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Posts by Sarah Bates

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What is the legal standard for the appointment of a judgment enforcement receiver in California?

Section 564 permits the appointment of a receiver “in any case in which the court is empowered by law” to do so. Cal. Civ. Proc. Code § 564(a). Section 708.620 so empowers this Court to appoint a receiver to enforce a money judgment if, upon consideration of the parties’ interests, the appointment is “a reasonable…

What is the legal standard to have a California court receiver appointed in a probate matter?

California Probate Code § 16420 provides that (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary may commence a proceeding for any of the following purposes that is appropriate: (1) To compel the trustee to perform the trustee’s duties. (2) To enjoin the trustee from…

What is the legal standard for the appointment of a California equity court receiver over a corporation?

Cal. Code Civ. Proc., § 564 provides: (a) 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. (b) A receiver may be appointed by the court in which…

Under the Uniform Commercial Real Estate Receivership Act, what are the powers and duties of a receiver?

The Receiver is empowered to: (1) collect, control, manage, conserve, and protect receivership property;(2) operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business;(3) in the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s…