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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…

A partition referee is appointed in connection with the filing of a lawsuit involving the partition of real property. After an interlocutory judgment is obtained, a partition referee may be appointed. The partition referee takes possession in order to sell the property pursuant to the court order. The partition referee must be a neutral third…

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…

In the State of California when more than one person is a co-owner of the property and one of those individuals wants to sell and the other does not want, the law in the State of California allows the sale of property through a legal action known as partition. In order to proceed with a…