Spring 2018 • Issue 63, page 19

Post Judgment Receiverships in LA - Dept 44 Procedural Information

By Alsbrook, Blake*

Post-Judgment Receiverships in LASC, Stanley Mosk: Blake Alsbrook of Pasternak, Pasternak, and Alsbrook, ALC, recently had to work through a rather nuanced procedural issue that may be of use to practitioners in Los Angeles pertaining to post-judgment receiverships pending at the Stanley Mosk Courthouse. Pursuant to local procedure – as specifically detailed in the Courtroom Information on the LASC website for the Honorable Edward B. Moreton, Judge presiding in Department 44 (post-judgment) – the proper courtroom for the hearing of any issues pertaining to post-judgment receiverships is the Independent Calendar Department where the judgment resulting in the receiver’s appointment was entered or, alternatively, if the judicial officer who entered the judgment is no longer in that Department, in Department 44. This is the case notwithstanding the existence of the dedicated Writs and Receivers Departments 82, 85, and 86. In Mr. Alsbrook’s particular case, involving a Health and Safety Code post-judgment receivership, the Clerk in the IC Department where the judgment was entered transferred the case immediately upon the appointment of a receiver to Writs and Receivers (Department 82), believing that was the mandatory procedure. Despite the Clerks in Writs and Receivers agreeing with the IC Clerk that Writs and Receivers was the case’s proper home, Mr. Alsbrook confirmed through briefing before Judge Strobel that, because it concerned a post-judgment receivership, the pending motion and all other receivership issues should properly be transferred to and heard before Department 44

* Blake C. Alsbrook is a partner at Pasternak, Pasternak, and Alsbrook, ALC, a Century City firm specializing in the practice of receivership law.