Estate of Leon CA1/5

Filed 9/5/24 Estate of Leon CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

ESTATE OF MIKE ANGEL LEON, Deceased.

EVELIA ROJAS LEON, as Administrator, etc., A167656 Petitioner and Respondent, (City & County of San Francisco v. Super. Ct. No. PES-20-303566) SAN FRANCISCO EAGLE BAR LLC, Objector and Appellant.

Defendant San Francisco Eagle Bar LLC (LLC) appeals the trial court’s order granting the motion of plaintiff and respondent estate of Mike Angel Leon (Estate) for appointment of a receiver. The LLC contends that the court abused its discretion in granting the order because the appointment was not supported by the evidence in the record. We disagree and affirm. I. BACKGROUND A. Facts Decedent Mike Angel Leon and Jesus Alejandro Montiel were equal owners and members of the LLC. The LLC has operated the San Francisco Eagle Bar (bar) since approximately 2012. Montiel claimed that shortly after

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the bar opened, Leon “showed little interest in the bar operations” and often did not have the funds to pay his portion of the bar’s expenses and bills. According to Montiel, he paid approximately $135,000 to cover Leon’s portion of the expenses over the years and Leon never paid him back. Eventually, Montiel suggested that Leon sell his 50 percent interest in the LLC to him. Montiel recalled that he and Leon agreed to meet in April 2018 “to come to a buyout agreement” which would include a credit for the amount Montiel paid over the years on Leon’s behalf. Leon did not show up to the meeting and left Montiel a note stating that he was seeking legal counsel and that Montiel should not contact him directly. In September 2018, Leon filed a complaint for involuntary dissolution of the LLC and for partition of its assets.1 In October 2018, Montiel filed paperwork with the Secretary of State to form the corporation, San Francisco Eagle Bar, Inc. There is nothing in the record indicating that this paperwork mentioned Leon. In January 2019, Montiel filed a cross-complaint against Leon for declaratory relief and breach of the LLC’s operating agreement. In May 2019, Leon unexpectedly died. In September 2019, Montiel dissolved the LLC. For the tax years 2019 and 2020, Montiel filed tax forms on behalf of the LLC which claimed that Leon was still a 50 percent owner and partner in the LLC despite his death.2 In March 2020, Leon’s mother opened probate and was thereafter appointed the administrator of the Estate. In October 2020, the Estate’s attorney contacted Montiel to inform him of this appointment and to request copies of the LLC’s business and tax records in order to establish the LLC’s