Category: Court Receiverships

In California, the court receiver is entitled to seek compensation. This is pursuant to California Rules of Court, rules 3.1183, 3.1184. Typically, the order appointing the receiver will set forth the procedures whereby the receiver may be compensated. Often, a receiver must circulate a notice of intent to pay fees along with a copy of…

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…

In California, the legal authority for the appointment of a post-judgment receivership is contained in CCP § 708.610-708.630. The court may appoint a receiver to enforce the judgment where the judgment creditor shows that, considering the interests of both the judgment creditor and debtor, receivership is a reasonable method to obtain the fair and orderly…

The California Rules of Court, Rule 3.1179 sets forth the basic parameters regarding court-appointed receivers. A Los Angeles court-appointed real estate receiver is an agent of the Court and not a party. As a result, the receiver is neutral, asks for the benefit of all who may have an interest in the receivership property, and…

California health and safety law requires residential landlords to maintain dwelling units in a habitable condition. This principle is known as the warranty of habitability. If a landlord is found to have violated applicable statutes regarding habitability issues, government agencies can take action to appoint a receiver to help bring the property into compliance. The…

A California court-appointed receiver may borrow funds. The process of borrowing funds is subject to court approval. The court receiver will need to identify the reasons for the borrowing which may include the preservation and management of the real estate, property, or business operations over which the receiver has been appointed. The borrowing itself is…

In the State of California, there are numerous elements of the law that require landlords to provide housing in a reasonably safe and habitable manner. The duty of care that a landlord owes to its tenants, guests, and invitees requires that it uses ordinary care to comply with the rules of the road including numerous…

A receiver is always appointed by the court pursuant to a court order. Sometimes appointed receivers may be provided with the authority to sell real estate. This authority is contained in the California Code of Civil Procedure Section 568.5. The receiver must use reasonable care to sell the property at or above market rates. A…

A California court-appointed receiver may be appointed pursuant to the State of California Code of Civil Procedure 564. This code identifies the following circumstances under which the court may seek the appointment of a receiver: