Winter 2017 • Issue 59, page 19

"Ask The Judges" Educational Program Comments by LA Receivership Judges

By Mirman, Alan*

In November, the LA/OC Chapter presented an “Ask the Judges” program, moderated by David Pasternak (a CRF founding Board member and State Bar immediate past-President). Los Angeles Central District receivership judges Chalfant, Strobel and Hogue shared their views on legal, tactical and procedural points. Noteworthy tips:

  • The Judges will tend to support their Receivers’ fee requests if monthly statements were served on the parties and no objections were made;

  • Receivers should be exempt from paying filing fees for motions and other papers submitted to California state courts pursuant to Government Code Section 6103;

  • Judge Chalfant explained his view that in many cases receivers do not need counsel, and that receiver’s requests for authority to retain counsel should be made on a case-by-case basis, and not automatically included in proposed appointment orders; and

  • All three judges agreed that ex parte applications for the appointment of a receiver are frowned upon, and should only be sought if absolutely necessary.

*Alan M. Mirman is a partner in the Woodland Hills law firm of Mirman, Bubman & Nahmias, LLP, and specializes in creditor’s rights. His practice includes provisional remedies, representation of receivers, litigation, loan and lease documentation, and the like.