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Shopoff & Cavallo v. Hyon

Shopoff & Cavallo v. Hyon
06:20:2006

Shopoff & Cavallo v. Hyon



Filed 6/15/06 Shopoff & Cavallo v. Hyon CA1/1




NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


FIRST APPELLATE DISTRICT


DIVISION ONE










SHOPOFF & CAVALLO LLP et al., Plaintiffs,


v.


JUNHO HYON,


Defendant and Appellant;


LAURENCE COLANGELO et al.,


Defendants and Respondents.



A111396


(San Francisco County


Super. Ct. No. CGC 04-434563)



This appeal has been taken from the trial court's order which granted respondents' motion for appointment of a receiver (Code Civ. Proc., § 564)[1] with full powers to manage the assets that comprise a judgment obtained in prior litigation (known as the Recovery) and held by a trustee. Appellant argues that the underlying interpleader action was improper, the appointment of a receiver was without statutory basis, and the receivership order was unduly broad. We conclude that the interpleader action was properly brought by parties with standing, the receivership order was based upon proper grounds and justified by the evidence, and the granting of full powers to the receiver was not an abuse of discretion. We therefore affirm the judgment.


STATEMENT OF FACTS AND PROCEDURAL HISTORY


The tortuous path of this action between parties with common interests in the Recovery proceeds has its foundation in three prior suits collectively known as the â€





Description A decision regarding motion for appointment of a receiver (Code Civ. Proc., §564)[1] with full powers to manage the assets that comprise a judgment obtained in prior litigation.
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