Choice Hotels International, Inc. v. Dostel Corporation
Filing
44
ORDER denying 34 Motion to Appoint Receiver, signed by Judge Garland E. Burrell, Jr., on 3/20/15. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHOICE HOTELS INTERNATIONAL
INC.,
Plaintiff,
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v.
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DOSTEL CORPORATION; PIYUSH
DOSHI; NILAKSHI PATEL; PANKAJ
PATEL; and VARSHA DOSHI,
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ORDER DENYING PLAINTIFF/JUDGMENT
CREDITOR’S MOTION FOR
APPOINTMENT OF A RECEIVER*
Defendants.
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No. 2:11-MC-0045-GEB-AC
Plaintiff/Judgment
International,
Inc.
Creditor
(“Plaintiff”)
moves
Choice
for
Hotels
appointment
of
a
receiver “to take possession of, manage, and, upon further court
order, sell the real property, and improvements thereon, located
in the County of Sacramento, State of California, and situated at
4400 47th Avenue, Sacramento, California 95824 APN 039-0052-048”
(“the Real Property”). (Notice of Mot. 1:27-2:3, ECF No. 34.)
Plaintiff
indicates
that
the
referenced
receiver
would
be
compensated “for services rendered in the sum of 5% of the total
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*
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The hearing on March 30, 2015 is vacated since this matter is suitable
for decision without oral argument under E.D. Cal. R. 230(g).
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sale price of the Real Property,” that the receiver’s undertaking
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should be “fix[ed] . . . at $2,500.00” and that receiver would
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have the power inter alia to “commence eviction proceedings of
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any occupant[] of the Real Property.” (Notice of Mot. 4:1-2;
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2:22; 2:24-25.) Plaintiff’s request appears to presume, without
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factual support, that to satisfy the judgment tenants should be
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evicted and the Real Property sold.
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California
Code
of
Civil
Procedure
section
708.620
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prescribes: “The Court may appoint a receiver to enforce the
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judgment where the judgment creditor shows that, considering the
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interests of both the judgment creditor and the judgment debtor,
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the appointment of a receiver is a reasonable method to obtain
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the fair and orderly satisfaction of the judgment.” Plaintiff has
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not shown that a receiver should be appointed with more authority
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than
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tenants on the Real Property; this appointment appears sufficient
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to resolve the contempt citation, provided that the method of
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compensating a receiver is explained.
is
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necessary
to
demand,
collect
and
Therefore, the motion is DENIED.
Dated:
March 20, 2015
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