Can a plaintiff sue a receiver in a separate action before the court sitting in equity in the receivership action?

California, United States of America


The following excerpt is from Richard Abramson Architect, Inc. v. Donell, B225276, Los Angeles County Super. Ct. No. SC101111 (Cal. App. 2011):

jury trial, the court may not require plaintiff to try the claim before the court sitting in equity in the receivership action. (Chiesur v. Superior Court (1946) 76 Cal.App.2d 198, 202-203 [172 P.2d 763].)"

The court in Jun v. Myers, supra, 88 Cal.App.4th 117, held that a court may not deny leave to sue a receiver, either in the proceeding in which the receiver is appointed or in an independent action, based on a summary determination that the plaintiff's claim is without merit. That is what the trial court did here. "To prevent a party from filing a separate suit against a receiver as well as from intervening in the receivership action is to deprive him of access to the courts to pursue his claim. Denial of access to the courts implicates due process." (Id. at p. 125.) Plaintiff is seeking a legal remedy compensation for the use of drawings.

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