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Department C16 Law & Motion Calendar
Date: JULY 24, 2008
The Court will hear oral argument on all matters at the time noticed for the hearing. If you would prefer to submit the matter on your papers without oral argument, please advise the clerk by calling (714) 834-4694. If no appearance is made by either party, the tentative ruling will be the final ruling. Rulings are posted on the Internet (usually) not later than 11:00 a.m. on the day of the hearing. Court Call appearances are permitted. Court Call must be contacted to appear by phone. Call 1-888-88Court for more details. The court will not entertain a request for continuance nor filing of further papers once the ruling has been posted.
Visit http://www.occourts.org/rulings/monroe.asp
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2008-108566 AIC INVESTMENT VS SPRING LAKE ANAHEIM |
PLAINTIFF SEEKS APPOINTMENT OF A RECEIVER OVER A PROPERTY.
THERE IS NO POINTS AND AUTHORITY OR AFFIDAVITS IN THE FILE IN AUPPORT OF THE NOTICE OF OSC RE APPOINTMENT OF A RECEIVER. A PROOF OF SERVICE WAS FILED ON 07/16/08.
BASED ON THE FACTS IN THE COMPLAINT PLAINTIFF APPEARS ENTITLED TO HAVE A RECEIVER APPOINTED TO ENFORCE AN ASSIGNMENT OF RENTS FROM THE DEVELOPMENT. THERE WAS NO OPPOSITION.
PER CRC 1176(c) THE DEFENDANTS ARE ENTITLED ONE CONTINUANCE TO ENABLE THEM TO OPPOSE THE CONFIRMATION.
THE UNOPPOSED OSC RE APPOINTMENT OF A RECEIVER IS GRANTED. THE COURT NOTES THAT IT DID NOT HAVE IN THE COURT FILE THE MEMORANDUM OF AUTHORITIES OR THE AFFIDAVITS ALLEGEDLY SERVED ON THE DEFENDANT. THE COURT’S DECISION RELIED SOLELY ON THE NOTICE OF HEARING FILED 07/09/08 AND THE VERIFIED COMPLAINT.
MOVING PARTY TO GIVE NOTICE. |