California

Civil Procedure

Civil Procedure

Rule 3.1175 – Ex parte application for appointment of receiver

(a) Application

In addition to any other matters supporting an application for the ex parte appointment of a receiver, the applicant must show in detail by verified complaint or declaration:

(1) The nature of the emergency and the reasons irreparable injury would be suffered by the applicant during the time necessary for a hearing on notice;
(2) The names, addresses, and telephone numbers of the persons in actual possession of the property for which a receiver is requested, or of the president, manager, or principal agent of any corporation in possession of the property;
(3) The use being made of the property by the persons in possession; and
(4) If the property is a part of the plant, equipment, or stock in trade of any business, the nature and approximate size or extent of the business and facts sufficient to show whether the taking of the property by a receiver would stop or seriously interfere with the operation of the business.

If any of the matters listed above are unknown to the applicant and cannot be ascertained by the exercise of due diligence, the applicant’s declaration or verified complaint must fully state the matters unknown and the efforts made to acquire the information.

Cal. R. Ct. 3.1175

Rule 3.1175 amended and renumbered effective January 1, 2007; adopted as rule 349 effective January 1, 1984; previously amended and renumbered as rule 1900 effective January 1, 2002.