The Docket: Real estate lawsuit roundup for 8.26.21

Arapahoe District Court

Legacy Kellogg LLC v. HGS Holdings Inc.; Christopher Hemming, individually; and Erynn Overly, individually

Plaintiff says defendant leased property at 26 W. Dry Creek Circle, Suite 360, Littleton, beginning on/about April 28, 2019, and has failed to pay monetary obligations due. Plaintiff seeks damages at trial.

Attorneys: Amanda Halstead of Mills Halstead & Zaloudek

Filed: 8/13/2021

21cv31401

Boulder District Court

Abboud Properties LLC v. Snake Bite LLC d/b/a Cryofusion, Delinquent October 1, 2019; and Joshua Bentsen a/k/a Josh Bentsen

Defendant had a five-year lease that commenced June 1, 2017, expiring May 31, 2022, at 3216 Arapahoe Ave., Boulder, and stopped paying in April 2021 and vacated the premises, owing $21,735.79 as of Aug. 1, plaintiff says.

Attorneys: Andrew Spiegel

Filed: 8/13/2021

21cv30584

Denver District Court

Purple Mountain Builders Inc. v. 17th and Pearl Denver LLC and Platte River Insurance Company

Plaintiff says beginning on/about Nov. 5, 2018, it was a subcontractor for the construction and alteration of Uptown Tavern, 1665 N. Pearl St. in Denver County, fully performing all terms and conditions of the contract through July 21, 2020, but defendant refused to pay. Plaintiff proceeded to record a lien, and says as a result, 17th and Pearl initiated an action to have to bond around the lien, hiring Platte River. On/about Dec. 16, 2020, defendants executed a payment bond in the amount of $1,022,626.10, but plaintiff says the principal amount remaining due is $681,750.73. Plaintiff seeks a judgment for breach of contract, a declaration that it possesses a valid mechanic’s lien against the bond, and foreclosure for all amounts that would have been due and owing.

Attorneys: M. James Zendejas and Brenten A. Ward of Stinar Zendejas Burrell & Wilhelmi

Filed: 8/13/2021

21cv32548

State of Colorado by and through the State Board of Land Commissioners v. Chair Covers and Linens Inc. d/b/a Linen Hero

Plaintiff says on Feb. 5, 2020, defendant leased property at the Ken Caryl Business Center, Suite C, 10499 Bradford Rd., Littleton, for a lease term of 85 months, and on Aug. 17, 2020, notified plaintiff of its intent to terminate the lease due to inability to pay. Plaintiff says the parties executed a settlement agreement, with defendant agreeing to pay $77,848 by April 30, 2021. Defendant has failed to do so, and plaintiff seeks judgment in that amount.

Attorneys: Philip Weiser, Attorney General

Filed: 8/13/2021

21cv32551

Douglas District Court

Midtown Industrial Center LLC v. Pentico Ventures Inc. d/b/a Honor Yoga; and Andrew Pentico

Plaintiff says tenant has failed to pay monthly rent, common-area maintenance expenses and other items for Unit F, 8800 S. Colorado Blvd., Highlands Ranch, and as of Aug. 1, was in arrears for rent and other sums due in the amount of at least $28,364.36.

Attorneys: Theodore W. Brin of The Law Offices of Theodore W. Brin

Filed: 8/18/2021

21cv30585

El Paso District Court 

Skylex2 LLC v. Robert B. Gardner and The Hearing Clinic LLC

Beginning in approximately July 2020, plaintiff says tenant defaulted on its lease at 1685 Briargate Blvd., Colorado Springs, and vacated the premises. As of Aug. 1, the amount due is $56,570.56, with rent and other amounts to continue to accrue through June 30, 2022.

Attorneys: Gregory M. O’Boyle of Alpern Myers Stuart

Filed: 8/11/2021

21cv31264  

Crops LLC v. Mark Modeer; Jessica Modeer; and Zeezo’s Inc.

Plaintiff says defendants have defaulted on a lease at 1831 N. Tejon, Colorado Springs, owing the principal amount of $97,073.39.

Attorneys: Kenneth Davidson

Filed: 8/19/2021

21cv31302

Larimer District Court

Pawnee Leasing Corp. v. Active Express Services LLC; Charles S. Moss; and Delven A. Nickerson

Plaintiff says defendant is in default of a lease for a 21011 Freightliner M2 106, and seeks damages of $34,045.89 and the costs of repossession.

Attorneys: Harry L. Simon

Filed: 8/17/2021

21cv30587

Pawnee Leasing Corp. v. Highlands Anesthesia PC; Jessica Slaughter; and Jerry Slaughter

Plaintiff seeks damages of $42,479.23 for defendant’s failure to make monthly payments on various pieces of equipment, and the costs of repossession.

Attorneys: Harry L. Simon

Filed: 8/19/2021

21cv30602

Ascentium Capital LLC v. Zzap Wellness LLC and Amanda Harding

Plaintiff says defendant has failed to make loan payments to finance the acquisition of two Cool Sculpting Devices, and as of the date of this complaint, is indebted in the amount of $166,025.13. Plaintiff seeks an award of damages and repossession of the devices.

Attorneys: Jeremy D. Peck of Kutak Rock

Filed: 8/19/2021

21cv30607

us district court building

Arapahoe District Court

Legacy Kellogg LLC v. HGS Holdings Inc.; Christopher Hemming, individually; and Erynn Overly, individually

Plaintiff says defendant leased property at 26 W. Dry Creek Circle, Suite 360, Littleton, beginning on/about April 28, 2019, and has failed to pay monetary obligations due. Plaintiff seeks damages…

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