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Ex Parte Order Appointing Receiver And Order To Show Cause And Temporary Restraining Order Rents Issues And Profits (Receivership) RC-200 - California
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RC-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: DEFENDANT: EX PARTE ORDER APPOINTING RECEIVER AND ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER--RENTS, ISSUES, AND PROFITS NOTICE OF HEARING Date: The address of the court Time: is shown above is (specify): Dept.: CASE NUMBER: Room: ORDER TO SHOW CAUSE 1. To defendant (name each): 2. THE COURT ORDERS the defendants named in item 1 to appear in this court at the date, time, and place shown in the box above to give any legal reason a. Why a receiver should not be confirmed to (1) take possession and continue in possession of the property described in Attachment 2a (attach a description of the real and personal property subject to the receivership) (the "property"), and (2) manage the property in accordance with this order until further order of this court. b. Why you should not be prohibited from controlling or receiving any income from the property described in Attachment 2a. ORDER APPOINTING RECEIVER THE COURT ORDERS, pending the hearing on the Ex Parte Order to Show Cause, the following: 3. Receiver. (Name): is appointed as receiver to take possession of the property described in Attachment 2a. 4. Receiver's oath and bond. The receiver shall immediately, and before performing any duties: a. execute and file a receiver's oath, and b. file the bond required by Code of Civil Procedure section 567(b) in the amount of: $ 5. Receiver's fees. The receiver may charge for the receiver's services no more than (check all that apply): a. b. c. d. $ per month per hour percent of gross monthly rents other (specify): the greater of a or b as a one-time start-up fee $ 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 Form Approved for Optional Use Judicial Council of California RC-200 [Rev. January 1, 2007] EX PARTE ORDER APPOINTING RECEIVER AND ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER--RENTS, ISSUES, AND PROFITS (Receivership) American LegalNet, Inc. www.FormsWorkflow.com RC-200 PLAINTIFF (Name): DEFENDANT (Name): CASE NUMBER: 6. Management company. The receiver may employ the management company of (name): a. The receiver may pay the company not more than per month per hour (1) $ (2) percent of gross monthly rents (3) the greater of (1) or (2) (4) as a one-time start-up fee $ Management company fees are included in receiver's fees in item 5. other (specify): b. 7. 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 receivership property. 8. Plaintiff's ex parte bond. Plaintiff shall immediately file an applicant's bond under Code of Civil Procedure section 566(b) in the amount of: $ 9. 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. 10. 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 postreceivership matter. 11. Inventory. Within 30 days after qualifying, the receiver shall file an inventory of all property possessed under this order. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. RC-200 [Rev. January 1, 2007] EX PARTE ORDER APPOINTING RECEIVER AND ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER--RENTS, ISSUES, AND PROFITS (Receivership) Page 2 of 5 RC-200 PLAINTIFF (Name): DEFENDANT (Name): CASE NUMBER: 17. Bank accounts. The receiver a. may establish accounts at any financial institutions insured by an agency of the United States government that are not parties to this proceeding, b.