The provisions of Chapter 5 (commencing with Section 564) and Chapter 5a (commencing with Section 571) of Title 7 govern the appointment, qualifications, powers, rights, and duties of a receiver appointed under this article.
Miscellaneous Creditors’ RemediesReceiver to Enforce Judgment
Section § 708.610
This law explains that the rules about who can be a receiver, what they can do, and how they are chosen are covered by other specific sections of the law starting around Sections 564 and 571. A receiver is someone appointed by the court to manage property or assets, usually during a legal dispute.
receiver appointment receiver qualifications court-appointed receiver
Section § 708.620
This law allows a court to appoint a receiver when someone who won a lawsuit (the judgment creditor) can demonstrate that having a receiver is a fair and logical way to ensure the payment from the person who lost the lawsuit (the judgment debtor). The court takes into account the needs and rights of both parties before making this decision.
The court may appoint a receiver to enforce the judgment where the judgment creditor shows that, considering the interests of both the judgment creditor and the judgment debtor, the appointment of a receiver is a reasonable method to obtain the fair and orderly satisfaction of the judgment.
receiver appointment judgment enforcement judgment creditor
Section § 708.630
If someone owes you money and they have an alcoholic beverage license, you might be able to use that license to help pay off the debt, but only in a specific way described here. A court can appoint a receiver—a kind of manager—to handle the transfer of this license. However, this is only possible if the person who owes the debt can't show that their unpaid taxes and more pressing creditor claims are more than what the license would sell for. This receiver can act like the license owner, but they need to follow all the rules set by the Department of Alcoholic Beverage Control, including filing for a transfer of the license and getting a temporary permit while that's happening.
(a)CA Civil Procedure Code § 708.630(a) The judgment debtor’s interest in an alcoholic beverage license may be applied to the satisfaction of a money judgment only as provided in this section.
(b)CA Civil Procedure Code § 708.630(b) The court may appoint a receiver for the purpose of transferring the judgment debtor’s interest in an alcoholic beverage license that is transferable under Article 5 (commencing with Section 24070) of Chapter 6 of Division 9 of the Business and Professions Code, unless the judgment debtor shows in the proceeding to appoint a receiver that the amount of delinquent taxes described in Section 24049 of the
Business and Professions Code and claims of creditors with priority over the judgment creditor pursuant to Section 24074 of the Business and Professions Code exceed the probable sale price of the license.
(c)CA Civil Procedure Code § 708.630(c) The receiver may exercise the powers of the licensee as necessary and in exercising such powers shall comply with the applicable provisions of Division 9 (commencing with Section 23000) of the Business and Professions Code and applicable regulations of the Department of Alcoholic Beverage Control. An application shall be filed to transfer the license to the receiver and a temporary retail permit shall be obtained during the pendency of the transfer.
judgment debtor alcoholic beverage license money judgment
