Judge: Armen Tamzarian, Case: 22STCV19089, Date: 2022-12-09 Tentative Ruling

Case Number: 22STCV19089    Hearing Date: December 9, 2022    Dept: 52

Plaintiffs’ Ex Parte Application for Appointment of a Receiver or, Alternatively, for an Order Shortening Time

California Rules of Court, rule 3.1202(c) provides, “An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.” 

Plaintiffs HAPI Foundation and Strategic Holdings, LLC fail to show irreparable harm or immediate danger that justifies appointing a receiver on an ex parte basis.  The remedy of appointing a receiver “is an extraordinary and harsh one, to be allowed cautiously and only where less onerous remedies would be inadequate or unavailable.”  (Cohen v. Herbert (1960) 186 Cal.App.2d 488, 495.)  Defendants should be offered a full and fair opportunity to oppose plaintiffs’ application to appoint a receiver.

The application is denied in part and granted in part.  The court hereby sets a hearing on plaintiffs’ motion to appoint a receiver for January 10, 2023, at 9:00 a.m.  This ex parte application shall serve as the moving papers.