Fill and Sign the Order Restraining Form

––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– –– –– ––––– ––––– RC-300 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY TELEPHONE NO. FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS MAILING ADDRESS CITY AND ZIP CODE BRANCH NAME PLAINTIF F: DEFENDAN T: ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER-RENTS, ISSUES, AND PROFITS CASE NUMBER NOTICE OF HEARING Dat e: Tim e: Dep t.: Room: The address of the court is shown above is (specify): ORDER TO SHOW CAUSE1. To defendant (name each): 2. THE COURT ORDERS the defendants listed in item 1 to appear in this court at the date, time, and place shown in the box above to give any legal reason a. Why a receiver should not be appointed to (1) take possession of the property described in Attachment 2a (attach a description of the real and personal property subject to the receivership) (the ''property'), and (2) manage the property as ordered by this court. b. Why you should not be prohibited from controlling or receiving any income from the property described in Attachment 2a. TEMPORARY RESTRAINING ORDER 3. THIS ORDER EXPIRES AT THE DATE AND TIME OF THE HEARING SHOWN IN THE BOX ABOVE UNLESS EXTENDED BY THE COURT. 4. DEFENDANT IS ORDERED to refrain from a. Committing waste. Committing or permitting any waste on the property or any act on the property in violation of law or removing, encumbering, or otherwise disposing of any of the fixtures on the property. b. Diverting rent. Diverting any of the rents from the subject property. The defendant may collect rents, but must use them only for the purpose of paying the expenses of the subject property. Page 1 of 2 Form Approved for Optional Use Judicial Council of California RC-300 [Rev. January 1, 2007] ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER-RENTS, ISSUES, AND PROFITS Code of Civil Procedure, §§ 527 529 564(b) (10)' Cal. Rules of Court, rules 3.1175, 3.1176, 3.1177 (Receivershi p) electronic form ã 2001-7 WWW.LawCA.com Law Publishers ––––– ––––– ––––– ––––– –– –– –– ––––– ––––– ––––– ––––– 1 0. Number of pages attached: ––––– –––––PLAINTIFF (Name): CASE NUMBER DEFENDANT (Name): 4. c. Selling property. Selling, transferring, disposing, encumbering, or concealing the property without a prior court order. d. Impairing interests. Doing any act that will impair the preservation of the property or plaintiff's interest in the property. e. Canceling insurance. Canceling, reducing, or modifying the insurance coverage on the property. 5. PLAINTIFF IS ORDERED to immediately file a temporary restraining order bond under Code of Civil Procedure section 529 for: $ 6 . OTHER ORDERS are specified in Attachment 6 are as follows (specify): SERVICE AND BRIEFING SCHEDULE 7. By (date): PLAINTIFF IS ORDERED to personally serve on each defendant or counsel and any other appearing parties, and to file proof of service of, the summons and complaint, the memorandum of points and authorities, those orders, and all declarations and supporting papers. 8. By (date): DEFENDANT IS ORDERED to personally serve on each plaintiff or counsel and any other appearing parties, and to file proof of service of, any opposition to these orders. 9. By (date): PLAINTIFF IS ORDERED to personally serve on each defendant or counsel, and to file proof of service of, any reply to defendant's opposition to these orders. Dat e: JUDGE OF THE SUPERIOR COURT RC-300 [Rev. January 1, 2007] ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINING ORDER-RENTS, ISSUES, AND PROFITS (Receivership) Page 2 of 2RC-300