What is the legal test to appoint a receiver in a personal injury case?
California, United States of America
The following excerpt is from Brown v. Memorial Nat. Home Foundation, 158 Cal.App.2d 448, 322 P.2d 600 (Cal. App. 1958):
Evidence to justify the appointment of a receiver may be presented in the form of allegations in a complaint or other pleading, by affidavit or by testimony. Armbrust v. Armbrust, 75 Cal.App.2d 272, 171 P.2d 75. An appellate court, in passing on an order appointing a receiver, must view the cause as it appeared to the lower court when [158 Cal.App.2d 457] making the order. California Delta Farms v. Chinese American Farms, 204 Cal. 524, 269 P. 443. As was said in Whitley v. Bradley, supra, 13 Cal.App. 720, 725, 110 P. 596, 598. 'The determination of the question here (appointment of a receiver) must therefore of necessity rest upon the proposition whether the evidence upon which the order appealed from was made affirmatively discloses an abuse of discretion.'
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