The Docket: Real estate lawsuit roundup for 12.2.21

Adams District Court

U.S. Bank National Association d/b/a U.S. Bank Equipment Finance v. Jim Rushton’s Inc., d/b/a Clear Creek Tubes; and James Rushton

Plaintiff says defendant is in default of an equipment lease, owing $49,991.05, and seeks immediate possession.

Attorneys: Irvin Borenstein

Filed: 11/29/2021

21cv31328

Arapahoe District Court

 Beckman Coulter v. Precision Clinical Laboratory

Plaintiff says defendant has defaulted on medical equipment lease/service payments contracts dated Nov. 9, 2015, and because of the default, plaintiff has accelerated the balance due, in the amount of $235,401.63.

Attorneys: David A. Kraft of David A. Kraft & Associates

Filed: 11/15/2021

21cv31962

Northpark Retail Center III v. DDC Wireless; and Andy Chan a/k/a Andy Tear a/k/a Andrew Chan

Plaintiff says defendant has defaulted on a shopping center lease dated Feb. 28, 2017, owing the sum of $60,878.01.

Attorneys: Bill Peterson, Sarah Young and Jonathan Lebsack of Miller Cohen Peterson Young

Filed: 11/19/2021

21cv31987

Denver District Court

Rodriguez Construction Org, L.L.C. d/b/a RDZ Build v. Yon Gonzales; Reiva Cruze, Nelson Gonzales; Fesehye G. Abrhaley; Almaz K. Gomeday; and Tumble Haus LLC

Mechanic’s lien foreclosure of $39,544.28, for property at 1330 West 38th Ave., Denver.

Attorneys: Albert V. Evans

Filed: 11/12/2021

21cv33625

George T. Sanders Co. v. Pearl Flats, LLC; DIRC Homes, LLC; B.I.B.S., LLC; Alpine Bank; Gregory Paul Frye; Paul Lopez, as the Public Trustee of the City and County of Denver, Colorado; and Rexel USA, Inc.

Plaintiff says it supplied machinery, tools and equipment to B.I.B.S., subcontractor on a project at 70 S. Pearl Street, Denver, and defendant has failed to pay in full, leaving $53,696.06 outstanding. Plaintiff seeks judgment and a decree that it has a first lien on the subject property and improvements.

Attorneys: Daniel C. Wennogle and Nick R. Herrick of Moye White 

Filed: 11/15/2021

21cv33645

HomeTrust Bank v. Eagle Eye Management I, LLC and Michele Norton

Plaintiff says defendant failed to make the required payments on an equipment lease, and seeks the sum of $106,570.49 and possession of the equipment.

Attorneys: Jacob F. Hollars of Spencer Fane

Filed: 11/16/2021

21cv33657

Builders FirstSource t/a Probuild Company, LLC; and BMC West, LLC v. HDC 1090 King Street, LLLP; DIRC Homes, LLC; Ronoh Contracting, LLC; Mountain West REIT, LLC; All American Stair Company, Inc.; Kodiak Gypsum Mountain States, LLC d/b/a Jones Heartz Drywall Supply LLC; Lamwood Systems, Inc.; Matthew G. Cisneros; Lindsey Halbrook; Amerifirst Financial, Inc.; Sergey Iourievich Dolgov; Anna Nikolaevna Vysokikh; Better Mortgage Corporation; and Public Trustee of Denver

Plaintiffs say they furnished materials and supplies for use in constructing improvements upon real property at the King Street Row Homes site totaling $120,012.40, and have not been paid, and seek the foreclosure of a mechanic’s lien on the properties.

Attorneys: Scott Havn, Jean Arnold and Alanna Boswell of Arnold & Arnold

Filed: 11/19/2021

21cv33698

Westside Investors Denver, LLC v. Common Grounds Denver I, LLC

Plaintiff says tenant has failed to pay 19 months’ worth of rent for premises at Condominium Unit 1 of 1890 Wynkoop Commercial Condominium Denver, in a lease that began in March 2018 and is set to expire in March 2025. Plaintiff says it is entitled to $509,553.82 in damages for past due rent to date, an order of possession and writ of restitution restoring possession to plaintiff.

Attorneys: Tyler Coombe and Sarah M. Mathews of Greenberg Traurig

Filed:11/19/2021

21cv33697

Building Restoration Specialties, Inc. v. DMPT LP; Red Leaf Development, LLC; Robert Lubin; Reef-PCG, LLC; Provident Trust Group LLC; Kyle Hutchins IRA DRIMTRA209140; Provident Trust Group, LLC; Kyle Hutchins Roth IRA DRIMRTH206185; Conor Spiegel; Rooster Coop LLC; Lee Spiegel; PCG Select Series II LLC; Reef Common Holdings, LLC; RIM Common Holdings, LLC; RIM Secured Credit Income Fund III, LLC; Reef Preferred Holdings, LLC; Sunbelt Rentals; the Public Trustee for the City and County of Denver

Plaintiff says it performed restoration work, providing labor and materials, at 1770 N Sherman St., Denver, and defendants have failed to pay $136,978.05 despite repeated demands. Plaintiff seeks judgment for sale by foreclosure.

Attorneys: Joseph A. Murr of Murr Siler & Accomazzo

Filed: 11/19/2021

21cv33704

Douglas District Court

Skyhigh Construction, LLC v. Spotlight Social Media Consulting, LLC and Jason Smith

Lease at 2276 Manatt Court, Unit B5, Castle Rock, $44,000.

Attorneys: Anthony R. Clapp and Chrysovalantou G. Hoppe of Jachimiak Peterson Kummer

Filed: 11/29/2021

21cv30845 

Larimer District Court

Pawnee Leasing Corporation v. Cat and I, LLC; Emily Matthews; and John Matthews

Plaintiff says defendant has breached the terms of an equipment lease agreement of October 2018 for a period of 55 months, and seeks judgment of $43,543.36.

Attorneys: Harry L. Simon

Filed: 11/23/2021

21cv30853

Adams District Court

U.S. Bank National Association d/b/a U.S. Bank Equipment Finance v. Jim Rushton’s Inc., d/b/a Clear Creek Tubes; and James Rushton

Plaintiff says defendant is in default of an equipment lease, owing $49,991.05, and seeks immediate possession.

Attorneys: Irvin Borenstein

Filed: 11/29/2021

21cv31328

Arapahoe District Court

 Beckman Coulter v. Precision Clinical Laboratory

Plaintiff says defendant has defaulted on medical equipment lease/service payments contracts dated Nov. 9, 2015, and because of the default, plaintiff has accelerated the balance due, in the amount of $235,401.63.

Attorneys: David A. Kraft of David A. Kraft & Associates

Filed: 11/15/2021

21cv31962

Northpark Retail Center III v. DDC Wireless; and Andy Chan a/k/a Andy Tear a/k/a Andrew Chan

Plaintiff says defendant has defaulted on a shopping center lease dated Feb. 28, 2017, owing the sum of $60,878.01.

Attorneys: Bill Peterson, Sarah Young and Jonathan Lebsack of Miller Cohen Peterson Young

Filed: 11/19/2021

21cv31987

Denver District Court

Rodriguez Construction Org, L.L.C. d/b/a RDZ Build v. Yon Gonzales; Reiva Cruze, Nelson Gonzales; Fesehye G. Abrhaley; Almaz K. Gomeday; and Tumble Haus LLC

Mechanic’s lien foreclosure of $39,544.28, for property at 1330 West 38th Ave., Denver.

Attorneys: Albert V. Evans

Filed: 11/12/2021

21cv33625

George T. Sanders Co. v. Pearl Flats, LLC; DIRC Homes, LLC; B.I.B.S., LLC; Alpine Bank; Gregory Paul Frye; Paul Lopez, as the Public Trustee of the City and County of Denver, Colorado; and Rexel USA, Inc.

Plaintiff says it supplied machinery, tools and equipment to B.I.B.S., subcontractor on a project at 70 S. Pearl Street, Denver, and defendant has failed to pay in full, leaving $53,696.06 outstanding. Plaintiff seeks judgment and a decree that it has a first lien on the subject property and improvements.

Attorneys: Daniel C. Wennogle and Nick R. Herrick of Moye White 

Filed: 11/15/2021

21cv33645

HomeTrust Bank v. Eagle Eye Management I, LLC and Michele Norton

Plaintiff says defendant failed to make the required payments on an equipment lease, and seeks the sum of $106,570.49 and possession of the equipment.

Attorneys: Jacob F. Hollars of Spencer Fane

Filed: 11/16/2021

21cv33657

Builders FirstSource t/a Probuild Company, LLC; and BMC West, LLC v. HDC 1090 King Street, LLLP; DIRC Homes, LLC; Ronoh Contracting, LLC; Mountain West REIT, LLC; All American Stair Company, Inc.; Kodiak Gypsum Mountain States, LLC d/b/a Jones Heartz Drywall Supply LLC; Lamwood Systems, Inc.; Matthew G. Cisneros; Lindsey Halbrook; Amerifirst Financial, Inc.; Sergey Iourievich Dolgov; Anna Nikolaevna Vysokikh; Better Mortgage Corporation; and Public Trustee of Denver

Plaintiffs say they furnished materials and supplies for use in constructing improvements upon real property at the King Street Row Homes site totaling $120,012.40, and have not been paid, and seek the foreclosure of a mechanic’s lien on the properties.

Attorneys: Scott Havn, Jean Arnold and Alanna Boswell of Arnold & Arnold

Filed: 11/19/2021

21cv33698

Westside Investors Denver, LLC v. Common Grounds Denver I, LLC

Plaintiff says tenant has failed to pay 19 months’ worth of rent for premises at Condominium Unit 1 of 1890 Wynkoop Commercial Condominium Denver, in a lease that began in March 2018 and is set to expire in March 2025. Plaintiff says it is entitled to $509,553.82 in damages for past due rent to date, an order of possession and writ of restitution restoring possession to plaintiff.

Attorneys: Tyler Coombe and Sarah M. Mathews of Greenberg Traurig

Filed:11/19/2021

21cv33697

Building Restoration Specialties, Inc. v. DMPT LP; Red Leaf Development, LLC; Robert Lubin; Reef-PCG, LLC; Provident Trust Group LLC; Kyle Hutchins IRA DRIMTRA209140; Provident Trust Group, LLC; Kyle Hutchins Roth IRA DRIMRTH206185; Conor Spiegel; Rooster Coop LLC; Lee Spiegel; PCG Select Series II LLC; Reef Common Holdings, LLC; RIM Common Holdings, LLC; RIM Secured Credit Income Fund III, LLC; Reef Preferred Holdings, LLC; Sunbelt Rentals; the Public Trustee for the City and County of Denver

Plaintiff says it performed restoration work, providing labor and materials, at 1770 N Sherman St., Denver, and defendants have failed to pay $136,978.05 despite repeated demands. Plaintiff seeks judgment for sale by foreclosure.

Attorneys: Joseph A. Murr of Murr Siler & Accomazzo

Filed: 11/19/2021

21cv33704

Douglas District Court

Skyhigh Construction, LLC v. Spotlight Social Media Consulting, LLC and Jason Smith

Lease at 2276 Manatt Court, Unit B5, Castle Rock, $44,000.

Attorneys: Anthony R. Clapp and Chrysovalantou G. Hoppe of Jachimiak Peterson Kummer

Filed: 11/29/2021

21cv30845 

Larimer District Court

Pawnee Leasing Corporation v. Cat and I, LLC; Emily Matthews; and John Matthews

Plaintiff says defendant has breached the terms of an equipment lease agreement of October 2018 for a period of 55 months, and seeks judgment of $43,543.36.

Attorneys: Harry L. Simon

Filed: 11/23/2021

21cv30853

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