Order Appointment Receiver After Hearing And Preliminary Injunction Rents Issues And Profits {RC-310} | Pdf Fpdf Doc Docx | California

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Order Appointment Receiver After Hearing And Preliminary Injunction Rents Issues And Profits {RC-310} | Pdf Fpdf Doc Docx | California

Last updated: 5/29/2015

Order Appointment Receiver After Hearing And Preliminary Injunction Rents Issues And Profits {RC-310}

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Description

RC-310 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Index No. Calendar No. : Plaintiff(s) -against: : : : SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: JUDICIAL SUBPOENA PLAINTIFF: DEFENDANT: Defendant(s) : ...................................................... ORDER APPOINTING RECEIVER AFTER HEARING AND PRELIMINARY INJUNCTION RENTS, ISSUES, AND PROFITS THE PEOPLE OF THE STATE OF NEW YORK CASE NUMBER: TO ORDER APPOINTING RECEIVER AFTER HEARING 1. Hearing date and property description. A hearing on the Order to Show Cause for the appointment of a receiver of the property described in Attachment 1 (attach description of real and personal property) was held as follows: Date: Time: Dept.: Room: GREETINGS: THE COURT ORDERS the following: the Honorable 2. County of (Name): Receiver. located at WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , at the Court 3. Receiver's oath and bond. The receiver shall immediately, and before performing any duties: (1) execute and file a receiver's oath, and (2) file the bond required by Code of Civil Procedure section 567(b) in the amount of: $ in room , on the , 20 at o'clock in the is appointed as receiver to take day of possession of the property ,described in Attachment 1. noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to per month per hour other (specify): 4. the party on fees. The receiversubpoena was issued for a maximum penalty ofthan and all damages sustained as a Receiver's whose behalf this may charge for the receiver's services no more $50 result of your failure to comply. a. $ b. c. percent of gross monthly rents Witness, Honorable the greater of a or b Court in $ County,as a one-time start-up fee, 20 day of d. , one of the Justices of the 5. Management company. The receiver may employ the (Attorney must sign above and type name below) management company of (name): a. The receiver may pay the company not more than (1) (2) (3) (4) b. $ $ the greater of (1) or (2) as a one-time start-up fee per month percent of gross monthly rents Attorney(s) for per hour other (specify): Office and P.O. Address Management company fees are included in receiver's fees in item 4. 6. Disclosure. The receiver shall immediately disclose to all parties any financial relationship between the receiver and any company hired to assist in the management of the receivershipTelephone No.: property. Form Approved for Optional Use Judicial Council of California RC-310 [Rev. January 1, 2007] Facsimile No.: E-Mail Address: ORDER APPOINTING RECEIVER AFTER HEARING AND PRELIMINARY INJUNCTIONMobile Tel. No.: RENTS, ISSUES, AND PROFITS (Receivership) Page 1 of 5 Code of Civil Procedure §§ 527, 529, 564(b)(10); Cal. Rules of Court, rules 3.1175, 3.1176, 3.1177 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com RC-310 PLAINTIFF (Name): DEFENDANT (Name): CASE NUMBER: 7. General duties. After qualifying, the receiver a. b. c. d. shall take possession of and manage the property, shall collect the income from the property, shall care for the property and may incur the expenses necessary for that care, and may change the locks on the property. 8. Prohibited agreements. The receiver shall not enter into an agreement with any party to this action about the administration of the receivership or about any post receivership matter. Inventory. Within 30 days after qualifying, the receiver shall file an inventory of all property possessed under this order. 9. 10. Expenditures. The receiver shall expend money coming into his or her possession to operate and preserve the property and only for the purposes authorized in this order. Unless the court orders otherwise, the receiver shall to the extent practical hold the balance in interest-bearing accounts in accordance with Code of Civil Procedure section 569. 11. Leases and rentals. The receiver may without court approval enter into leases for a term not exceeding one year, obtain and evict tenants, and set and modify the amounts and terms of leases. 12. Security deposits. Unless the security deposit has been turned over or paid to the receiver, the receiver shall not refund a deposit to a tenant. 13. Monthly accounting of receiver's income, expenses, and fees. a. The receiver shall each month prepare and serve on the parties, but not file, an accounting of the income and expenses incurred in the administration of the receivership property, including the receiver's fees and expenses. b. The receiver may pay the receiver's own fees and expenses only by the following procedures: (1) By serving on all parties a notice of intent to pay to which no objection is served on the receiver within 20 days of the date the notice is served. (2) By serving and filing a request for interim payment, which the court then approves. (3) By obtaining and filing an agreement among all the parties approving the payment, which the court then approves. (4) By filing the receiver's final accounting and report, which the court then approves. c. The receiver shall not reimburse the receiver for the receiver's general office administration expenses or overhead without court approval. These expenses include, for example, office supplies and employee payroll, benefits, and taxes. 14. Management. a. The receiver shall operate the property and take possession of all accounts relating to the property. b. The receiver may (1) employ agents, employees, clerks, accountants, and property managers to administer the receivership property, and (2) purchase materials, supplies, and services reasonably necessary to administer the receivership property. c. The receiver may do all the things, and incur the risks and obligations, ordinarily done or incurred by owners, managers, and operators of businesses and property similar to that possessed by the receiver; except the receiver shall not make any capital improvements to the property without prior court approval. 15. Bank accounts. The receiver a. may establish accounts at any financial institutions

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