Jun-02-09 03:44pm From-Buchalter Nemer SF T-636 PJM/OJ4 F-i

1 BUCHALTER NEMER
A Professional Corporation
2 JEFFREY B. KIRSCHENBAUM (SEN: 152290) 2009JUN-3 AMII: 10
NEIL J. RUBENSTEIN (SBN: 77975)
3 CRAIG C.CHIANG (SEN: 209602) . L-f .,•
333 Market Street, 25th Floor "' ' • ?*J
4 San Francisco, CA 94105-2126
Telephone: (415) 227-0900
5 Facsimile: (415) 227-0770
Email: jkirschenbaum@buchalter.com
6 Email: cchiang@buchalter.com

7 Attorneys for Plaintiff

FIRST BANK, a Missouri banking corporation
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO - UNLIMITED JURISDICTION

11 FIRST BANK, a Missouri banking CASE NO. 34-2009-00044895

corporation, in its individual capacity and
12 as Administrative Agent pursuant to that
certain Credit Agreement, dated as of
13 March 30, 2006, [PROPOOED] ORDER APPOINTING
RECEIVER EX PARTE; ORDER TO
14 Plaintiff, SHOW CAUSE WHY RECEIVER
SHOULD NOT BE CONFIRMED;
15 vs. TEMPORARY RESTRAINING ORDER;
AND ORDER TO SHOW CAUSE WHY
16 NATIONAL CREDIT ACCEPTANCE, PRELIMINARY INJUNCTION SHOULD
INC., a California corporation; NOT BE GRANTED
17 NCA FINANCIAL SERVICES, INC., a
California corporation; Date: May 28,2009
18 COLUMBIA CREDIT SERVICES, INC., Time: 1:30 p.m.
a California corporation; Dept: 54
19 MICHAEL T. SAHLBACH, an individual;
and DOES 1 through 100, inclusive, Complaint Filed: May 26,2009
20 Trial Date: None
Defendants.
21
22
23 Plaintiff First Bank's Ex Parts Application for Appointment of Receiver came on for
24 hearing on May 28, 2009, in Department 54 of the above-entitled Court. Jeffrey B.
25 Kirschenbaum and Craig C. Chiang appeared for Plaintiff. Steven Benjamin of Benjamin Law
26 Office appeared for defendants National Credit Acceptance, Inc., NCA Financial Services, Inc.,
27 and CCS Collections, Inc. f/k/a Columbia Credit Services, Inc. Zacharay J. Wadle of Weintraub
28
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ORDER APPOINTING RECEIVER EX PARTE AND RELATED ORDERS
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1 Genshlea Chediak appeared for defendant Michal T. Sahlbach, an individual. The Court, having

2 reviewed the Memorandum of Points and Authorities and Declarations filed in support thereof by

3 plaintiff First Bank, a Missouri banking corporation, in its individual capacity and as

4 Administrative Agent pursuant to that certain Credit Agreement, dated as of March 30, 2006

5 ("Plaintiff or "First Bank"), Plaintiffs Verified Complaint, the Declaration of Michal T.

6 Sahlbach in Opposition to Plaintiffs Ex Parte Application, Defendants' Brief In Opposition to

7 Plaintiffs Ex Parte Application, the Declaration of Steven Benjamin in Opposition to Plaintiffs

8 Ex Pane Application, and Defendants' objections to the Declaration of Liz Van De Vanter, the
9 pleadings filed in diis action, and good cause appearing:
10 ORDER APPOINTING RECEIVER

11 IT IS HEREBY ORDERED that pending the hearing of this Order to Show Cause, Robb

12 Evans & Associates LLC (ihe "Receiver") shall be appointed as receiver for National Credit
13 Acceptance, Inc. ("NCA") NCA Financial, Inc. ("NCA Financial"), Columbia Credit Services,
14 Inc. ("Columbia Credit") and any affiliates, subsidiaries, divisions, or field operations
15 (collectively, with NCA, NCA Financial and Columbia Credit the "Receivership Companies"),
16 wherever located, with the full, usual, and customary power of an equity receiver, including, but
17 not limited to, the powers set forth herein. The Receiver shall be solely the agent of this Court in
18 acting as receiver under this Order, shall be accountable directly to this Court, and shall comply
19 with all Local Rules of this Court governing receivers.
20 IT IS FURTHER ORDERED that:
21 1. Receiver's Oath and Bond. Before performing its duties, the Receiver shall
22 execute a receiver's oath and file a bond with surety thereon, approved by this Court in the sum of
23 $10,000, conditioned upon the faithful performance of the Receiver's duties; the Court will hear
24 and decide the Receivership Companies' objection to the amount of the bond at die hearing of
25 this Order to Show Cause.
26 2. Plaintiffs Undertaking. Plaintiff shall file an undertaking in the amount of
27 $10,000, pursuant to California Code of Civil Procedure Section 566; the Court will hear and
28 decide the Receivership Companies' objection to die amount of the undertaking at the hearing on
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ORDER APPOINTING RECEIVER EX PARTE AND RELATED ORDERS
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1 die Order to Show Cause.

2 3. Receiver's Duties and Powers. After so qualifying, the Receiver shall:
3 (a) Take possession, custody, and control of the all assets of the Receivership
4 Companies, together with all revenues, profits, proceeds, and payments thereof and all intellectual
5 and similar property of any of the Receivership Companies of every kind and nature, including,
6 without limitation, technical and business information, software and databases and all
7 embodiments and related documentation, registrations, additions, improvements, and books and
8 records used in connection with such intellectual property (the "Receivership Property"),
9 wherever located, including but not limited to, the following locations: 9738 Lincoln Village
10 Drive, Sacramento, California; 3539 Bradshaw Road, Sacramento, California; 1731 Howe
11 Avenue, Sacramento, California; and 1825 Bell Street, Sacramento, California; and maintain and
12 conserve the Receivership Property pending further order of this Court; provided, however, that
13 the Receivership Companies may retain defensive litigation files for matters that do not relate or
14 pertain to the Receivership Property and personnel files that contain confidential information
15 regarding employees; provided further, that the Receivership Companies shall immediately
16 turnover to the Receiver all employee directories and Jists of the names, addresses, telephone
17 numbers, and positions of all former employees of the Receivership Companies;
18 (b) Take custody, control, and possession of all Receivership Property in the
19 custody, control, or possession of the Receivership Companies or any defendant, wherever
20 situated. The Receiver shall have full power to divert mail and to sue for, collect, receive, take in
21 possession, hold, and manage all Receivership Property;
22 (c) Take all steps necessary to secure the business premises of the
23 Receivership Companies including all storage facilities leased or used by the Receivership
24 Companies. Such steps may include, but are not limited to, securing the locations by changing
25 the locks, gaining access and control of any security system, disconnecting any computer modems
26 or other means of access to the computer or other records maintained at the locations.
27 (d) Choose, engage, and employ attorneys, accountants, appraisers, and other
28 independent contractors and technical specialists, as the Receiver deems advisable or necessary in
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ORDER APPOINTING RECEIVER EX PARTE AND RELATED ORDERS

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1 the performance of duties and responsibilities under the authority granted by this Order;

2 (e) Make payments and disbursements from the receivership estate that are

3 necessary or advisable for carrying out the directions of, or exercising the authority granted by,

4 this Order, including payments for daily operating expenses and for pre-receivership liabilities;

5 (f) Institute, compromise, adjust, appear in, intervene in, or become party to

6 such actions or proceedings in state, federal or foreign courts that the Receiver deems necessary

7 and advisable 10 preserve or recover the Receivership Property or that the Receiver deems

8 necessary and advisable to carry out the Receiver's mandate under this Order;

9 (g) Defend any or all actions or proceedings arising out of or related to the

10 Receivership Property, instituted in the past or in the future against the Receiver in his role as

11 Receiver, or against the Receivership Companies that the Receiver deems necessary and

12 advisable to preserve the Receivership Property or that the Receiver deems necessary and
13 advisable to carry out the Receiver's mandate under this Order;
14 (h) Remove current authorized signors for all bank accounts and substitute

15 members of the Receiver as authorized signors for all open and future bank accounts; and

16 (i) Maintain accurate records of all receipts and expenditures that it makes as

17 Receiver.
18 4. Delivery of Receivership Property. Immediately upon mailing or delivery of this
19 Order upon mem, or within such period as may be permitted by the Receiver, the Receivership
20 Companies, all defendants, and each of them, shall transfer or deliver possession, custody, and
21 control, and shall direct all third parties in possession thereof to transfer or deliver possession,
22 custody, and control, of the following, wherever located and in whichever mode maintained, to

23 the Receiver:
24 (a) All Receivership Property;
25 (b) All documents related to the Receivership Property, including, but not
26 limited to, books and records of debt accounts, all Financial and accounting records, leases,
27 licenses, permits, government approvals, bank records (including monthly statements, canceled
28 checks, records of wire transfers, and check registers) pertaining to all bank accounts currently
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ORDER APPOINTING RECEIVER EX PARTE AND RELATED ORDERS
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1 used by the Receivership Companies, including First Bank Wire Acct. #XXX-XXX-1050, Bank
2 of America Wire Acci. XXXXX-X8247, First Bank Collection Deposit Acct. XXX-XXX-3074,

3 Bank of America Collection Deposit Acct. XXXXX-X8244, Bank of America Vendor Acct.

4 XXXXX-X2681, Bank of America Acct. XXXXX-X2682, Bank of America Acct. XXXXX-

5 X2212, Bank of America Acct. XXXXX-X2680, Bank of America Acct. XXXXX-X9093, Bank

6 of America Acct. XXXXX-X2171, Bank of America Acct. XXXXX-X03887, Bank of America

7 Acct. XXXXX-X3901, Bank of America Acct. XXXXX-X0434, Bank of America Acct.

8 XXXXX-X6485, Bank of America Acct. XXXXX-X8171, Bank of America Acct. XXXXX-

9 X8172, Bank of America Acct. XXXXX-X8178, Bank of the West account xxx-xx!016, Bank of

10 the West account Xxx-xxl008, Bank of the West account Xxx-xxl024, Bank of the West account

11 Xxx-xx0976, Bank of the West account Xxx-xx0984, Bank of the West account Xxx-xx0992;

12 obligor lists; and indicia of ownership of the Receivership Property; and

13 (c) All keys, codes, and passwords necessary to gain or to secure access to any

14 Receivership Property, including, but not limited to, access to all business premises of the

15 Receivership Companies, means of communication, accounts, computer systems, computer

16 programs, data, mail boxes, or other property.

17 (d) All codes, keys, books, records, documents, and information that may be

18 necessary or useful in connection with the use, operation or maintenance of any of the computer
19 systems, telephone systems, or property of the Receivership Companies, including, without
20 limitation, the Columbia Ultimate Business System ("CUBS") and the Peachtree Quantum
21 system.

22 5. In the event any person or entity fails to deliver or transfer any Receivership

23 Propeity, fails to identify the location of any Receivership Property, fails to identify any person
24 that may possess Receivership Property, or otherwise fails to comply with any provision of this
25 Order, the Receiver may file ex parte an Affidavit of Non-Compliance regarding the failure.
26 Upon filing of the affidavit, the Court may issue an order to show cause on shortened time re

27 turnover of said alleged Receivership Property to the person or entity accused of failing to deliver
28 or transfer alleged Receivership Property. Upon a finding of non-compliance after notice and
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ORDER APPOINTING RECEIVER £X PARTE ANT> RELATED ORDERS
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1 opponunity to be heard, the Court may issue, without additional process or demand, Writs of

2 Possession or Sequestration or other equitable writs requested by the Receiver. The writs shall

3 authorize and direct any sheriff or deputy sheriff of any county, or iiny other federal or state law

4 enforcement officer, to seize the Receivership Property, including documents, or other thing and

5 to deliver it to the Receiver.

6 6. Receivership Fees and Costs. The Receiver may charge as interim fees its

7 standard hourly billing rate, which are currently $360 per hour for Mr, Robb Evans, $210 to $275
8 per hour for Other members of the firm, and $60 to $210 per hour for in-house CPAs, plus
9 reimbursement of costs for the Receiver's services. The Receiver may not increase the hourly
10 rates without prior approval of the Court. The Receiver is authorized to employ the services of
11 accountants, attorneys, computer consultants, property managers, and other professionals in

12 connection with its duties herein and to pay for those services in the amount of the normal fees
13 charged by those professionals.
14 7. Inventory. Within thirty (30) days after qualification hereunder, the Receiver shall
15 file an inventory of all of the Receivership Property of which it has taken possession pursuant to
16 this Order.
17 8. Statements. The Receiver shall prepare and serve monthly statements reflecting
18 the Receiver's fees and administrative expenses, including fees and costs of accountants and
19 attorneys and other professionals authorized by die Court, incurred for each monthly period in the
20 operation and administration of the receivership estate. Upon service of each statement, the
21 Receiver may disburse from receivership estate funds, if any, the amount of each statement.
22 Notwithstanding periodic payment of fees and expenses, all fees and expenses shall be submitted
23 to the Court for its approval and confirmation, in the form of either a properly noticed interim
24 request for fees, a stipulation of all parties, or in the Receiver's Final Account and Report.
25 9. Bank Accounts. The Receiver is empowered to establish bank accounts for the
26 deposit of monies and funds collected and received in connection with the receivership estate, at
27 federally insured banking institutions or savings associations which are not parties to this case.
28 Monies coming into the possession of the Receiver and not expended for any purposes herein
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ORDER APPOINTING RECEIVER EXPARTE AND RELATED ORDERS
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1 auihorized shall be held by the Receiver in interest-bearing accounts.

2 10. Further Instructions. The Receiver and the parties to this case may at any time
3 apply to this Court for further or other instructions or orders and for further powers necessary to
4 enable the Receiver to perform the Receiver's duties properly.
5 11. Use of Funds. All monies coming into the Receiver's possession shall only be
6 expended for the purposes herein authorized.
7 12. Insurance. The Receiver shall determine upon talcing possession of the
8 Receivership Property whether in the Receiver's judgment there is sufficient insurance coverage.
9 With respect to any insurance coverage, the Receiver shall be named as an additional insured on
10 the policies for the period that the Receiver shall be in possession of the Receivership Property.
11 If sufficient insurance coverage does not exist, the Receiver shall immediately notify the parties
12 to this lawsuit and shall have thirty (30) calendar days to procure sufficient all risk and liability
13 insurance for the Receivership Property; provided, however, that if the Receiver does not have
14 sufficient funds to do so, the Receiver shall seek instructions from the Court with regard to
15 whether insurance shall be obtained and how it is to be paid for. If consistent with existing law,
16 the Receiver shall not be responsible for claims arising from the lack of procurement or inability
n to obtain insurance. The parties and their agents and representatives are prohibited from
18 canceling, reducing or modifying any and all insurance coverage currently in existence with
19 respect to the Receivership Property.
20 13. Discharge. Discharge of the Receiver shall require a Court order after a properly
21 noticed motion approving the Receiver's Final Report and Account.
22 14. Tax Identification. The Receivership Companies shall provide ihe Receiver with
23 all tax identification numbers utilized in connection with the operation of the Receivership
24 Property.
25 15. Mail. The Receiver is authorized to have all mail addressed to the Receivership
26 Companies forwarded to an address to be designated by it. If the Receiver determines that any
27 mail addressed to Michael T. Sahlbach is unrelated to Receivership Property, the Receiver will
28 forward such mail to Michael T. Sahlbach at his designated address.
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ORDER APPOINTING RECEIVER EXPARTE AND RELATED ORDERS

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16. Transfer of Funds. Upon presentation of a copy of this Order, all banks, savings

and loan associations, credit unions, depository institutions, finance companies, commercial
lending companies, credit card processing agents or agents providing electronic funds transfer

services or automated dealing house processing, brokerage houses, escrow agents, money market
or mutual funds, title companies, commodity futures merchants, commodity trading companies,
precious metal dealers, trustees, or other financial institutions or depositories of any kind, shall
cooperate with all reasonable requests of the Receiver specifically relating to implementation of
this Order, including removing and replacing authorized signers, transferring funds at its direction
and producing records related to Receivership Property.
10 17. Delivery of Revenues. The Receivership Companies, on receipt of a copy of this
11 Order, shall deliver to the Receiver immediate possession of all revenues and income generated
12 from the businesses of the Receivership Companies. This delivery to the Receiver shall be
13 completed within forty-eight (48) hours of receipt of the above-described documents.
14 18. Plaintiffs Notice to Receivej. Plaintiff shall promptly notify the Receiver in
15 writing of the names, addresses, and telephone numbers of all parties who appear in the action
16 and their counsel. The parties to this action shall give notice to the Receiver and of all events that
17 affect the receivership, including all court proceedings in this action.
18 19. Bankruptcy - Plaintiff's Duty to Give Notice. If a defendant files a bankruptcy
19 case during the receivership, Plaintiff shall give notice of the bankruptcy case to the Court, to all
20 parties, and to the Receiver by the close of the next business day after the day on which Plaintiff
21 receives notice of the bankruptcy filing.
22 20. Bankruptcy - Receiver's Duties. If die Receiver receives notice that a bankruptcy
23 has been filed and part of the bankruptcy estate includes property that is the subject of this order,
24 the Receiver shall have the following duties:
25 (a) The Receiver shall immediately contact the party who obtained the
26 appointment of the Receiver and determine whether that party intends to move in the bankruptcy
27 court for an order for (1) relief from the automatic stay, and (2) relief from the Receiver's
28 obligation to turn over the property (1 1 U.S.C. § 543).
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ORDER APPOINTING RECEIVER EX PARTE AND RELATED ORDERS

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(b) If the party who obtained the receivership intends to seek relief

2 immediately from both the automatic stay and the Receiver's obligation to turn over the property,
3 the Receiver may remain in possession and preserve the property pending the ruling on those

4 motions (11 U.S.C. § 543(a)). The Receiver's authority to preserve the property shall be limited

5 as follows:
6 (i) The Receiver may continue to collect rents and other income;
7 (ii) The Receiver may make only those disbursements necessary to
8 preserve and protect the property;
9 (iii) The Receiver shall not execute any new leases or other long-term
10 contracts; and
11 (iv) The Receiver shall do nothing that would effect a material change
12 in the circumstances of the Receivership Property.
]3 (c) If the party who obtained the receivership fails to file a motion within 15
14 court days after its receipt of notice of the bankruptcy filing, the Receiver shall immediately turn
15 over the Receivership Property to comply with 11 United States Code section 543.
16 (d) The Receiver may petition the Court to retain legal counsel to assist the
17 Receiver with issues arising out of the bankruptcy proceedings that affect the receivership.
18 21. Receiver Certificates. The Receiver may issue Receivership Certificates in
19 increments of at least $5,000 bearing interest at eight percent (8%) per annum for up to $100,000
20 to any person or parties. All funds loaned to the Receiver pursuant to such Receivership
21 Certificate^) shall be deemed to be a lien of first priority which shall be repaid prior to all other
22 encumbrances and claims, other than costs of administration.
23 TEMPORARY RESTRAINING ORDER
24 IT IS FURTHER ORDERED that:
25 22. Pending further Order of this Court, NCA, NCA Financial, Columbia Credit,
26 Sahlbach and its officers, directors, agents, partners, property managers and employees, and all
27 other persons acting under, in concert with, or for them who have actual or constructive
28 knowledge of this Order, and their agents and employees shall not in any manner, directly or
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ORDER APPOINTING RECEIVER EXPARTE AND RELATED ORDERS

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indirectly:
(a) Commit or permit any waste of ihe Receivership Property or any pan

3 thereof, or suffer or commit or permit any act on the Receivership Property or any part thereof in

4 violation of law, or remove, transfer, encumber or otherwise dispose of any of the property or of

5 the Receivership Property or any part thereof;

6 (b) Directly or indirectly interfere in any manner with the discharge of the

7 Receiver's duties under this Order or the Receiver's possession of and operation or management

8 of the Receivership Property and the Receivership Companies;

9 (c) Expend, disburse, transfer, assign, sell, convey, devise, pledge, mortgage,
10 create a security interest in, encumber, conceal or in any manner whatsoever deal in or dispose of
11 the whole or any part of the Receivership Property without prior specific Court Order;
12 (d) Withhold any Receivership Property assets, books, records, or funds from

13 the Receiver; and

14 (e) Do any act which will, or which will tend to impair, defeat, divert, prevent
15 or prejudice the preservation of the Receivership Property.
16 23. Plaintiff, Defendants, and their officers, agents, directors, servants, employees,
17 salespersons, independent contractors, attorneys, corporations, subsidiaries, affiliates, successors,
18 and assigns, and all other persons or entities in active concert or participation with them, who
19 receive actual notice of this Order by personal service or otherwise, whether acting directly or
20 through any trust, corporation, subsidiary, division, or other device, or any of them, shall fully
21 cooperate with and assist the Receiver. This cooperation and assistance shall include, but not be
22 limited to:
23 (a) Providing any information to the Receiver that the Receiver deems
24 necessary to exercising the authority and discharging the responsibilities of the Receiver under
25 this Order;
26 (b) Providing all codes, keys, books, records documents, know-how, and

27 show-how that may be necessary or useful in connection with the use, operation or maintenance
28 of any of the computer systems, telephone systems, or intellectual property of the Receivership
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ORDER APPOINTING RECEIVER EX PARTE AND RELATED ORDERS

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1 Companies, including, without limitation, the Columbia Ultimate Business System (CUBS) and

2 the Peachiree Quantum system; or

3 (c) Advising all persons who owe money to the Receivership Companies that

4 all debts should be paid directly to the Receiver, if and when so directed by the Receiver.

5 24. The Receivership Companies, and their officers, agents, directors, servants,

6 employees, salespersons, independent contractors, attorneys, corporations, subsidiaries, affiliates,

7 successors, and assigns, and all other persons or entities in active concert or participation with

8 them, who receive actual notice of this Order by personal service or otherwise, whether acting

9 directly or through any trust, corporation, subsidiary, division, or other device, or any of them, are
10 hereby restrained and enjoined from directly or indirectly:
II (a) Transacting any of the business of the Receivership Companies that in any
12 way relates or pertains to the Receivership Property;
13 (b) Destroying, secreting, defacing, transferring, or otherwise altering or
14 disposing of any document of the Receivership Companies, including, but not limited to, books,
15 records, accounts, writings, drawings, graphs, charts, photographs, audio and video recordings,

16 computer records, and other data compilations, electronically-stored records, or any other records
17 of any kind or nature;
18 (c) Transferring, receiving, altering, selling, encumbering, pledging,
19 assigning, liquidating, or otherwise disposing of any Receivership Property owned, controlled, or
20 in the possession or custody of, or in which an interest is held or claimed by, the Receiver;
21 (d) Excusing debts owed to the Receivership Companies;
22 (e) Failing to notify the Receiver of any Receivership Property, including

23 accounts, whether or not held in the name of NCA or any other Receivership Company, or by any
24 person or entity, or failing to provide any assistance or information requested by the Receiver in
25 connection with obtaining possession, custody, or control of such Receivership Property;
26 (f) Doing any act or refraining from any act whatsoever to interfere with the
27 Receiver's taking custody, control, possession, or managing of Receivership Property; or to
28 harass or interfere with the Receiver in any way; or to interfere in any manner with the exclusive
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ORDER APPOINTING RECEIVER EXPARTE AND RELATED ORDERS
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1 jurisdiction of this Court over the Receivership Property; or to refuse to cooperate with the
2 Receiver or the Receiver's duly authorized agents in the exercise of their duties or authority under

3 any Order of this Court.

4 (g) Defendants, and each of them, and their directors, officers, agents,

5 employees, attorneys, and representatives are not enjoined from defending or resolving pending

6 any defensive litigation, including the present action and any other pending litigation not arising

7 out of or relating to the Receivership Property, provided that defendants do not offer or settle such
8 defensive litigation via payment of Receivership Property without prior written consent of the
9 Receiver.
10 SERVICE AND BRIEFING SCHEDULE
11 The Summons and Complaint, Plaintiff's ex parte Application, Memorandum of Points
12 and Authorities, this Order and all declarations and supporting papers are to be personally served

13 on each of the Receivership Companies no later than June 5, 2009, with proof of service to be
14 filed no later than 4:00 p.m. on June 9,2009.
15 Plaintiff shall file and serve supplemental pleadings in support of this Order to Show
16 Cause no later than June 10, 2009.

17 Defendants Shall file and serve supplemental pleadings in opposition to this Order to

18 Show Cause no later than June 17, 2009.

19 Any reply papers shall be filed by Plaintiff no later than June 23, 2009.
20 All pleadings shall be served by email or fax and by regular mail, with chambers copies
21 delivered to Department 54.
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1 A hearing on this Order to Show Cause is set for June 26, 2009, at 9:00 a.m. in Department 54 of
2 the above-entitled Court. Pursuant to Local Rule 3.04, the Court will males a tentative ruling on
3 the merits the court day before the hearing. If no party calls the Court and the opposing party by
4 4:00 p.m. the court day before the hearing, no hearing will be held.
5 IT IS SO ORDERED.
6 Dated- JUN -3 2009
7
8 Judge of the Supewor Court
9 Approved as to form: SHELLEYANNEWb
10 BENJAMIN LAW OFFICES
11
By:
12 Steven Benjamin
Attorneys for Defendants
13 National Credit Acceptance, Inc.,
NCA Financial Services, Inc. and
14 Columbia Credit Services, Inc.
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ORDER APPOINTING RECEIVER EX PARTE AND RELATED ORDERS