City and County of San Francisco v. Shers

In City and County of San Francisco v. Shers (1995) 38 Cal.App.4th 1831, a judgment was entered in favor of the City of San Francisco declaring that the defendant's property was in violation of the municipal code and needed to be abated. Following judgment, the court appointed a receiver pursuant to Civil Code section 564, subdivision (b)(3) to carry the judgment into effect. The receiver was later forced to resign and the City of San Francisco filed a motion to appoint a successor receiver, which was granted. The defendants appealed, asserting that the order was appealable as a postjudgment order under subdivision (a)(2). San Francisco filed a motion to dismiss the appeal, arguing in part that "the order appointing a successor receiver cannot be a postjudgment order for purposes of section 904.1, subdivision (a)(2), because it was not made after judgment." (Id. at p. 1838, fn. 6.) The court rejected this argument, explaining that although "the appointment of a receiver is not itself a judgment rendering a subsequent order appealable, citation the receivership in this case was created under section 564, subdivision (b)(3), which empowers the court to create a receivership 'after judgment, to carry the judgment into effect.' citation. Accordingly, this order appointing a successor receiver was made after the . . . judgment that the receivership was created to enforce, i.e., the determination that the property must be brought to code." (Shers, supra, 38 Cal.App.4th at p. 1838, fn. 6.)