DIAZ v. FERNANDEZ

No. 94CA1719.

910 P.2d 96 (1995)

Roberto DIAZ a/k/a Robert Diaz and Roberto A. Diaz, individually, as a member of Den-Mex Limited Liability Company, a Colorado limited liability company, and derivatively, on behalf of Den-Mex Limited Liability Company; Sara Diaz a/k/a Sara F. Diaz, individually, as a member of Den-Mex Limited Liability Company, and derivatively, on behalf of Den-Mex Limited Liability Company; and Copa Cabana Night Club Corporation, a Colorado Corporation, Plaintiffs-Appellants, v. Manuel FERNANDEZ a/k/a Manuel I. Fernandez, individually, as a manager of Den-Mex Limited Liability Company, and d/b/a Mammoth Gardens, Mammoth Events Center, and Latino U.S.A.; Magaly Fernandez, individually, as a manager of Den-Mex Limited Liability Company, and d/b/a Mammoth Gardens, Mammoth Events Center, and Latino U.S.A.; and Den-Mex Limited Liability Company, a Colorado limited liability company; Mammoth Events, Inc., a Colorado corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

December 7, 1995.


Attorney(s) appearing for the Case

John P. Tracy, Boulder, for Plaintiffs-Appellants.

Mosley, Wells & McClain, LLC, Neil L. McClain, Michael P. Matthews, Regina T. Drexler, Denver, for Defendants-Appellees.


Opinion by Judge RULAND.

Pursuant to C.A.R. 1(a)(4), plaintiffs, Roberto and Sara Diaz, appeal from an order denying their motion for appointment of a receiver for defendant, Den-Mex Limited Liability Company (Den-Mex). We reverse and remand for further proceedings.

Plaintiffs hold a 49% interest in Den-Mex, a company which operates an FCC licensed radio station. Defendants, Manuel and Magaly Fernandez, hold a 51% interest in Den-Mex and act as the company...

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