The Docket: Real estate lawsuit roundup for 6.3.21

Arapahoe District Court 

ACP 1500, a Delaware LLC v. Acosta Inc. d/b/a Acosta Sales and Marketing Company, a Delaware Corp.
Defendant, which leased approximately 38,463 square feet at 12100 E. Iliff Ave., Aurora, since February 2011, has failed to pay rent from March 2021, and has abandoned the premises, owing no less than $142,157.49.

Attorneys: Carrie Johnson of Brownstein Hyatt Farber Schreck

Filed: 5/19/2021

21CV30883

Southglenn Property Holdings LLC, a Delaware limited liability company v. Mattress Firm Inc., a Delaware corporation d/b/a Mattress King

Plaintiff says defendant has defaulted on a lease for 2,800 square feet at the Streets at Southglenn, Centennial, beginning in March 2009 and extended in 2019 through Nov. 30, 2024, and of this date owes no less than $52,000.

Attorneys: Jonathan Pray of Brownstein Hyatt Farber Schreck
Filed: 5/25/2021

21CV30907

Boulder District Court 

CIT Bank NA v. Enviroshapes LLC d/b/a Enviroshapes Concrete; and Jay D. Allman
Defendant is in breach of an equipment lease, dated Oct. 18, 2016, for 48 payments of $1,078.95, now owing $25,394.63.

Attorneys: Harry Simon

Filed: 5/26/2021

21CV30396

Denver District Court

 Arco/Murray National Construction Company Inc. v. Monroy Services LLC

Filing of a motion to substitute a bond for a mechanic’s lien foreclosure. $73,000.
Attorneys: Joel Heusinger of Woods Aitken

Filed: 5/14/2021

21CV31521

Western Development Inc.; Keith A. Novick, as trustee of The Novick Family Irrevocable Trust dated 10/9/2009; and Keith A. Novick v. Lionshead Inn LLC; Lion Vail LLC; and Sabalos LLC
Contract. Defendant Sabalos owes plaintiffs $3 million to buy out their interests in a 53-acre property.

Attorneys: Andrew Petrie of Ballard Spahr

Filed: 5/17/2021

21CV31539

K2 Aviation LLC v. Alliance International Aviation LLC, a California limited liability company; Hickslanders LLC dba Alliance International Aviation, a California limited liability company; and Michael Perry
Breach of a lease/purchase agreement for five aircraft to operate defendant’s flight school, and wrongfully retaining possession of four Diamond DA40s. Plaintiff seeks damages at trial and injunctive relief.

Attorneys: Christopher Leach of Carriere Little

Filed: 5/24/2021

21CV31639

Douglas District Court

Castleton Center LLC v. Big Fam Fitness Inc.

Default of lease at 658 Genoa Way, Castle Rock, which commenced Jan. 1, 2019, and was set to expire on May 1, 2024, for a total base rent amount of $299,440.47. Plaintiff says the outstanding rent and CAM charges due is approximately $95,416.94, with an additional   $21,892.18 due in accelerated rent.

Attorneys: Andrew Gibbs of Tueller & Gibbs

Filed: 5/26/2021

21CV30372

Jefferson District Court

Automotive Transmission Engineering Corp. v. Colorado Garden Show Inc.
Defendant breached lease at 10901 Irma Drive, Northglenn, by overcharging for operating expenses, unduly restricting plaintiff’s parking privileges, failing to pay plaintiff for landscaping maintenance, and failing to return the security deposit, forcing plaintiff to vacate the premises in February and incur significant moving and operational expenses. Plaintiff seeks treble damages.

Attorneys: Paul Grant of Goodreid & Grant

Filed: 5/14/2021

21CV30542

Arapahoe District Court 

ACP 1500, a Delaware LLC v. Acosta Inc. d/b/a Acosta Sales and Marketing Company, a Delaware Corp.
Defendant, which leased approximately 38,463 square feet at 12100 E. Iliff Ave., Aurora, since February 2011, has failed to pay rent from March 2021, and has abandoned the premises, owing no less than $142,157.49.

Attorneys: Carrie Johnson of Brownstein Hyatt Farber Schreck

Filed: 5/19/2021

21CV30883

Southglenn Property Holdings LLC, a Delaware limited liability company v. Mattress Firm Inc., a Delaware corporation d/b/a Mattress King

Plaintiff says defendant has defaulted on a lease for 2,800 square feet at the Streets at Southglenn, Centennial, beginning in March 2009 and extended in 2019 through Nov. 30, 2024, and of this date owes no less than $52,000.

Attorneys: Jonathan Pray of Brownstein Hyatt Farber Schreck
Filed: 5/25/2021

21CV30907

Boulder District Court 

CIT Bank NA v. Enviroshapes LLC d/b/a Enviroshapes Concrete; and Jay D. Allman
Defendant is in breach of an equipment lease, dated Oct. 18, 2016, for 48 payments of $1,078.95, now owing $25,394.63.

Attorneys: Harry Simon

Filed: 5/26/2021

21CV30396

Denver District Court

 Arco/Murray National Construction Company Inc. v. Monroy Services LLC

Filing of a motion to substitute a bond for a mechanic’s lien foreclosure. $73,000.
Attorneys: Joel Heusinger of Woods Aitken

Filed: 5/14/2021

21CV31521

Western Development Inc.; Keith A. Novick, as trustee of The Novick Family Irrevocable Trust dated 10/9/2009; and Keith A. Novick v. Lionshead Inn LLC; Lion Vail LLC; and Sabalos LLC
Contract. Defendant Sabalos owes plaintiffs $3 million to buy out their interests in a 53-acre property.

Attorneys: Andrew Petrie of Ballard Spahr

Filed: 5/17/2021

21CV31539

K2 Aviation LLC v. Alliance International Aviation LLC, a California limited liability company; Hickslanders LLC dba Alliance International Aviation, a California limited liability company; and Michael Perry
Breach of a lease/purchase agreement for five aircraft to operate defendant’s flight school, and wrongfully retaining possession of four Diamond DA40s. Plaintiff seeks damages at trial and injunctive relief.

Attorneys: Christopher Leach of Carriere Little

Filed: 5/24/2021

21CV31639

Douglas District Court

Castleton Center LLC v. Big Fam Fitness Inc.

Default of lease at 658 Genoa Way, Castle Rock, which commenced Jan. 1, 2019, and was set to expire on May 1, 2024, for a total base rent amount of $299,440.47. Plaintiff says the outstanding rent and CAM charges due is approximately $95,416.94, with an additional   $21,892.18 due in accelerated rent.

Attorneys: Andrew Gibbs of Tueller & Gibbs

Filed: 5/26/2021

21CV30372

Jefferson District Court

Automotive Transmission Engineering Corp. v. Colorado Garden Show Inc.
Defendant breached lease at 10901 Irma Drive, Northglenn, by overcharging for operating expenses, unduly restricting plaintiff’s parking privileges, failing to pay plaintiff for landscaping maintenance, and failing to return the security deposit, forcing plaintiff to vacate the premises in February and incur significant moving and operational expenses. Plaintiff seeks treble damages.

Attorneys: Paul Grant of Goodreid & Grant

Filed: 5/14/2021

21CV30542

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