__[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
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Legal Forms : Set Two