The Docket: Real estate lawsuit roundup for 12.16.21

Boulder District Court 

Thomas Campbell v. Functional Remedies

Beginning on April 3, 2017, plaintiff says he loaned millions of dollars in funds to Functional Remedies, which deals in hemp oil, loans that were memorialized in a series of promissory notes extending through Nov. 8, 2021. The total principal amount loaned is not less than $16,817,883.57, and plaintiff says defendant is in default, and upon information and belief, defendant’s debt to plaintiff is significantly greater than the amount of its assets. As a result, plaintiff says, the parties have agreed to the immediate appointment of a receiver to facilitate the liquidation of the assets and the protection of the collateral for plaintiff, and plaintiff requests that the court immediately appoint the receiver and enter judgment for damages to be determined at trial.

Attorneys: Chad S. Caby and Elliot Reaven of Lewis Roca Rothgerber Christie

Filed: 11/29/2021

21cv30890

Denver District Court

10255 E 25th A, LLC d/b/a Gateway A, LLC v. Sunflower Plant Shop, LLC

On/around Aug. 2, 2021, plaintiff says tenant entered into a commercial lease for property at 10255 E. 25thAve., Suite A-12, Aurora, with a term to run through Aug. 31, 2024, and vacated the premises on Oct. 1, having failed to pay monthly occupancy fees and other amounts due. Plaintiff seeks amounts due and to become due at trial.

Attorneys: Daniel K. Calisher, Melanie MacWilliams-Brooks and Erin B. O’Neill Foster Graham Milstein & Calisher

Filed: 11/29/2021

21cv33788

Nica Construction, Inc. v. One19 Cherry Creek LLC; Pacific North Enterprises LLC; BRMK Lending, LLC; and Barsch Woodworks LLC

Plaintiff says it provided commercial construction services for a 37-unit residential condominium located at 119 S. Harrison St., Denver, for contractor Pacific North, with One19 Cherry Creek LLC as developer, was not paid, and as a result it recorded a mechanic’s lien against the project on July 6, 2021. Plaintiff says it is owed $81,865, and seeks foreclosure of the lien and the sale of the property.

Attorneys: Jerome R. Geraghty of Geraghty Law Office

Filed: 12/3/2021

21cv33860

Colour Concepts Inc. v. Adams Tree Roofing and Construction LLC, and Wheelhouse Construction Inc.

Plaintiff says Adams Tree failed to timely pay for all amounts due for drywall and painting work on a residential project, owing $28,167.44, and that it recorded a mechanic’s lien. Plaintiff seeks to recover damages at trial.

Attorneys: Alan S. Thompson of Lohf Shaiman Jacobs

Filed: 12/8/2021

21cv33905

El Paso District Court

Avery Asphalt, Inc. v. Bogart Construction, Inc. and Recreational Equipment, Inc. d/b/a REI, Inc.

Plaintiff says it performed asphalt and paving work on the REI project, at 1266 E Woodmen Road, Colorado Springs, and general contractor Bogart failed to pay all amounts due. Plaintiff has a valid mechanic’s lien upon the property for $251,538.11, and requests that the lien be foreclosed upon and the property sold, applying the proceeds to satisfy the lien.

Attorneys: Karl A. Berg Jr. and Hilary A. Roland of Mulliken Weiner Berg & Jolivet

Filed: 12/7/2021

21cv31941

Neuenschwander Enterprises, LLC v. Pho and Cajun; Luan Nguyen; and Lisa Tran

Plaintiff says Pho leased 1,932 square feet of restaurant space in the Westwind Marketplace shopping center at 4431 Centennial Blvd., Colorado Springs, beginning Jan. 23, 2020, to run through Feb. 28, 2030, and has breached the lease by failing to pay rent and other charges due and failing to return the premises in clean and good condition after vacating on Oct. 16 or 17, 2021. Plaintiff seeks damages of at least $41,000 at trial.

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

Filed: 12/8/2021

21cv31955

Jefferson District Court

Bold Brothers Roofing Co. v. Overseas Holdings Resources, Inc.

Plaintiff says it performed work on a project at 32156 Castle Court, Evergreen, and has received payment for $126,173.46 of the $243,858.15 due, leaving a balance of $117,684.69. Plaintiff seeks foreclosure of its mechanic’s lien on the property.

Attorneys: Joseph Lusk of Boatright and Ripp

Filed: 11/30/2021

21cv31311

Marquest, LLC v. Yagouaroundi Enterprises, LLC a/k/a Yagouarandi Enterprises, LLC

Plaintiff says defendant has failed to pay rent on property at 5555 W. 69th Ave., Arvada, for January through November 2021, and seeks damages of $42,500.

Attorneys: Douglas W. Brown and Scott W. Drusch of Brown Dunning Walker Fein

Filed 11/30/2021

21cv31312

Larimer District Court

Pawnee Leasing Corporation v. Circle R Equipment Rental, Inc. and Michael Miller

Plaintiff says defendant leased equipment beginning November 2017 for a term of 60 months, but has failed to pay, and seeks damages of $34,093.15 plus costs of repossession.

Attorneys: Harry L. Simon

Filed: 12/13/2021

21cv30897

The Docket real estate lawsuit roundup

Boulder District Court 

Thomas Campbell v. Functional Remedies

Beginning on April 3, 2017, plaintiff says he loaned millions of dollars in funds to Functional Remedies, which deals in hemp oil, loans that were memorialized in a series of promissory notes extending through Nov. 8, 2021. The total principal amount loaned is not less than $16,817,883.57, and plaintiff says defendant is in default, and upon information and belief, defendant’s debt to plaintiff is significantly greater than the amount of its assets. As a result, plaintiff says, the parties have agreed to the immediate appointment of a receiver to facilitate the liquidation of the assets and the protection of the collateral for plaintiff, and plaintiff requests that the court immediately appoint the receiver and enter judgment for damages to be determined at trial.

Attorneys: Chad S. Caby and Elliot Reaven of Lewis Roca Rothgerber Christie

Filed: 11/29/2021

21cv30890

A plaintiff says he is owed $16.8 million he loaned to a hemp oil company, several contractors claim they were not paid for work they did, and landlords sue for rent owed.

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