Clovis California Ex Parte Order Appointing Receiver and Order to Show Cause and Temporary Restraining Order - Rents, Issues, and Profits - Receivership

State:
California
City:
Clovis
Control #:
CA-RC-200
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Ex Parte Order Appointing Receiver and Order to Show Cause and Temporary Restraining Order-Rents, Issues, and Profits-Receivership: The Order to Show Cause demands that the party listed must appear at a hearing to discuss whether or not a receiver should take over his/her property. The Order Appointing a Receiver is filed after the court decides the receiver is needed under the circumstances of this case. Lastly, the Temporary Restraining Order demands that the current occupier of the property cease from any activity which could diminish the value of the land and/or property.


Clovis, California Ex Parte Order Appointing Receiver and Order to Show Cause and Temporary Restraining Order — Rents, Issues, and Profit— - Receivership is a legal process commonly used in real estate matters to appoint a receiver and impose temporary restrictions on a property's rents, issues, and profits. This order is typically granted when there is a dispute or concern regarding the management, condition, or ownership of a property. A Clovis, California Ex Parte Order Appointing Receiver and Order to Show Cause and Temporary Restraining Order — Rents, Issues, and Profit— - Receivership can be employed in various scenarios, some of which include: 1. Foreclosure Proceedings: In cases where a property is facing foreclosure, the lender or interested parties may seek the appointment of a receiver to manage the property's rental income and resolve any issues that may arise during the foreclosure process. 2. Dispute Resolution: When there is a dispute among co-owners or stakeholders regarding the management and profits of a property, seeking an ex parte order appointing a receiver can help maintain stability and ensure fair distribution of rents and profits. 3. Neglected or Distressed Properties: If a property is in poor condition or facing neglect, a receiver can be appointed to take control, make necessary repairs, and ensure the property operates smoothly while its ownership or management issues are resolved. 4. Strategic Management: Sometimes, receivership is employed in cases where the appointment of a neutral third-party receiver can provide strategic expertise or assistance in maximizing the property's value or resolving complex issues. The Order to Show Cause component of the Ex Parte Order requires the involved parties to appear before the court and present evidence or arguments to justify the continuation or termination of the temporary restraining order and receivership appointment. This allows the court to assess the ongoing necessity of the receivership and make informed decisions. Overall, Clovis, California Ex Parte Order Appointing Receiver and Order to Show Cause and Temporary Restraining Order — Rents, Issues, and Profit— - Receivership processes provide a legal framework for protecting the interests of all parties involved in contentious real estate matters.

Clovis, California Ex Parte Order Appointing Receiver and Order to Show Cause and Temporary Restraining Order — Rents, Issues, and Profit— - Receivership is a legal process commonly used in real estate matters to appoint a receiver and impose temporary restrictions on a property's rents, issues, and profits. This order is typically granted when there is a dispute or concern regarding the management, condition, or ownership of a property. A Clovis, California Ex Parte Order Appointing Receiver and Order to Show Cause and Temporary Restraining Order — Rents, Issues, and Profit— - Receivership can be employed in various scenarios, some of which include: 1. Foreclosure Proceedings: In cases where a property is facing foreclosure, the lender or interested parties may seek the appointment of a receiver to manage the property's rental income and resolve any issues that may arise during the foreclosure process. 2. Dispute Resolution: When there is a dispute among co-owners or stakeholders regarding the management and profits of a property, seeking an ex parte order appointing a receiver can help maintain stability and ensure fair distribution of rents and profits. 3. Neglected or Distressed Properties: If a property is in poor condition or facing neglect, a receiver can be appointed to take control, make necessary repairs, and ensure the property operates smoothly while its ownership or management issues are resolved. 4. Strategic Management: Sometimes, receivership is employed in cases where the appointment of a neutral third-party receiver can provide strategic expertise or assistance in maximizing the property's value or resolving complex issues. The Order to Show Cause component of the Ex Parte Order requires the involved parties to appear before the court and present evidence or arguments to justify the continuation or termination of the temporary restraining order and receivership appointment. This allows the court to assess the ongoing necessity of the receivership and make informed decisions. Overall, Clovis, California Ex Parte Order Appointing Receiver and Order to Show Cause and Temporary Restraining Order — Rents, Issues, and Profit— - Receivership processes provide a legal framework for protecting the interests of all parties involved in contentious real estate matters.

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Getting Your Ex Parte Matter in Front of a Judge First, file the original documents with the court clerk. They will give you a date and time for the hearing. Next, you will need to serve the filed copies on the opposing party or their attorney.

An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum). There is no form for most ex parte applications. However, it must be typed on pleading paper. Department 53 schedules ex parte hearings in the mornings, starting at am.

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

When a decree has been passed against the Defendant as Ex-Parte appeal lies. In cases headed by two or more judges, the majority decision shall prevail. In case there is no majority, then the decree of lower court shall be confirmed.

An 'Ex parte decree' is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant.

In emergency situations, an ex parte motion provides an exception to the rules of due process by allowing you to petition the court without having to notify or serve the other parties involved in your case. If the judge grants the ex parte order, the order is only temporary.

EX PARTE APPLICATIONS WHICH INVOLVE DOMESTIC VIOLENCE Notice must be given by t elephone or in writing to the self-represented party or to the op posing attorney so that it is received not later than four (4) hours before the time the ex parte matter will be presented to the judicial officer.

Specifically, California's Rules of Court allow ex parte or emergency application for orders to prevent domestic violence; for orders to prevent immediate loss or damage to property subject to disposition in the case; or to make orders about procedural matters such as the hearing date.

Opposing an Ex Parte Motion However, respondents have two choices: they can either attend the court appearance in person themselves or file a written response to the motion. The respondent of the ex parte motion has the right to appear in person at the court hearing, even without an attorney.

Can an Ex Parte Order Be Overturned? You can get an ex parte order overturned. If the judge in your case issues a temporary order, you'll receive notice of another hearing ? the one in which the judge will decide whether to let the order expire or to make it permanent.

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March 2012 court order appointing Mr. Clifford E. Bressler20 of Clovis, California, as receiver.

On December 31, 2011, Mr. Bresler notified the Trust that he planned to terminate the Services Agreement on or about January 13, 2012. The parties agreed, pursuant to the terms of the Settlement Agreement, that the Trust would receive a full accounting of its assets, liabilities and related costs and expenses relating to the Trust immediately at the closing of the acquisition of the Trust's assets in connection with which Mr. Bresler became the Receiver of the Trust.21 On December 31, 2011, as a consequence of the termination of the Services Agreement and the receipt of full accounting of the Trust's assets, the Trust, together with its creditors, unsecured and secured creditors became the subject of a bankruptcy action in California in which the Trust was a party, as well as Trust and/or the assets and liabilities of the Trust's various subsidiaries. The judgment in this bankruptcy action was declared dissolved by the Court on March 3, 2012. On November 15, 2012, Mr.

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Clovis California Ex Parte Order Appointing Receiver and Order to Show Cause and Temporary Restraining Order - Rents, Issues, and Profits - Receivership