__[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]__
Return to Table of Contents for
Legal Forms : Set Two