The Docket: Real estate lawsuit roundup for 3.11.21

Adams District Court

Williams Scotsman, Inc. v. The Chile Store LLC d/b/a TreeLand Christmas Trees

Plaintiff says defendant is successor in interest under a lease for modular and/or prefabricated structures and related equipment at Sheridan Boulevard and West 52nd Avenue, and around May 2018, ceased making payments. Plaintiff seeks possession of the equipment or its value, believed to be $42,240

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

Filed: 2/24/2021


Rapid Ways Truck Leasing, Inc. v. Brown Transfer Company, LLC

Plaintiff says on/about Jan. 2, 2018, it delivered to defendant an agreement for the leased and continued service of various commercial transport trucks, for a fixed monthly rental rate and service fee computed on a mileage and/or hourly basis. Plaintiff says defendant has failed to make payment due and seeks damages of $587,442.59.

Attorneys: Neal K. Dunning, Scott W. Drusch of Brown Dunning Watkins Fein

Filed: 3/2/2021


Arapahoe District Court

 South Broadway Odd Fellows, LLC and Broadway Jorada, LLC v. Palango! Fitness Englewood, LLC; Amy Bourcy; Mary Agnes Boillot; Felix Ojeda; and Mike Nicholas

Plaintiff says defendants leased premises at 3431 S. Broadway, Englewood, beginning August 2015 and terminating on Nov. 30, 2020, at a monthly rental rate of $4,115, plus monthly operating expenses reimbursement of $1,147.99, but have defaulted, and wrongfully vacated the premises on July 31, 2020, and removed the interior flooring of the premises. Plaintiff says defendant owes $48,314.47 in unpaid rent and expenses.

Attorneys: Lindsey E. Jasper of Tschetter Sulzer

Filed: 3/4/2021


VIG Safeway LLC v. Big Blue Sea, LLC; Erik Skaalerud; and Wendy Skaalerud

Plaintiff says beginning on/about Aug. 31, 2019, defendant leased approximately 17,000 square feet of commercial space at Smoky Hill Shopping Center, which obligates defendant to provide Estoppel Certificates to potential buyers of the property. Plaintiff says defendant has failed to execute and deliver the required certificate, instead executing one containing materially false statements and wrongfully alleging plaintiff is in default of the lease. Plaintiff seeks a monetary judgment to be proven at trial, among other relief.

Attorneys: Richard G. Wood of The Wood Law Firm

Filed: 3/8/2021


Boulder District Court

 Stephen D. Tebo d/b/a Tebo Properties v. The Plug Company; Alexander Mootz; and Bradley Menard

Plaintiff says defendant leased premises at 8700 Turnpike Drive, Westminster, commencing March 1, 2020, and expiring Feb. 28, 2021, at a monthly rate of $5,506.25, defaulted in August 2020 and at some time abandoned the premises. Plaintiff says as of Jan 18, 2021, it is owed $49,556.25 after application of the security deposit.

Attorneys: Andrew Spiegel

Filed: 2/22/2021


Tebo-Walsh LLC v. Refill Revolution LLC and Brittney La Gesse

Plaintiff says defendant had a commercial lease at 3380 Arapahoe Blvd., Boulder, that commenced Feb. 1, 2020, and expired Jan. 31, 2021, with a base rent of the full term of not less than $24,000, plus triple net expenses and utilities, fell behind in payments in April 2020 and has abandoned the premises. Plaintiff says as of Feb. 1, 2021, it is owed $29,660.07.

Attorneys: Andrew Spiegel

Filed: 3/1/2021


CFT NV Developments, LLC v. Jac’d Ventures, LLC d/b/a Fit Republic; and Joseph Hennigan

Plaintiff says defendants have failed to pay monetary obligations due under a lease, assignment and guaranty at 589 S. Hover St., Longmont, last executed on/about Aug. 31, 2018, and seeks to recover damages and immediate possession of the property.

Attorneys: Harry L. Simon and Christine A. Kaelin of Harry L. Simon

Filed: 3/8/2021


Denver District Court

Walnut Studio, LLC v. Made Workshop, LLC

Plaintiff says defendant, a company that offers woodworking and welding classes, signed a five-year lease space at 3563 Walnut St. in Denver in November 2019, but hasn’t paid monthly $5,300 base rent since April 2020 and now lists a LoHi address on its website.

Attorney: Robert Abrams of Abrams, Sullenberger & Associates

Filed: 2/25/2021


Kew Realty Corporation, successor in interest to KEW Management Corp. a/k/a KEW Management Corporation v. Douglas Sewell, D.M.D., PLLC; and Douglas Sewell a/k/a Douglas Sewell, D.M.D.

Plaintiff says defendant is in breach of an amended lease at 695 S. Colorado Ave. and 3911 Exposition Ave., Denver, having failed to make timely rent payments and other sums due, and has abandoned the property. Plaintiff seeks judgment to be determined at trial.

Attorneys: Andrew D. Silverman of Silverman & Associates

Filed: 2/23/2021


Larimer District Court

Jessup Farm LLC v. Club Reve LLC; GHC Reve Operator LLC; and Clifford M. Buchholz

Plaintiff says defendant leased premises at 1981 Jessup Drive, Fort Collins, and as of Oct. 19, 2020, it notified defendant that it was due the principal amount of $256,134.18 under the lease and termination agreement for the Nov. 20, 2018 through July 31, 2020, time period.

Attorneys: Jennifer Lynn Peters and Nathaniel Wallshein of Peters Schulte Odil & Wallshein

Filed: 2/23/2021


Pawnee Leasing Corporation v. AaLL American Credit Card Solutions, Inc. d/b/a NLP, Secure; and Daniel N. Harrington

Plaintiff says on/about Aug. 19, 2019, defendant entered into a finance agreement so that it could purchase certain equipment and agreed to make 60 monthly payments of $3,571. Plaintiff says defendant has breached the terms and seeks damages of $170,795.13, plus costs of repossession.

Attorneys: Harry L. Simon

Filed: 2/23/2021


Lexkin LLC v. Foot Locker Retail, Inc.

Plaintiff says Foot Locker and/or its assigned lessee has failed to pay full amounts due under a lease at 2950 N. Garfield Ave., Loveland, since April 2020, and of this date, it is owed no less than $78,848.90.

Attorneys: Justin L. Cohen and Sean S. Cuff of Brownstein Hyatt Farber Schreck

Filed: 3/1/2021


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