The Docket: Real estate lawsuit roundup for 11.18.21

Adams District Court

Freund Real Estate Holdings LLC v. Predator Recovery Inc. d/b/a Sure Shot Recovery, Inc.

Plaintiff says defendant leased property at 15408 E. Montview Blvd., Aurora, beginning March 2020 for a five-year period and for an initial monthly rent of $3,600 per month, but immediately after commencement of the lease began missing monthly rental payments and vacated the premises on/about January 2021. To date, plaintiff says it is owed $55,200.

Attorneys: Anthony Leffert and Marie C. Zimmerman of Robinson Waters

Filed: 11/12/2021

21cv31282

Arapahoe District Court

MNG New L.P. v. Crave-It Frozen Yogurt LLC and Brittany Alshawy

Plaintiff says defendant has failed to pay certain monetary obligations due under a lease signed on/about Dec. 1, 2020, for property at 12201 E. Arapahoe Road, Suite B-9, Centennial, and seeks damages at trial.

Attorneys: Amanda H. Halstead of Mills Halstead & Zaloudek

Filed: 11/5/2021

21cv31920

Boulder District Court

Thomas Dunn for the Estate of Frederick Jacob Oelke v. Nathaniel Turner a/k/a Nathaniel Hawthorne a/k/a Nathaniel Hampton; 2324 Smith Ct LLC a/k/a 2324 Smith Court LLC; Savuth Yin a/k/a Savuth Yin Jr. a/k/a Saveth Sonovan Yin; Yulisa Yin a/k/a Yulisa Castruita Martin Del Campo a/k/a Melisa Castruita Martin Del Campo; and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action

Plaintiff alleges defendants are attempting to steal seven residential properties from the plaintiff estate by recording fraudulent quit claim deeds from the decedent, Frederick Jacob Oelke, to defendant Turner’s single member limited liability company, 2324 Smith Court, LLC. Plaintiff says Oelke resided at 2324 Smith Court, Longmont, and died in his home on Sept. 15. Because the fraudulent deeds are of record, plaintiff says, there is the possibility defendants may attempt to sell and/or mortgage the seven properties, and requests that the court enter immediate orders enjoining defendants from taking any action related to the seven homes. Plaintiff further requests that the court find that defendants have committed fraud, civil theft and civil conspiracy, and intentionally interfered with the rights of the estate, and that the court declare that the estate is the owner of the properties in question and award quiet title to the properties and appropriate damages.

Attorneys: John W. Gaddis and Erin C. Pierce of Lyons Gaddis

Filed: 11/3/2021

21cv30820

QED v. Ace Property Investments LLC; Mountain West Contractors, LLC; Open Range Access, Inc.; Mountain View Bank of Commerce; and Public Trustee of Boulder County

Plaintiff says it sold electrical goods and equipment for use in the Longmont Storage project at 3026 Nelson Road, Longmont, and is still owed the balance of $27,024.81.

Attorneys: Neil E. Ayervais

Filed: 11/5/2021
21cv30826

Denver District Court

Shamrock Painting Inc. v. Northington Denver Apartments Investors LLC; Martines Palmeiro Construction LLC; Fifth Third Bank National Association; Vander Vegt and Associates Inc. d/b/a Dutch’s Masonry Construction; Architectural Concepts LLC; Leedo Manufacturing Co. LP; United Builders Service Inc.; Sunstate Equipment Co. LLC; Douglass Colony Group Inc.; Alternate Resistance Specialists LLC; Masterpiece Stair Inc.; the Sherwin Williams Company; Colorado Specialties Corp.; City and County of Denver; Public Trustee of City and County of Denver

Plaintiff says it provided labor and materials for a project at 390 N. Grant Street and/or 400 N. Grant Street, Denver, is owed not less than $173,869.78, and has a valid mechanic’s lien on the property and improvements. Plaintiff asks for an order of foreclosure, and that the property be sold to satisfy plaintiff’s claims.

Attorneys: John S. Zakhem and Nicole B. Grimmesey of Jackson Kelly

Filed: 11/5/2021

21cv33532

Built-Rite Construction LLC v. Tires to Green Recycling LLC and Tires to Green Recycling Holding LLC

Plaintiff says it was contracted to make improvements to defendant T2GR’s building, and that during the project, T2GR transferred ownership of the underlying property to defendant Tires to Green Recycling Holding via a bill of sale dated Jan. 4, 2021. Plaintiff says on/about April 14 it requested payment in the amount of $227,139.69, which has not been paid, and alleges the transfer of the property was to hinder plaintiff in being paid what it is owed.

Attorneys: William Hadden Zimmerling

Filed: 11/5/2021

21cv33536

Rexel USA Inc. v. Pearl Flats LLC; DIRC Homes LLC; Alpine Bank; Gregory Paul Frye; and Paul Lopez, as public trustee of the City and County of Denver

Plaintiff says it furnished materials, equipment and goods for use in the construction of improvements to a project at 62, 70, 74 and 78 S. Pearl St., Denver, and is due $141,033.99. Plaintiff asks that its mechanic’s lien be declared valid, and that the sale of the property be ordered to satisfy the judgment.

Attorneys: Mark D. Gruskin, Charles Fuller and P. Eric Voorheis of Senn Visciano Canges

Filed: 11/9/2021

21cv33565

Bricker Wilson Construction Services LLC v. Argonne Co. Partners LLC; Catamount Contractors Inc.; Denver County Public Trustee; and Federal Home Loan Mortgage Corporation

Plaintiff says it provided labor and materials as a subcontractor on the Outlook Gateway Subdivision project and is owed an outstanding balance of $102,864.83. It is entitled to foreclose its lien, plaintiff say, with the proceeds to be applied to satisfy its claims and damages.

Attorneys: Robert H. Miller and Brittany D. Reinke of Miller & Law

Filed: 11/12/2021

21cv33618

Westside Investors Denver LLC v. Common Grounds Denver I LLC and Pacifica Enterprises Inc.

Plaintiff says Common Grounds has failed to pay 19 months’ worth of rent on premises at the 1890 Wynkoop Commercial Condominium Denver on a lease that commenced March 11, 2018, set to expire March 25, 2025, and continues to occupy the property. As of this filing, plaintiff says, defendant owes $509,553.82 in unpaid base rent, accounting for a security deposit already applied, plus additional rent and late fees provided for in the lease.

Attorneys: Tyler Coombe and Sarah M. Mathews of Greenberg Traurig

Filed: 11/12/2021

21cv33623

Douglas District Court

GKT Castle Rock PG1; GKT Castle Rock PG2; and GKT Castle Rock PG3 v. SleNat d/b/a Sleep Nation; and Sean Sutton

Plaintiff says defendant is in default of a lease in the Promenade at Castle Rock shopping center, dated March 2017, and seeks damages to be determined at trial.

Attorneys: Charles E. Fuller and P. Eric Voorheis of Senn Visciano Canges

Filed: 11/5/2021

21cv30791

The Docket real estate lawsuit roundup

Adams District Court

Freund Real Estate Holdings LLC v. Predator Recovery Inc. d/b/a Sure Shot Recovery, Inc.

Plaintiff says defendant leased property at 15408 E. Montview Blvd., Aurora, beginning March 2020 for a five-year period and for an initial monthly rent of $3,600 per month, but immediately after commencement of the lease began missing monthly rental payments and vacated the premises on/about January 2021. To date, plaintiff says it is owed $55,200.

Attorneys: Anthony Leffert and Marie C. Zimmerman of Robinson Waters

Filed: 11/12/2021

21cv31282

A deceased man’s estate says fraudulent quit claim deeds were recorded for seven properties, plus several contractors claim they were stiffed.

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