Legal Question in Real Estate Law in California

Re: Taking care of the property in dispute

Receivers (these days) are usually appointed by judges after some kind of lawsuit has been initiated which either asks for the appointment of a receiver or where the situation causes the judge to appoint a receiver on his/her own motion, i.e. "sua sponte."

I believe even an arbitrator lacks the power to appoint a receiver.

Therefore, I am a bit doubtful that private parties can appoint a receiver extrajudicially.

However, if two parties are engaged in a dispute over management or control of real property, but they can cooperate to the extent of deciding that they want a third party to manage the property while a court, arbitrator, etc. thrashes things out, I suppose they can do this by private contract, and that they would have broad latitude in designing the terms and delegating powers to the neutral. The law greatly favors private resolution of disputes (in some ways, not in others, to be sure!).

Where do you find this person? Start by contacting the alternative dispute resolution coordinator at your local court. Most county courts maintain data bases of qualified persons that the court suggests as mediators, referees, arbitration neutrals, receivers, and the like. Then check the phone book under "Mediators" or "Mediation Services" etc.

Re: Taking care of the property in dispute

Without a lawsuit, you can agree upon a receiver by contract. Normally, a property management company with experience can suffice. You should contact a number of them. If we knew more of your problem, maybe we can give you further advice. Our phone number is 714 363 0220.

Re: Taking care of the property in dispute

I have worked with a number and would happy to make recommendations. You can also contact the following organizations:

California Receiver's Forum: www.receivers.org

Professional Fiduciary Association of California: www.pfac-pro.org

Good luck!