Rule 3.1179.The receiver

Division 11. Law and Motion · Chapter 3. Provisional and Injunctive Relief · Article 5. Receiverships · Adopted 1903 · no amendments on record · Last verified July 29, 2026

In one sentenceRule 3.1179 defines the receiver as a neutral agent of the court rather than of any party, and bars the party who nominated the receiver from striking side deals with the receiver over hiring, spending, fees, or the property's handling after the receivership ends.

Full Text of Rule 3.1179

Text sizeJump to: (a) (b)

(a) Agent of the court The receiver is the agent of the court and not of any party, and as such:

(1) Is neutral;

(2) Acts for the benefit of all who may have an interest in the receivership property; and

(3) Holds assets for the court and not for the plaintiff or the defendant.

(b) Prohibited contracts, agreements, arrangements, and understandings The party seeking the appointment of the receiver may not, directly or indirectly, require any contract, agreement, arrangement, or understanding with any receiver whom it intends to nominate or recommend to the court, and the receiver may not enter into any such contract, arrangement, agreement, or understanding concerning:

(1) The role of the receiver with respect to the property following a trustee’s sale or termination of a receivership, without specific court permission;

(2) How the receiver will administer the receivership or how much the receiver will charge for services or pay for services to appropriate or approved third parties hired to provide services;

(3) Who the receiver will hire, or seek approval to hire, to perform necessary services; or

(4) What capital expenditures will be made on the property.

End

Plain-English Summary

A receiver does not work for the party who asked the court to appoint one. This rule makes that point directly: the receiver is the court's own agent, expected to stay neutral, act for the benefit of everyone with a stake in the property, and hold the assets for the court rather than for either the plaintiff or the defendant.

That neutrality carries practical limits. The party who nominates a receiver cannot strike side deals with that receiver, and the receiver cannot enter into them — not about what happens to the property after a trustee's sale or the receivership ends (that needs the court's own permission), not about how the receiver will run things or pay for services, not about who gets hired, and not about what money gets spent on the property.

Cutting off these arrangements keeps the receivership answerable to the judge rather than to whichever side pushed for the appointment in the first place.

Frequently Asked Questions

Whose interests does a receiver serve?

The court's, on behalf of everyone with a stake in the property — not just the party who requested the appointment.

Can the party who nominated a receiver make private arrangements about fees or duties?

No. Neither that party nor the receiver may enter into any such contract or arrangement.

Can a receiver decide alone what happens to the property after a trustee's sale?

No. That requires specific permission from the court.

Amendment History

Rule 3.1179 renumbered effective January 1, 2007; adopted as rule 1903 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

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