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ROSE GOODYEAR PROPERTIES v. NBA ENTERPRISES

No. 1 CA-CV 12-0484.

332 P.3d 86 (2014)

ROSE GOODYEAR PROPERTIES, LLC, an Arizona limited liability company, Plaintiff/Appellant, v. NBA ENTERPRISES LIMITED PARTNERSHIP, an Arizona limited partnership; King Cotton, Inc., an Arizona corporation; Hohokam Acres Limited Partnership, an Arizona limited partnership; Hohokam Sun, LLC, an Arizona limited liability company; and Hanba, LLC, an Arizona limited liability company, Defendants/Appellees, and Abel Commercial Ventures, LLC, an Arizona limited liability company, Nominal Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

August 5, 2014.

Attorney(s) appearing for the Case

The Rose Law Group, P.C., By Samuel J. Doncaster, Scottsdale, for Plaintiff/Appellant.

McCabe O'Donnell, P.A., By Joseph I. McCabe, Clifford J. Roth, Phoenix, Counsel for Defendants/Appellees.

Simbro & Stanley, PLC, by Robert P. Simbro, Scottsdale, for Nominal Defendant/Appellee.

Judge RANDALL M. HOWE delivered the opinion of the Court, in which Presiding Judge PETER B. SWANN and Chief Judge DIANE M. JOHNSEN joined.

OPINION

HOWE, Judge:

¶ 1 This case addresses two issues: first, the capacity of a dissolved limited liability company ("LLC") to sue to collect its assets; second, the requirements that a member of an LLC must satisfy before filing a derivative action on behalf of an LLC. We hold that a dissolved LLC has the capacity to sue to collect its assets as part of its efforts to wind up its business and affairs. We also hold that before a member of an LLC can...

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