__[Attorney name]__ __[Address]__ __[Telephone number]__ Attorney for __[e.g., Plaintiff]__, _[name]__ _ _ _ _ _ _ Court, County of _ _ _ _ _ _ __[_ _ _ _ _ _ District]__ _ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _ Plaintiff(s)) vs. )APPLICATION FOR EX PARTE ORDER )APPOINTING RECEIVER AND FOR _ _ _ _ _ _ _ _ _ _ _ _ _ ) ORDER TO SHOW CAUSE RE Defendant(s))CONFIRMATION OF APPOINTMENT _________________________ ) __[Name of, e.g., plaintiff]__ declares: 1. I am the __[e.g., plaintiff]__ in this action. 2. On __[date]__, this action was brought to __[specify nature of action as described in CCP 564]__. 3. The property that is the subject matter of this action is __[describe]__ and is in the actual possession of __[e.g., defendant]__, __[name]__, whose address and telephone number are __[specify]__. 4. I am __[state, e.g., plaintiff's interest in property, e.g., the owner]__ of the property. 5. Contrary to my demands for __[describe demands for change in, e.g., defendant's conduct]__, __[e.g., defendant]__ has __[describe actions taken with respect to property]__. 6. A receiver must be appointed now because __[state facts showing why, e.g., plaintiff would suffer irreparable injury by delay if matter proceeds on noticed motion]__. [Add if property is part of plant, equipment, or stock and trade of business] 7. __[State nature and approximate size or extent of business and facts sufficient to show that appointment of receiver would not stop or seriously interfere with operation of business]__. [Add if any matters in 3-7 are unknown] [8.] __[Describe unknown fact]__ is unknown to me. I have exercised due diligence in attempting to acquire this information by __[describe efforts]__. [Continue] [9.] Based on this declaration, I request that the Court: a. Appoint __[name]__ as receiver to take possession of the property described in paragraph 3; __[and]__[Add if appropriate] b. Authorize the receiver to __[specify additional instructions]__ in addition to the powers conferred by law; and [Continue] c. Cite __[e.g., defendant]__ to appear in this Court to show cause why the order appointing __[name of receiver]__ should not be confirmed. [10.] If the Court does not appoint a receiver ex parte, I request that the Court: a. Order __[e.g., defendant]__ to show cause, at a time and place designated by the Court, why __[name of receiver]__ should not then be appointed receiver; b. Issue a temporary restraining order restraining __[e.g., defendant]__ from __[describe conduct, e.g., transferring or encumbering the property or disposing of rents]__ pending the hearing on an order to show cause; and c. Order __[e.g., defendant]__ to show cause, at a time and place designated by the Court, why __[he/she/it ]__ should not be enjoined, pending trial in this action, from __[list acts to be enjoined]__. [11.] __[Continue declarant's statements]__. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: _ _ _ _ _ _ [Signature] _______________________ __[Typed name]__ __[Title if relevant]__ Date: _ _ _ _ _ _ [Signature] _______________________ __[Typed name]__ __[Title if relevant]__
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Legal Forms : Set Two