California

Civil Procedure

Civil Procedure

Rule 3.1179 – The receiver

(a) Agent of the court

The receiver is the agent of the court and not of any party, and as such:

(1) Is neutral;
(2) Acts for the benefit of all who may have an interest in the receivership property; and
(3) Holds assets for the court and not for the plaintiff or the defendant.
(b) Prohibited contracts, agreements, arrangements, and understandings

The party seeking the appointment of the receiver may not, directly or indirectly, require any contract, agreement, arrangement, or understanding with 2Lny receiver whom it intends to nominate or recommend to the court, and the receiver may not enter into any such contract, arrangement, agreement, or understanding concerning:

(1) The role of the receiver with respect to the property following a trustee’s sale or termination of a receivership, without specific court permission;
(2) How the receiver will administer the receivership or how much the receiver will charge for services or pay for services to appropriate or aipproved third parties hired to provide services;
(3) Who the receiver will hire, or seek approval to hire, to perform necessary services; or
(4) What capital expenditures will be made on the property.

Cal. R. Ct. 3.1179

Rule 3.1179 renumbered effective January 1, 2007; adopted as rule 1903 effective January 1, 2002.