__[Attorney name]__
__[Address]__
__[Telephone number]__

Attorney for __[e.g., Plaintiff]__, _[name]__


            _ _ _ _ _ _ Court, County of _ _ _ _ _ _
                   __[_ _ _ _ _ _ District]__

_ _ _ _ _ _ _ _ _ _ _ _ _  )   No. _ _ _ _ _ _
                               Plaintiff(s))
vs.                                                        )__[ORDER APPOINTING RECEIVER
                                                                          )AND ORDER TO SHOW CAUSE WHY EX
_ _ _ _ _ _ _ _ _ _ _ _ _  )   PARTE APPOINTMENT SHOULD NOT
                               Defendant(s))BE CONFIRMED/TEMPORARY
_________________________  )   RESTRAINING ORDER]__

                                                                                                         Hearing: __[date; time]__
                                                                                                         Department: _ _ _ _ _ _
                                                                                                         Trial Date: __[if set]__

          [Option 1: If receiver is appointed ex parte]
     After considering the verified complaint, declarations, and
other evidence submitted, the Court finds that __[name of
receiver]__ is qualified to act as receiver, and irreparable
injury would be suffered by __[e.g., plaintiff]__, __[name]__,
during the time necessary for hearing on notice for the
appointment of a receiver.
     IT IS ORDERED that:
     1.   __[Name of receiver]__ be appointed as receiver.
     2.   __[E.g., Plaintiff]__ give an undertaking in the amount
of $_ _ _ _ _ _.
     3.   __[Name of receiver]__ take an oath to perform
__[his/her]__ duties faithfully and give an undertaking to the
State of California for __[his/her]__ faithful performance
subject to the orders of this Court in the amount of $_ _ _ _ _
_, the oath to be taken and the undertakings to be filed and
approved by this Court before this order becomes effective.
     4.   __[Name of receiver]__ be authorized and directed to
take possession of, to operate and manage __[describe
property]__, and to __[describe any additional duties to be
performed pending hearing on the order to show cause re
confirmation]__.
     5.   __[E.g., Defendant]__, __[name]__, on receipt of a copy
of this order and copies of the complaint, affidavits, and other
supporting papers, deliver possession of the property to the
receiver no later than __[date]__.
     6.   __[E.g., Defendant]__ appear before this Court on
__[date]__, at __[time]__, in Department _ _, to show cause why
the appointment of this receiver should not be confirmed.
     7.   __[State any additional orders]__.
   [Option 2: If receiver is not appointed ex parte but court
       is persuaded to issue temporary restraining order]
     It appearing to the Court that all parties can be protected
pending hearing by the issuance of appropriate restraining
orders,
     IT IS ORDERED that:
     1.   __[E.g., Defendant]__ be enjoined from transferring or
encumbering the __[describe property]__ and from permitting any
harm to come to the property.
     2.   __[State additional restraints]__.
     3.   __[E.g., Defendant]__ appear before this Court on
__[date]__, at __[time]__, in Department _ _, to show cause why
__[name of proposed receiver]__ should not be appointed as
receiver or why a preliminary injunction should not issue in the
following terms: __[Set out proposed injunction]__.
     4.   __[State any additional orders]__.
                           [Continue]
Date: _ _ _ _ _ _                        _____________________
                                                                                                                                                                                    Judge
      


Return to Table of Contents for

Legal Forms : Set Two