The Docket: Real estate lawsuit roundup for 2.25.21

Adams County Circuit Court

Acme Industrial, LLC v. Serendipity Farms, LLC and Lance Roy Taylor

Plaintiff says defendants have failed to pay monthly obligations due under a lease and guaranty dated Oct. 1, 2018, and seeks possession of the premises at 6531 Washington St., Denver, back rent, and all expenses associated with a re-letting of the property.

Attorneys: Amanda H. Halstead of Mills Halstead & Zaloudek

Filed: 2/11/2021


Arapahoe County Circuit Court 

Southglenn Property Holdings, LLC v. Kenny’s Kernels & Candy, LLC o/a We Are What’s Poppin!; Trisha Ann Grice; Christopher Zettle; and James Stefankiewicz

Plaintiff says defendants executed a retail lease on/about July 13, 2015, at Streets at Southglenn for a period of 60 months, and have failed to pay rent and other amounts due from September 2019 through present. Plaintiff seeks damages of not less than $44,851.57.

Attorneys: Jonathan G. Pray of Brownstein Hyatt Farber Schreck

Filed: 2/10/2021


Appogee Kazmira LLC v. Select Energy Services, LLC

Plaintiff says defendant leased use of a retention pond at 34501 E. Quincy Ave., Watkins, for a term beginning Nov. 30, 2017 and ending Nov. 29, 2019, and has failed to properly maintain and/or repair the pond, causing the pond’s contaminated fracking water to leak into the ground, rendering it unusable. Plaintiff says defendant continues to fail to perform repairs necessary to cure the damages and seeks compensatory damages in the minimum of $110,500.

Attorneys: Jereme L. Baker and Dan Ernst of Baker Law Group

Filed: 2/11/2021


Gravina’s Window Center Inc. v. Barerose Littleton LLC

Pursuant to a lease running Oct. 1, 2016, through Sept 30, 2023, plaintiff says it was to rent 6,000 square feet of space from defendant at 209 W. Littleton Blvd., Littleton, but was unable to move into its space until December 2018 because of defendant’s failure to meet obligations under the lease, including repairing the roof and the HVAC system with proper permitting. In addition, plaintiff says it had to stay and pay rent in its old location of $5,000 per month.  Plaintiff says it has paid defendant all the rent under the lease when due, and seeks a refund of rent, other charges and additional costs paid during that period.

Attorneys: Elisa Moran

Filed: 2/12/2021


Boulder Circuit Court

 Boulder Health and Wellness, LLC v. Happy Fit, LLC d/b/a The Dailey Method; Natalie J. Gorman; and Emily A. Updike

Plaintiff says defendants have failed to pay rent totaling $43,156.62 for premises at 1810 30th St., Boulder, per a lease beginning Feb. 1, 2020, at a base rate of $5,219.56 through Nov. 30, 2024, and that defendants on/about Oct. 1, 2020, without legal authorization to do so, entered into various sub-leases where defendants unlawfully collected security deposits and rent payments which were converted to their own personal benefit. Plaintiff says it is entitled to the back rent, possession of premises, and to future rent and charges.

Attorneys: Dan Bonifazi of Nemkov and Bonifazi

Filed: 2/16/2021


Denver Circuit Court

4601 DTC Office Owner, LLC v. NDH Law, LLC, and any and all occupants

Plaintiff says defendant leased premises at 4601 DTC Blvd., beginning Dec. 18, 2019, for a term of 39 months at a base rate of $6,621.67 per month and escalating to $6,735.83 per month in months 28-39, and has failed to pay all agreed-upon rent and other amounts from October 2020 to January 2021. Plaintiff seeks possession of the property, damages of $34,495.34 in unpaid rent, and additional future rent and charges.

Attorneys: David A. Laird of Moye White

Filed: 1/12/2021


Regency Centers, L.P. v. Denver Spine LLC; Niels Pedersen; Nancy Pedersen; Kari Palmer; and Chad Palmer

Plaintiff says defendant is in breach of a lease dated March 17, 2010, expiring on Aug. 31, 2021, for premises at 1699 S. Colorado Blvd., Denver, and seeks damages at trial in an amount to be determined.

Attorneys: Alan D. Sweetbaum of Sweetbaum Sands Anderson

Filed: 2/12/2021


Advanta IRA Services, LLC v. Flywheel Capital, LLC; Benjamin Hrouda; and Adam Hazlett

Plaintiff says defendants are in breach of a promissory note to be used for purchase of property at 1040 Big Thompson and 700 N. St. Vrain in Estes Park, and to be repaid on the loan’s maturity dates of May 18, 2020. Defendants repaid $100,000, plaintiff says, but it is still owed no less than $197,813.

Attorneys: Henry M. Baskerville and Elizabeth Hartsel of Fortis Law Partners

Filed: 2/19/2021


17th Street Operating Company, LLC v. Denver Spine & Posture Center, Inc. f/k/a Denver Spine & Posture Center, LLC

Plaintiff says defendant has defaulted on a lease that commenced July 1, 2016, expiring June 30, 2021, having failed to pay charges since March 1, 2020, and having vacated the premises on/before Jan. 28, 2021. Plaintiff says defendant continues to be liable for rent, utilities and other charges, and for rent and expenses that will become due.

Attorneys: Charles E. Tatler and Whitney J. House of Senn Visciano Canges

Filed: 2/19/2021


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