Rule 3.1175.Ex parte application for appointment of receiver
Division 11. Law and Motion · Chapter 3. Provisional and Injunctive Relief · Article 5. Receiverships · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1175 lists the detailed facts an applicant must swear to before a court will appoint a receiver without notice to the other side, including the emergency that justifies skipping notice, who currently holds the property, and how a receiver would affect any ongoing business.
Full Text of Rule 3.1175
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(a)Application In addition to any other matters supporting an application for the ex parte appointment of a receiver, the applicant must show in detail by verified complaint or declaration:
(1)The nature of the emergency and the reasons irreparable injury would be suffered by the applicant during the time necessary for a hearing on notice;
(2)The names, addresses, and telephone numbers of the persons in actual possession of the property for which a receiver is requested, or of the president, manager, or principal agent of any corporation in possession of the property;
(3)The use being made of the property by the persons in possession; and
(4)If the property is a part of the plant, equipment, or stock in trade of any business, the nature and approximate size or extent of the business and facts sufficient to show whether the taking of the property by a receiver would stop or seriously interfere with the operation of the business. If any of the matters listed above are unknown to the applicant and cannot be ascertained by the exercise of due diligence, the applicant’s declaration or verified complaint must fully state the matters unknown and the efforts made to acquire the information. (Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2002.)
Plain-English Summary
Appointing a receiver without notifying the other side first is a drastic step — it hands control of someone's property to a court-appointed outsider before that person gets a chance to be heard. This rule sets the bar an applicant has to clear to get that kind of emergency relief.
The applicant has to swear, in a verified complaint or declaration, to the specific emergency that makes waiting for a normal noticed hearing too risky, along with the names, addresses, and phone numbers of whoever currently holds the property (or the relevant officer if a corporation holds it) and how that property is being used. If the property is tied up in an ongoing business, the applicant also has to describe the business and show whether pulling the property away through a receiver would shut it down or seriously disrupt it.
Gaps are allowed, but only if explained: an applicant who cannot track down some piece of this information has to say so and describe what was done to try to find it.
Frequently Asked Questions
Why does an applicant have to prove irreparable injury?
Because appointing a receiver ex parte skips the normal hearing where the other side gets to respond, so the court needs proof that waiting for that hearing would cause real, unavoidable harm.
What must the applicant say about who currently holds the property?
Their names, addresses, and phone numbers, or, if a corporation is in possession, the name of its president, manager, or principal agent.
What if the property is part of a business?
The applicant has to describe the business's size and nature and show whether taking the property through a receiver would stop it or seriously interfere with how it runs.
What if the applicant cannot find all of this information?
The declaration or verified complaint has to say what is unknown and describe the diligent efforts made to track it down.
Amendment History
Rule 3.1175 amended and renumbered effective January 1, 2007; adopted as rule 349 effective January 1, 1984; previously amended and renumbered as rule 1900 effective January 1, 2002.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as:ex parte receiver appointment californiaemergency receiver without noticeappointing a receiver before a hearing