Does the receiver of a property that is not subject to a deed of trust, including a liquor license, have the right to use the personal property other than the liquor license?

California, United States of America


The following excerpt is from Turner v. Superior Court, 140 Cal.Rptr. 475, 72 Cal.App.3d 804 (Cal. App. 1977):

6 It appears the personal property (other than the liquor license) which is not subject to the deed of trust is being used by the receiver with the permission of those who have an interest therein. Though the record before us is unclear in this regard, it would appear that the owner or owners thereof would be entitled to compensation from the receiver for the use of that property. (Baumann v. Harrison, supra, 46 Cal.App.2d 73, 80--81, 115 P.2d 523 (hg. den.) The conditions under which the liquor license is being used are unclear and subject to further judicial proceedings now in progress.

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