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.
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