The Docket: Real estate lawsuit roundup for 4.22.21

Adams District Court

DIA Land Co., LLC v. Sixt Rent a Car, LLC

Plaintiff says defendant holds a commercial lease, dated on/about April 8, 2018, and assigned to plaintiff Aug. 28, 2019, for real property and improvements at 25200 E. 68th Ave., an airport parking facility near Denver International. The term is through Dec. 21, 2023, plaintiff says, and when the premises were expanded, beginning Jan. 1, 2019, the annual base rent was set at $720,000, to be paid monthly, and rising to $810,366.36 for the final year of the contract. Plaintiff says it provided significant assistance during the pandemic and that defendant reaffirmed its commitment to the premises and said it had plans for expansion, but in/around the week of Aug. 17, 2020, defendant abandoned the premises, removing property, and has caused damages. Plaintiff says the rent obligation due and owing is in excess of $2,372,381.55.

Attorneys: Ryan J. Klein of Sherman & Howard

Filed: 4/12/2021

21CV30447

Arapahoe District Court

Tremitek, LLC v. Resilience Code, LLC and Chad Prusmack

Plaintiff says defendants leased property at 99 Inverness Drive East, Englewood, for a term of 128 months commencing Jan 1, 2017, and agreed to pay base rent plus taxes, insurance, association assessments and other costs, but have failed to pay beginning Oct. 1, 2020. Plaintiff says the amount owed under the lease through March 31, 2021, is $92,116.12, but an additional $698,307.15 is due for the April 1, 2021 through Aug. 31, 2027 period, for a total of $790,423.27.

Attorneys: Christopher T. Groen of Fox Rothschild

Filed: 4/8/2021

21CV30646

Denver District Court

5350 LLC v. Voice of God Tabernacle; Vehyacin; Grace Tshihata; and Yves Goma a/k/a Neka Yves Teruin Goma Lassy

Plaintiff says defendant entered into a lease agreement on/about Jan. 18, 2019, for premises at 5350 W. Evans Ave., and has failed to pay monetary obligations due. Plaintiff seeks damages that are deemed just and proper.

Attorney: Amanda H. Halstead of Mills Halstead & Zaloudek

Filed: 4/6/2021

21CV31120

Glenn Kruszewski v. Ryan D. Neville; Shannon K. Neville; and Kentwood Real Estate City Properties LLC

Plaintiff alleges fraud and misrepresentation, saying defendants failed to disclose that the property at West End Lofts Condominiums sold to him per a contract dated on/about Aug. 21, 2020, is next to a noisy elevator. Plaintiff seeks monetary damages at trial.

Attorneys: Bradley J. O’Brien of O’Brien Legal Services

Filed: 4/8/2021

21CV31145

1170 Galapago Street, LLC v. Cantu’s Remodel & Restoration LLC and Arnulfu Cantu

Plaintiff says it hired defendant in January 2021 to perform demolition and cosmetic renovation services at 13 apartment units at the Parkway Center complex, and paid checks totaling $157,404.50 for the work, but defendant has failed to complete a single contract and has stopped answering calls or responding to written inquiries. Plaintiff seeks damages to be proven at trial.

Attorneys: Steven W. Kelly, Michael L. Schlepp and Taryn H. Van Deusen of S&D Law

Filed: 4/13/2021

21CV31187

First Avenue and Adams Associates LLC v. Gerald Rudofsky, individually and d/b/a Zaidy’s of Cherry Creek, Inc.; and Jason Rudofsky, individually and d/b/a Zaidy’s of Cherry Creek, Inc.

Plaintiff says on/about Oct. 8, 1991, defendants entered into a lease agreement, since amended, for real property at 115-121 Adams St., and have failed to pay monetary obligations due. Plaintiff seeks damages that the court deems just and proper.

Attorneys: Amanda H. Halstead of Mills Halstead & Zaloudek

Filed: 4/14/2021

21CV31197

Ascentium Capital LLC v. Potter DDS, PLLC and Joeseph Mathew Potter

Plaintiff says in May and June 2018, plaintiff and defendant entered into three finance agreements whereby defendant obtained loans to finance dental equipment, all of which were modified several times, and that on/about March 18, 2021, plaintiff sent a notice of default for failure to pay, and that the accelerated balances – of $286,343.85 – were due and owing.

Attorneys: John H. Bernstein and Amy S. Kilgore of Kutak Rock

Filed: 4/16/2021

21CV31217

Douglas District Court

FC Marketplace, LLC v. Cookies and Crema, LLC and Jesse Arellano

Plaintiff says defendant entered into two business loan agreements, in 2018 and in January 2019, and has failed to pay. Plaintiff seeks damages of $154,128.29.

Attorneys: Harry L. Simon

Filed: 4/12/2021

21CV30272

Jefferson District Court

 Assurance Recovery LLC v. Nexus Design Consultants LLC and Clayton Thomas

Plaintiff says on/about April 21, 2016, defendants entered into an equipment finance agreement and have defaulted, remaining indebted for $49,391.88.

Attorneys: Wyn T. Taylor and Bryon Bellerud II of The Law Office of Wyn T. Taylor

Filed: 4/9/2021

21CV30407

 Larimer District Court

 Pawnee Leasing Corporation v. Accera Group Corp.

Plaintiff says defendant is in breach of an equipment lease agreement that began on/about April 23, 2020, for a term of 55 months, and seeks damages of $98,426.54.

Attorneys: Harry L. Simon

Filed: 4/6/2021

21CV30247

Pawnee Leasing Corporation v. JMN Services, LLC and Inez C. Franco

Plaintiff says defendant is in breach of an equipment lease agreement that began on/about Sept. 27, 2018, for a term of 55 months at a monthly payment of $1,660.56, and seeks damages of $51,836.74.

Attorneys: Harry L. Simon

Filed: 4/6/2021

21CV30250

Pawnee Leasing Corporation v. Custom Benefit Consultants, Inc.

Plaintiff says defendant is in breach of three equipment lease agreements that began in 2019 and 2020, and seeks damages of $144,233.74.

Attorneys: Harry L. Simon

Filed: 4/6/2021

21CV30251

Pawnee Leasing Corporation v. Sandy River Trucking, LLC f/k/a Spears Creek Forestry, LLC; Michael Arrington; John Carter; Tyger River Forest Products, Inc.; and Arrington Timber Company, LLC

Plaintiff says defendants, collectively, are in breach of four equipment leases and seeks damages of $91,971.53.

Attorneys: Harry L. Simon

Filed: 4/6/2021

21CV30260

Pawnee Leasing Corporation v. Nissan Lift of New York, Inc.; Infiniti Handling Systems, Inc.; and Edward Schreiber

Plaintiff says defendant is in breach of an equipment lease agreement for two forklifts that began on/about Feb. 17, 2017, for a term of 55 months at $2,585.84 per payment, and seeks damages of $56,512.95.

Attorneys: Harry L. Simon

Filed: 4/13/2021

21CV30276

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