Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. NC050853
ORDER MODIFYING OPINION
EPSTEIN, P. J., WILLHITE, J., SUZUKAWA, J.
On the court’s own motion, the opinion filed on August 27, 2009 is modified as follows:
1. In first full paragraph of page 17 after the phrase “(See fn. 12, ante.)” add the following text:
“Because we set aside the order appointing the receiver, the receivership must be terminated. The receiver is an agent of the trial court, with powers defined by the order of appointment and any supplemental orders. (See Cal. Rules of Court, rule 3.1179 and § 568.) To clarify the receiver’s duties in light of our disposition of this appeal, and to avoid the placing of competing demands on the receiver by the parties, we order that upon the filing of the remittitur in this case, the receivership is to be terminated under the supervision of the trial court by issuing appropriate instructions to the receiver, including instructions for the presentation of the receiver’s final account and report as required by California Rules of Court, rule 3.1184.”
2. In the first full paragraph of page 17 before the sentence “The parties are to bear their own costs on appeal” add the following text:
“Upon issuance of the remittitur in this appeal, the trial court shall supervise the termination of the receivership by issuing appropriate instructions to the receiver, including instructions for the presentation of the receiver’s final account and report as required by California Rules of Court, rule 3.1184.”
This modification constitutes a change in the judgment.