Receivership in California

Discussion CCP § 564(b)(4) allows the appointment of a receiver "to dispose of the property according to the judgment." "The superior court has jurisdiction to appoint a receiver as an ancillary remedy in an action for partition of real property..." Blodgett v. Haddock (1949) 95 Cal.App.2d 17, 18. The application does not name any potential receivers nor does it address the receiver's undertaking (CCP § 567) or the receiver's powers and duties (CCP § 568).

Granting the Receiver, the authority to manage and oversee the rehabilitation of the Property pursuant to CCP section 568; 6. Authorizing the 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 Property pursuant to CCP section 568, case law, and equity; 7. Enjoining Defendants from interfering with the Receiver in the operation of the Property pursuant to CCP section 568; 8.

Plaintiff's motion for appointment of a receiver is granted. Cal. Code of Civil Procedure § 564(b)(9). Richard Griswold is appointed as receiver. The receiver shall post a bond in the amount of $10,000 within 5 days of the date of this order. Cal. Code of Civil Procedure § 567; Cal. Rules of Court § 3.1178.

MOTION FOR APPOINTMENT OF RECEIVER FOR REAL PROPERTY AND COLLECTION OF RENTS by plaintiff Megan Craver is GRANTED. (CCP § 564(b)(1), (3)) Attorney Peter Jensen is appointed as receiver. The court will sign the [Proposed] Order with one change. The Order shall provide that the receiver shall give an undertaking to the State of California in the amount of $10,000. (CCP § 567(b)) Plaintiff shall immediately provide the court with an amended Order to reflect the receiver bond.

Wardak’s request for the appointment of a receiver is granted. The Omars’ request for the appointment of a provisional director is denied. A receiver may be appointed for California Solar Systems, Inc. because the corporation has been dissolved. CCP §564(b)(5). In addition, a receiver is necessary to preserve the property and/or rights of the parties. CCP §564(b)(9). Contrary to the Omars’ assertion, there is much more for a neutral third party to do than sell assets.

The receiver is required to give an oath and post an undertaking as directed by the court. Code Civ. Proc§ 567. The receiver is required to give an oath and post an undertaking as directed by the court. Code Civ. Proc § 567.

("Plaintiff" or "Motiva") for an order appointing a receiver over Defendant National Small Business Alliance ("Defendant" or "NSBA") and to correct the amount of interest in the Judgment, is GRANTED. Appointment of a receiver is necessary given the risk of insolvency. Code Civ. Proc. 564(b). The Receiver is ordered to file a bond in the amount of $5,000. Code Civ. Proc. 567(b). Also, the judgment will be amended to reflect the correct calculation for prejudgment interest.

Plaintiff seeks to appoint a receiver or referee under Code of Civil Procedure sections 564 and 873.010 et seq. regarding the handling of the revenues earned by various real property, and a partition by sale thereof. As to the basis for a receiver, plaintiff argues that a receiver is necessary for the preservation of property rights. (Code Civ. Proc. § 564, subd. (b)(9).) Among other claims, plaintiff seeks to preserve the right to rents earned on the various real property.

Proc., § 564, subds. (b)(1), (b)(9).) 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.)

(CCP 564(b)(9).)

Movant is to also propose a reasonable CCP § 567 bond amount at the hearing.

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.

A receiver may be appointed 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. (C.C.P., § 564(a).) This includes after judgment, to carry the judgment into effect. (C.C.P., § 564(b)(3).)

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.

The amount of the receiver's bond should be sufficient to cover the value of personal property and cash which the receiver may possess at any time during the expected period of the receivership. See, Rule of Court, rule 3.1178; Local Rule, 2.5.4. The appointment will be effective after the receiver files an oath and the undertakings are provided. Code Civ. Proc., § 567. The minute order will be the order of the Court. NNM is directed to serve notice of ruling within 2 court days.

The receiver’s powers and duties are set forth in Code of Civil Procedure Section 568 and include the power to take and keep possession of the collateral, to manage the collateral, and to collect any monies or proceeds from the collateral. Pursuant to Code of Civil Procedure Section 567(b), the receiver shall post a bond with the State of California in such amount as the court shall direct at the hearing on this matter. The receiver shall also provide monthly reports to the parties. Cal.

Further, the Court appoints proposed receiver Matthew Taylor pursuant to CCP §§ 564, 568 and City of Sierra Madre v. Sun Trust Mortgage, Inc. (2019) 32 Cal.App.5th 648. Given the terms of the DOT, the Court finds that the rents should be used to pay the costs of the receiver, but if those rents are not sufficient, any additional fees shall be paid by Menaldi. The Court further notes that this motion was originally scheduled for November 4, 2020.

Appoint Receiver The court GRANTS the motion of judgment creditor to appoint a receiver to seize and sell the equipment belonging to judgment creditor. (CCP 699.070 (a); 564 (b)(3) and (b)(9); 708.620.) Judgment creditor makes a prima facie showing that it is entitled to the relief sought because debtors refuse to turn over the equipment at issue.

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.

Plaintiff moves for appointment of a receiver pursuant to Code of Civil Procedure section 564(b)(1) & (9).

Although not specifically addressed by the parties, for these same reasons, a receiver is necessary to preserve the property or rights of Plaintiffs under the "catchall" circumstance of C.C.P. section 564(b)(9). A receiver is a drastic remedy, but based on this record and the arguments provided by the parties, Plaintiffs have met their burden under C.C.P. section 564. A receiver is appropriate.

The Court has read and considered the STIPULATION TO DECLARATIONS (1) the Receiver, Mike Essary - ROA # 564; and 2) Motiva's attorney, Mitch Wagner - ROA # 565) IN LIEU OF DIRECT TESTIMONY IN CONTEMPT PROCEEDINGS - ROA # 566. The question is whether Defendant willfully did not comply with the provisions of paragraph 13 of the November 22, 2019 order; specifically, "13.

The County makes this request pursuant to Health and Safety Code sections 17980.6 and 17980.7(c), and Code of Civil Procedure sections 564(b)(3) and 568 and on the grounds that the appointment of a receiver to take control of the Property is warranted and necessary for the County to (1) enforce the 2010 Amended Default Judgment; (2) abate all nuisances being maintained on the Property; and (3) bring the Property into full compliance with the Sonoma County Code, the California Code of Regulations, and the California

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).)

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).)

. § 564(b)(11) provides that the court has authority to appoint a receiver “[i]n an action by a secured lender for specific performance of an assignment of rents provision in a deed of trust, mortgage, or separate assignment document.

CCP Section 564(b)(11) CCP section 564(b)(11) provides that a court may appoint a receiver “[i]n an action by a secured lender for specific performance of an assignment of rents provision in a deed of trust, mortgage, or separate assignment document.” Here, the Deed of Trust provides for the following remedy, among others, in the event of default: Appoint Receiver.

Proc. §564(b)(9). A receiver may be appointed after judgment on a partition action to carry the judgment into effect; and/or to dispose of the property according to the judgment or preserve it during the pendency of an appeal. Code Civ. Proc. §564(b)(3)(4). A receiver is an agent and officer of the court, and is under the control and supervision of the court. (... § 568; Cal. Rules of Court, rule 3.1179.) ( City of Chula Vista v.

.: 23SMCV01956 MOTION: Motion to Appoint Receiver HEARING DATE: 5/29/2023 Legal Standard Code of Civil Procedure 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.

Proc., §§ 564, 567.) All parties, through their respective counsel, shall appear at the hearing.

Therefore, UL has met its burden of showing its entitlement to an appointment of a receiver pursuant to Code of Civil Procedure section 564 subdivision (b)(11). The court does not address Code of Civil Procedure section 564, subdivision (b)(9), because it appears that UL’s contention for the appointment of a receiver under Code of Civil Procedure section 564, subdivision (b)(9), is similar to its request for an appointment of a receiver under Code of Civil Procedure section 564, subdivision (b)(11).

Here, Plaintiff has a deed of trust that contains the appointment of a receiver and collect rents as a remedy on default. (Lee Decl., Exhibit 3, p. 6.) Plaintiff provides evidence that Defendant is in default, and there is a resulting balance of $4,042,076.80. (Lee Decl. ¶17-19.) The court may appoint a receiver to enforce an assignment of rents provision. (CCP § 564(b)(11).)

APPOINTMENT OF RECEIVERS UNDER CCP § 564 Under CCP § 564(b), a court may appoint a receiver in the following cases, among others: Where a corporation is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights; and In all other cases where necessary to preserve the property or rights of any party. (CCP § 564(b) (6), (9).) However, the appointment of a receiver is a drastic remedy to be utilized only in “exceptional cases.”

Code of Civil Procedure § 564 authorizes the court to appoint a receiver in certain circumstances.

Those papers must include the following: A proposed amount of bond for the receiver to post (CCP §567); A proposed list of the specified powers of the receiver (§568); Names of one or more persons nominated to act as referee (CRC 3.1177); The Court will, at the 9/30/21 hearing, set an OSC re: status of receivership for approximately thirty days after appointment. At that time, the receiver must file an inventory containing a complete and detailed list of all property in the receiver's possession.

Petition to Appoint a Receiver Per C.C.P. section 564(b)(3), the court may appoint a receiver in a pending action or proceeding after a judgment has been entered in order to carry that judgment into effect.

The Receiver shall have no powers under this order until both the oath and the undertaking have been filed. (CCP § 567.) The Business.

DISCUSSION The court can appoint a receiver to generally do such acts respecting real property as authorized by the court. ( Code Civ. Proc., § 568 ) . Where the owner fails to comply within a reasonable time with the terms of the Citys notice to abate, the Plaintiffs may seek a court order appointing a receiver for the substandard building. ( Health & Saf. Code, § 17980.7 ).

He has been appointed receiver by 162 different California Superior Court judge and one federal court judge and has overseen the rehabilitation of approximately 1,332 properties throughout the state. Id. ¶ 2, Ex. I. The receiver is required to give an oath and post an undertaking as directed by the court. Code Civ. Proc., § 567 . City proposes to file a bond in the amount of $10,000. Petition, 2:12-14. The powers of a receiver are governed by Section 17980.7 subd.

He has been appointed receiver by 162 different California Superior Court judge and one federal court judge and has overseen the rehabilitation of approximately 1,332 properties throughout the state. Id. ¶ 2, Ex. I. The receiver is required to give an oath and post an undertaking as directed by the court. Code Civ. Proc., § 567 . City proposes to file a bond in the amount of $10,000. Petition, 2:12-14. The powers of a receiver are governed by Section 17980.7 subd.

CCP § 567(b) requires an undertaking. Mirzai has not objected to the suggested $5,000 undertaking and the court will order that amount. In its notice of motion, CWB states that it seeks appointment of a receiver “to preserve, protect, maintain and dispose of the real property….” [Italics added] The order appointing a receiver is not an adjudication of CWB’s cross-complaint for judicial foreclosure.

Under CCP §567(b), “The receiver shall give an undertaking to the State of California, in such sum as the court or judge may direct, to the effect that the receiver will faithfully discharge the duties of receive in the action and obey the orders of the court therein. The receiver shall be allowed the cost of the undertaking.”

Before performing his duties, the Receiver shall execute a Receiver's oath and file the bond required by CCP 567(b) in the sum of $5,000.00. A bond is required upon granting a preliminary injunction. (CCP §529.) Plaintiff is ORDERED to post a bond in the amount of $1,000.00 within five court days.

The receiver is required to give an oath and post an undertaking as directed by the court. ( Code Civ. Proc., § 567 ) . City proposes to file a bond in the amount of $10,000. (Prop. Ord. 4:19-20.) The powers of a receiver are governed by Section 17980.7 subd.

This fee schedule appears reasonable given Stapleton’s substantial experience as court-appointed receiver, including in the garments industry. Receiver’s Bond Code of Civil Procedure § 567(b) states that “[t]he receiver shall give an undertaking to the State of California, in such sum as the court or judge may direct, to the effect that the receiver will faithfully discharge the duties of receiver in the action and obey the orders of the court therein.

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.

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

California Code of Civil Procedure, Section 564(a) says that “[a] receiver may be appointed . . . 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.”

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.

Plaintiffs’ motion for an order appointing a receiver and a provisional director for Defendant Alamo is DENIED. DISCUSSION 1. Plaintiffs’ request for appointment of a receiver pursuant to Code of Civil Procedure §564(b)(9): Plaintiffs fail to demonstrate that they are entitled to appointment of a Receiver pursuant to Code of Civil Procedure §564(b)(9).

This ruling is without prejudice for Plaintiff to seek appointment of a receiver after a judgment of abatement has been issued either after summary judgment motion or trial: "a receiver may be appointed by the court....[a]fter judgment, to carry the judgment into effect". CCP § 564(b)(3).

He has been appointed receiver by 134 different California Superior Court judge and has overseen the rehabilitation of approximately 229 properties throughout the state. Id. ¶ 2, Ex. 17. The receiver is required to give an oath and post an undertaking as directed by the court. Code Civ. Proc., § 567. City proposes to file a bond in the amount of $10,000. Motion, 2:13-17.

Accordingly, the court may not appoint a receiver under Code of Civil Procedure section 564, subdivision (b)(5) at this time. Code of Civil Procedure Section 564, Subdivision (b)(6) Pursuant to Code of Civil Procedure section 564, subdivision (b)(6), a receiver may be appointed [w]here a corporation is insolvent, or in imminent danger of insolvency . . . .

Defendant Katto qualifies as "any party" and appointment of a receiver is necessary to preserve the property rights of Defendant Katto given that Defendant Malan has been collecting rents and excluding Defendant Katto from doing so. The Court may appoint a receiver under CCP section 564(b)(9). Defendant Malan argues CCP section 564(b)(11) does not provide grounds for appointment of a receiver because there is no authenticated evidence to support the claim.

Missing from the motion is any actual authority regarding the basis for the receiver. Notwithstanding, a receiver may be appointed a fter judgment, to carry the judgment into effect. (Code Civ. Proc., § 564, subd. (b)(3).) (Plaintiff references CCP section 564(a)(4) in reply (6:7-12).) Plaintiff also disputes the argument in opposition regarding the potential for reversal of the judgment.

Further, CCP section 564(b)(5) authorizes the appointment of a receiver when a corporation has been dissolved, as provided in CCP section 565.

Notice Of Application And Application To Appoint A Receiver Pursuant To Ccp 564 And 1281.8 Real Property/Housing Court Law and Motion Calendar for Friday, May 13, 2016, line 2. PETITIONER PAOLO MANCINI's Application To Appoint A Receiver Pursuant To Ccp 564 And 1281.8 Hearing Required to address the status of resolution of the appointment of receiver. = (501/REQ)

Notice Of Application And Application To Appoint A Receiver Pursuant To Ccp 564 And 1281.8 Real Property/Housing Court Law and Motion Calendar for Friday May 20, 2016, line 2. PETITIONER PAOLO MANCINI Notice Of Application And Application To Appoint A Receiver Pursuant To Ccp 564 And 1281.8 Hearing required. Re: appointment of receiver. = (501/REQ)

Appoint of the Receiver is confirmed. The Court has already entertained arguments and evidence from both sides and has found that the appointment of the Receiver was proper, and that there was no merit to Defendants’ request to vacate that appointment (see 8/17/17 and 9/13/17 Minute Orders). The Receiver has posted a CCP §567 Undertaking in the sum of $5,000, and there is no argument or evidence from defendants that the bond should be increased.

App. 4th 791, 807) A receiver may be appointed where the applicant has a probable interest in property that is in danger of being “lost, removed, or materially injured,” (Code of Civ. Proc., section 564, subd. (b)(1)) or where necessary to preserve the property or rights of any party (Code of Civ. Proc., section 564, subd. (b)(9)) The moving party must set forth facts showing one of the statutory basses for appointment of a receiver exists.

Dumrichob (1998) 63 Cal.App.4th 1258, 1266) Receivership Code of Civil Procedure 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.

While Plaintiff may be entitled to a receiver pursuant to CCP 708.630, Plaintiff has not presented the Court with any information or proposed order concerning appointment of a specific receiver, his oath and undertaking. CCP 567. The Court intends to continue this matter for further documentation.

Plaintiff seeks appointment of a receiver pursuant to CCP §564(b)(7), which specifically provides that a court may appoint a receiver in an unlawful detainer action. Plaintiff is not entitled to self-help. Plaintiff therefore asks that this Court appoint a receiver so that the rents and profits from the Property that rightfully belong to Plaintiff are not taken by Defendants. CCP § 564(b)(7) expressly authorizes the appointment of a receiver in unlawful detainer actions.

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.)

s unopposed motion to appoint receiver is granted. CCP §§ 564(b). The court finds Plaintiff establishes that the property at issue "is in danger of being lost, removed, or materially injured" [CCP § 564(b)(1)] and that appointment of a receiver is "necessary to preserve the property or rights" of Plaintiff [CCP § 564(b)(9)]. The court will hear from the parties on the modifications to the order sought by Defendant Yee Business Group, Inc.

Code of Civil Procedure section 564 (a) (9) provides that a receiver may be appointed where necessary to preserve the property or rights of any party. Appropriate notices have been given. The court finds that the appointment of a receiver is necessary in this case to prevent irreparable harm and imminent loss or damage to lender SAS. The motion of the Plaintiff for Appointment of a Receiver is granted.

CCP 564 provides for the grounds for appointment of a receiver. P relied on CCP 564 (b)(2) which provides for a receiver in an action by a secured lender for foreclosure of deed of trust where it appears that the property is in danger of being lost, removed or materially injured or that condition of deed of trust has not been performed and that property is probably insufficient to discharge the deed of trust. P has not established any evidentiary basis for CCP 564 (b)(2).

Code of Civil Procedure section 564, subdivision (b)(11) provides the court with authority to appoint a receiver in an action by a secured lender for specific performance of an assignment of rents provision in a deed of trust, mortgage, or separate assignment document.

Section 564 provides twelve instances in which a court may appoint a receiver.

Proc., 564(b)(3) and § 1209(a)(5). Plaintiff moves for the appointment of a receiver as provided in the judgment to enforce its terms and abate the conditions on the properties in accordance with paragraph 10 of the judgment. Defendant did not file an opposition. This motion was originally heard on 6/1/21. The Court provisionally appointed Mark Adams as Receiver.

CCP § 567 states provides that “[b]efore entering upon the duties of a receiver: (a) The receiver must be sworn to perform the duties faithfully. (b) The receiver shall give an undertaking to the State of California, in such sum as the court or judge may direct, to the effect that the receiver will faithfully discharge the duties of receiver in the action and obey the orders of the court therein. The receiver shall be allowed the cost of the undertaking.”

Plaintiff’s Motion for Appointment of Limited Purpose Receiver and/or Injunction Pendente Lite is denied. CCP §564(b)(1) authorizes a receiver only where it is shown that the property or fund is in danger of being lost, removed or materially injured. CCP §564(b)(9) authorizes a receiver only where necessary to preserve the property or rights of a party. Plaintiff has failed to show these elements.

Plaintiff’s Motion for Appointment of Limited Purpose Receiver and/or Injunction Pendente Lite is denied. CCP §564(b)(1) authorizes a receiver only where it is shown that the property or fund is in danger of being lost, removed or materially injured. CCP §564(b)(9) authorizes a receiver only where necessary to preserve the property or rights of a party. Plaintiff has failed to show these elements.

In this state a receiver may be appointed only as permitted by Code of Civil Procedure section 564. Barclays Bank of California v. Superior Court (1977) 69 Cal.App.3d 593, 597. Section 564 provides twelve instances in which a court may appoint a receiver.

In this state a receiver may be appointed only as permitted by Code of Civil Procedure section 564. Barclays Bank of California v. Superior Court (1977) 69 Cal.App.3d 593, 597. Section 564 provides twelve instances in which a court may appoint a receiver.

Plaintiff City of Chula Vista's unopposed motion to appoint receiver is granted. CCP §§ 564. The court finds Plaintiff establishes that appointment of a receiver is necessary "to carry the judgment into effect." CCP § 564(b)(3). The court signs the order submitted.

Explanation: Under Code of Civil Procedure section 564, subdivision (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.” Also, “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: … (3) After judgment, to carry the judgment into effect.” (Code Civ. Proc., § 564, subd.

Section 564(b)(3) applies to enforcing judgments; this does not apply as there is no judgment in this case. Section 564(b)(9) applies “[i]n all other cases where necessary to preserve the property or rights of any party.”

Pursuant to California Code of Civil Procedure Section 564(b)(11), a receiver may be appointed by the court “[i]n an action by a secured lender for specific performance of an assignment of rents provision in a deed of trust, mortgage, or separate assignment document.” A receiver may also be appointed “[i]n all cases where necessary to preserve the property or rights of any party.” Cal. C. Civ. Proc. § 564(b)(9).

Notice Of Application And Application To Appoint A Receiver Pursuant To Ccp 564 And 1281.8 Real Property/Housing Court Law and Motion Calendar for Friday, April 29, 2016, line 1. PETITIONER PAOLO MANCINI's Application To Appoint A Receiver Pursuant To Ccp 564 And 1281.8 Hearing Required to address the status of foreclosure. = (501/REQ)

California Rules of Court, Rule 3.1114 does not list a motion for appointment of a receiver. The failure to file a memorandum of points and authorities in this case is not insignificant. The circumstances under which appointment of a receiver is appropriate under CCP section 564(b) various – there are twelve subsections of CCP section 564(b). (Code Civ. Proc., § 564(b).) Judgment Creditor did not identify any subsections of CCP section 564(b) relied upon until the reply.

Notice Of Motion Of Petitioner'S Petition For Appointment Of A Receiver Ccp 564(1) Set for hearing on Thursday, November 6, 2008, line 13. PETITIONER MUSEUM PARC RESIDENTIAL CONDOMINIUM HOMEOWNERS' Motion For Appointment Of A Receiver CCP 564(1) is off calendar. Amended notice filed on October 6 sets the hearing on November 19, 2008. =(302/PJM)

Defendants argue correctly that a receiver is an agent and officer of the court. (Gold v. Gold Realty Co. (2003) 114 Cal.App.4th 791, 806.) CCP section 568 empowers a receiver to bring and defend actions as a receiver, but only under the control of the court. Hence it follows from CCP 568 that a party must first obtain court permission to sue a receiver. (Vitug v. Griffin (1989) 214 Cal.App.3d 488, 492-493.) If a party fails to obtain leave, the receiver may object by filing a timely demurrer.

“Code of Civil Procedure section 564 contains a principal source of authority for trial courts to appoint receivers.” (Id.) “The requirements of Code of Civil Procedure section 564 are jurisdictional, and without a showing bringing the receiver within one of the subdivisions of that section the court's order appointing a receiver is void.” (Id. [citing Rondos v. Superior Court (1957) 151 Cal. App. 2d 190, 195].)

Legal Standard 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 to enforce the judgment. ( Id. , § 564(b).)

Plaintiff failed to show §564(b) applies under the circumstances. ii. §564(b)(9) §564(b)(9) permits appointment of a receiver (9) In all other cases where necessary to preserve the property or rights of any party. Pursuant to Barclays Bank of Cal. V. Superior Court (1977) 69 Cal.App.3d 593, 600, the parties agreement to appointment of a receiver in their contract constitutes prima facie support for imposition of a receiver under this section.

Mendocino County Board of Supervisors , (2001) 88 Cal.App.4th 564, 568. The controlling test for whether a necessary party is also indispensable is whether “the plaintiff seeks some type of affirmative relief which, if granted, would injure or affect the interest of a third person not joined.” Save Our Bay v. San Diego United Port District , (“ Save Our Bay ”) (1996) 42 Cal.App.4th 686, 692.

CCP § 564(a) provides that "a receiver may be appointed ... 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. "[A] receiver may be appointed ... (9) in all other cases where necessary to preserve the property or rights of any party." (CCP § 564(b).)

Code of Civil Procedure section 564, subdivision (b)(5) allows the appointment of a receiver where a corporation has been dissolved, . . . . Finally, Code of Civil Procedure section 564, subdivision (b)(9) provides for the appointment of a receiver where necessary to preserve the property or rights of any party. The appointment of a receiver is a drastic remedy to be utilized only in exceptional cases.

Legal Standard “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, subd. (a).)

Appointment of Receiver Plaintiff moves for appointment of receiver pursuant to Cal. Civ. Proc. § 564 and requests the Court to appoint Michael Strle as Receiver. Plaintiff argues that a receiver is necessary to preserve his rights and legal interests, and that the property is in danger of being lost, removed, or materially injured by Mr. Kuhn’s mismanagement of PBCI, as follows: - Mr. Kuhn incorporated PBCI under false pretenses by misrepresenting a change in law regarding the Association. - Mr.

Appointment of Receiver Plaintiff moves for appointment of receiver pursuant to Cal. Civ. Proc. § 564 and requests the Court to appoint Michael Strle as Receiver. Plaintiff argues that a receiver is necessary to preserve his rights and legal interests, and that the property is in danger of being lost, removed, or materially injured by Mr. Kuhn’s mismanagement of PBCI, as follows: - Mr. Kuhn incorporated PBCI under false pretenses by misrepresenting a change in law regarding the Association. - Mr.

Legal Standard Code of Civil Procedure 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 section 564 lists the circumstances under which a receiver may be appointed, including after a judgment to enforce the judgment. ( Id. , § 564(b).)

Proc., § 564, subd. (b)(1)].) [6] The statutory scheme for the appointment of a receiver provides multiple grounds for appointing a receiver, including where necessary to preserve the property or rights of any party. (Code Civ. Proc., § 564, subd. (b)(9).) Plaintiff has sufficiently demonstrated the need for a receiver especially given the lack of evidence otherwise from Defendant. The court finds on the evidence, the Property is generating rents. (Ritvo Decl., ¶¶ 17-18, Ex. K.)

Proc., § 564, subd. (b)(1)].) [6] The statutory scheme for the appointment of a receiver provides multiple grounds for appointing a receiver, including where necessary to preserve the property or rights of any party. (Code Civ. Proc., § 564, subd. (b)(9).) Plaintiff has sufficiently demonstrated the need for a receiver especially given the lack of evidence otherwise from Defendant. The court finds on the evidence, the Property is generating rents. (Ritvo Decl., ¶¶ 17-18, Ex. K.)

Defendant argues that, because Lorin is not a party, his interest cannot support appointing a receiver under Code of Civil Procedure section 564. Defendant, however, overlooks what exactly the receivership property would be and whose interests the receiver would protect. As plaintiffs proposed order indicates, they move to appoint a receiver not just to control the real property at 167 S. Normandie Ave, but to control the entirety of Normandie Lofts KTown, LLC.

Finally, on page 14, for the first time, Plaintiff refers to CCP § 564. Plaintiff does not specifically mention the sub-part of CCP § 564(b) upon Plaintiff is utilizing as the ground upon which the Court may appoint a receiver. In reviewing CCP § 564, the only possible provision that Plaintiff could move under is CCP § 564(b)(9): In all other cases where necessary to preserve the property or rights of any party.

Plaintiff, in reply, notes that CCP §564(b)(11) was enacted in 1996, and it specifically permits a receiver under the circumstances of this case.