Phillips v. Superior Court

[623]

ARCHBALD, J.,

pro tem.

The petitioner asks a peremptory writ of prohibition restraining respondents from enforcing or carrying into effect an order appointing a receiver for the Stock and Realty Assurance Corporation, and also from proceeding in a matter wherein petitioner was cited to appear before respondent to show cause why he should not be punished for contempt in taking from the possession of the receiver so appointed the sum of $185.35 and for preventing said receiver from taking possession of the books and records of said corporation, of which petitioner is alleged to have been president.

The petition alleges the corporate existencé of said Stock and Realty Assurance Corporation under the laws of the state of Nevada and its authorization to do business in this state; that “for a period of one month last past petitioner has been president of said corporation” and one of its directors. That on July 25, 1930, on complaint filed against said corporation, on an

ex parte

application respondent court made an order appointing A. D. McLeod receiver of said corporation, which order was amended July 28, 1930, on

ex parte

application to said court and an order was also made directing the sheriff of Los Angeles County to assist said receiver in taking possession of all the assets, books and papers of said corporation; that by virtue of said assistance said receiver took possession and .now has the control of said assets, books and papers. It is further alleged that in making the order appointing said receiver said court acted in excess of its jurisdiction, in that no cause of action existed for the appointment of a receiver; that by reason thereof petitioner refused to turn over the “books, assets and property of said corporation to said receiver, and that on or about August 1, 1930, petitioner was served with said order to show cause why he should not be punished therefor for contempt. It is further alleged that petitioner “is not a party to said action, except as an officer of said corporation”; that said corporation has demurred to said complaint and also moved to vacate and set aside the order appointing receiver, and that said motion and demurrer were argued before respondent Hon. William C. Doran, “who took "the same under advisement and has not decided same”. The petition was filed herein on August 11, 1930.