Jun

*119 Opinion

William Jun purchased inventory and furniture from Michael Myers, a receiver 1 in a civil action to which Jun was not a party. Several months after the purchase, Jun claimed to have discovered the assets he purchased were not as represented. He filed a motion seeking leave to sue receiver either in that action or in a separate lawsuit. The motion was denied. Jun made a subsequent motion to intervene in that action, which motion was also denied. This appeal is a consolidation of Jun’s separate appeals from the denial of his motions to sue and to intervene.

Jun contends that: (1) dismissal of the action before receiver’s final account and discharge did not operate to terminate the receivership, render the motion to intervene untimely, or deprive the trial court of jurisdiction to permit Jun to sue receiver for claims relating to his conduct as receiver, and (2) the trial court did not have discretion to deprive Jun of the right to sue the receiver by deciding the merits of his claim.

We reverse.

Factual and Procedural Background

Imperial Bank filed an action against Italian Classics, Inc., seeking to recover on a note and guarantee. The trial court appointed…