The Docket: Real estate lawsuit roundup for 11.4.21

Adams District Court

Trans Lease v. 4G Energy Services LLC and Gregory Karl

Plaintiff says defendant is in breach of a master lease for a Peterbilt 529 truck, beginning April 6, 2018, for 36 months at $2,500 a month, and seeks judgment of $47,063.63 plus costs of repossession.

Attorneys: Harry L. Simon

Filed: 10/28/2021

21cv31211

El Paso District Court

MHO2, LLC v. Future Wave Systems LLC d/b/a Laughing Lion Herbs LLC; Matthew Frank; and Melissa Frank

Plaintiff says defendant entered into a commercial lease agreement dated Dec. 9, 2020, expiring Dec. 31, 2025, for premises at 901B Synthes Ave. in Monument, and has breached the terms by failing to pay the contractually obligated sums. Plaintiff asks judgment of $137,618.46.

Attorneys: Lyndsay S. Ressler and Kaliegh Fields of Ressler Law

Filed: 10/22/2021

21cv31711

Jefferson District Court

Tamirsa LLC and Venu Alla, for himself and all similarly situated shareholders of Kona Fields Inc. d/b/a Kona Fields LLC v. Alex Gurevich and VK LLC

Plaintiff says defendants misrepresented, concealed, and/or failed to disclose material facts regarding the company Kona Fields, the premises of what was two separate restaurant businesses in commercial space at 1612 / 1618 E. 17th Ave., Denver, the lease, an asset purchase agreement, a subscription agreement, a joint operation agreement and other matters. On Sept. 19, 2019, Gurevich, and through his entities Next Door Lounge and VK, and plaintiff executed an asset purchase agreement, whereby Next Door sold substantially all its assets to plaintiff for $110,000, and on Sept. 25 and 26 executed a subscription agreement whereby Alla purchased 5,000 shares of Kona Fields, representing 50 percent of the total outstanding shares of stock in such company, for $10,000. Under a joint operation agreement, executed Sept. 25 and 26, plaintiff says Gurevich and VK were to continue to operate a restaurant called Smokehouse 17 from the 1618 E. 17th Ave. side of the premises while Tamirsa was to operate a restaurant called Yogis from the 1612 E. 17th Ave. side, maintaining separate operations but sharing a kitchen, dishwasher and cleaning service, and sharing such costs 50/50. In mid-2020, plaintiff says Gurevich sold his Smokehouse 17 restaurant business and certain of his shares in Kona Fields to several third parties, but did not inform him of this contemplated sale, nor did he provide Alla with the right of first refusal prior to consummating the sale. Plaintiff, as a 50 percent shareholder in Kona Fields, says he did not consent to the transfer, sale, or assignment of Kona Field’s shares and there was no corporate agreement for such transfer, sale, or assignment of any stock in Kona Fields. Plaintiff alleges that on/around April 15, 2020, Gurevich secretly obtained on behalf of Kona Fields a $162,500 Paycheck Protection Program loan without Alla’s knowledge or consent, and has failed to account for any of the proceeds, and upon information and belief, Gurevich obtained a second PPP loan in the amount of $202,842, purportedly on behalf of an entity called Kona Fields LLC. Plaintiff says of the filing of this complaint, there are no businesses registered in Colorado under the name Kona Fields LLC, and that the publicly listed address is the same address listed for Kona Fields Inc. at 1618 E. 17th Ave. Plaintiff says despite repeated requests, Gurevich refused to provide the name and contact number for the landlord’s representative so plaintiff could discuss a lease extension, and because of defendants’ failure to provide timely notice to the landlord, the ability to exercise plaintiff’s lease option was lost, and the landlord’s position on a new lease rendered it commercially and financially impracticable for plaintiff to enter into a new lease or to continue operation of Yogis restaurant. Plaintiff seeks judgment for damages and losses at trial.

Attorneys: Douglas Norberg and Weston Cole of Gelman & Norberg

Filed: 10/25/2021

21cv31187

Arvada Excavating Co. v. Hall-Irwin Corp.; KB Home Colorado; and Atlantic Specialty Insurance Co.

Plaintiff says per an agreement from July 2020 to about Jan. 12, 2021, it supplied equipment, goods, labor and materials for a construction project and defendant has failed to pay $66,950. Plaintiff had a lien on the property, and says it is now entitled to an order for foreclosure of said lien.

Attorneys: Brenton L. Gragg and Eric R. Jonsen of Allen Vellone Wolf Helfrich & Factor

Filed: 10/27/2021

21cv31189

Larimer District Court

Pawnee Leasing Corp. v. L and A Fitness, LLC d/b/a Paseo Fit Body Boot Camp; Leo Tafoya; and Andrea Carabajal

Plaintiff says defendant is in breach of two equipment finance agreements, one dated December 2017 and the second October 2018, and seeks of judgment of $32,323.84 and costs of repossession.

Attorneys: Harry L. Simon

Filed: 10/27/2021

21cv30785

The Docket real estate lawsuit roundup

Adams District Court

Trans Lease v. 4G Energy Services LLC and Gregory Karl

Plaintiff says defendant is in breach of a master lease for a Peterbilt 529 truck, beginning April 6, 2018, for 36 months at $2,500 a month, and seeks judgment of $47,063.63 plus costs of…

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