Is it an abuse of discretion to force a party to pay receiver's costs?

California, United States of America


The following excerpt is from W & W Properties of Orange County LLC v. Heritage Gardens Properties Inc., G043949, Super. Ct. No. 07CC05906 (Cal. App. 2011):

Of course, there may be circumstances in which it would be an abuse of discretion to force a party to pay directly for the receiver's costs. (See McCarthy v. Poulsen (1985) 173 Cal.App.3d 1212, 1219-1220, fn. 3 [instructing trial court that "it would not appear appropriate to impose [receiver's costs] directly on the litigants because they did not seek a receivership, did not create the situation which gives rise to the

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present legal predicament, and are not parties in the ordinary sense"].) This is not such a case.

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