Remedies Section

Writs of attachment—writs of execution—writs of possession—injunctions—collection of judgments, etc.

 All of these are legal remedies.

If your practice includes civil litigation and you are seeking writs of attachment, writs of possession, receiverships, injunctions, foreclosing on collateral, if you are dealing with UCC liens, and if you deal with post-judgment collection issues such as judgment debtor examinations, post-judgment liens, post-judgment discovery, sheriff levies, etc., it is likely that you are a Remedies attorney. Securing a judgment and collecting a judgment are two of the most critical aspects of a lawsuit and without these remedies a win for your client may still be a hollow victory.

Why not give yourself that extra edge in these types of remedies and join the Remedies Section of the Los Angeles County Bar Association?

The Remedies Section keeps you on top of all of the new rules, regulations, and laws affecting your practice through e-mail announcements, and provides newsletters and mailers detailing the Section's activities and new laws that affect this field of practice. The Remedies Section Web site also provides access to newsletter back issues, and the section List Service is a valuable e-mail-based forum just for remedies issues. Further, and more importantly, the Remedies Section also invites you to provide input on new laws being proposed that could directly affect your practice.

The Remedies Section has bi-monthly MCLE events in which you can meet with the leaders of today and tomorrow. The Remedies Section's panelists include sitting judges, and outstanding practitioners that will provide you with the insight you need to be successful in securing your client's judgment. There is no better forum to learn how to learn these invaluable skills!

Finally, the Remedies Section prides itself on giving its members the personal attention they need to successfully practice in their field. The Remedies Section also encourages its members to work together and be available to one another to transfer knowledge. You will find a pleasant camaraderie amongst Remedies Section members that makes Remedies Section events something to look forward to as a learning and networking experience. Remedies Section members frequently communicate by e-mail seeking and giving advice relevant to our daily practice needs.

 

Remedies Section Newsletters

Effective immediately, all applications for prejudgment writs of attachment, prejudgments writs of possession and all receiverships will be heard as follows:

 

  1. Cases Ending In 1, 2, 3 or 4: Department 85 — Judge Chalfant
  2. Cases Ending In 5, 6 or 7: Department 86 — Judge Jones
  3. Cases Ending In 8, 9, or 0: Department 82 — Judge Lavin

Ex Parte Hearings: Heard Monday to Friday before 8:45 a.m.

Regularly Noticed Motions (date must be reserved in advance):

  1. Department 82
    Tuesdays: 9:30 a.m.
    Thursdays: 1:30 p.m.
  2. Department 85
    Tuesdays: 1:30 p.m.
    Thursdays: 9:30 a.m
  3. Department 86
    Wednesdays: 9:30 a.m.
    Fridays: 1:30 p.m   

Section resources and documents will be added here as they become available.

Ten Musts For All Receiverships


Prepared by Peter Davidson, Ervin Cohen & Jessup LLP, Taylor B. Grant, Real Estate Receiverships, and Richard Ormond, Buchalter Nemer.  This document does not represent the views of the Los Angeles County Bar Association.

Ten Appointing Order Musts From the Court's Perspective
  1. Clear instructions with regard to turnover if a bankruptcy is filed.
  2. Clear instructions with regard to turnover if a lender forecloses.
  3. Full disclosure of all affiliates of the Receiver with regard to billing practices.
  4. Guidance as to Receiver's responsibility in regards to any Security Deposits.
  5. Instructions regarding the Receiver's authority of concerning entitlements, DRE, building permits, HOA, etc. to avoid further court appearances.
  6. Clear authority to hire counsel.
  7. Clear instructions concerning use of a tax identification number.
  8. Guidance as to the Defendant and Plaintiff's responsibilities to cooperate and provide information, access, etc.
  9. A clear temporary restraining order, as applicable.
  10. Clear instructions concerning utility companies and the US Post office regarding cooperation with the Receiver.
Ten Receiver Musts From the Court's Perspective
  1. Avoid conflicts of interest and represent the court as a neutral.
  2. Fulfill the obligations of the appointing order using their best business judgment.
  3. File complete and accurate interim reports if requested by the court.
  4. Operate in a totally transparent manner. All parties to the action our entitled to the work product of the receiver, unless otherwise instructed by the court.
  5. Do not overreach the appointing order, ask the judge for instructions.
  6. When selling property from the estate, notify all parties and obtain stipulations, notices of no opposition or other clarity as to each party's position.
  7. Do not enter into any fee or other compensation agreements with either party pre foreclosure and do not act as the Plaintiff's "agent".
  8. Verify that adequate insurance is in place immediately and insure all parties as appropriate.
  9. Prior to making leases beyond one year or non emergency capital improvements obtain court approvals.
  10. Remember you are the court's neutral representative and be prepared to explain anything you do to your "boss" the judge, with the "neutrality light" shining in your face!