Sweins v. Superior Court
Cases that cite this one
3 later published cases cite this decision.
- Panama Timber Co. v. Barsanti (Okla. Civ. App. 1981)
- Sandhu v. Sandhu CA5 (Cal. Ct. App. 2023)
- Avila v. Lin CA4/3 (Cal. Ct. App. 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
An alternative writ of prohibition was issued upon the petitioner’s application showing that, in an action foreclosing a chattel mortgage, the respondents made an ex parte order appointing a receiver without requiring the applicants for such order to give an undertaking.
Section 566 of the Code of Civil Procedure provides that: “If a receiver is appointed upon an ex parte application, the court, before making the order, must require from the applicant an undertaking ...”
The provisions of that section are mandatory (22 Cal. Jur., p. 468) and the order was therefore void. (Westphal v. Superior Court, 120 Cal. App. 263, 264 [7 Pac. (2d) 711], where other authorities to the same effect are cited.)
Let a peremptory writ issue as prayed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.