Receiver — California Receivership Services

A court-appointed receiver is a neutral officer of the court who is appointed to manage, preserve, or sell property during pending litigation. Under California Code of Civil Procedure § 564, a court may appoint a receiver in a wide range of circumstances. Amy Harrington serves as a court-appointed receiver in real estate disputes, business conflicts, and other matters requiring a neutral fiduciary throughout the San Francisco Bay Area and California.

What Is a Receiver in California?

A receiver is a special fiduciary who, once appointed by the court, becomes an officer and representative of the court. Unlike a partition referee whose role is limited to partition actions, a receiver can be appointed in many types of civil disputes where property or assets need to be managed or protected while litigation is pending.

As the California Court of Appeal stated in Security Pacific National Bank v. Geernaert (1988) 199 Cal.App.3d 1425, 1431, receivers “are not agents for any party involved in the lawsuit but are instead fiduciaries who, as officers and representatives of the court, act for the benefit of all persons interested in the property.” This is to say they are held to an exceptionally high standard of neutrality and care.

In simple terms, a receiver operates in a similar capacity to an executor in probate court or a trustee in bankruptcy court — managing assets for the benefit of all interested parties under the supervision of the appointing court.

When Can a California Court Appoint a Receiver? (CCP § 564)

Under CCP § 564, a California court may appoint a receiver in numerous situations, including:

• When property or a fund is in danger of being lost, materially injured, or destroyed
• In a foreclosure action when the property is in danger of waste or the loan is in default
• After a judgment, to carry its provisions into effect or to dispose of property according to the judgment
• When a corporation is insolvent or in imminent danger of insolvency
• In dissolution of a partnership or joint venture, when the business assets need to be managed or liquidated
• When real property is subject to a deed of trust or mortgage and is in danger of being materially injured or destroyed
• In family law matters involving business interests or real estate
• Whenever necessary to preserve property during litigation and to protect all parties’ interests

Receiver vs. Partition Referee: Key Differences

While receivers and partition referees are often confused, there are important distinctions:

• Scope: A partition referee is appointed solely to divide or sell co-owned property in a partition action (CCP § 873.010). A receiver can be appointed in many different types of disputes — foreclosure, business dissolution, family law, judgment enforcement, and more.
• Authority: A receiver’s authority is defined by CCP § 564 and by the court’s appointment order. A partition referee’s authority is defined by the Partition of Real Property Act (CCP §§ 872.010–874.323).
• Status: Both are officers of the court and neutral fiduciaries. Both owe duties to all parties, not to any individual litigant.
• Scope of Assets: A receiver can be appointed over businesses, financial accounts, and other personal property, not just real estate. Partition referees typically deal with real property.

Types of Receiverships in California

Harrington Law P.C. handles several types of receivership appointments:

• Real Estate Receiverships: Appointed to manage, maintain, and ultimately sell or preserve real property during foreclosure, partition, or other property disputes. The receiver collects rents, pays expenses, and reports to the court.
• Rents and Profits Receiverships: In lender-borrower disputes where a mortgage or deed of trust is in default, a receiver collects rents from income-producing property to protect the lender’s collateral.
• Business Receiverships: Appointed to manage or wind down a business during partnership disputes, business dissolution, or insolvency proceedings.
• Enforcement Receiverships: Appointed after a money judgment to locate and liquidate a judgment debtor’s assets to satisfy the judgment.

Duties and Powers of a Court-Appointed Receiver

The receiver’s duties and powers are set by the court’s appointment order and by CCP § 564 et seq. They typically include:

• Taking possession and control of the subject property or assets
• Managing, operating, and maintaining the property
• Collecting rents, revenues, and other income
• Paying operating expenses, taxes, insurance, and debt service
• Hiring and supervising property managers, contractors, and brokers
• Executing leases and contracts with court approval
• Marketing and selling the property pursuant to court order
• Filing regular reports and accountings with the court
• Distributing proceeds to creditors and parties in accordance with court orders

All significant actions by a receiver require court authorization. The receiver files regular status reports and accountings with the court, ensuring full transparency and judicial oversight of the administration.

Amy Harrington: Court-Appointed Receiver, San Francisco Bay Area & Northern California

Amy Harrington has served as a court-appointed receiver in California courts since 2010. She is frequently appointed by California Superior Courts in real estate and property disputes requiring a neutral fiduciary. Her background as a trusts and estates attorney provides a deep foundation in fiduciary law, accounting, and real property — all critical skills for an effective receiver.

As an attorney-receiver, Amy can handle required legal filings, motions, and court appearances as part of her receiver role without the need to retain outside counsel, which reduces the overall cost of the receivership to all parties.

Amy accepts receivership appointments in any California Superior Court. She has been appointed in courts throughout Northern California and the Bay Area — including San Francisco, Alameda, Contra Costa, Marin, Sonoma, Napa, Santa Clara, San Mateo, Sacramento, and Stanislaus counties — and is available statewide by Zoom remote appearance where permitted. Every California court is within her practice area.

Her receivership credentials include:

• Appointed as fiduciary in over 100 cases since 2020
• Rated by Super Lawyers for multiple consecutive years
• Ranked in Chambers and Partners USA Spotlight — Trusts and Estates
• Licensed California attorney since 2005 with deep expertise in real property and fiduciary law
• Active member of the California State Bar, San Francisco Bar Association, and Sonoma County Bar Association

Frequently Asked Questions — Court Receiver California

Q: What does a court-appointed receiver do in California?
A receiver is a neutral court officer who manages, preserves, or sells property during pending litigation. Appointed under CCP § 564, the receiver acts for the benefit of all interested parties — not any single litigant — and reports directly to the court. Common duties include collecting rents, paying expenses, managing property, and ultimately selling or distributing assets as ordered by the court.

Q: When can a court appoint a receiver in California?
Under CCP § 564, California courts can appoint a receiver in many situations: when property is in danger of loss or damage, in foreclosure actions, after a money judgment, in business dissolution or insolvency proceedings, and whenever necessary to preserve property during litigation. The appointment is at the court’s discretion based on the circumstances of the case.

Q: What is the difference between a receiver and a partition referee?
A partition referee is appointed only in partition actions involving co-owned property under CCP § 873.010. A receiver under CCP § 564 can be appointed in many types of disputes — foreclosure, business dissolution, judgment enforcement, and more. Both are neutral fiduciaries and officers of the court, but a receiver has broader authority and a wider range of applicable situations.

Q: How is a receiver appointed in California?
A party seeking a receiver files a noticed motion (or, in emergency situations, an ex parte application) with the Superior Court. The court considers whether the statutory grounds under CCP § 564 are met and whether a receiver is necessary to protect the property or assets. If appointed, the court issues an order specifying the receiver’s powers and duties.

Q: How is a receiver compensated in California?
Receiver compensation in California is governed by California Rules of Court, rules 3.1183 and 3.1184, and is subject to court approval. Here is how it works in practice:

Primary source — receivership estate assets: Receiver fees and costs are ordinarily paid from the assets of the receivership estate. The receiver typically works on an hourly basis and periodically serves a notice of intent to pay fees with a detailed invoice on all parties. Any party may object within 10 days (CRC 3.1183(b)). Interim fees remain subject to final review and approval at the conclusion of the receivership — the court retains jurisdiction to award a greater or lesser amount as the fair value of services rendered (CRC 3.1183(a)).

When the estate cannot fund the receiver — appointing party responsibility: This is a critical and often overlooked point: if the receivership estate does not have sufficient cash or income to pay the receiver’s fees and expenses, the party that sought the appointment of the receiver may be required to advance funds to cover those costs. Courts sometimes require an advance deposit from the appointing party as a condition of granting the appointment — particularly in cases where the property generates little or no income, or where the receivership is contested and likely to be expensive.

This means that a party seeking appointment of a receiver should carefully consider whether the receivership estate has sufficient assets to self-fund, and should be prepared to fund the receivership personally if it does not. This is not a reason to avoid seeking a receiver when one is needed — but it is an important practical reality to understand before filing the motion.

Final approval: At the conclusion of the receivership, the receiver files a final account and report under CRC 3.1184, which includes a detailed statement of all services performed. The court reviews and approves the final fees, and any party with a substantial, unsatisfied claim must be given notice and an opportunity to be heard.

Q: Is a receiver required to take an oath or post a bond in California?
A: Yes. Under CCP § 567, before exercising any powers, a receiver must take an oath to faithfully perform their duties. The court may also require the receiver to post a bond. The cost of the bond is paid from the receivership estate. The appointing party is responsible for the receiver’s initial fees and costs under California Rules of Court, rules 3.1183–3.1184, pending court approval of the receiver’s account.

Q: Is Amy Harrington available as a receiver outside San Francisco?
Yes. Amy Harrington is available for appointment as a receiver in courts throughout California, not limited to the San Francisco Bay Area.

Contact Harrington Law — Court Receiver, San Francisco Bay Area & Statewide

If you are involved in litigation requiring a court-appointed receiver, or if you are an attorney seeking to stipulate to Amy Harrington as receiver, please contact Harrington Law P.C. to discuss your case.

San Francisco: One Embarcadero, Suite 1200, San Francisco, CA 94111
Sonoma: 846 Broadway, Sonoma, CA 95476
Phone: 415-558-7700
Email: amy@amyharringtonlaw.com