16 September 2022
Court Receiverships
In the state of California, court-appointed receivers must be qualified to serve as receivers. Pursuant to the California Code of Civil Procedure § 566(a), numerous circumstances would prohibit an individual from qualifying to serve as a court receiver. This includes a party to the litigation, an attorney for a party, or a person interested in an action or related to any judge of the court.
California Rules of Court, rule 3.1177, sets forth the procedure regarding who can be nominated as a receiver; however, no similar restrictions apply. Any party appearing may, at the time of a hearing, suggest in writing one or more persons who may seek the appointment or substitution as the receiver. While not specifically prohibited in this section, it would not be advisable to nominate a relative of a party or a business associate, and failure to make such disclosure may create conflicts.
3 December 2021
Court Receiverships, Resources
The California Code of Civil Procedure Section 564 lists many of the traditional types of cases in which receivers may be appointed. They include, but are not limited to, the following: Preservation of a common fund or property in dispute and in danger of injury or dissipation;Rents, Issues and Profits (Real Estate);Substandard Housing – The…
10 December 2021
Court Receiverships, Resources
A receivership can be structured in a variety of ways based on the nature of the dispute, the goals and objectives of the parties, the type of asset(s) that will be placed under the control of a receiver as well as the ruling of the court. There are two core types of receiverships – a…
11 May 2022
Court Receiverships, Resources
All court receiverships are not created equally, but the life-cycle of a court receivership has similarities that can be seen in almost every case.
