WILMINGTON TRUST NATIONAL ASSOCIATION V. CAMPUS WALK DST

specific instructions not to do so. Id. at pp. 661–662. The court emphasized it found MICRA's limitation on noneconomic damages did not apply because the plaintiff alleged a battery based on a deliberate decision to ignore the scope of the plaintiff's consent, not a negligent failure to disclose a potential complication. Id., at pp. 664, 668, fn.

4. The allegations here are similar to those in Perry, and the Court thus concludes that the allegations fall outside those requiring Court authorization to seek punitive damages, which includes the First Cause of Action for Elder Abuse/Neglect. In relation to Defendants’ remaining arguments, those were addressed in the accompanying Demurrer and based on the Court’s ruling thereon, and as set forth above, the Motion is denied. Counsel for the Plaintiffs shall prepare and submit a form of order within two weeks.

10. 26CV00994 WILMINGTON TRUST NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF BANK 2020-BNK25 COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2020-BNK25 V. CAMPUS WALK DST EVENT: (1) Motion for Appointment of a Receiver, (2) Temporary Restraining Order, (3) Order to Show Cause Re: Preliminary Injunction and Appointment of Receiver Plaintiff’s Request for Judicial Notice is granted.

The Court is afforded broad discretion in appointing a receiver. “If it appears that the party seeking the appointment has at least a probable right or interest in the property sought to be placed in receivership and that the property is in danger of destruction, removal or misappropriation, the appointment of a receiver will not be disturbed on appeal.” Maggiora v. Palo Alto Inn, Inc. (1967) 249 Cal.App.2d 706, 710, citing Sachs v. Kileen (1958) 165 Cal.App.2d 205, 213; See also, Code of Civil Procedure §564(b).

Here, the Court finds that the appointment of a receiver is neither drastic, expensive, or unnecessary. Rather, the Court finds that the undisputed facts support appointment. The Motion is granted in this regard, and Kevin Singer is hereby appointed as receiver in this action. Plaintiff shall post an undertaking in the sum of $10,000 pursuant to Code of Civil Procedure §529(a) and Rule of Court 3.1150, and the Receiver shall post an undertaking in the sum of $25,000 pursuant to Code of Civil Procedure §567(b). In addition, the request for a preliminary injunction is likewise granted, the Court finding that such relief is necessary to ensure that the receivership can be implemented efficiently and effectively. The Court will utilize the form of order submitted by counsel for the Plaintiffs.

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