Z-Spanish Radio Network, Inc. v. Diamond Radio, Inc.
The trial court appointed a receiver (Code Civ. Proc., 564 et seq.;[1]Cal. Rules of Court, rule 3.1175 et seq.[2]) to oversee the sale, pursuant to a court-supervised settlement ( 664.6), of defendant Diamond Radio, Inc. to Entravision Communications Corporation (successor to plaintiffs Z-Spanish Radio Network, Inc. and KZSA Broadcasting, Inc.). Upon completion of the task, the receiver -- The Beverly Group, Inc. -- filed a motion for approval of the final account and discharge. Intervener Paula Nelson (who was the sole shareholder of Diamond Radio) appeals from the order granting the receivers motion. The receiver filed a respondents brief. The other parties have not filed briefs in this court. Nelson contends (1) the receiver cannot be discharged because a dispute exists as to whether the receiver breached its fiduciary duty, causing harm to Nelson, and (2) the courts order exceeded the scope of its authority. Court affirm.
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