve the Property pending completion of same including the powers pursuant to Code of Civil Procedure section 568. It is undisputed the parties are having disputes concerning the use and upkeep of the Property. (See, e.g., Allinger Decl., ¶¶20-25, Exh. 7; see also Fink Decl., ¶ 2.) The Court ORDERS the receiver post an undertaking in the amount of $10k pursuant to Code of Civil Procedure section 567(b) as requested by Plaintiff.

  • Hearing

YUKI MARSDEN, ADMINISTRATOR OF HARUE J. MARSDEN ESTATE VS ERIC W. LESER O.D., A PROFESSIONAL CORPORATION, ET AL.

See Morgan (1959) 172 CA2d 527, 530; Mabie, supra; Atkinson (2003) 109 CA4th 739, 761; Higgins (1981) 123 CA3d 558, 564-565; Fair (2011) 195 CA4th 1135, 1147. A change in legal theory based on the same facts does not result in prejudice to the opposing party, even if the new theory is presented for the first time at trial. Garcia (2009) 173 CA4th 900, 910; Kittredge Sports Co. (1989) 213 CA3d 1045, 1048.

  • Hearing

CAROL JEAN THOMPSON, VS DELMER JAMES MCENTYRE, ET AL.

LEGAL AUTHORITY CCP §564 states: “(a) 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. (b) 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: . . . (9) In all other cases where necessary to preserve the property or rights of any party.”

  • Hearing

  • Type

    Real Property

  • Sub Type

    other

PEOPLE EX REL. CALONNE V. PINI

The Pini Defendants first argue that the receiver and its counsel are governed by the same rules as probate trustees and their counsel, citing Shannon v. Superior Court (1990) 217 Cal.App.3d 986 (Shannon). In Shannon, the issue presented was “whether a receiver appointed under Code of Civil Procedure section 564 may claim the attorney-client privilege with respect to communications between the receiver and his or her special counsel.” (Shannon, supra, 217 Cal.App.3d at p. 989.)

  • Hearing

ENRICO AMOR ET AL VS CAMBRIDGE HILLS INC ET AL

Discussion Pursuant to Code of Civil Procedure, section 568, the receiver has the power to “do such acts respecting the property as the Court may authorize.”

  • Hearing

HEDGEFOG RESEARCH, INC, A CALIFORNIA CORPORATION, VS PRECISION OCULAR METROLOGY, LLC, A NEW MEXICO LIMITED LIABILITY COMPANY

The court may appoint a receiver to enforce a judgment upon a showing by the judgment creditor that, “considering the interests of both the judgment creditor and the judgment debtor, the appointment of a receiver is a reasonable method to obtain the fair and orderly satisfaction of the judgment.” (CCP § 708.620; see also CCP §§ 708.610, 564(b)(3), (4), (9).) A receiver may be appointed where a writ of execution does not reach certain property, and other remedies are inadequate.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

CHOL, INC. VS. SECURE CHANNELS INC

Subsection (b)(9) provides for the appointment of a receiver “where necessary to preserve the property or rights of any party.” Code Civ. Proc., § 564(b)(9). The Court finds Plaintiffs have met their burden of showing a limited purpose receiver should be appointed. Defendant has defaulted on the loan, and is in breach of the loan documents, including the Forbearance Agreement, which provides for the right to the appointment of a receiver and for the inspection of Defendant’s books and records.

  • Hearing

SERENA YOUNG VS PHILIP E HILL M.D ET AL

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 business and affairs of the corporation and to preserve its property pending the hearing and determination of the complaint for dissolution.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CWR HOLDINGS LLC VS BOMEL SAN DIEGO EQUITIES LLC ET AL

Discussion Legal Standard Pursuant to Code of Civil Procedure section 564, subdivision (b)(4), a receiver may be appointed after judgment, “to carry the judgment into effect,” or “to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or pursuant to the Enforcement of Judgments Law.” (Code Civ. Proc. § 564, subdivision (b)(3)-(b)(4).)

  • Hearing

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

the authority to manage and oversee the rehabilitation of the subject property as set forth in Health & Safety Code section 17980.7, subdivision (c)(4) and Code of Civil Procedure section 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

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

LEIBA VS. GANN

Code of Civil Procedure section 564(b) provides in pertinent 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: (4) After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal . . . . (Code Civ. Proc. § 564(b).)

  • Hearing

RICARDO PRADO ET. AL. VS. DARIN STOYTCHEV ET. AL.

More importantly, the Order Appointing Receiver ordered the Receiver to perform the acts requested by Plaintiffs in the complaint, and the Order ties those acts to enforcement of specific sections of the CC&Rs. See Motion, Dec. of B. Lorman, Ex. 4, Order Appointing Receiver, Attachment 27, ¶¶1,5-8,12.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

SHIHADEI-I KITAMI VS. WALEED SABRAH, ET AL

After hearing argument, the court set the matter on its law and motion calendar and gave defendants an opportunity to file a response, _ The court may only appoint a receiver on a ground specifically set out by statute. (Marsch v. Williams (1994) 23 Cal.App.4"‘ 238, 245-248; Code Civ, Proc. § 564.) Moreover, the appointment of a receiver is a drastic remedy to be employed only in exceptional circumstances after a showing of compelling need. (IFS Indus. v. Stephens (1984) 159 Cal.App.3d 740, 756.)

  • Hearing

SINGH V. HAMID

“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 of Civil Procedure, § 564(a).) “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: ¶ * * * (9) In all other cases where necessary to preserve the property or rights of any party…” (Code of Civil Procedure, § 564(b)(9).)

  • Hearing

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