What is an Appointment of Receiver?

Useful Rulings on Appointment of Receiver

Recent Rulings on Appointment of Receiver

PACIFIC CITY BANK VS EUNYOUNG YOUN

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On August 28, 2018, Plaintiff Pacific City Bank filed a verified complaint against Defendant Eunyoung Youn for (1) breach of contract, (2) recovery of personal property, (3) for specific performance for appointment of receiver and injunctive relief, and (4) money lent.

  • Hearing

    Oct 01, 2020

ALMA LASERS, INC. VS. BONNI

Plaintiff/Judgment Creditor Alma Lasers, Inc.’s unopposed Motion for Appointment of Receiver is GRANTED. After considering the interests of both the judgment creditor and the judgment debtor, the Court finds that the appointment of a receiver is a reasonable method to obtain the fair and orderly satisfaction of the judgment (“Judgment”) obtained by Alma Lasers, Inc. on March 15, 2017 in this action. (See Code Civ. Proc. § 708.620.)

  • Hearing

    Sep 30, 2020

SERENA YOUNG VS PHILIP E HILL M.D ET AL

Motion for Appointment of Receiver and Dissolution of LBAO Plaintiff makes an alternative motion to dissolve LBAO and appoint a receiver to oversee the dissolution. Plaintiff’s first request is for an order dissolving LBAO. Plaintiff seeks the order pursuant to Corporations Code §1800, et seq. Plaintiff cites no authority for the position that the Court can issue an order dissolving a corporation on noticed motion.

  • Hearing

    Sep 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

YI HAN VS QINGYUN JIANG

On January 15, 2020, the Court denied Plaintiff’s ex parte application for a temporary restraining order and setting of an order to show cause re: preliminary injunction and appointment of receiver. In denying the ex parte application, the Court noted that “plaintiff did not give notice to defendant of the ex parte application. In addition, the March 3, 2016, e-mail states that no agreement was in effect. Further, plaintiff has not presented evidence that he will prevail on the merits of his claims.

  • Hearing

    Sep 24, 2020

CWR HOLDINGS LLC VS BOMEL SAN DIEGO EQUITIES LLC ET AL

Office Depot defines whether a domain name is appropriately considered “property” such that a receiver can be appointed, and where the domain name can be considered located for purposes of determining whether a motion for appointment of receiver is appropriate. (Id. at 775-778.) Although Office Depot does indicate that appointing a receiver was appropriate in that instance, there is no discussion of why the Office Depot court found that appointing a receiver was appropriate. (Id. at 778.)

  • Hearing

    Sep 22, 2020

CITY OF LA HABRA VS JOHNSON

Petition to Abate Building and Appointment of Receiver The Petition filed by City of La Habra (“City”) for an Order to Abate Substandard Building and Appoint Receiver, per Health & Safety Code § 17980.7(c), as to real property located at 410 N. Marion St., La Habra CA 90631 (APN 022-433-03) (the “Property”), is Granted. The owner of record, Pegeen V. Johnson as Trustee of the Pegeen V. Johnson Trust dated July 25, 1988 (“Trust”), is evidently long deceased. (Moy Decl., Exs. 1, 2.)

  • Hearing

    Sep 18, 2020

CIVIC FINANCIAL SERVICES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS TENSUN 42 LLC, A WYOMING LIMITED LIABILITY COMPANY

Complaint Plaintiffs Civic Financial Services, LLC, (“Civic”) and HMC Assets, LLC (“HMC”), as trustee for Civic (collectively, “Civic”), commenced this proceeding on August 19, 2019, alleging three causes of action for specific performance and appointment of receiver. The Complaint alleges in pertinent part as follows. Defendant Tensun 42, LLC (“Tensun”) is operated by sole manager Anne Kihagi (“Kihagi”).

  • Hearing

    Sep 17, 2020

  • Type

    Real Property

  • Sub Type

    other

SWARTZ VS SWARTZ PROPERTIES LLC

Plaintiff alleges causes of action for (1) breach of fiduciary duty/mismanagement of the Company; (2) breach of contract (Operating Agreement); (3) breach of covenant of good faith and fair dealing; (4) conversion of membership interest; (5) accounting; (6) involuntary dissolution of LLC and appointment of receiver; (7) constructive trust (of plaintiff's 1/3 interest in the Company). None of these causes of action affect title to or right to possession of real property.

  • Hearing

    Sep 17, 2020

  • Type

    Real Property

  • Sub Type

    other

SHIHADEI-I KITAMI VS. WALEED SABRAH, ET AL

NATURE OF PROCEEDINGS: FURTHER HEARING — ON PLAINTIFF’S EX PARTE APPLICATION FOR APPOINTMENT OF RECEIVER/ISSUANCE OF RESTRAINING ORDER RULING PLEASE NOTE: THE SEPTEMBER 8, 2020 LAW AND MOTION CALENDAR FOR DEPARTMENT A WILL BE CONDUCTED VIA ZOOM. THE ZOOM INFORMATION IS PROVIDED BELOW.

  • Hearing

    Sep 08, 2020

CTBC BANK CORP. (USA) VS DAMO TEXTILE, INC. A CALIFORNIA CORPORATION

On April 8, 2020, the court (Judge Samantha Jessner) entered an order approving a stipulation for the appointment of receiver. A related minute order dated April 7, 2020, states that the appointment of a receiver shall only apply to “Damo Textile and Mr. Min,” apparently referring to James Min. On June 16, 2020, Receiver Stephen Donnell (“Receiver”) filed an ex parte application for an OSC re: contempt against Edwin Min. The court heard and continued the matter on June 17, 2020.

  • Hearing

    Sep 08, 2020

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 operative Complaint alleges that in 2013, Drake brought a lawsuit against Brian alleging similar causes of action.

  • Hearing

    Sep 08, 2020

SINGH V. HAMID

Plaintiff Ahmad declares: prior to the motion for appointment of receiver he had no relationship, business or otherwise, with Ms. Moore; and the first time he met her was on July 7, 2020. (Declaration of Plaintiff Ahmad in Opposition to Motion, paragraphs 5 and 6.) Plaintiff Singh declares in opposition that prior to the motion for appointment of receiver he had no relationship, business or otherwise, with Ms. Moore. (Declaration of Plaintiff Singh in Opposition to Motion, paragraph 3.)

  • Hearing

    Sep 04, 2020

BANC OF CALIFORNIA, NATIONAL ASSOCIATION VS MARY CAROLE MCDONNELL, ET AL.

On December 24, 2018, Plaintiff filed a Complaint, and on May 17, 2019, the operative First Amended Complaint (“FAC”) against Defendants for: Intentional misrepresentation/fraud; Conspiracy to defraud; Negligence (against Northern and Clark); Negligent hiring, retention, and supervision (against Northern); Breach of written contract; Negligent misrepresentation; Money had and received; Account stated; Open book account; and Appointment of receiver.

  • Hearing

    Aug 28, 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

    Aug 27, 2020

  • Type

    Real Property

  • Sub Type

    other

PEOPLE OF THE STATE OF CALIFORNIA, EX REL. KARL H. BERGER, ET AL. VS SAMUEL BYBEE, ET AL.

.: 20NWCV00057 HEARING: 8/19/20 JUDGE: OLIVIA ROSALES #4 TENTATIVE ORDER Plaintiff/Petitioner CITY OF BELLFLOWER’s unopposed Motion for Appointment of Receiver Pursuant to Health and Safety Code Section 17980.7 is GRANTED. Moving Party to give notice. Background This is an action to abate a public nuisance. Plaintiffs People of the State of California, by the City Attorney of Bellflower and City of Bellflower (“City”) allege Defendant Samuel E.

  • Hearing

    Aug 19, 2020

  • Type

    Real Property

  • Sub Type

    other

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

CITY OF DOWNEY VS MARTIN COLIN

Maniaci Family Trust made a general appearance on 10/30/19 at the hearing for appointment of receiver. "[A] general appearance occurs where a party, either directly or through counsel, participates in an action in some manner which recognizes the authority of the court to proceed. It does not require any formal or technical act." (Id., at 1756, citing Sanchez v. Sup. Ct. (1988) 203 Cal.App.3d 1391, 16 1397.)

  • Hearing

    Aug 18, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

MARIA LARA V. SHAUN WOOD

Plaintiff’s Motion for Possession of Real Property, Appointment of Receiver, and Restraining Order TENTATIVE RULING Plaintiff MARIA LARA’s motion for possession of real property is denied. On July 9, 2020, the parties reached an agreement to select a realtor and to list the property. Defendant agreed to maintain the house and yard pending sale of the property. This motion was filed prior to the parties’ agreement.

  • Hearing

    Aug 11, 2020

PEOPLE OF THE STATE OF CALIFORNIA EX REL. TIFFANY ISREAL,CITY ATTORNEY FOR THE CITY OF LAWDALE, ET AL. VS PAUL PRICE, ET AL.

Therefore, the motion for appointment of receiver and requiring reimbursement is granted. Petitioner is ordered to give notice of this ruling. The OSC re Failure to File Default Judgment is discharged.

  • Hearing

    Aug 10, 2020

  • Type

    Real Property

  • Sub Type

    other

DORIS BERGMAN VS FRANK ZIMMERMANN ET AL.

On the same day, Plaintiff filed a Motion for Appointment of Receiver and a Petition concerning the internal Affairs of a Trust in the probate department. On September 16, 2019, Defendant filed a demurrer to the First Amended Complaint. On October 22, 2019, this Court denied the Plaintiff’s Motion for Appointment of a Receiver, and granted the demurrer with leave to amend. On December 20, 2019, the Plaintiff filed her Second Amended Complaint.

  • Hearing

    Aug 09, 2020

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

OCEAN TOWERS HOUSING CORPORATION VS SEIF ASCAR AS THE TRUSTEE OF THE WINDSOR PROPERTY TRUST, ET AL.

Case No. 19SMCV00918 Hearing Date August 7, 2020 Plaintiff’s Ex Parte Application for Appointment of Receiver Plaintiff Ocean Towers Corporation (“HOA”) argues the nominal owners defaulted on their indemnity obligations and seeks appointment of a receiver to preserve its collateral – namely, the units and their rents.

  • Hearing

    Aug 07, 2020

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

Hearing Date: August 5, 2020 Moving Parties: Plaintiff Carol Jean Thompson Responding Party: Defendant Delmer James McEntyre Motion for Appointment of Receiver The court considered the moving, opposing, and reply papers. RULING The motion is CONTINUED. BACKGROUND On March 27, 2019, plaintiff Carol Jean Thompson (“Plaintiff”) filed a complaint against defendant Delmer James McEntyre (“Defendant.”)

  • Hearing

    Aug 05, 2020

  • Type

    Real Property

  • Sub Type

    other

ABRAHAM ZAKARIA ET AL VS SHAWN ZACKARY ET AL

Judge Haberfeld views appointment of receiver as improperly displacing him as arbitrator and seeks to ensure this Court is aware of his interest in the continued handling of this matter. (See para. 19 of decision.) However, as discussed above, just because this Court has appointed a receiver does not mean it is also ousting the arbitrator of jurisdiction.

  • Hearing

    Aug 05, 2020

APPLIED GENERAL AGENCY, INC VS. GREENLEAF FINANCIAL AND INSURANCE SERVICES, INC.

Ex Parte Application for Appointment to Abate Public Nuisance The Petition filed by City of Costa Mesa (“City”) as to a real property located at 1269 Baker Street, Costa Mesa, CA 92626 (APNs 141-201-04 and 141-201-17) and 1273 Baker Street, Costa Mesa, CA (APNs 141-201-03 and 141-201-18) (the “Property”), for an Order to Abate Substandard Building and Appointment of Receiver, per Health & Safety Code § 17980.7(c), is Granted.

  • Hearing

    Jul 31, 2020

NICK N. SARKISSIAN, ET AL. VS TONY SARKISSIAN, ET AL.

APPOINTMENT OF RECEIVER Plaintiffs’ Ex Parte Application Appointing Receiver for the Limited Purpose of Winding Down or Assuming Control of Defendant, Dancool HVAC Supply, Inc. is DENIED. As a preliminary matter, no Attachment 2a setting forth the proposed property to be subject to receiver is attached to the proposed order appointing a receiver.

  • Hearing

    Jul 31, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SCHNITZER FAMILY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP VS EVALYN H. FORSTER, ET AL.

Fourth Cause of Action for Appointment of Receiver A judge may appoint a receiver only on a ground specified by statute. (Marsch v. Williams (1964) 23 Cal.App.4th 238, 246.) Code of Civil Procedure section 564 sets forth the general grounds for appointment. Plaintiff’s complaint fails to set forth a ground for appointing a receiver.

  • Hearing

    Jul 24, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

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