The Docket: real estate lawsuit roundup for 10.7.21

Adams District Court

Goldthorn LLC v. Rachas Inc. d/b/a Chuze Fitness
Plaintiff says defendant has defaulted on a lease agreement dated Nov. 20, 2015, amended Aug. 31, 2020, and as of Sept. 14, the amount past due and owing is $40,180.82.
Attorneys: Matthew A. Niznik and Scott W. Johnson of Sparks Willson
Filed: 9/24/2021
21cv31093

Trans Lease Inc. v. Molnau Trucking LLC; Nicholas J. Molnau; and Ryan P. Molnau
Plaintiff says defendant has failed to make payments on three loan and security agreements, and seeks damages of $932,103.93.
Attorneys: Harry L. Simon
Filed: 9/28/2021
21cv31100

Denver District Court

Tower Electric Inc. v. GS Victor LP; Colorado Federal Savings Bank; Paul D. Lopez, a public trustee of Denver County; Memco Inc.; Burnco Colorado LLC; and Blueprint Skilled Services LLC
Plaintiff says per a subcontractor agreement with an agent of defendant, it provided labor, materials and equipment for electrical work at on a multifamily project at 1790 North Gaylord Street, Denver, and has not been paid. Plaintiff seeks judgment of $104,992.01, a decree that it holds a valid mechanic’s lien against the property, and the right to foreclose.
Attorneys: Reagan Larkin of Messner Reeves
Filed: 9/27/2021
21cv33035

Kas Yosemite LLC v. City and County of Denver; Department of Community Planning and Development; and Eric E. Browning, interim building official
Administrative Procedure Act. Defendant wrongly revoked plaintiff’s roofing permit then subjected it to “arbitrary, capricious and increasingly Kafkaesque actions” to get it reinstated.
Attorneys: Steven W. Kelly and Michael L. Schlepp of S&D Law
Filed: 9/28/2021
21cv33051

Jefferson District Court

IVDS Ltd. LLLP v. Evergreen French Bakery LLC and Alexander Schutz
Lease. $15,000.
Attorneys: James B. Dunlap
Filed: 10/1/2021
21cv31098

Larimer District Court

Christina L. Marie Bass v. Shannon Docheff; Re/Max Traditions Inc.; and Martin Ferri
Plaintiff says she and defendant Ferri were co-owners of a property Docheff and Re/Max listed for sale, and upon information and belief, on Sept. 21, 2019, Ferri received correspondence from a major cellular telephone provider that tendered an offer for a multi-year cellular tower offer for the property, and conveyed this offer to Docheff, but Docheff and Ferri did not timely convey it to plaintiff. Plaintiff says on Sept. 23, 2019, she accepted a buyer’s counteroffer for the property for $490,000, without any knowledge of the cellular tower offer, and because of defendants’ negligence and breach of good faith and fair dealing, has suffered severe and permanent economic damages and lost hundreds of thousands of dollars. Plaintiff seeks an amount to fully compensate her at trial.
Attorneys: Mark H. Andrews of Andrews Law Firm; and Chad A. Atkins of Atkins Law
Filed: 9/22/2021
21cv30674

Five M Enterprises LLC v. Cushman & Wakefield U.S. Inc.
This is a declaratory judgment action filed to determine the rights and obligations
of the parties with respect to Five M’s lease and subsequent sale of real property located at 1130 Diamond Valley Drive, Windsor, to PetDine Properties for $17.25 million in July 2021. Specifically, plaintiff says defendant drafted a listing agreement, letter of intent and purchase agreement related to 1130 Diamond, and each document references different terms with respect to the brokers’ commission owed for transactions. Taken together, plaintiff says, these documents demonstrate that no binding, effective agreement exists between Five M and Cushman for the brokerage commission to be paid by Five M, and that Five M should be made whole for Cushman’s unjust receipt of certain amounts related to the 1130 Diamond transactions. Plaintiff says defendant unjustly received approximately $240,000 in commissions from a related sale in August, when plaintiff purchased 840 Diamond to accommodate PetDine’s requirement that 1130 Diamond be vacant at the time of closing, and unjustly forced plaintiff to place $690,000 in escrow, thereby depriving Five M of these funds. As a result, plaintiff says it has been unable to deposit these funds with an Exchange Intermediary in accordance with Section 1031 of the Internal Revenue Code, potentially exposing plaintiff to several hundred thousand dollars in capital gains taxes. Plaintiff seeks a ruling that no binding, effective agreement exists between Five M and Cushman for the brokerage commission to be paid to Cushman for the real estate transactions; that Five M be made whole for the unjust enrichment enjoyed (or attempted to be enjoyed with respect to the escrowed amounts) by Cushman; and/or any other relief as the court deems just and proper.
Attorneys: Robert B. Hinckley Jr. and Sarah M. Andrzejczak of Wilson Elser Moskowitz Edelman and Dicker
Filed: 9/22/2021
21cv30673

Pawnee Leasing Corporation v. Greenspoint Airport LP d/b/a Homewood Suites; Greensport Airport I LLC; and Mike Manich Harichard Parekh
Plaintiff says defendant has failed to make monthly payments of $2,926.04 on an equipment finance agreement of December 2018, and seeks damages of $82,150.38 and the costs of repossession.
Attorneys: Harry L. Simon
Filed: 9/28/2021
21cv30690

Ascentium Capital LLC v. Affordable Auto Body and Paint LLC
Plaintiff says defendant is in breach of an equipment finance agreement, dated March 11, 2021, to obtain a Kyocera Copier, with payments of $1,058.06 for 63 months, and asks judgment of $58,583.36.
Attorneys: Jeremy D. Peck of Kutak Rock
Filed: 9/29/2021
21cv30693

Moriah Investments LLC v. Mac Acquisition LLC
Plaintiff says on/about Sept. 1, 2020, defendant agreed to immediately surrender property at 4627 Timberline Road, Fort Collins, which beginning in 2002 was leased to Brinker Restaurant Corporation and which defendant assumed in December 2008. Plaintiff says defendant acknowledged at the surrender that rent and other charges were due from March 2020 through August 2020, but defendant has made no additional payments. Plaintiff asks damages in excess of $225,000.
Attorneys: Kevin W. Ward of Wick & Trautwein
Filed: 9/30/2021
21cv30697

Pawnee Leasing Corporation v. Hurp Hospitality LLC d/b/a Hampton Inn; Hemlata Jawiwala; and Urjita A. Bhoola
Plaintiff says defendant entered into an equipment finance agreement on/about Jan. 30, 2020, to make 60 monthly payments of $3,169.77, and has failed to pay. Plaintiff seeks damages of $151,564.15, plus costs of repossession.
Attorneys: Harry L. Simon
Filed: 9/30/2021
21cv30698

 

 

Adams District Court

Goldthorn LLC v. Rachas Inc. d/b/a Chuze Fitness
Plaintiff says defendant has defaulted on a lease agreement dated Nov. 20, 2015, amended Aug. 31, 2020, and as of Sept. 14, the amount past due and owing is $40,180.82.
Attorneys: Matthew A. Niznik and…

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