E.D. Cal. L.R. 232

(a) Definitions. For purposes of this Rule:

(1) "temporary receiver" shall mean a receiver appointed without notice

or on less than the notice provided in L.R. 230 to the party sought to be subjected to the

receivership, and

(2) "receiver" shall mean any receiver appointed after the giving of either

(i) at least the notice of hearing upon the motion for appointment of receiver required by

L.R. 230, or (ii) such lesser notice of hearing on the motion as may be agreed to by the

party sought to be subjected to the receivership and the Court.

(b) Notice: Temporary Receiver. A temporary receiver shall not be appointed

without notice to the party sought to be subjected to receivership except upon an

appropriate showing of necessity and immediacy of potential harm. If a temporary

receiver is appointed ex parte, the party seeking and securing such appointment shall

give notice forthwith of the temporary receiver's appointment, any terms and conditions

pertaining thereto, and the date calendared for subsequent hearing on the question of

continuance of the receivership.

(c) Continuance of Receivership. Upon appointment of a temporary receiver,

the Court shall calendar a hearing on the continuation of the receivership. The

determination whether to continue the receivership shall be made as set forth in (d), and

no weight shall be given to the fact that a temporary receiver was appointed.

(d) Appointment of a Receiver. A receiver may be appointed upon the notice

set forth in (a)(2). Motions for appointment of a receiver need not be preceded by a

motion for appointment of a temporary receiver.

(e) Reports of Receivers.

(1) Unless otherwise ordered by the Court, at least one (1) day before

the hearing provided in (c), the temporary receiver shall file and personally serve a

summary report of the temporary receivership.

(2) At such time as the Court may direct, and at least once a year, a

receiver shall file and serve a report that shall be heard with notice to all parties in

accordance with L.R. 230. The report shall contain (i) a summary of the operations of the

receiver, (ii) an inventory of all the assets and their value, (iii) a schedule of all the

receiver's receipts and disbursements, (iv) the receiver's recommendations for a

continuation or discontinuation of the receivership and the reasons therefor, and (v) such

other matters as the Court may direct. At the hearing, the Court shall approve or

disapprove the receiver's report and determine whether the receivership shall be

continued.

(f) Notice of Hearings. Unless the Court otherwise orders, L.R. 230 shall

apply to all motions by the receiver.

(g) Employment and Compensation of Attorneys, Accountants, and

Investigators. A receiver shall not employ an attorney, accountant, or investigator

without first obtaining an order of the Court authorizing such employment, which order

may set forth a tentative basis for computation of compensation. The actual

compensation of such persons shall subsequently be fixed by the Court, after hearing,

upon the applicant's affidavit setting forth in reasonable detail the nature of the services

and the existence of any agreements concerning the amount of compensation to be paid.

(h) Deposit of Funds. A receiver shall deposit all funds received in a

depository designated by the Court, entitled "Receiver's Account" together with the name

and number of the action. See L.R. 150.

(i) Undertaking of Receiver. A receiver shall not act until a sufficient

undertaking as determined by the Court is filed. See L.R. 151.