Plaintiff Lance Z. Ricotta brings this motion, seeking an order appointing a receiver and issuing a preliminary injunction.

"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." CCP §564(a).

"A receiver may be appointed by the court in which an action or proceeding is pending ...[i]n an action ... between partners or others jointly owning or interested in any property or fund, 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." CCP §564(b)(1).

"The appointment of a receiver is a drastic remedy, may involve unnecessary expense and hardship and courts carefully weigh the propriety of such appointment in exercising their discretion to appoint a