Section 1338. Appointment and powers of temporary receiver  


Latest version.
  • 1. Appointment
      of temporary receiver; joinder of  moving  party.  Upon  motion  of  the
      claiming  authority  on  any other person having an apparent interest in
      property which is the subject of an action pursuant to this  article,  a
      temporary  receiver  of  the  property may be appointed, before or after
      service of summons and at any time prior  to  judgment,  or  during  the
      pendency  of  an appeal, where there is danger that the property will be
      removed from the state, or lost,  materially  injured  or  destroyed.  A
      motion made by a person not already a party to the action constitutes an
      appearance in the action and the person shall be joined as a party.
        2.  Powers  of temporary receiver. The court appointing a receiver may
      authorize him or her to take and hold real and  personal  property,  and
      sue  for, collect and sell debts or claims, upon such conditions and for
      such purposes as the court shall direct. A receiver shall have no  power
      to  employ counsel unless expressly so authorized by order of the court.
      Upon motion of the receiver or a party, powers granted  to  a  temporary
      receiver  may be extended or limited or the receivership may be extended
      to another action involving the property.
        3. Duration of temporary receivership. A temporary receivership  shall
      not  continue  after  final  judgment  unless  otherwise directed by the
      court.