__[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