Statutory Basis For Appointing a Receiver in California

In the State of California, the Code of Civil Procedure Section 564 is a broad statute outlining the duties required that allow a court to appoint a receiver and provide them with certain responsibilities in a case before the court.

One of the major responsibilities of a receiver is to preserve common funds or properties that are in dispute and in danger of dissipation, as well as preserving liened property in the midst of foreclosure proceedings.  A receiver may also be appointed to enforce judgments handed down by the court, or protecting property pending an upcoming appeal.

Corporate assets may also be controlled if the company is insolvent.  A state regulatory commission may also request the use of a receiver.  Rents, issues or profits may be collected in real estate litigation, or a lender may utilize a receiver to inspect a property for hazardous materials or conditions.

Although this statute is the broadest in California outlining uses and duties of a receiver, other statutes also outline reasons for appointing them in specific types of litigation.

The Corporations Code Section 15028 allows a receiver to be appointed to enforce an order against a partner's interest in a partnership.  Code of Civil Procedure Section 565 allows a receiver to dissolve a corporate estate to liquidate and distribute assets, and Corporations Code Section 1803 allows for preserving assets until an involuntary liquidation suit is determined.

The Code of Civil Procedure Section 699.070 gives a receiver the ability to preserve perishable property until ownership is determined, and the Code of Civil Procedure Section 564 (b)(6) allows for preserving property pending the outcome of an unlawful detainer suit.

Law enforcement and other regulatory agencies are also given the authority to seek appointment of a receiver in California to assist in several of their duties.  These duties may include winding up a corporation at the request of the State Attorney General, overseeing a corporation at the request of the California Commissioner of Corporations, or overseeing a real estate licensee in violation of the state's laws by the California Commissioner of Real Estate.

California's court rules also include ten Civil Rules which govern the operation of receivers or receivership estates.  These rules apply to any receiver appointed in the state, and are written to outline the recordkeeping duties and guidance for retaining counsel.  All receivers in the State of California should closely study the rules in order to ensure compliance while performing their duties. 

Speeding Fines

Understanding Speeding Cameras

No one enjoys getting speeding fines; however, many people end up getting a fine at some point in their life. Unfortunately most speed at some point in time, and many times don't even realise what they are doing. Often it is a costly speeding fine that brings them to their senses. Whether you have had a fine in the past or you have managed to escape a speeding fine this far, no doubt you want to ensure that you are not fined in the future. If you want to avoid getting fined these days, there are some things that you can do to avoid them. One thing you can do to try to avoid these fines for speeding is to simply understand and watch out for speeding cameras.

The UK Uses New Camera Systems

Yes, you have that right. There are now speeding cameras being used in the UK to trap people who are speeding. In fact, they have been used for this purpose for some time. These systems are set up in various places around the UK, and they are watching you. The cameras that are being used are not Gatso cameras that are often used for this type of thing, but the UK is using "New Generation" cameras to try to catch speeders these days. However, even with the camera systems in place, there are some things you can do to try and avoid speeding fines.

You May Be Caught Unaware

The thing about these speeding cameras is that you can be caught speeding unaware. You may have no idea that there is a camera system in use where you are. You hit the accelerator pedal, off you go, and soon a speeding ticket shows up at your door. You may not have even had any idea that you were speeding. This can definitely be frustrating. While you can keep your eye out for a bobby, you can't always recognize when there is a camera watching your speed. Of course this definitely works out well for the UK government, but it's not so great for you when that speeding fine shows up at your home. One good thing is, being aware of these camera systems can help you to be more careful so you can avoid having this type of a surprise show up.

How the Cameras Work

It's a good idea to know how these cameras work when it comes to speeding fines and how they can catch you. The new camera systems that are being used in the UK work by watching the car over a certain distance and by calculating how fast they were going. Instead of working like other camera systems, these cameras actually measure how fast your car is going between two points that are fixed. Sometimes these points can be a long distance apart, and if you average a speed higher than the speed limit between those two points, you'll end up getting a speeding fine.

When You Can Be Prosecuted

The new camera system has been set up to catch those who try to avoid the speeding fines. Many people now know where the cameras are across the UK, so they think they can avoid the fines by slowing down when they are near the cameras, and then they start speeding up again. However, with the new cameras, this won't always work, since you are being tracked between two points. So, how can you actually be prosecuted for speeding when it comes to these cameras? Well, so far it seems that you must be filmed in the very same lane that you were in the beginning in order for you to end up getting a fine. If you are in the same lane as you were filmed in the first time and you are speeding, then you will be prosecuted and may end up with a hefty fine to pay.

Changing Lanes - Can it Help?

So, it stands to reason to think that changing lanes may be able to help you avoid speeding fines with the way that these new cameras work. After all, they are measuring the distance between two points. Can they really work if you end up changing lanes? Well, at this point changing lanes may actually save you. The cameras that are being used may not be able to document that you are speeding if you change lanes. Even the company that manufactures these cameras to catch those speeding have admitted that if you hop lanes, there is a good chance that you can avoid getting a fine. So, although it's definitely a better idea to avoid speeding altogether, if you accidentally catch yourself going a bit too fast, try changing lanes.

The Bottom Line

In the end, it's best to avoid speeding, which will ensure that you avoid speeding fines. However, if you do make a mistake, understanding the way the new camera systems in the UK work may be to your benefit. Change lanes when you are driving if you think you were caught on one camera. This way they can't calculate your speed and you'll avoid getting an expensive fine. By the way, it's a good idea to just slow down too!