SCOTT LAMBERT VS PATRICK GOLDBERG MCMAHON, ET AL.

Scott Lambert, v. Patrick Goldberg McMahon, et al.

Judge Mary Strobel

Hearing: February 20, 2020

19STCV36361

Tentative Decision on Motion for Appointment of a Receiver: DENIED

Defendants and Cross-Complainants P&S Ventures, LLC (“P&S”), Patrick McMahon, Dina Browner, and Jason Beck (collectively “Defendants”) move for appointment of a receiver over P&S. Plaintiff and Cross-Defendant Scott Lambert (“Lambert”) opposes the motion.

In the moving papers, Defendants sought appointment of a receiver “to take possession and charge of, manage, and sell all assets of P&S to pay off creditors.” (Ex parte 2.) Defendants argued that a receiver is necessary to protect P&S from alleged wrongdoing of former CEO Lambert, because P&S lacks sufficient funds to pay its creditors, and because P&S cannot file for bankruptcy because it operates in the cannabis industry. (Id. at 2, 4, 13.)

In reply, apparen........