Can a receiver be appointed to collect the profits of a trust where the trust deed does not provide for the appointment of a receiver?

California, United States of America


The following excerpt is from Barclays Bank of California v. Superior Court, 137 Cal.Rptr. 743, 69 Cal.App.3d 593 (Cal. App. 1977):

In Mines v. Superior Court, supra, 216 Cal. 776, 16 P.2d 732, a trust deed provided, among other things, that upon default the 'trustee' (sic) could "collect, take over and receive all tolls, earnings, income, rents, issues and profits of the trust estate." Upon default thereunder the trustee commenced what the court equated with an action 'to obtain specific performance of certain covenants . . ..' Although the trust deed appears to have had no provision for the appointment of a receiver, such a receiver was appointed to collect the 'rents, issues and profits' of the property. The high court found the appointment valid, stating: 'Specific performance being a proceeding within the cognizance of a court of equity, the court had jurisdiction in such a proceeding to appoint a receiver, under section 564, subdivision 7, of the Code of Civil Procedure.' (216 Cal., pp. 778--779, 16 P.2d p. 733.)

Other Questions


When a receiver is appointed by a different department of the Court of Appeal, does the Court have jurisdiction to appoint a receiver? (California, United States of America)
How have the trustees of a trust been found to have breached their fiduciary duties toward the trust by failing to disclose to the trustee that the trustees have a conflict of interest in the trust? (California, United States of America)
Is a defendant's lack of trust in an appointed attorney sufficient to compel appointment of a substitute counsel? (California, United States of America)
Is a receiver entitled to fees paid by an attorney for services rendered in obtaining the appointment of a receiver? (California, United States of America)
In a constructive trust action, does the constructive trust remedy need to be considered a question upon a question of law? (California, United States of America)
How have Attorney Defendants in the Trust Litigation argued that the Petition for breach of trust and removal was filed and pursued in bad faith? (California, United States of America)
What is the right of action against a party wrongfully procuring the appointment of a receiver? (California, United States of America)
Does a court have a duty to appoint a court-appointed interpreter for an indigent, non-English speaking litigant in a civil small claims proceeding? (California, United States of America)
What are the circumstances surrounding the collection and collection of blood for purposes of medical malpractice? (California, United States of America)
Can a prosecution witness who provides evidence against Page 28 of the California Criminal Code receive preferential treatment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.