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CODE OF CIVIL PROCEDURE
SECTION 564-570
RECEIVER
564. (a) A receiver may be appointed, in
the manner provided in this chapter, by the court in which an action or proceeding is pending in any
case in which the court is empowered by law to appoint a receiver.
(b) A receiver may be appointed by the court in which an action
or proceeding is pending, or by a judge thereof, in the following cases:
(1) In an action by a vendor to vacate a fraudulent purchase
of property, or by a creditor to subject any property or fund to the creditor's
claim, or between partners or others jointly owning or interested in any property or fund, on the application of
the plaintiff, or of any party whose right to or interest in the property or fund,
or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost,
removed, or materially injured.
(2) In an action by a secured lender for the foreclosure of a deed of trust
or mortgage and sale of property upon which there is a lien under a deed of trust or mortgage, where it appears
that the property is in danger of being lost, removed, or materially injured, or
that the condition of the deed of trust or mortgage has not been performed, and that the property is probably
insufficient to discharge the deed of trust or mortgage debt.
(3) After judgment, to carry the judgment into effect.
(4)
After judgment, to dispose of the property according to the judgment, or
to preserve it during the pendency of an appeal, or pursuant to the Enforcement of Judgments Law (Title 9
(commencing with Section 680.010)), or after sale of real property pursuant to a decree of foreclosure, during the redemption period, to collect, expend, and disburse rents as directed
by the court or otherwise provided by law.
(5) Where a corporation has been dissolved, as provided in
Section 565.
(6) Where a corporation is insolvent, or in imminent danger of insolvency,
or has forfeited its corporate rights.
(7) In an action of unlawful detainer.
(8) At the request of the Public Utilities Commission pursuant
to Section 855 or 5259.5 of the Public Utilities
Code.
(9) In all other cases where necessary to preserve the property or rights of any
party.
(10) At the request of the Office of Statewide Health Planning
and Development, or the Attorney General, pursuant to Section 129173 of the Health and Safety
Code.
(11) In an action by a secured lender for specific performance
of an assignment of rents provision in a deed of trust, mortgage, or separate
assignment document. The appointment may be continued after entry of a judgment for specific performance if
appropriate to protect, operate, or maintain real property encumbered by a deed of trust or mortgage or to collect
rents therefrom while a pending nonjudicial foreclosure under power of sale in a deed of trust or mortgage is being
completed.
(12) In a case brought by an assignee under an assignment of leases, rents,
issues, or profits pursuant to subdivision (g) of Section 2938 of the Civil Code.
(c) A receiver may be appointed, in the manner provided in this chapter,
including, but not limited to, Section 566, by the superior court in an action brought by a secured lender to
enforce the rights provided in Section 2929.5 of the Civil Code, to enable the
secured lender to enter and inspect the real property security for the
purpose of determining the existence, location, nature, and magnitude of any past or present release or threatened
release of any hazardous substance into, onto, beneath, or from the real property security. The secured lender
shall not abuse the right of entry and inspection or use it to harass the borrower or tenant of
the property. Except in case of an emergency, when the borrower
or tenant of the property has abandoned the premises, or if it is impracticable to
do so, the secured lender shall give the borrower or tenant of the property reasonable notice of the secured
lender's intent to enter and shall enter only during the borrower's or tenant' s
normal business hours. Twenty-four hours' notice shall be presumed to be reasonable notice in the absence of
evidence to the contrary.
(d) Any action by a secured lender to appoint a receiver pursuant to this
section shall not constitute an action within the meaning of subdivision (a) of Section 726.
(e) For purposes of this section:
(1) "Borrower" means the trustor under a deed of trust, or a mortgagor
under a mortgage, where the deed of trust or mortgage encumbers real property security and secures the performance
of the trustor or mortgagor under a loan, extension of credit, guaranty, or other obligation. The term includes any
successor in interest of the trustor or mortgagor to the real property security before the deed of trust or
mortgage has been discharged, reconveyed, or foreclosed upon.
(2) "Hazardous substance" means any of the following:
(A) Any "hazardous substance" as defined in subdivision (h) of Section
25281 of the Health and Safety Code.
(B) Any "waste" as defined in subdivision (d) of Section 13050 of the Water
Code.
(C) Petroleum including crude oil or any fraction thereof, natural gas,
natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof.
(3) "Real property security" means any real property
and improvements, other than a separate interest and any related
interest in the common area of a residential common interest development,
as the terms "separate interest," "common area," and "common
interest development" are defined in Section 1351 of
the Civil Code, or
real property consisting of one acre or less that contains 1 to
15 dwelling units.
(4) "Release" means any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing into the environment, including
continuing migration, of hazardous substances into, onto, or through
soil, surface water, or groundwater.
(5) "Secured lender" means the beneficiary under a deed of
trust against the real property security, or the mortgagee under a
mortgage against the real property security, and any successor in interest
of the beneficiary or mortgagee to the deed of trust or
mortgage.
565.Upon the
dissolution of any corporation, the Superior Court of the county in which the corporation carries on its business or
has its principal place of business, on application of any creditor
of the corporation, or of any stockholder or member thereof, may
appoint one or more persons to be receivers or trustees of the
corporation, to take charge of the estate and effects thereof, and to collect
the debts and property due and belonging to the corporation, and to
pay the outstanding debts thereof, and to divide the moneys and
other
property that shall remain over among the stockholders or
members.
566.(a) No party, or
attorney of a party, or person interested in an action, or related to any judge of the court by consanguinity
or affinity within the third degree, can be appointed receiver
therein without the written consent of the parties, filed with the
clerk.
(b) If a receiver is appointed upon an ex parte application,
the court, before making the order, must require from the applicant
an undertaking in an amount to be fixed by the court, to the effect
that the applicant will pay to the defendant all damages the
defendant may sustain by reason of the appointment of the receiver and
the entry by the receiver upon the duties, in case the applicant
shall have procured the appointment wrongfully, maliciously, or
without
sufficient cause.
567. Before entering upon the duties of a receiver:
(a) The receiver must be sworn to perform the duties
faithfully.
(b) The receiver shall give an undertaking to the State
of California, in such sum as the court or judge may direct, to
the effect that the receiver will faithfully discharge the duties
of receiver in the action and obey the orders of the court therein.
The receiver shall be allowed the cost of the
undertaking.
568.The receiver
has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take
and keep possession of the property, to receive rents, collect debts,
to compound for and compromise the same, to make transfers,
and generally to do such acts respecting the property as the Court
may authorize.
568.1.Any securities
in the hands of a receiver may, under the control of the court, be deposited by the receiver in a
securities depository, as defined in Section 30004 of the Financial Code,
which is licensed under Section 30200 of the Financial Code or
exempted from licensing thereunder by Section 30005 or 30006 of the
Financial Code, and such securities may be held by such securities
depository in the manner authorized by Section 775 of the Financial
Code.
568.2.(a) A receiver
of real property containing rental housing shall notify the court of the existence of any order or notice
to correct any substandard or unsafe condition, as defined in
Section 17920.3 or 17920.10 of the Health and Safety Code, with which
the receiver cannot comply within the time provided by the order
or notice.
(b) The notice shall be filed within 30 days after the
receiver's appointment or, if the substandard condition occurs
subsequently, within 15 days of its occurrence.
(c) The notice shall inform the court of all of the
following:
(1) The substandard conditions that exist.
(2) The threat or danger that the substandard conditions pose
to any occupant of the property or the public.
(3) The approximate cost and time involved in abating
the conditions. If more time is needed to approximate the cost, then
the notice shall provide the date on which the approximate cost will
be filed with the court and that date shall be within 10 days of
the filing.
(4) Whether the receivership estate is likely to
contain sufficient funds to abate the conditions.
(d) If the receivership estate does not contain sufficient
funds to abate the conditions, the receiver shall request
further instructions or orders from the court.
(e) The court, upon receipt of a notice pursuant to
subdivision (d), shall consider appropriate orders or instructions to enable
the receiver to correct the substandard conditions or to terminate
or limit the period of receivership.
568.3. Any
tenant of real property that is subject to receivership, a tenant association or organization, or any federal, state,
or local enforcement agency, may file a motion in a receivership
action for the purpose of seeking further instructions or orders from
the court, if either of the following is true:
(a) Substandard conditions exist, as defined by Section 17920.3
or 17920.10 of the Health and Safety Code.
(b) A dispute or controversy exists concerning the powers
or duties of the receiver affecting a tenant or the
public.
568.5.A receiver
may, pursuant to an order of the court, sell real or personal property in the receiver's possession upon the
notice and in the manner prescribed by Article 6 (commencing with
Section 701.510) of Chapter 3 of Division 2 of Title 9. The sale is not
final until confirmed by the court.
569.Funds in the
hands of a receiver may be deposited in one or more interest bearing accounts in the name and for the benefit of
the receivership estate with one or more financial
institutions, provided that all of the following conditions are
satisfied:
(a) The deposits are fully guaranteed or insured under
federal law.
(b) The financial institution in which the funds are deposited
is not a party to the action in which the receiver was
appointed.
(c) The receiver does not own 1 percent or more in value of
the outstanding stock of the financial institution, is not an
officer, director, or employee of the financial institution, and is not
a sibling, whether by the whole or half-blood, spouse, aunt,
uncle, nephew, niece, ancestor, or lineal descendant of an owner,
officer, employee, or director.
570. A receiver having any funds in his hands belonging to a
person whose whereabouts are unknown to him, shall, before receiving his discharge as such receiver, publish a notice, in one or
more newspapers published in the county, at least once a week for
four consecutive weeks, setting forth the name of the owner of
any unclaimed funds, the last known place of residence or post
office address of such owner and the amount of such unclaimed funds.
Any funds remaining in his hands unclaimed for 30 days after the date
of the last publication of such notice, shall be reported to the
court, and upon order of the court, all such funds must be paid into
the State Treasury accompanied with a copy of the order, which must
set forth the facts required in the notice herein provided. Such
funds shall be deemed to have been received by the State under Chapter
7 (commencing with Section 1500) of Title 10 of Part 3 of this code
and may be recovered in the manner prescribed
therein.
All costs and expenses connected with such advertising shall
be paid out of the funds the whereabouts of whose owners are
unknown.

J & N Realty, Inc. -- real estate, property, planned unit development (PUD), townhouse, townhome, hoa, condo,
condominium, homeowner association, common interest development (CID)management in Los
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Los
Angeles, Downtown Los Angeles, Van Nuys, North Hollywood, Woodland Hills, Canoga Park, Reseda, San Fernando
Valley, Northridge, Chatsworth, North Hills, West Hills, Hollywood, Burbank, Glendale, Pasadena, West Hollywood,
West Los Angeles, Beverly Hills, Santa Monica, Venice, Sylmar, San Fernando, Lake View Terrace, Simi Valley, Porter
Ranch, Granada Hills, Mission Hills, Knollwood, Pacoima, Panorama City, Arleta, Sun Valley, Sunland, Tujunga, La
Crescenta, Altadena, La Canada Flintridge, Warner Center, Winnetka, Valley Glen, Verdugo City, Montrose, Sierra
Madre, Arcadia, Monrovia, Westlake Village, Thousand Oaks, Agoura Hills, Calabasas, Tarzana, Encino, Sherman Oaks,
Valley Village, Studio City, Toluca Lake, Universal City, West Toluca Lake, Eagle Rock, San Marino, Beverly Glen,
Los Feliz, Silver Lake, Atwater Village, Echo Park, Glassell Park, Cypress Park, Highland Park, Alhambra, San
Marino, San Gabriel, Pacific Palisades, Brentwood, Sawtelle, Culver City, Jefferson Park, Westlake, East Los
Angeles, Monterey Park, Mar Vista, Canyon Country, Santa Clarita, Westwood, Marina Del Rey, Inglewood, Valencia,
Newhall, Castaic, Saugus, Moorpark, Lake Balboa




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