(a) The court may appoint a receiver or order the levying officer to take any action the court orders that is necessary to preserve the value of property levied upon, including but not limited to selling the property, if the court determines that the property is perishable or will greatly deteriorate or greatly depreciate in value or that for some other reason the interests of the parties will be best served by the order. An order may be made under this subdivision upon application of the judgment creditor, the judgment debtor, or a person who has filed a third-party claim pursuant to Division 4 (commencing with Section 720.010). The application shall be made on noticed motion if the court so directs or a court rule so requires. Otherwise, the application may be made ex parte.
§ 699.070.Preservation of Value of Property Levied On; Perishable Property
Title 9. Enforcement of Judgments · Division 2 · Chapter 3. Execution · Article 1. General Provisions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 699.070 lets the court appoint a receiver or order protective action when levied property is perishable or losing value, allows the levying officer to act on the same concern without waiting for a court order in extreme cases, and directs any resulting sale through the standard sale and distribution procedures.
Full Text of § 699.070
(b) If the levying officer determines that property levied upon is extremely perishable or will greatly deteriorate or greatly depreciate in value before a court order pursuant to subdivision (a) could be obtained, the levying officer may take any action necessary to preserve the value of the property or may sell the property. The levying officer is not liable for a determination made in good faith under this subdivision.
(c) Except as otherwise provided by order of the court, a sale of property pursuant to this section shall be made in the manner provided by Article 6 (commencing with Section 701.510) and the proceeds shall be applied to the satisfaction of the money judgment in the manner provided by Article 7 (commencing with Section 701.810). Notwithstanding subdivisions (b) and (d) of Section 701.530, notice of sale shall be posted and served at a reasonable time before the sale, considering the character and condition of the property.
(d) If a receiver is appointed, the court shall fix the daily fee of the receiver and may order the judgment creditor to pay the fees and expenses of the receiver in advance or may direct that the whole or any part of the fees and expenses be paid from the proceeds of any sale of the property. Except as otherwise provided in this section, the provisions of Chapter 5 (commencing with Section 564) and Chapter 5a (commencing with Section 571) of Title 7 govern the appointment, qualifications, powers, rights, and duties of a receiver appointed under this section.
Plain-English Summary
Property does not always sit still while enforcement plays out. Subdivision (a) gives the court authority to appoint a receiver or order the levying officer to take whatever action is needed — including selling the property outright — when the property is perishable, will greatly deteriorate or depreciate in value, or when the interests of the parties are otherwise best served by that order. The judgment creditor, the judgment debtor, or even someone who has filed a third-party claim under Division 4 (§ 720.010) can bring this application, usually ex parte unless the court or a rule requires notice.
Subdivision (b) covers the moments when there is no time to wait for a court order at all. If the levying officer determines the property is extremely perishable or about to lose significant value, the officer can act — preserving it or selling it directly — without exposing themselves to liability, so long as the determination was made in good faith.
Subdivisions (c) and (d) tie any resulting sale back into the rest of the execution scheme: it follows the sale procedure of Article 6 (§ 701.510) and the proceeds get applied under the distribution rules of Article 7 (§ 701.810), with notice of sale timed reasonably given the property's condition rather than the standard schedule. If a receiver is appointed, the court sets the receiver's daily fee and decides whether the creditor advances it or it comes out of sale proceeds, borrowing the general receivership rules from Title 7 except where this section says otherwise.
Frequently Asked Questions
Who can ask the court to protect perishable property under this section?
The judgment creditor, the judgment debtor, or a person who has filed a third-party claim under Division 4 (§ 720.010).
Can a levying officer act without a court order if property is about to spoil?
Yes. Subdivision (b) lets the officer take necessary action or sell extremely perishable or rapidly depreciating property without waiting for a court order, and the officer is not liable for a good-faith determination to do so.
What sale procedure applies to property sold under this section?
The sale procedure of Article 6, commencing with § 701.510, unless the court orders otherwise, with notice timed reasonably in light of the property's character and condition.
How are receiver fees handled?
The court fixes the receiver's daily fee and may order the judgment creditor to advance the fees and expenses, or direct that they be paid from sale proceeds instead.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: perishable property execution californiareceiver writ of execution california