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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 CHOICE HOTELS INTERNATIONAL INC., Plaintiff, 13 v. 14 15 16 DOSTEL CORPORATION; PIYUSH DOSHI; NILAKSHI PATEL; PANKAJ PATEL; and VARSHA DOSHI, 18 20 21 22 23 24 25 26 ORDER DENYING PLAINTIFF/JUDGMENT CREDITOR’S MOTION FOR APPOINTMENT OF A RECEIVER* Defendants. 17 19 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 27 * 28 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). 1 1 sale price of the Real Property,” that the receiver’s undertaking 2 should be “fix[ed] . . . at $2,500.00” and that receiver would 3 have the power inter alia to “commence eviction proceedings of 4 any occupant[] of the Real Property.” (Notice of Mot. 4:1-2; 5 2:22; 2:24-25.) Plaintiff’s request appears to presume, without 6 factual support, that to satisfy the judgment tenants should be 7 evicted and the Real Property sold. 8 California Code of Civil Procedure section 708.620 9 prescribes: “The Court may appoint a receiver to enforce the 10 judgment where the judgment creditor shows that, considering the 11 interests of both the judgment creditor and the judgment debtor, 12 the appointment of a receiver is a reasonable method to obtain 13 the fair and orderly satisfaction of the judgment.” Plaintiff has 14 not shown that a receiver should be appointed with more authority 15 than 16 tenants on the Real Property; this appointment appears sufficient 17 to resolve the contempt citation, provided that the method of 18 compensating a receiver is explained. is 19 20 necessary to demand, collect and Therefore, the motion is DENIED. Dated: March 20, 2015 21 22 23 24 25 26 27 28 2 receive rents from

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