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Cal Code of Civil Procedure Receivership

Ervin Cohen & Jessup LLP

Using Cal. Civ. Pro. §564(b)(9) To Get A Receiver Appointed

Q: I am involved in pending litigation and would like to get a receiver appointed. The facts of the case, however, don’t exactly fit into the types of cases enumerated in Cal. Civ. Pro. Code §564(b). Is there some other bases...more

Ervin Cohen & Jessup LLP

Can You Collaterally Attack a Receiver’s Appointment?

Q: I am a receiver for a partnership. I was appointed pursuant to a stipulation between the current partners and a secured creditor. After an extensive investigation, I have sued the former managing partner and her mother to...more

Ervin Cohen & Jessup LLP

Is a Receiver Entitled to Interest on the Receiver’s Awarded, but Unpaid, Fees?

Q: In a receivership I just wrapped up, the court approved by final account and report and awarded me final fees. Because there were insufficient funds in estate to pay my fees in full, the court ordered the defendant to pay...more

Patton Sullivan Brodehl LLP

A Receiver For Your LLC?

LLC disputes frequently lead to the court’s appointment of a receiver under California Code of Civil Procedure section 564.  The receiver effectively steps into the shoes of the LLC’s manager, and calls the shots regarding...more

Ervin Cohen & Jessup LLP

What Can Be Done With Returned or Uncashed Distribution Checks?

Question: I have seen various instances where receivers have requested that funds from returned or uncashed checks from a distribution be redistributed to other claimants or used to pay administrative fees or costs. Is this...more

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