The Docket: Real estate lawsuit roundup for 6.30.22

Adams District Court

Casa Estates v. Reyes Home Improvement

The plaintiff, a mobile home park at 860 W. 132nd Ave. in Westminster, claims it paid the defendant $27,525 for work that the defendant did not do.

Attorneys: Aimee M. Bove and Benjamin M. Goldberg, Bove Law Offices

Filed: 6/20/2022

22cv30756

Arapahoe District Court

Muscanto LLC v. Havana Hookah LLC; Solomon Gebrit; Mehari T. Tafere; Yohannes T. Woldemariam; Ruth Feshaye

Lease dispute. Plaintiff says the defendant, a hookah lounge at 2222 S. Havana St. in Aurora, owes it $26,524 in unpaid rent and fees.

Attorneys: Michael D. Hepner

Filed: 6/17/2022

22cv31107

First Specialty Insurance Corporation; State of Colo Board of Land Commissioner; Westchester Surplus Lines Insurance Co; Lexington Insurance Company; Underwriters at Lloyds of London v. Cushman and Wakefield; Mc2 Electrical Contractors; Facilities Contracting

Plaintiffs claim the defendants failed to repair a faulty electrical room switch, which led to explosions that resulted in severe damage to a property insured by the plaintiffs at 5975 S. Quebec St. in Centennial. The plaintiffs seek $1.6 million.

Attorneys: Cheri MacArthur, Cozen O’Connor; Paul B. Hines, Denenberg Tuffley; Steven C. Swanson, Foran Glennon.

Filed: 6/22/2022

22cv31137

Hanna Shanes v. Sila Properties; Jeffrey Peterson

Plaintiff claims the defendants failed to obtain required permits and inspections for plumbing work at the plaintiff’s property. The plaintiff claims the defendants also took steps to actively hide these problems through the installation of new landscaping, new drywall and painting. The plaintiff seeks an undisclosed amount of money.

Attorneys: Chris G. Baumgartner, Agilis Legal P.C.

Filed: 6/22/2022

22cv31150

Kara Forshay v. ROI Proportunities; Alliance Real Estate Services; Maria Greene; Cindy Luke

Negligence and misrepresentation. Plaintiff claims the defendants failed to inform the plaintiff that improvements made to a purchased home, especially a deck, lacked the necessary permits. The plaintiff seeks $1 million.

Attorneys: Craig Franklin Chambers

Filed: 6/26/2022

22cv31171

Anne Metsala v. Waves Construction; David Vincent

Lease dispute. Plaintiff claims the defendants breached their lease by not providing notice of entry, disturbing her with construction noise, harassing her and her children, refusing to document payments and discriminating against her for her source of income.

Attorneys: Thomas W. Snyder, Kutak Rock LLP; Adam Rice and Ericka Welsh, Colorado Poverty Law Project

Filed: 6/27/2022

22cv31175

Denver District Court

Johnson Storage & Moving Co. Holdings LLC v. K4 Dev LLC, T2 Hospitality LLC, Sturdi Iron Inc., U.S. Bank National Association

Plaintiff says the defendant K4 Dev, owner of the Thompson Hotel at 1321 16th St. and 1616 Market St. in Denver, has refused to pay $120,834 for the plaintiff’s work there.

Attorneys: Max S. Stich, Tiemeier & Stich P.C.

Filed: 6/17/2022

Arco National Living Group LLC v. Golden Triangle Construction Inc.

The plaintiff, a general contractor at the Green Valley Ranch West Affordable Apartments and Clubhouse at 4857 and 4927 N. Salida St. in Denver, asks the court to substitute the defendant’s mechanic’s lien on the property for a $248,432 bond.

Attorneys: Joel D. Heusinger and Audrey R. Svane, Woods Aitken LLP

Filed: 6/20/2022

22cv31724

AK Inc. v. dba Super 99+ Cents, as successor-in-interest to MC&CY Inc. ! Colorado Natives Baseball LLC dba Colorado Natives Baseball; Craig J. Barela aka Craig Barela aka Craig J. Barela Sr. aka Craig Barela Sr.; Marcos S. Garcia aka Marcos Garcia

Lease dispute. Plaintiff says the defendant, Colorado Natives Baseball, owes $109,039 for its leasing of the property at 2155 Sheridan Blvd. in Denver.

Attorneys: Bill Peterson, Sarah Young, Jonathan Lebsack and Colin Ksobiech, Miller Cohen Peterson Young P.C.

Filed: 6/21/2022

22cv31741

Jennifer Capobianco; Angelo Capobianco v. Eugene W. Alderman; David Alderman; David Alderman Arts LLC

Lease dispute. Plaintiffs claim the defendants owe $65,023 for back rent at 2301 West 30th Ave. in Denver.

Attorneys: Cara Thornton, Fortis Law Partners LLC

Filed: 6/21/2022

22cv31745

JDL Federal LLC v. Amigo Foods LLC dba Asada Rico

Lease dispute. Plaintiff claims the defendant owes an undisclosed amount of money for back rent and other unpaid charges at 1600 Federal Blvd. in Denver.

Attorneys: Amanda H. Halstead, Mills Halstead & Zaloudek LLC

Filed: 6/22/2022

22cv31753

4x King Street LLC v. BRC Construction & Development LLC; Andrew Hopkins

Mechanic’s lien foreclosure. Plaintiff says it hired the defendant to construct duplex units at 1595 North King St., 1597 North King St., 1599 North King St. and 3524 West 16th Ave. in Denver but “the work was not completed in a timely or satisfactory manner.”

Attorneys: William F. Garcia and Brett D. Payton, Coan Payton & Payne LLC

Filed: 6/24/2022

22cv31775

Rolling Ridge Deck Home Inc. v. Martines Palmeiro Construction LLC; WC Vue West Owner VIII LLC fka GPIF DTC Multi LLC, a Delaware limited liability company; A+ Waterproofing & Sealants LLC; Wells Fargo Bank NA

Mechanic’s lien foreclosure. Plaintiff says it hasn’t been paid $97,475 for work on a multi-unit residential construction project at 4811 S. Niagara St. in Denver.

Attorneys: Theodore A. Wells and Mark Honhart, Allen & Curry P.C.

Filed: 6/24/2022

22cv31786

Douglas District Court

Darren Turco v. JINC Enterprises; Randall Buettner 

Plaintiff claims the defendants induced him to enter into a remodeling contract knowing they had no intention of finishing the project nor properly using plaintiff’s money to do so. Plaintiff further challenges the legitimacy of defendants’ mechanic’s lien because the defective work performed did not merit full payment. The plaintiff seeks $200,000.

Attorneys: Sarah J. Auchterlonie and Jessica M. Allison, Brownstein Hyatt Farber Schreck LLP

Filed: 6/24/2022

22cv30447

John Cornell; Debbie Cornell v. LC Construction and Development; Justin Ballard

Plaintiffs claim the defendants concealed and misrepresented material facts to induce the plaintiffs to trust them to perform construction work, then refused to return unearned money. The plaintiffs seek $53,000.

Attorneys: Lawrence G. Katz, Foster Graham Milstein & Calisher LLP

Filed: 6/27/2022

22cv30451

Steve Dorsey; Stacie Dorsey v. ABR Construction Services; Raul Beltran; Andria Porras

Plaintiffs claim the defendants accepted money from the plaintiffs for projects, failed to perform the work and then refused to return the money paid. They seek $24,000.

Attorneys: Benjamin E. Currier

Filed: 6/27/2022

22cv30453

Kara Overman; Russell Overman v. Burke Construction and Design; Shane Burke

Plaintiffs claim they hired the defendants to do work at 9653 Chanteclair Circle in Highlands Ranch, “paid the defendants upwards of $31,000 and got very little work in return. What work that was performed was defective.”

Attorneys: Christopher P. Kenney

Filed: 6/28/2022

22cv30458

Jefferson District Court

Cynthia Pinkstaff; Dale Pinkstaff v. HGL Roofing And Remodeling; Home Grown Living By HGL; SCD Contracting; Sal Quinones; Henrey Lopez

Contract dispute. Plaintiffs allege the defendants failed to properly complete a project for the plaintiffs, including by using defective concrete. The plaintiffs seek $51,650.

Attorneys: Jennifer L. Lorenz, Dietze and Davis P.C.

Filed: 6/23/2022

22cv30712

U.S. District Court for the District of Colorado

Allstate Insurance Company v. River Cliff Realty LLC; Erika Joye

The plaintiff claims that it has no duty to defend or indemnify River Cliff Realty in a Boulder County District Court case, Joye v. River Cliff Realty LLC, in which Joye claims that River Cliff Realty improperly charged her thousands of dollars of unlawful penalties and late fees as the managing agent for 382 residential rental properties in Colorado.

Attorneys: Bradley D. Tucker and Robert S. Hunger, Tucker Holmes P.C.

Filed: 6/22/2022

1:22cv1545

Adams District Court

Casa Estates v. Reyes Home Improvement

The plaintiff, a mobile home park at 860 W. 132nd Ave. in Westminster, claims it paid the defendant $27,525 for work that the defendant did not do.

Attorneys: Aimee M. Bove and Benjamin M. Goldberg, Bove Law Offices

Filed: 6/20/2022

22cv30756

Arapahoe District Court

Muscanto LLC v. Havana Hookah LLC; Solomon Gebrit; Mehari T. Tafere; Yohannes T. Woldemariam; Ruth Feshaye

Lease dispute. Plaintiff says the defendant, a hookah lounge at 2222 S. Havana St. in Aurora, owes it $26,524 in unpaid rent and fees.

Attorneys: Michael D. Hepner

Filed: 6/17/2022

22cv31107

First Specialty Insurance Corporation; State of Colo Board of Land Commissioner; Westchester Surplus Lines Insurance Co; Lexington Insurance Company; Underwriters at Lloyds of London v. Cushman and Wakefield; Mc2 Electrical Contractors; Facilities Contracting

Plaintiffs claim the defendants failed to repair a faulty electrical room switch, which led to explosions that resulted in severe damage to a property insured by the plaintiffs at 5975 S. Quebec St. in Centennial. The plaintiffs seek $1.6 million.

Attorneys: Cheri MacArthur, Cozen O’Connor; Paul B. Hines, Denenberg Tuffley; Steven C. Swanson, Foran Glennon.

Filed: 6/22/2022

22cv31137

Hanna Shanes v. Sila Properties; Jeffrey Peterson

Plaintiff claims the defendants failed to obtain required permits and inspections for plumbing work at the plaintiff’s property. The plaintiff claims the defendants also took steps to actively hide these problems through the installation of new landscaping, new drywall and painting. The plaintiff seeks an undisclosed amount of money.

Attorneys: Chris G. Baumgartner, Agilis Legal P.C.

Filed: 6/22/2022

22cv31150

Kara Forshay v. ROI Proportunities; Alliance Real Estate Services; Maria Greene; Cindy Luke

Negligence and misrepresentation. Plaintiff claims the defendants failed to inform the plaintiff that improvements made to a purchased home, especially a deck, lacked the necessary permits. The plaintiff seeks $1 million.

Attorneys: Craig Franklin Chambers

Filed: 6/26/2022

22cv31171

Anne Metsala v. Waves Construction; David Vincent

Lease dispute. Plaintiff claims the defendants breached their lease by not providing notice of entry, disturbing her with construction noise, harassing her and her children, refusing to document payments and discriminating against her for her source of income.

Attorneys: Thomas W. Snyder, Kutak Rock LLP; Adam Rice and Ericka Welsh, Colorado Poverty Law Project

Filed: 6/27/2022

22cv31175

Denver District Court

Johnson Storage & Moving Co. Holdings LLC v. K4 Dev LLC, T2 Hospitality LLC, Sturdi Iron Inc., U.S. Bank National Association

Plaintiff says the defendant K4 Dev, owner of the Thompson Hotel at 1321 16th St. and 1616 Market St. in Denver, has refused to pay $120,834 for the plaintiff’s work there.

Attorneys: Max S. Stich, Tiemeier & Stich P.C.

Filed: 6/17/2022

Arco National Living Group LLC v. Golden Triangle Construction Inc.

The plaintiff, a general contractor at the Green Valley Ranch West Affordable Apartments and Clubhouse at 4857 and 4927 N. Salida St. in Denver, asks the court to substitute the defendant’s mechanic’s lien on the property for a $248,432 bond.

Attorneys: Joel D. Heusinger and Audrey R. Svane, Woods Aitken LLP

Filed: 6/20/2022

22cv31724

AK Inc. v. dba Super 99+ Cents, as successor-in-interest to MC&CY Inc. ! Colorado Natives Baseball LLC dba Colorado Natives Baseball; Craig J. Barela aka Craig Barela aka Craig J. Barela Sr. aka Craig Barela Sr.; Marcos S. Garcia aka Marcos Garcia

Lease dispute. Plaintiff says the defendant, Colorado Natives Baseball, owes $109,039 for its leasing of the property at 2155 Sheridan Blvd. in Denver.

Attorneys: Bill Peterson, Sarah Young, Jonathan Lebsack and Colin Ksobiech, Miller Cohen Peterson Young P.C.

Filed: 6/21/2022

22cv31741

Jennifer Capobianco; Angelo Capobianco v. Eugene W. Alderman; David Alderman; David Alderman Arts LLC

Lease dispute. Plaintiffs claim the defendants owe $65,023 for back rent at 2301 West 30th Ave. in Denver.

Attorneys: Cara Thornton, Fortis Law Partners LLC

Filed: 6/21/2022

22cv31745

JDL Federal LLC v. Amigo Foods LLC dba Asada Rico

Lease dispute. Plaintiff claims the defendant owes an undisclosed amount of money for back rent and other unpaid charges at 1600 Federal Blvd. in Denver.

Attorneys: Amanda H. Halstead, Mills Halstead & Zaloudek LLC

Filed: 6/22/2022

22cv31753

4x King Street LLC v. BRC Construction & Development LLC; Andrew Hopkins

Mechanic’s lien foreclosure. Plaintiff says it hired the defendant to construct duplex units at 1595 North King St., 1597 North King St., 1599 North King St. and 3524 West 16th Ave. in Denver but “the work was not completed in a timely or satisfactory manner.”

Attorneys: William F. Garcia and Brett D. Payton, Coan Payton & Payne LLC

Filed: 6/24/2022

22cv31775

Rolling Ridge Deck Home Inc. v. Martines Palmeiro Construction LLC; WC Vue West Owner VIII LLC fka GPIF DTC Multi LLC, a Delaware limited liability company; A+ Waterproofing & Sealants LLC; Wells Fargo Bank NA

Mechanic’s lien foreclosure. Plaintiff says it hasn’t been paid $97,475 for work on a multi-unit residential construction project at 4811 S. Niagara St. in Denver.

Attorneys: Theodore A. Wells and Mark Honhart, Allen & Curry P.C.

Filed: 6/24/2022

22cv31786

Douglas District Court

Darren Turco v. JINC Enterprises; Randall Buettner 

Plaintiff claims the defendants induced him to enter into a remodeling contract knowing they had no intention of finishing the project nor properly using plaintiff’s money to do so. Plaintiff further challenges the legitimacy of defendants’ mechanic’s lien because the defective work performed did not merit full payment. The plaintiff seeks $200,000.

Attorneys: Sarah J. Auchterlonie and Jessica M. Allison, Brownstein Hyatt Farber Schreck LLP

Filed: 6/24/2022

22cv30447

John Cornell; Debbie Cornell v. LC Construction and Development; Justin Ballard

Plaintiffs claim the defendants concealed and misrepresented material facts to induce the plaintiffs to trust them to perform construction work, then refused to return unearned money. The plaintiffs seek $53,000.

Attorneys: Lawrence G. Katz, Foster Graham Milstein & Calisher LLP

Filed: 6/27/2022

22cv30451

Steve Dorsey; Stacie Dorsey v. ABR Construction Services; Raul Beltran; Andria Porras

Plaintiffs claim the defendants accepted money from the plaintiffs for projects, failed to perform the work and then refused to return the money paid. They seek $24,000.

Attorneys: Benjamin E. Currier

Filed: 6/27/2022

22cv30453

Kara Overman; Russell Overman v. Burke Construction and Design; Shane Burke

Plaintiffs claim they hired the defendants to do work at 9653 Chanteclair Circle in Highlands Ranch, “paid the defendants upwards of $31,000 and got very little work in return. What work that was performed was defective.”

Attorneys: Christopher P. Kenney

Filed: 6/28/2022

22cv30458

Jefferson District Court

Cynthia Pinkstaff; Dale Pinkstaff v. HGL Roofing And Remodeling; Home Grown Living By HGL; SCD Contracting; Sal Quinones; Henrey Lopez

Contract dispute. Plaintiffs allege the defendants failed to properly complete a project for the plaintiffs, including by using defective concrete. The plaintiffs seek $51,650.

Attorneys: Jennifer L. Lorenz, Dietze and Davis P.C.

Filed: 6/23/2022

22cv30712

U.S. District Court for the District of Colorado

Allstate Insurance Company v. River Cliff Realty LLC; Erika Joye

The plaintiff claims that it has no duty to defend or indemnify River Cliff Realty in a Boulder County District Court case, Joye v. River Cliff Realty LLC, in which Joye claims that River Cliff Realty improperly charged her thousands of dollars of unlawful penalties and late fees as the managing agent for 382 residential rental properties in Colorado.

Attorneys: Bradley D. Tucker and Robert S. Hunger, Tucker Holmes P.C.

Filed: 6/22/2022

1:22cv1545

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