What is an Appointment of Receiver?

Useful Rulings on Appointment of Receiver

Recent Rulings on Appointment of Receiver

DRAKE KENNEDY, ET AL. VS BRIAN KENNEDY, ET AL.

On October 22, 2018, Drake Kennedy (“Drake”) filed his operative Complaint, alleging 8 causes of action for: (1) appointment of receiver, (2) breach of fiduciary duty, (3) breach of written contract, (4) fraudulent concealment, (5) “removal of Brian Kennedy as a Director,” (6) accounting, (7) financial elder abuse, and (8) conversion. Drake’s operative Complaint alleges that in 2013, Drake brought a lawsuit against Brian alleging similar causes of action.

  • Hearing

    Jul 08, 2020

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.

On June 23, 2020, Defendants HZB and Pacific filed and served their joint opposition to the motion for appointment of receiver. On June 29, 2020, Plaintiffs filed and served their reply. Factual Background The Parties Plaintiff Rio Verde is a California corporation with three equal 1/3 shareholders: (1) HZB, (2) Pacific Cannabis, LLC, and (3) Alvarado. (Turner Decl. ¶ 3.) Alvarado is also the CEO, CFO, and Secretary of Rio Verde. (Id.)

  • Hearing

    Jul 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JENNIFER LECHTER VS JOSEPH LAM, ET AL.

procedural history Lechter filed the Complaint on November 20, 2019, alleging eight causes of action: Breach of promissory note Judicial foreclosure of real property and for deficiency judgment Breach of promissory note Judicial foreclosure of real property and for deficiency judgment Breach of guaranty Money lent Specific performance of assignment of rents and appointment of receiver and injunctive relief Specific performance of assignment of rents and appointment of receiver and injunctive relief.

  • Hearing

    Jul 06, 2020

  • Type

    Real Property

  • Sub Type

    other

JENNIFER LECHTER VS JOSEPH LAM, ET AL.

procedural history Lechter filed the Complaint on November 20, 2019, alleging eight causes of action: Breach of promissory note Judicial foreclosure of real property and for deficiency judgment Breach of promissory note Judicial foreclosure of real property and for deficiency judgment Breach of guaranty Money lent Specific performance of assignment of rents and appointment of receiver and injunctive relief Specific performance of assignment of rents and appointment of receiver and injunctive relief.

  • Hearing

    Jul 06, 2020

  • Type

    Real Property

  • Sub Type

    other

P STANDARD GENERAL LTD ET AL VS DOV CHARNEY

Discussion Appointment of Receiver Judgment Creditors seek an order appointing Blake Alsbrook, Esq. of Pasternak, Pasternak & Alsbrook, ALC to (1) take, demand, collect and receive from Los Angeles Apparel, Inc.

  • Hearing

    Jul 06, 2020

PREFERRED BANK VS PREVENTION, LLC

The Complaint alleges five causes of action for: 1) breach of promissory note; 2) judicial foreclosure; 3) money lent; 4) account stated; and 5) appointment of receiver. On December 20, 2019, Defendant answered. On March 3, 2020, Plaintiff moved for summary adjudication of the first four causes of action.

  • Hearing

    Jul 01, 2020

  • Type

    Contract

  • Sub Type

    Breach

HADAR VS. LURIA

Exhibit A--Notion of Motion for Appointment of Receiver 2. Exhibit B--Declaration of Hadar ISO of Appointment of Receiver 3. Exhibit C—Decl. of Timothy Lundell 4. Exhibit D—Tentative Ruling for Dept. 39, Dated August 28, 2017 5. Exhibit E—Notice of Motion for Preliminary Injunction 6. Exhibit F—Order Granting Motion for Preliminary Injunction 7. Exhibit G—First Amended Complaint.

  • Hearing

    Jun 22, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

EDMUNDSON, ET AL. V. BONILLA, ET AL.

Request of Judicial Notice The unopposed request for judicial notice of the complaint and order on Plaintiffs’ motion for appointment of receiver to enforce judgment in Bonilla v. Bonilla (Orange County Superior Court case no. 07CC04418) and of the complaint in Raile v. Bonilla (Orange County Superior Court case no. 30-2013-00629722), is granted. (Evid. Code, § 452, subd. (d).) The court may not take judicial notice of the truth of the matter stated in the complaints.

  • Hearing

    Jun 19, 2020

LUND, EVELYN ET AL VS. HAGEMANN, JENNIFER

The Court having received the Oath of Receiver and proof of bond, the appointment of Peter F. Martin as receiver is confirmed and the Order to Show Cause is vacated. The Court continues the June 24, 2020 hearing on Plaintiff's Motion to Expunge Lis Pendens to September 23, 2020 at 9:00 a.m. pending appointment of a Successor-in-Interest.

  • Hearing

    Jun 17, 2020

5-29-20: CREAMER V. FISCHER

Plaintiff's Motion for Possession of Real Property, for Appointment of Receiver, and for Restraining Order is continued on the court's own motion to July 24, 2020, at 10:00 am in Dept. 6. Defendant shall make all house payments pending the further hearing. In the event Defendant fails to timely make a payment, Plaintiff may file an ex parte application for possession. DUE TO THE CORONAVIRUS, APPEARANCES ARE NOT REQUIRED AND ARE NOT PERMITTED.

  • Hearing

    Jun 01, 2020

  • Judge

    Dept. 6

  • County

    Nevada County, CA

NAJJAR VS. GOLDSTEIN

HEARING ON RENEWED MOTION FOR APPOINTMENT OF RECEIVER FILED BY GEORGE NAJJAR * TENTATIVE RULING: * After first moving for a receiver in October of 2019 and being denied that remedy earlier this year, Plaintiff George Najjar again moves for appointment of a receiver to seize control over defendant company, New U Life, Inc. The motion is denied.

  • Hearing

    May 20, 2020

: CREAMER V. FISCHER

Plaintiff's Motion for Possession of Real Property, for Appointment of Receiver, and for Restraining Order is continued on the court's own motion to May 29, 2020, at 10:00 am in Dept. 6. Defendant shall make all house payments pending the further hearing. In the event Defendant fails to timely make a payment, Plaintiff may file an ex parte application for possession. DUE TO THE CORONAVIRUS, APPEARANCES ARE NOT REQUIRED AND ARE NOT PERMITTED.

  • Hearing

    Apr 03, 2020

  • Judge

    Dept. 6

  • County

    Nevada County, CA

ZB N.A. V. BRANDREP LLC

Based on the Request for Dismissal filed on 3-10-20, the Order to Show Cause hearing regarding the Appointment of Receiver and Preliminary Injunction set for hearing on 3-17-20 is off calendar.

  • Hearing

    Mar 17, 2020

CREAMER V. FISCHER 3-13-20

Personal appearances are required for hearing by Plaintiff, Defendant, and counsel on Plaintiff's Motion for Possession of Real Property, for Appointment of Receiver, and for Restraining Order. Telephonic appearances are not permitted for this matter. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

  • Hearing

    Mar 11, 2020

  • Judge

    Dept. 6

  • County

    Nevada County, CA

FIRST BANK,A MISSOURI CORPORATION VS INOVEX FURNISHINGS CORPORATION,A CALIFORNIA CORPORATION, ET AL.

On October 7, 2019, Plaintiff filed a complaint, asserting causes of action against Inovex, Tang and Does 1-20 for: Breach of Written Contract Money Had and Received Claim and Delivery Appointment of Receiver and Injunctive Relief Breach of Guaranty On January 15, 2020, Inovex’s and Tang’s defaults were entered. A Case Management Conference is set for March 6, 2020. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice.

  • Hearing

    Mar 06, 2020

RAFAEL G CUNANAN ET AL VS JOSE G NIETO JR ET AL

Plaintiffs’ motion for summary adjudication of the 3rd (conversion) cause of action against Jose is denied. 4th cause of action for Accounting and Appointment of Receiver to Collect Rents, Issues, and Profits and Injunctive Relief (4th COA) (vs. Josephine, Jose, and Chase) The court notes that Plaintiffs’ move for summary adjudication of the 4th (accounting and appointment of receiver) cause of action only against Jose.

  • Hearing

    Feb 27, 2020

  • Type

    Real Property

  • Sub Type

    other

SCOTT LAMBERT VS PATRICK GOLDBERG MCMAHON, ET AL.

The court set a hearing on a motion for appointment of receiver for February 18, 2020 and set a briefing schedule. The hearing date was later continued by the court to February 20, 2020. On January 13, 2020, Defendants filed their supplemental brief in support of the motion, as well as copies of their moving declarations.[1] On January 27, 2020, Lambert field an amended opposition.

  • Hearing

    Feb 20, 2020

DILLEY, GLEN VS JOHNSON, TERRY ANN ET AL

Plaintiff's Motion for Appointment of Receiver is denied. Counsel for the Defendant shall submit a revised form of order consistent with this ruling within two weeks. The Court will conduct a Case Management Conference. Counsel are to appear.

  • Hearing

    Feb 19, 2020

DAVID SEYDE VS DRAKE KENNEDY, ET AL.

On October 22, 2018, Drake Kennedy (“Drake”) filed his operative Complaint, alleging 8 causes of action for: (1) appointment of receiver, (2) breach of fiduciary duty, (3) breach of written contract, (4) fraudulent concealment, (5) “removal of Brian Kennedy as a Director,” (6) accounting, (7) financial elder abuse, and (8) conversion.

  • Hearing

    Feb 18, 2020

AARON JUSTIS, ET AL. VS. MICHAEL HODGES

Hodges filed a first amended cross-complaint (“FACC”) on May 21, 2018 against Aaron Justis and B&R for: (1) appointment of receiver; (2) removal of director; (3) breach of oral contract; (4) breach of fiduciary duty; (5) conversion; (6) unjust enrichment; (7) quantum meruit; (8) declaratory relief; (9) fraud; (10) promissory estoppel; (11) appointment of provisional director; and (12) accounting. B. Motions on Calendar On calendar are 3 motions to compel further responses and 1 motion for sanctions.

  • Hearing

    Feb 07, 2020

  • County

    Los Angeles County, CA

DRAKE KENNEDY, ET AL. VS BRIAN KENNEDY, ET AL.

On October 22, 2018, Drake filed his operative Complaint, alleging 8 causes of action for: (1) appointment of receiver, (2) breach of fiduciary duty, (3) breach of written contract, (4) fraudulent concealment, (5) “removal of Brian Kennedy as a Director,” (6) accounting, (7) financial elder abuse, and (8) conversion. Drake’s Complaint alleges that in 2013, Drake brought a lawsuit against Brian alleging similar causes of action.

  • Hearing

    Feb 05, 2020

SINGH V. HAMID

Defendant filed a supplemental opposition to the motion for preliminary injunction and application for appointment of receiver on January 17, 2020.

  • Hearing

    Jan 31, 2020

CITY OF FRESNO V. GARCIA ET AL.

Motion: Hearing on City of Fresno’s Petition for Order to Abate Substandard Building, Appointment of Receiver and Orders Pursuant to Health and Safety Code Tentative Ruling: To grant and sign the proposed order, pending the Petitioner taking the required actions to substitute a proper party or parties in place of deceased respondent property owners Mary Lu Garcia, Ethel Lee Gibbs, and Nora Nita Stillman, as explained further below.

  • Hearing

    Jan 22, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

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