Umpqua Bank v. Sran Family Orchards, Inc.

(37) Tentative Ruling

Re: Umpqua Bank v. Sran Family Orchards, Inc. Superior Court Case No. 25CECG00844

Hearing Date: May 6, 2026 (Dept. 503)

Motion: Valley Pride Ag’s Motion for Leave to Sue the Receiver

Tentative Ruling:

To grant Valley Pride Ag Company, Inc.’s motion for leave to sue the receiver, Andrew De Camara, in his capacity as the court-appointed receiver. Valley Pride Ag Company, Inc. may add the receiver as a cross-defendant to the cross-complaint filed in Fresno Superior Court Case Number 25CECG03989.

Explanation:

Court-appointed receivers may only be sued by seeking leave of the court. (Ostrowski v. Miller (1964) 226 Cal.App.2d 79, 84.) This is so that receivers are protected from unnecessary litigation. (Ibid.) Courts may refuse to deny leave to sue a receiver where intervention in the receivership suit can fully address the relief requested. (Ibid.) Where intervention would not provide all relief a claimant would be entitled to, then the court would be abusing its discretion by denying leave to sue. (Id. at p. 85.)

Preventing a party from filing a separate claim against a receiver and denying intervention in the receivership would “deprive him of access to the courts to pursue his claim.” (Jun v. Myers (2001) 88 Cal.App.4th 117, 125.) Here, the court has already denied Valley Pride leave to intervene in the receivership matter. (Minute Order, January 14, 2026.) It would be an abuse of discretion to also deny leave to sue the receiver. To the extent the receiver challenges the merits of a claim against him, the receiver may file any appropriate motion to challenge the pleadings once the receiver has been added as a crossdefendant in Fresno Superior Court Case Number 25CECG03989.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.