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Cindy Canto removal — payment consignation proceeding timeline

Source: CM tenant mail thread "Follow-up on payment consignation matter (Cindy shareholder action)" + interleaved "Return of RHG Shares - Formal timestamp" thread, mined 2026-05-08 after M365 connectivity stood up.

Surface only. This file captures dates and procedural posture; it is not a legal-quality analysis of the underlying matter. Anything here is Claude's reading of Portilla emails, paraphrased; for advisor-facing use, pull the underlying messages from the CM tenant directly.

Why she's being removed (substantive grounds)

Per Austin (direct, 2026-05-09), the corporation is removing Cindy on substantive illegal-acts grounds:

  • Threats against Austin and employees (verbal / written).
  • Illegal transfers of retreat-booking funds to her personal account during her tenure as hotel manager.
  • Embezzlement more broadly.

She quit before she was fired (Austin direct), and did not receive any separation payout — earlier repo inferences to the contrary (based on the Dec 15, 2025 wire memo "RNIE FINES AND CINDY PAYO") were wrong and have been corrected in the linked accounting files.

The bookkeeping disarray during her tenure (which JME's 2025 back-tax catch-up work cleaned up) is downstream of the underlying fraud, not a separate operational complaint.

What the proceeding is

A Mexican Civil-Code payment consignation (consignación de pago): RHG formally tenders MXN $500 (Cindy's capital fijo) into the court so that her shareholder claim against the company is legally satisfied regardless of whether she cooperates. Required by RHG's bylaws as the mechanism for retiring a member's share. Once consignation is concluded, RHG can complete the cap-table cleanup and proceed with the SA→S. de R.L. de C.V. conversion without her on the rolls.

The consignation is the procedural mechanism — the substantive grounds for removal are the illegal acts above. The bylaws require a formal payment consignation regardless of grounds; that's why the court process is happening even though the underlying basis is fraud rather than a clean operational separation.

Three terminal outcomes per Diego Alcantara (Portilla), 2026-04-29: 1. Cindy appears + accepts — proceeding closes, obligation satisfied. 2. Cindy no-shows — Court certifies her absence, leaves the payment certificate at her disposal, obligation deemed fully satisfied. 3. Cindy appears + refuses — Court reserves her right to pursue separate claims, but RHG's payment obligation is still fully satisfied.

In all three, the consignation is sufficient to remove her from the cap table.

Cast

RHG / Casa Moksha side: - Austin Renfroe ([email protected]) — principal, RHG majority shareholder. - Alexandra "Alex" Snider ([email protected]) — Head of Operations, Casa Moksha. Day-to-day coordination with Portilla, executes signatures locally in Tulum. (Note: previously catalogued in context/people.md as "Alex Snider Advisory" — that's her billing LLC; her actual role at Casa Moksha is Head of Operations.)

Portilla, Ruy-Díaz y Aguilar S.C. (PR&A) — Mexico City: - Diego Alcantara ([email protected]) — primary contact / lead attorney on the matter. - Luisa Rascón ([email protected]) — attorney, CC'd. - Luis Miguel Reyes ([email protected]) — attorney, CC'd; handles parallel "Return of RHG Shares" thread. - Luis Alberto Lara Zavala ([email protected]) — attorney, CC'd. - Mary Infante ([email protected]) — billing. - Valdespino ([email protected]) — partner CC. - René — non-attorney staff who handles in-person courthouse trips (Yucatán court runs).

Cindy: - Cindy Canto / Cindy Rebeca Vargas Villanueva ([email protected]) — former Casa Moksha hotel manager, fraudulently put herself on RHG cap table at 1% / MXN $500 capital fijo without authorization.

Timeline (events, not yet projection)

Date Event
2026-03-26 → 2026-04-22 "Return of RHG Shares - Formal timestamp" thread runs in parallel — Portilla preparing the formal share-return paperwork that triggers the consignation. Multiple back-and-forths.
2026-03-28 Cindy escalation. Austin sends Cindy a "final opportunity to retrieve your vehicle" notice (her Porsche Cayenne has been parked at Casa Moksha for ~2 years, blocking access). Cindy responds with a hostile email (subject "Re: Final opportunity to pay me"; another labeled "PAY 💰 ME WHAT YOU OWE"). She demands salary, expenses, equipment, and damages for "mental anguish from illness acquired working at Casa Moksha." Refuses Austin's vehicle-retrieval terms. Negotiated settlement is ruled out at this point.
2026-04-17 Yucatán court order published (the publication that started this email thread).
2026-04-20 Letter rogatory to Yucatán court from Quintana Roo court (Cindy's only known address is in Mérida, Yucatán per her CSF tax certificate). Court issues an order; content not available remotely; René must travel to review in person.
2026-04-22 Diego Alcantara emails Alex requesting authorization for René's Yucatán trip.
2026-04-23 Service attempted at "Calle 49F #393, Fraccionamiento Francisco de Montejo, C.P. 97203, Mérida, Yucatán" — FAILED. Process server's report (obtained later) shows the actual subdivision is "Francisco de Montejo II", not "Francisco de Montejo" as listed in Cindy's CSF. Typo in her tax certificate broke service.
2026-04-27 Alex pushes back on Portilla re: unbudgeted Yucatán trips: "hundreds of dollars to handle a 500 MXN share consignation" — asks for full step-list to closure.
2026-04-28 Austin echoes Alex's request — wants explicit timeline.
2026-04-29 Diego responds with three-outcome framework (appears+accepts / no-show / appears+refuses) and notes that if service can't complete at the Mérida address, next step is court-ordered address searches via SAT/IMSS/voter-roll authorities. If that fails, service-by-newspaper-publication.
2026-04-30 Diego provides full timeline through July 2026 (see "Projected timeline" below).
2026-05-04 Austin restates the timeline back; Diego confirms it captures the next steps.
2026-05-06 René in person at Yucatán court — discovers the Francisco de Montejo II address typo from the process server's report.
2026-05-07 Diego sends the "address typo" update + drafts a motion to re-attempt service at the corrected address.
2026-05-09 Yucatán Court formally publishes acknowledgment of the unsuccessful service attempt. Diego sends final motion to Alex for execution; awaiting 3 originals + René pickup + filing. Current state.

Projected timeline (per Diego, 2026-04-30; confirmed by Austin 2026-05-04)

Subject to variation depending on Cindy's responsiveness, address-search outcomes, etc.

  1. Re-attempt service at corrected Mérida address (May 8–11, 2026) — pending court formally acknowledging the unsuccessful first attempt. We are here.
  2. Yucatán court response (May 18–29, 2026) — ~2-3 weeks after motion filing.
  3. Exhorto returned to Quintana Roo court (week of June 1–5, 2026) — regardless of outcome.
  4. Determine outcome of service attempt (early June 2026) — decision point.

If Cindy was served: - 5A. Request court date for Cindy to collect payment certificate (week of June 1–5). - 6A. Court sets appearance date (June 15–26). - 7A. Payment obligation deemed satisfied (late June 2026) — regardless of whether she appears, no-shows, or refuses.

If Cindy was NOT served: - 5B. Request issuance of official address-search letters (week of June 1–5) — to SAT, IMSS, voter rolls, etc. - 6B. Court authorization (June 15–26). - 7B. Process and deliver authorized requests (late June / early July). - 8B. Receive authority responses; identify additional possible addresses (by July 2026). Each new address triggers a fresh letter rogatory; if no addresses surface, fall back to service by publication in widely circulated newspapers (more cost, more time).

Connections to other workstreams

  • RHG SA → S. de R.L. de C.V. conversion is downstream of the Cindy removal — the conversion paperwork needs a clean cap table.
  • Casa Moksha LLC + Casa Moksha Holdings LLC (US TX, formed Oct 2025) are the two-member US owners that will hold RHG MX post-conversion. Activation expected 2026 once consignation closes and conversion files.
  • Mexican-tax NOL through 2025 = MXN 5,849,360 (per JME's 2026-05-08 packet) — preservation through SA→S. de R.L. de C.V. conversion is separately queued for advisor input (todo/jme-questions-2026-04-29.md).
  • Cindy's actual economic stake is ~$25 USD (capital fijo MXN $500 at current FX). The 46.7M MXN capital variable is 100% Austin per JME's 2nd packet. Removing her is paperwork, not buyout of meaningful equity.

Open items

  • Alex executes 3 originals of Portilla's re-service motion → René picks up → files in Yucatán. Active as of 2026-05-09.
  • The "Return of RHG Shares - Formal timestamp" thread is interleaved but distinct — represents the substantive share-return paperwork Cindy was asked to sign back when negotiated path was still open. May or may not still be relevant; not yet read in full. Worth a separate pass if relevant to the consignation outcome.
  • Track Portilla billing on this matter — debit notes from [email protected] flow to RFH; Alex has flagged that costs are mounting relative to the ~MXN $500 share value.