The Docket: Real estate lawsuit roundup for 5.6.21

Adams District Court

Turnpike Industrial, LP v. J Squared General Contracting, LLC, and Jack Thurman

Plaintiff says defendants, per a lease dated March 14, 2019 expiring April 30, 2022, have failed to pay full monthly rental and fees for July 2020 through April 2021, and are indebted to plaintiff for $60,096.06.

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

Filed: 4/29/2021


Arapahoe District Court

Mastino Management Inc. and Kimberly Bacon v. Fox Run at Centennial Homeowners Association; Jennifer Bernard; and Julie Block

Defamation and libel. Defendants failed to pay plaintiffs for property management services and defamed them in front of the board launching in “a verbal barrage of personal attacks beyond the bounds of decency a normal person should endure including the humiliating and bitter accusation that Ms. Bacon is ‘the worst mother ever.'”

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

Filed: 4/16/2021


AIG Property Casualty Company, as subrogee of John Elway v. Cimco Custom Interior Millwork Company and Edgar Alejandro Loya-Lopez

Subrogation. Defendant Loya-Lopez, an unlicensed subcontractor, began a fire in Elway’s theater room while applying lacquer as he failed to keep the paint sprayer outside of the room. Plaintiff says it paid a claim of $374,861.39.

Attorneys: Paul B. Hines of Denenberg Tuffley

Filed: 4/30/2021


Denver District Court

2353 SB, LLC v. Catalyst Solutions, LLC; Rachel Hennig a/k/a Rachel Hennig-Duffy n/k/a Rachel Spilo

Plaintiff says defendant leased property at 2353 S. Broadway, Denver, from Oct. 15, 2015, to Oct. 31, 2020, and has failed to pay real estate taxes due for 2019 in the amount of $21,929.50, and removed light fixtures that were the property of plaintiff, for which it seeks damages.

Attorneys: Douglas Norberg and Dani G. Wilson of Gelman & Norberg

Filed: 4/19/2021


601 LLC v. Canis Major Dog Training, Ltd.; Kimberly Dawn McRae; and Ursa Major Acree

Plaintiff says defendants have failed to pay monthly obligations due for property leased Sept. 25, 2018, at 601 Bryant St., Denver, and seeks judgment that the court deems appropriate.

Attorneys: Amanda H. Halstead of Mills Halstead & Zaloudek

Filed: 4/22/2021


 Interstate Restoration LLC v. Marriott International Inc. and Zurich American Insurance Co.

Collections for unpaid work on a Sheraton Grand hotel in Rio de Janeiro. $3.7 million.

Attorneys: Christopher Toll and Peter A. Kurtz of Holland & Hart

Filed: 4/23/2021


M.J.L.Q., LLC v. GS 39th LLC and Morningside Capital, LLC

Plaintiff says because defendants have failed to replace the roof of premises at 5959 E. 39th Ave., Unit 101, Denver, as required under a commercial lease beginning in 2015, the premises is not in a suitable condition to continue plaintiff’s successful cultivation of cannabis product. Plaintiff seeks compensatory damages to be proven at trial and an order requiring defendants to perform to the terms of the contract.

Attorneys: Michael A. Freimann and Erin Mullen of Greenspoon Marder

Filed: 4/28/2021


Taubman Cherry Creek Shopping Center, L.L.C. v. TMK Beauty LLC d/b/a Aillea Pure Trusted Beauty

Plaintiff says defendant is in default of a lease dated April 1, 2016, having failed to pay rent and other sums due and having vacated the property, and seeks damages at trial.

Attorneys: Jeffrey M. Lippa and John Wharton of Greenberg Traurig

Filed: 4/28/2021


Sprung & Sun Custom Builders Inc. d/b/a Sprung Construction v. 3405 W 32nd Avenue LLC; Jones Lang Lasalle Multifamily LLC; and Fannie Mae

Mechanic’s lien foreclosure. $415,000. Plaintiff says defendant failed to pay for construction services.

Attorneys: Max S. Stich and Philip A. Goiran of Tiemeier & Stich
Filed: 4/30/2021


El Paso District Court

Overland Palmer, LLC; R Palmer, LLC; and Palmer Center Owner, LLC v. Stella Natural Resources Inc.

Plaintiff says defendant leased Two North Cascade Ave., Colorado Springs, beginning July 17, 2018 and terminating June 30, 2023, with a monthly base rent of $5,077.50, escalating to $8,519.44 for the Dec. 1, 2020-June 30, 2021 period, and has failed to pay. The defendant surrendered the property on/about May 21, 2020, plaintiff says, and as of March 1, 2021, has a past due of $187,899.05, and the lease continues.

Attorneys: Steven K. Mulliken and Hilary A. Roland of Mulliken Weiner Berg & Joliet

Filed: 4/22/2021


Besherit, LLC v. Accelerated Recovery Specialists, P.C.; Michael Sparr; Dwight Leggett; and Stephen Scheper

Plaintiff says defendant is in breach of an amended lease beginning Jan. 1, 2017 and expiring Dec. 31, 2023, for premises at 5731 Silverstone Terrace, Colorado Springs, commonly known as Mountain Shadows Professional Center. Plaintiff says from and after March 1, 2021, defendant stopped paying rent and other amounts due, and the continuing breach will cause total damages due of at least $230,940.50.

Attorneys: Mark K. Shaner and Joseph T. Bernstein of Merrick Shaner & Bernstein

Filed: 4/23/2021


Jefferson District Court

 Vestar Bowles Crossing, LLC v. Live Restored Bowles, LLC; Kirk Michelsen; and Dawn Miller

Plaintiff says defendant has failed to use “best efforts,” or any efforts, to obtain necessary permits to occupy or possess the premises at 8055 W. Bowles Ave., Littleton, per a lease of Oct. 9, 2020, and has failed to pay rent due, thus defaulting. Plaintiff seeks damages to be proven at trial.

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

Filed: 4/23/2021


Keystone Real Estate Lending Fund, L.P. v. LSI I, LLC

Plaintiff says it extended a $5.6 million loan to defendant on April 28, 2016, and delivered a deed of trust, assignment of leases and rents, etc., which defendant would repay over time, and which encumbered the real property at Jefferson Corporate Center. Plaintiff says defendant has failed to make the payments required and it has accelerated the amounts due and owing, and also seeks the appointment of a receiver for the property.

Attorneys: Trevor G. Bartel and Elliot Reaven of Lewis Roca

Filed: 4/29/2021


Larimer District Court

Pawnee Leasing Corporation v. NY Food Corp, LLC; Harjeet Singh; and Ranjit Singh

Plaintiff says defendant is in breach of an equipment lease agreement, dated on/about Nov. 8, 2018, for a term of 55 months, and seeks damages of $40,590.70.

Attorneys: Harry L. Simon

Filed: 4/19/2021

Pawnee Leasing Corporation v. A+ Concrete & Remodeling, LLC; Stephanie Rojas; and Gabriel Tovar

Plaintiff says defendant is in breach of an equipment lease agreement, dated on/about Nov. 15, 2018, for a term of 44 months, and seeks damages of $61,472.05.

Attorneys: Harry L. Simon

Filed: 4/19/2021

Pawnee Leasing Corporation v. KMK LLC d/b/a Oak Knoll Golf Course; and Karla M. Hicks

Plaintiff says on/about March 27, 2019, defendant entered into an equipment finance and loan agreement, agreeing to make 60 monthly payments of $1,531.12, and has failed to pay. Plaintiff says it has sustained damages of $58,001.46, plus the costs of repossession.

Attorneys: Harry L. Simon

Filed: 4/20/2021

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