Motion to Appoint Receiver
25CV148711: CURRY PARKWAY, L.P. vs TRAN 07/23/2026 Hearing on Motion - Other Motion to Appoint Receiver; filed by Curry Parkway, L.P. (Plaintiff) CRS# 982838613776 in Department 20
Tentative Ruling - 07/20/2026 Karin Schwartz
The Motion re: Notice of Motion and Motion to Appoint Receiver filed by Curry Parkway, L.P. on 04/07/2026 is Granted.
The parties are ORDERED TO APPEAR to discuss nomination of a receiver. (Rules of Court, rule 3.1177.)
Plaintiff Curry Parkway, L.P.s Motion to Appoint Receiver is GRANTED.
Plaintiff Curry Parkway, L.P. (Plaintiff) initiated this action on October 13, 2025 against Defendant Vi D. Tran for (1) Ejectment; (2) Declaratory Relief; and (3) Trespass. Plaintiff alleges that it acquired title to commercial real property located at 4848 MacArthur Boulevard in Oakland, California (the Property) in September 2025, but Defendant remains in possession of the Property without right, title, or permission. (Compl. ¶¶ 6-10.)
Plaintiff moves the Court to appoint a receiver to take possession, custody, and control of the Property pursuant to Code of Civil Procedure sections 564, subdivisions (b)(1) and (9).
A receiver may be appointed by the court in which an action is pending of any party whose right to or interest in the property is probable and where it is shown that the property is in danger of being lost, removed, or materially injured, or where it is necessary to preserve the property or rights of any party. (C.C.P. § 564(b)(1), (9).) The Court maintains wide and broad discretion to appoint a receiver to take over the operation of a business. (Barber v. Lewis & Kaufman, Inc. (1954) 125 Cal.App.2d 95, 99.)
Evidence to justify appointment of a receiver may be presented in the form of allegations in a complaint or by affidavit. (Republic of China v. Chang (1955) 134 Cal.App.2d 124, 131-132.) A court must consider the availability and efficacy of other potential remedies in determining whether to appoint a receiver. (City and County of San Francisco v. Daley (1993) 16 Cal.App.4th 734, 745.
Plaintiff contends that the Property is in danger of being materially injured, and a receiver is necessary to preserve the property and the rights of Plaintiff. Plaintiff further contends that Defendant has caused significant physical damage to the Property; failed to maintain insurance; and created hazardous environmental conditions. Plaintiff contends that other remedies are inadequate because the Property is currently suffering from active fire damage; structural instability; and soil contamination from leaking hazardous fluids. Plaintiff argues that a future judgment for possession or damages will not restore the Property if Defendant will be permitted to deteriorate the Property during the pendency of this action.
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Plaintiff submits the sworn declaration of Chris Mathys whose relationship to Plaintiff is not stated regarding his observations as to the conditions at the Property. (Mathys Decl. ¶¶ 6-12.) 25CV148711: CURRY PARKWAY, L.P. vs TRAN 07/23/2026 Hearing on Motion - Other Motion to Appoint Receiver; filed by Curry Parkway, L.P. (Plaintiff) CRS# 982838613776 in Department 20 Mathys states that he has made over 30 visits to the Property since September 2025, and he observed over 75 vehicles leaking oil and industrial fluids on unpaved soil; accumulation of trash and debris, resulting in vermin and rodent infestations; exposed wiring; electronic waste, including lead-acid batteries; and burned-out materials rendering parts of the property unsound. (Id.) Mathys states that he has confirmed that Defendant is uninsured, and there is no active fire, casualty, or liability insurance policy for the Property despite the significant hazards and risks. (Id. ¶¶ 13-14.)
Defendant filed an opposition in pro per; there is no proof of service accompanying the opposition. Defendant disputes the contentions in the Mathys declaration and argues that the declaration fails to support Plaintiffs allegations as to the conditions of the property to support appointment of a receiver. Defendant provides no evidence, in a sworn declaration or otherwise, nor any argument supported by legal authority in opposition to the motion, nor any argument as to any other remedies that may be considered instead of a receivership. Points must be supported by reasoned argument, authority, and record citations, or may be deemed forfeited. (Coziahr v. Otay Water Dist. (2024) 103 Cal.App.5th 785, 799.)
Based upon the record before the Court, Plaintiffs motion to appoint a receiver is GRANTED.
Pursuant to Rules of Court, Rule 3.1177, [a]t the hearing of an application for appointment of a receiver each party appearing may, at the time of the hearing, suggest in writing one or more persons for appointment as receiver, stating the reasons. A partys suggestion is without prejudice to its objection to the appointment or confirmation of a receiver. The Court further notes that Plaintiff has not proposed an amount of an undertaking, pursuant to Rules of Court, Rule 3.1177.
The parties are ORDERED to appear at the hearing to nominate at least one individual as receiver and to discuss an appropriate undertaking.
If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the Tentative Ruling will become the order of the court.
HOW DO I CONTEST A TENTATIVE RULING?
THROUGH ECOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select "Search" 4. Select the Case Name 5. Select the Tentative Rulings Tab
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA
25CV148711: CURRY PARKWAY, L.P. vs TRAN 07/23/2026 Hearing on Motion - Other Motion to Appoint Receiver; filed by Curry Parkway, L.P. (Plaintiff) CRS# 982838613776 in Department 20 6. Select "Click to Contest this Ruling" 7. Enter your Name and Reason for Contesting 8. Select "Proceed" BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.
BOTH ECOURT AND EMAIL notices are required.