Legal Question in Real Estate Law in California

Re: Ex parte order appointing receiver and order to show cause #rc-200

Your question does not make sense to me. What precisely is happening as to any legal proceedings?

Re: Ex parte order appointing receiver and order to show cause #rc-200

Obviously you can not handle this matter any longer. You need professional legal help. Contact me directly. I cannot advise you here as your question evidences the stress you are under.

Re: Ex parte order appointing receiver and order to show cause #rc-200

You question is hard to understand, but I gather that you wish to sue someone to collect a debt. There are many methods to collect a debt, but the first step is filing a lawsuit. It sounds like you need to inform you of your options.

My office is very close to where you live. Feel free to contact me for a complimentary consultation to discuss this matter further.

Re: Ex parte order appointing receiver and order to show cause #rc-200

Form RC-200 is a Judicial Council form for an ex=parte order appointing a receiver. In order to use it, there must be a lawsuit pending before the court, the suit must seek relief of a kind for which the appointment of a receiver would be lawful and useful, and indeed the suit probably should contain a cause of action specifically asking for the appointment of a receiver. However, the suit must assert other causes of action showing a need for a receiver.

One example of such a suit might be a suit where the principal cause of action (claim) was breach of fiduciary duty by a partner of a general partnership, brought by another partner. Fearing that the partnership was being mismanaged and might be run into the ground before the suit went to trial, the plaintiff partner might ask the court to appoint a receiver to take over the control of the partnership's affairs pending trial and judgment.

After the suit was filed, the plaintiff's attorney would fill out the Form RC-200 and bring it to the judge's office or chambers at the time during the week that the judge has scheduled for hearing ex-parte matters. It might be necessary to give 24 hours' prior notice to the other side (the defendant) to give them a chance to appear at the hearing.

At the hearing, the judge would review both the complaint in the case and the Form RC-200, and would approve or deny the request. The defendant would be ordered to "show cause" why the appointment of the receiver should not be confirmed, i.e. kept in effect so long as necessary.

So, one does not just "file" a Form RC-200. Rather, one presents it to a judge, in a proper forum (an ex parte hearing), and the judge then decides whether to grant the request for an order. If the judge is agreeable, he or she will sign the RC-200 at the bottom of Page 5.

Technically, you don't need a lawyer to have a receiver appointed, but as a practical matter you'll need one. Obtaining the appointment of a receiver is NOT a job for a legal novice, and I would say there is not one non-lawyer in 10,000 that could successfully prepare an RC-200 and convince a judge to sign it.

As information, appointment of receivers is governed by Rules of Court 3.1175 through 3.1184 and Code of Civil Procedure section 564 et seq.

Your situation might call for appointment of a receiver, but mu hunch is that you are barking up the wrong tree and that some other legal action is more appropriate. See a lawyer!