The Docket: Real estate lawsuit roundup for 7.1.21

Adams District Court

Trans Lease Inc. v. Ground Zero Construction Inc.; Jamie D. Garman; and Rodney E. Garman

Defendant leased construction equipment as of Dec. 31, 2019, now owing $732,320.72.

Attorneys: Harry L. Simon

Filed: 6/15/2021

21cv30698 

Alexander Koch v. Griffis Group of Companies LLC d/b/a Griffis Residential

Contract class action and lease. Defendant wrongly charged up to $355 in fees against plaintiff and other similarly situated tenants.

Attorneys: Jason Legg and Scott Cadiz of Cadiz Law

Filed: 6/22/2021

21cv30718

Arapahoe District Court

Sunbelt Rentals Inc., a North Carolina corporation v. K&F Excavating LLC; Kerry Stanley; PS Mountain West LLC; Triad Retail Construction Inc.; and Forterra Inc.

Mechanic’s lien foreclosure, $26,000, at 15600 E. Mississippi Ave., Aurora, over failure to pay for rented construction equipment.

Attorneys: William Eikenberry of Darling Milligan

Filed: 6/17/2021

21cv31066

Parker Road Campus LLC v. Production Media Company d/b/a The Ferraro Group Corp.; and Jennifer Ferraro

Defendant leased property at The Marketplace on South Parker Road, Aurora, and vacated the premises at the end of the term April 30, 2021, owing $22,092.02 for February through April.

Attorneys: Donald Farlow of Burns Wall and Mueller

Filed: 6/18/2021

21cv31074

Parker Road Campus LLC v. The Hollie Agency LLC and Corinna Hollie

Defendant leased property for $4,987 per month at The Marketplace on South Parker Road, Aurora, expiring Feb. 29, 2024, vacated the premises in October 2020 and ceased paying rent and other sums due, currently owing $42,001.44.

Attorneys: Donald Farlow of Burns Wall and Mueller

Filed: 6/24/2021

21CV31111

Denver District Court

Wiggs Custom Homes LLC v. JKC Realty Holdings LLC

Contract and good faith. Defendants allowed the daughter of a manager to live in one of plaintiff’s brand new homes, reducing “the value and marketability of the home.” If the property had been listed for sale and properly marketed in the summer or fall of 2020, plaintiff says it would have received at least $200,000 as its share of profits.

Attorneys: Sheri Roswell and Steven L. Heisdorffer of Higgins, Hopkins, McLain & Roswell

Filed: 6/17/2021

21cv31938

RiNo TOD LLC v. Efni Inc., a Delaware corporation

Defendant leased office space at 3501 Wazee St., Denver, beginning about June 26, 2018, and has defaulted, voluntarily surrendering the premises as of May 13, 2021, which was prior to the scheduled expiration of the lease, and owing $97,536.70 as of June 1, 2021.
Attorneys: Christopher Dawes and Risa B. Brown of Fox Rothschild

Filed: 6/17/2021

21cv31931

Crystal James v. Super Simple Property Management and Dave Eilrick

Plaintiff says she signed a property management agreement in January 2017 with Eilrick for her property at 7920 Greenwood Blvd., Denver, with Eilrick obtaining tenant payments and issuing payments to her after deducting an 8 percent property management fee. Plaintiff says she is owed outstanding rental proceeds of $45,490.00.

Attorneys: Jennifer D. Henley of Robinson & Henry

Filed: 6/21/2021

21cv31961

Fadi Michael v. James J. Andrioff; Mark Gutentag; Estate of Tobias Elsass; and Hashem Amer

Fraud and misrepresentation. Defendants induced plaintiff to invest in a warehouse holding company, then sold the property and assets without his knowledge.

Attorneys: JR. Parker Semler and James L. French of Parker Semler

Filed: 6/23/2021

21cv31991

RINO 1 LLC v. Collaborative Network 4 Clinical Excellence Inc., a Delaware corporation d/b/a Cliexa Inc.; and Mehmet Kazgan

Defendant leased premises at 3513 Brighton Blvd., Suite 520, Denver, on/about Sept. 1, 2018, defaulted, and ultimately vacated the premises. On or about April 13, 2021, the parties executed a settlement agreement, plaintiff says, by which defendant would pay $34,411.15 in seven monthly payments, but defendant has failed to make any payments.

Attorneys: Bill Kyriagis and David A. Brewster of Otten, Johnson, Robinson, Neff & Ragonetti

Filed: 6/23/2021

21cv31987

Jefferson District Court

Cardinia Real Estate LLC v. Belmar Commercial Owner, LP

Plaintiff leases 91,004 square feet in the Belmar Shopping District across multiple buildings in the center, and says Belmar’s representation regarding the 2016 tax base was false when it executed the ninth amendment to the lease on June 10, 2016, and defendant failed to provide timely notice of taxes and assessments, violating its obligation in years 2017, 2018 and 2019. Plaintiff says Belmar never provided it with a  notice of valuation for the buildings for tax years 2016-2020, and had it done so, plaintiff would have timely elected to exercise its rights to compel Belmar to contest certain taxes ­– which for one parcel increased 153 percent – under Section 4.9 of the lease. Plaintiff seeks damages at trial.

Attorneys: Mark T. Barnes of Chipman Glasser

6/16/2021

21cv30656

Larimer District Court

Pawnee Leasing Corporation v. Staci Robinson, individually and d/b/a Subway

Defendant owes $72,500 for an equipment finance and loan agreement.

Attorneys: Harry L. Simon

Filed: 6/28/2021

21CV30459

U.S. District Court-Colorado

NGC Development, a Florida LLC v. Kim J. Seter; and Seter & Vander Wall PC

Legal malpractice. Defendants represented two clients with conflicting interests, resulting in plaintiff losing a 15-acre parcel of land.

Attorneys: Ross Pulkrabek

Filed: 6/25/2021

1:21 CV 1746

Adams District Court

Trans Lease Inc. v. Ground Zero Construction Inc.; Jamie D. Garman; and Rodney E. Garman

Defendant leased construction equipment as of Dec. 31, 2019, now owing $732,320.72.

Attorneys: Harry L. Simon

Filed: 6/15/2021

21cv30698 

Alexander Koch v. Griffis Group of Companies LLC d/b/a Griffis Residential

Contract class action and lease. Defendant wrongly charged up to $355 in fees against plaintiff and other similarly situated tenants.

Attorneys: Jason Legg and Scott Cadiz of Cadiz Law

Filed: 6/22/2021

21cv30718

Arapahoe District Court

Sunbelt Rentals Inc., a North Carolina corporation v. K&F Excavating LLC; Kerry Stanley; PS Mountain West LLC; Triad Retail Construction Inc.; and Forterra Inc.

Mechanic’s lien foreclosure, $26,000, at 15600 E. Mississippi Ave., Aurora, over failure to pay for rented construction equipment.

Attorneys: William Eikenberry of Darling Milligan

Filed: 6/17/2021

21cv31066

Parker Road Campus LLC v. Production Media Company d/b/a The Ferraro Group Corp.; and Jennifer Ferraro

Defendant leased property at The Marketplace on South Parker Road, Aurora, and vacated the premises at the end of the term April 30, 2021, owing $22,092.02 for February through April.

Attorneys: Donald Farlow of Burns Wall and Mueller

Filed: 6/18/2021

21cv31074

Parker Road Campus LLC v. The Hollie Agency LLC and Corinna Hollie

Defendant leased property for $4,987 per month at The Marketplace on South Parker Road, Aurora, expiring Feb. 29, 2024, vacated the premises in October 2020 and ceased paying rent and other sums due, currently owing $42,001.44.

Attorneys: Donald Farlow of Burns Wall and Mueller

Filed: 6/24/2021

21CV31111

Denver District Court

Wiggs Custom Homes LLC v. JKC Realty Holdings LLC

Contract and good faith. Defendants allowed the daughter of a manager to live in one of plaintiff’s brand new homes, reducing “the value and marketability of the home.” If the property had been listed for sale and properly marketed in the summer or fall of 2020, plaintiff says it would have received at least $200,000 as its share of profits.

Attorneys: Sheri Roswell and Steven L. Heisdorffer of Higgins, Hopkins, McLain & Roswell

Filed: 6/17/2021

21cv31938

RiNo TOD LLC v. Efni Inc., a Delaware corporation

Defendant leased office space at 3501 Wazee St., Denver, beginning about June 26, 2018, and has defaulted, voluntarily surrendering the premises as of May 13, 2021, which was prior to the scheduled expiration of the lease, and owing $97,536.70 as of June 1, 2021.
Attorneys: Christopher Dawes and Risa B. Brown of Fox Rothschild

Filed: 6/17/2021

21cv31931

Crystal James v. Super Simple Property Management and Dave Eilrick

Plaintiff says she signed a property management agreement in January 2017 with Eilrick for her property at 7920 Greenwood Blvd., Denver, with Eilrick obtaining tenant payments and issuing payments to her after deducting an 8 percent property management fee. Plaintiff says she is owed outstanding rental proceeds of $45,490.00.

Attorneys: Jennifer D. Henley of Robinson & Henry

Filed: 6/21/2021

21cv31961

Fadi Michael v. James J. Andrioff; Mark Gutentag; Estate of Tobias Elsass; and Hashem Amer

Fraud and misrepresentation. Defendants induced plaintiff to invest in a warehouse holding company, then sold the property and assets without his knowledge.

Attorneys: JR. Parker Semler and James L. French of Parker Semler

Filed: 6/23/2021

21cv31991

RINO 1 LLC v. Collaborative Network 4 Clinical Excellence Inc., a Delaware corporation d/b/a Cliexa Inc.; and Mehmet Kazgan

Defendant leased premises at 3513 Brighton Blvd., Suite 520, Denver, on/about Sept. 1, 2018, defaulted, and ultimately vacated the premises. On or about April 13, 2021, the parties executed a settlement agreement, plaintiff says, by which defendant would pay $34,411.15 in seven monthly payments, but defendant has failed to make any payments.

Attorneys: Bill Kyriagis and David A. Brewster of Otten, Johnson, Robinson, Neff & Ragonetti

Filed: 6/23/2021

21cv31987

Jefferson District Court

Cardinia Real Estate LLC v. Belmar Commercial Owner, LP

Plaintiff leases 91,004 square feet in the Belmar Shopping District across multiple buildings in the center, and says Belmar’s representation regarding the 2016 tax base was false when it executed the ninth amendment to the lease on June 10, 2016, and defendant failed to provide timely notice of taxes and assessments, violating its obligation in years 2017, 2018 and 2019. Plaintiff says Belmar never provided it with a  notice of valuation for the buildings for tax years 2016-2020, and had it done so, plaintiff would have timely elected to exercise its rights to compel Belmar to contest certain taxes ­– which for one parcel increased 153 percent – under Section 4.9 of the lease. Plaintiff seeks damages at trial.

Attorneys: Mark T. Barnes of Chipman Glasser

6/16/2021

21cv30656

Larimer District Court

Pawnee Leasing Corporation v. Staci Robinson, individually and d/b/a Subway

Defendant owes $72,500 for an equipment finance and loan agreement.

Attorneys: Harry L. Simon

Filed: 6/28/2021

21CV30459

U.S. District Court-Colorado

NGC Development, a Florida LLC v. Kim J. Seter; and Seter & Vander Wall PC

Legal malpractice. Defendants represented two clients with conflicting interests, resulting in plaintiff losing a 15-acre parcel of land.

Attorneys: Ross Pulkrabek

Filed: 6/25/2021

1:21 CV 1746

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