The Docket: Real estate lawsuit roundup for 7.14.22

Adams District Court

State Farm Fire and Casualty Company; 1945 Peoria Investor v. Broan-Nutone; Portus dba Wheelhouse Apartments dba Boutique Apartments
The plaintiffs allege that the defendant Broan-Nutone’s defective bathroom ventilation fan, plus inadequate maintenance by the defendants Wheelhouse Apartments and Boutique Apartments, caused a fire that significantly damaged the plaintiff’s property.
Attorneys: Adrian Tilley and Howard Beck, Beck Payne Frank & Piper P.C.
Filed: 6/28/2022
22cv30826

Orlando Martinez v. AutoZone Parts; Jachnik Czeslaw
The plaintiff, who owns property at 5804 Poplar St. in Commerce City, claims the defendants “removed the land survey monument corner markers on the property line and encroached upon” his property by placing rocks and shrubs there.
Attorneys: Thomas J. Wolf, Ireland Stapleton Pryor & Pascoe P.C.
Filed: 6/28/2022
22cv30821

D. Troyer v. EnviroServe
The plaintiff claims it entered into a lease with the defendant for property at 8550 Valentia St. in Commerce City and the defendant caused $108,370 in damages.
Attorneys: Patrick G. Compton and J. Matthew Thornton, Ballard Spahr LLP
Filed: 6/30/2022
22cv30842

Clayton Supply dba Precision Building Systems v. Gold Crest Homes; Gerald Anderson
The plaintiff claims it entered into an agreement with the defendant in which the plaintiff would provide materials for a residential development in Tooele, Utah, to the defendant, which is the general contractor for the project. The plaintiff claims the defendant didn’t pay and owes it $1.1 million plus interest monthly at 2 percent.
Attorneys: David G. Mayhan and Sarah Smyth, O’Brien Butler Snow LLP
Filed: 7/8/2022
22cv30896

Arapahoe District Court

Nicole Ortez v. Calm Properties; Deerwoods Management
The plaintiff, a tenant in an apartment complex at 1320 Macon St. in Aurora, claims her “residence was pervasively and severely infested by bed bugs.” She seeks undisclosed damages from the owner and manager of the apartment complex.
Attorneys: Adrian A. Sak, Sak Law Firm LLC
Filed: 7/3/2022
22cv31236

Carl Lonsdale; Deanna Smith v. 9913 E 1st; Fairways at Lowry Aurora
The plaintiffs claim that the defendants, who own an apartment complex at 9913 E. 1st Ave. in Aurora, “have a pattern and culture of extreme indifference and reckless disregard for the value of human life and the rights of their guests” because of bed bugs.
Attorneys: Adrian A. Sak, Sak Law Firm LLC
Filed: 7/5/2022
22cv31240

JR Clark Construction v. Columbines Ultimate
The plaintiff claims it hired the defendant to do work at 1109 W. Littleton Blvd. in Littleton but the defendant “failed to deliver a satisfactory, professional and workman-like project.” The plaintiff seeks an undisclosed amount for damages.
Attorneys: Brett R. Lilly
Filed: 7/6/2022
22cv31251

JR Clark Enterprises v. Art of the Yard
The plaintiff claims it hired the defendant to do work at 905 Bear Creek Ave. in Morrison and paid the defendant $50,842 but the defendant caused extensive damage to the property. The plaintiff seeks an undisclosed amount for damages.
Attorneys: Brett R. Lilly
Filed: 7/6/2022
22cv31250

Boulder District Court

Hercules Industries v. 30th And Pearl Boulder; AMI Mechanical; SLC Commercial Construction; Capitol Indemnity Corporation
Plaintiff claims defendant AMI has not paid it $22,069 for HVAC supplies and that the other defendants, owners of property at 3000 Pearl Pkwy. in Boulder, owe it $39,168.
Attorneys: David B. Law and Noel P. Trujillo, Miller & Law P.C.
Filed: 6/29/2022
22cv30433

Relief Home Services v. Anya McGanty; Angelica Arreola; Edgar Mendoza; Hamish Martin; Home Mortgage Alliance; Home Point Financial Corporation; Suretec Insurance Company; Public Trustee of Boulder County
Mechanic’s lien foreclosure. The plaintiff claims the defendants owe it $17,000 for the plaintiff’s work on a home at 13 Curtis Place in Longmont.
Attorneys: Zachary G. Wilson, The Wilson Law Firm P.C.
Filed: 6/29/2022
22cv30435

Aaron Stoddard v. EPH Corner Stone and Stucco
The plaintiff claims he paid the defendant for work on a home at 1180 Ravenwood Road in Boulder and the defendant’s work then damaged the home. He seeks about $45,000.
Attorneys: William H. Eikenberry, Jones & Keller P.C.
Filed: 7/1/2022
22cv30439

Douglas Mayfield; Amanda Mayfield v. Nancy Delacroix; Metlife Auto & Home Insurance Agency aka Farmers General Insurance Agency; American Strategic Insurance Corp. dba Progressive Home; CoreLogic Systems aka CoreLogic Valuation Solutions aka CoreLogic
The plaintiffs, a married couple, claim the defendant insurance agent DeLaCroix gave them bad advice about insuring their home at 101 Cherrywood Lane in Louisville before it was lost in the Marshall fire, costing them hundreds of thousands of dollars.
Attorneys: Howard O. Bernstein, Christine Breen and Shirin Chahal, Howard O. Bernstein P.C.
Filed: 7/12/2022
22cv30463

Denver District Court

Chistopher Frank v. Peter Churchill; Luca Churchill; Shiloh Churchill; Mountainsky Construction LLC dba Mountainsky Landscaping LLC; 316 Excavating LLC; Mountainsky Painting LLC
Plaintiff alleges he hired defendants for construction of a pool and landscaping at 7405 Race St. in Denver and made payments of $24,678 and $45,926. Then, defendants told the plaintiff that an employee had embezzled more than $200,000, so the company was declaring bankruptcy and couldn’t finish the job. The plaintiff seeks about $700,000.
Attorneys: Jordan C. May and Ryan P. Horace, Frascona Joiner Goodman & Greenstein P.C.
Filed: 6/29/2022
22cv31824

James Gardner; Devon Gardner v. Peirce Consulting LLC; Todd Peirce
Plaintiffs claim they hired the defendants for design work on a house at 133 S. Emerson St. in Denver that was built in 1900 and paid them $11,427. Plaintiffs say the defendants failed to obtain necessary permits and plans. They seek $136,000.
Attorneys: Terrence P. Murray and Darrell D.B. Damschen, Murray & Damschen P.C.
Filed: 6/29/2022
22cv31827

Kancho Joko Ninomiya v. Circular Properties LLC; Michael Mitsuyuki Ninomiya; Diana I. Ninomiya
The plaintiff claims that, through defendant Circular Properties, the plaintiff’s son has taken control of his properties at 4730 and 4736 E. Colfax Ave. in Denver, diverting away rental income and preventing the plaintiff’s Enshin karate dojo from operating.
Attorneys: Max A. Montag and David Silverman, Silverman Law Firm LLC
Filed: 6/29/2022

JD Cerf LLC v. CP Fit Lifestyle LLD; Kris Pacey; Christina Pacey
Lease dispute. The plaintiff claims the defendants owe it an undisclosed amount of money for failing to pay rent, failing to complete a build-out and occupy the premises, and failing to pay for the first $150,000 in build-out costs as set forth in the lease.
Attorneys: Aaron C. Acker, Springer and Steinberg P.C.
Filed: 6/29/2022
22cv31829

Krista LLC v. Trucraft Contracting LLC; Jason Russo
The plaintiff claims it hired the defendants to construct a three-season room at 6795 E. Exposition Ave. in Denver but the defendants’ plans weren’t approved by the city and the defendants quit working on the project. The plaintiff seeks undisclosed damages.
Attorneys: Michael Gates and Lindsey D. Idelberg, Foster Graham Milstein & Calisher
Filed: 7/1/2022
22cv31857

PanTerra Energy LLC v. Linli Construction Inc.
The plaintiff claims the defendant sued it, never served it the lawsuit, then won a default judgment against the plaintiff for $37,886. The plaintiff wants that judgment nullified.
Attorneys: Jerome M. Joseph and Theodore A. Wells, Allen & Curry P.C.
Filed: 6/30/2022
22cv31842

John Kopperud; Rebecca Kopperud v. Deutsche Bank National Trust Company, as trustee for Freemont Home Loan Trust 2005-1; Asset-Backed Certificates Series 2005-1; Ocwen Loan Servicing LLC; PHH Mortgage Corporation
The plaintiffs, a married couple, say the defendant Ocwen sold their home at 8044 E. Bayaud Ave. in Denver to the defendant Deutsche Bank at a foreclosure sale after they made a payment of $37,858 that was supposed to prevent a foreclosure sale.
Attorneys: David A. Laird and Patrick R. Akers, Moye White LLP
Filed: 7/5/2022
22cv31871

City and County of Denver v. Lewis Investments LLC
Eminent domain. The city seeks the rear 8 feet of lots 32 and 33 at 4727 Brighton Blvd. in Denver for the erection, construction, replacement, modification and upgrading of facilities that are part of its National Western Center project.
Attorneys: Kristin M. Bronson, Denver City Attorney
Filed: 7/7/2022
22cv31899

Split Mountain LLC v. Excel Roofing Incorporated dba Excel Roofing Inc.
The plaintiff alleges it hired the defendant to do roofing work at 4660, 4662, 4664, 4666, 4668, 4690, 4692, 4694 and 4696 Glencoe St. in Denver in 2014 and 2017 and that the work in both years caused destructive leaks. The plaintiff seeks $200,000.
Attorneys: Craig N. Blockwick, Blockwick Eisentein Krahenbuhl LLC
Filed: 7/7/2022
22cv31915

Colorado Coatings Inc. dba Right Way Roofing v. Ryan E. Beall aka Eli King; The Roofing Broker LLC; Independence Institute
The plaintiff claims it entered into an agreement with the defendant Beall in which Beall would sell the plaintiff’s roofing services. The plaintiff says the defendant Independence Institute, a right-wing think tank, hired the plaintiff to install a roof and that defendant Beall was fired from the job for poor work performance and inappropriate behavior. The plaintiff alleges the defendant then created his own company and took the job.
Attorneys: William Hadden Zimmerling
Filed: 7/9/2022
22cv31929

Douglas District Court

Amanda Rugloski; Andreas Rugloski v. McDonald Remodeling and Design Corp; James McDonald
Plaintiffs say they hired the defendants to remodel property at 1964 Mountain View Road in Sedalia and defendants performed deficient work. Plaintiffs seek more than $18,000.
Attorneys: Gerald L. Jorgensen, Jorgensen Brownell & Pepin P.C.
Filed: 7/6/2022
22cv30478

The Bank of New York Mellon fka The Bank of New York, trustee for CWalt v. Lincoln Square Lofts Homeowners Association; Po Luxe Homes
Contract dispute. The plaintiff claims that defendants omitted the plaintiff from a foreclosure process at 10184 Park Meadows Drive in Lone Tree. It seeks $163,920.
Attorneys: Robert Scott, Akerman LLP
Filed: 7/7/2022
22cv30480

Addison Insurance Company v. Stickley Plumbing; Mcbeth Plumbing
The plaintiff claims that the defendant’s faulty work caused property damage for the plaintiff’s insuree at 10796 Quail Creek Drive in Parker. The plaintiff seeks $226,000.
Attorneys: Stuart D. Morse and Amber L. Brink, Stuart D. Morse & Associates LLC
Filed: 7/7/2022
22cv30483

U.S. District Court for the District of Colorado

Andre Torkelson v. My Home Team LLC; Denver West Realty Group LLC dba Keller Williams Advantage LLC; Keller Williams Realty Inc.
The plaintiff claims that after his wife became critically ill, the defendants treated him disparately and punished him for manufactured absences, then fired him “because of his association with his wife.” He alleges violations of the Americans with Disabilities Act, the Colorado Anti-Discrimination Act and the Family and Medical Leave Act.
Attorneys: Claire E. Hunter and Jesse Fishman, HKM Employment Attorneys LLP
Filed: 6/29/2022
1:22cv1623

Adams District Court

State Farm Fire and Casualty Company; 1945 Peoria Investor v. Broan-Nutone; Portus dba Wheelhouse Apartments dba Boutique Apartments
The plaintiffs allege that the defendant Broan-Nutone’s defective bathroom ventilation fan, plus inadequate maintenance by the defendants Wheelhouse Apartments and Boutique Apartments, caused a fire that significantly damaged the plaintiff’s property.
Attorneys: Adrian Tilley and Howard Beck, Beck Payne Frank & Piper P.C.
Filed: 6/28/2022
22cv30826

Orlando Martinez v. AutoZone Parts; Jachnik Czeslaw
The plaintiff, who owns property at 5804 Poplar St. in Commerce City, claims the defendants “removed the land survey monument corner markers on the property line and encroached upon” his property by placing rocks and shrubs there.
Attorneys: Thomas J. Wolf, Ireland Stapleton Pryor & Pascoe P.C.
Filed: 6/28/2022
22cv30821

D. Troyer v. EnviroServe
The plaintiff claims it entered into a lease with the defendant for property at 8550 Valentia St. in Commerce City and the defendant caused $108,370 in damages.
Attorneys: Patrick G. Compton and J. Matthew Thornton, Ballard Spahr LLP
Filed: 6/30/2022
22cv30842

Clayton Supply dba Precision Building Systems v. Gold Crest Homes; Gerald Anderson
The plaintiff claims it entered into an agreement with the defendant in which the plaintiff would provide materials for a residential development in Tooele, Utah, to the defendant, which is the general contractor for the project. The plaintiff claims the defendant didn’t pay and owes it $1.1 million plus interest monthly at 2 percent.
Attorneys: David G. Mayhan and Sarah Smyth, O’Brien Butler Snow LLP
Filed: 7/8/2022
22cv30896

Arapahoe District Court

Nicole Ortez v. Calm Properties; Deerwoods Management
The plaintiff, a tenant in an apartment complex at 1320 Macon St. in Aurora, claims her “residence was pervasively and severely infested by bed bugs.” She seeks undisclosed damages from the owner and manager of the apartment complex.
Attorneys: Adrian A. Sak, Sak Law Firm LLC
Filed: 7/3/2022
22cv31236

Carl Lonsdale; Deanna Smith v. 9913 E 1st; Fairways at Lowry Aurora
The plaintiffs claim that the defendants, who own an apartment complex at 9913 E. 1st Ave. in Aurora, “have a pattern and culture of extreme indifference and reckless disregard for the value of human life and the rights of their guests” because of bed bugs.
Attorneys: Adrian A. Sak, Sak Law Firm LLC
Filed: 7/5/2022
22cv31240

JR Clark Construction v. Columbines Ultimate
The plaintiff claims it hired the defendant to do work at 1109 W. Littleton Blvd. in Littleton but the defendant “failed to deliver a satisfactory, professional and workman-like project.” The plaintiff seeks an undisclosed amount for damages.
Attorneys: Brett R. Lilly
Filed: 7/6/2022
22cv31251

JR Clark Enterprises v. Art of the Yard
The plaintiff claims it hired the defendant to do work at 905 Bear Creek Ave. in Morrison and paid the defendant $50,842 but the defendant caused extensive damage to the property. The plaintiff seeks an undisclosed amount for damages.
Attorneys: Brett R. Lilly
Filed: 7/6/2022
22cv31250

Boulder District Court

Hercules Industries v. 30th And Pearl Boulder; AMI Mechanical; SLC Commercial Construction; Capitol Indemnity Corporation
Plaintiff claims defendant AMI has not paid it $22,069 for HVAC supplies and that the other defendants, owners of property at 3000 Pearl Pkwy. in Boulder, owe it $39,168.
Attorneys: David B. Law and Noel P. Trujillo, Miller & Law P.C.
Filed: 6/29/2022
22cv30433

Relief Home Services v. Anya McGanty; Angelica Arreola; Edgar Mendoza; Hamish Martin; Home Mortgage Alliance; Home Point Financial Corporation; Suretec Insurance Company; Public Trustee of Boulder County
Mechanic’s lien foreclosure. The plaintiff claims the defendants owe it $17,000 for the plaintiff’s work on a home at 13 Curtis Place in Longmont.
Attorneys: Zachary G. Wilson, The Wilson Law Firm P.C.
Filed: 6/29/2022
22cv30435

Aaron Stoddard v. EPH Corner Stone and Stucco
The plaintiff claims he paid the defendant for work on a home at 1180 Ravenwood Road in Boulder and the defendant’s work then damaged the home. He seeks about $45,000.
Attorneys: William H. Eikenberry, Jones & Keller P.C.
Filed: 7/1/2022
22cv30439

Douglas Mayfield; Amanda Mayfield v. Nancy Delacroix; Metlife Auto & Home Insurance Agency aka Farmers General Insurance Agency; American Strategic Insurance Corp. dba Progressive Home; CoreLogic Systems aka CoreLogic Valuation Solutions aka CoreLogic
The plaintiffs, a married couple, claim the defendant insurance agent DeLaCroix gave them bad advice about insuring their home at 101 Cherrywood Lane in Louisville before it was lost in the Marshall fire, costing them hundreds of thousands of dollars.
Attorneys: Howard O. Bernstein, Christine Breen and Shirin Chahal, Howard O. Bernstein P.C.
Filed: 7/12/2022
22cv30463

Denver District Court

Chistopher Frank v. Peter Churchill; Luca Churchill; Shiloh Churchill; Mountainsky Construction LLC dba Mountainsky Landscaping LLC; 316 Excavating LLC; Mountainsky Painting LLC
Plaintiff alleges he hired defendants for construction of a pool and landscaping at 7405 Race St. in Denver and made payments of $24,678 and $45,926. Then, defendants told the plaintiff that an employee had embezzled more than $200,000, so the company was declaring bankruptcy and couldn’t finish the job. The plaintiff seeks about $700,000.
Attorneys: Jordan C. May and Ryan P. Horace, Frascona Joiner Goodman & Greenstein P.C.
Filed: 6/29/2022
22cv31824

James Gardner; Devon Gardner v. Peirce Consulting LLC; Todd Peirce
Plaintiffs claim they hired the defendants for design work on a house at 133 S. Emerson St. in Denver that was built in 1900 and paid them $11,427. Plaintiffs say the defendants failed to obtain necessary permits and plans. They seek $136,000.
Attorneys: Terrence P. Murray and Darrell D.B. Damschen, Murray & Damschen P.C.
Filed: 6/29/2022
22cv31827

Kancho Joko Ninomiya v. Circular Properties LLC; Michael Mitsuyuki Ninomiya; Diana I. Ninomiya
The plaintiff claims that, through defendant Circular Properties, the plaintiff’s son has taken control of his properties at 4730 and 4736 E. Colfax Ave. in Denver, diverting away rental income and preventing the plaintiff’s Enshin karate dojo from operating.
Attorneys: Max A. Montag and David Silverman, Silverman Law Firm LLC
Filed: 6/29/2022

JD Cerf LLC v. CP Fit Lifestyle LLD; Kris Pacey; Christina Pacey
Lease dispute. The plaintiff claims the defendants owe it an undisclosed amount of money for failing to pay rent, failing to complete a build-out and occupy the premises, and failing to pay for the first $150,000 in build-out costs as set forth in the lease.
Attorneys: Aaron C. Acker, Springer and Steinberg P.C.
Filed: 6/29/2022
22cv31829

Krista LLC v. Trucraft Contracting LLC; Jason Russo
The plaintiff claims it hired the defendants to construct a three-season room at 6795 E. Exposition Ave. in Denver but the defendants’ plans weren’t approved by the city and the defendants quit working on the project. The plaintiff seeks undisclosed damages.
Attorneys: Michael Gates and Lindsey D. Idelberg, Foster Graham Milstein & Calisher
Filed: 7/1/2022
22cv31857

PanTerra Energy LLC v. Linli Construction Inc.
The plaintiff claims the defendant sued it, never served it the lawsuit, then won a default judgment against the plaintiff for $37,886. The plaintiff wants that judgment nullified.
Attorneys: Jerome M. Joseph and Theodore A. Wells, Allen & Curry P.C.
Filed: 6/30/2022
22cv31842

John Kopperud; Rebecca Kopperud v. Deutsche Bank National Trust Company, as trustee for Freemont Home Loan Trust 2005-1; Asset-Backed Certificates Series 2005-1; Ocwen Loan Servicing LLC; PHH Mortgage Corporation
The plaintiffs, a married couple, say the defendant Ocwen sold their home at 8044 E. Bayaud Ave. in Denver to the defendant Deutsche Bank at a foreclosure sale after they made a payment of $37,858 that was supposed to prevent a foreclosure sale.
Attorneys: David A. Laird and Patrick R. Akers, Moye White LLP
Filed: 7/5/2022
22cv31871

City and County of Denver v. Lewis Investments LLC
Eminent domain. The city seeks the rear 8 feet of lots 32 and 33 at 4727 Brighton Blvd. in Denver for the erection, construction, replacement, modification and upgrading of facilities that are part of its National Western Center project.
Attorneys: Kristin M. Bronson, Denver City Attorney
Filed: 7/7/2022
22cv31899

Split Mountain LLC v. Excel Roofing Incorporated dba Excel Roofing Inc.
The plaintiff alleges it hired the defendant to do roofing work at 4660, 4662, 4664, 4666, 4668, 4690, 4692, 4694 and 4696 Glencoe St. in Denver in 2014 and 2017 and that the work in both years caused destructive leaks. The plaintiff seeks $200,000.
Attorneys: Craig N. Blockwick, Blockwick Eisentein Krahenbuhl LLC
Filed: 7/7/2022
22cv31915

Colorado Coatings Inc. dba Right Way Roofing v. Ryan E. Beall aka Eli King; The Roofing Broker LLC; Independence Institute
The plaintiff claims it entered into an agreement with the defendant Beall in which Beall would sell the plaintiff’s roofing services. The plaintiff says the defendant Independence Institute, a right-wing think tank, hired the plaintiff to install a roof and that defendant Beall was fired from the job for poor work performance and inappropriate behavior. The plaintiff alleges the defendant then created his own company and took the job.
Attorneys: William Hadden Zimmerling
Filed: 7/9/2022
22cv31929

Douglas District Court

Amanda Rugloski; Andreas Rugloski v. McDonald Remodeling and Design Corp; James McDonald
Plaintiffs say they hired the defendants to remodel property at 1964 Mountain View Road in Sedalia and defendants performed deficient work. Plaintiffs seek more than $18,000.
Attorneys: Gerald L. Jorgensen, Jorgensen Brownell & Pepin P.C.
Filed: 7/6/2022
22cv30478

The Bank of New York Mellon fka The Bank of New York, trustee for CWalt v. Lincoln Square Lofts Homeowners Association; Po Luxe Homes
Contract dispute. The plaintiff claims that defendants omitted the plaintiff from a foreclosure process at 10184 Park Meadows Drive in Lone Tree. It seeks $163,920.
Attorneys: Robert Scott, Akerman LLP
Filed: 7/7/2022
22cv30480

Addison Insurance Company v. Stickley Plumbing; Mcbeth Plumbing
The plaintiff claims that the defendant’s faulty work caused property damage for the plaintiff’s insuree at 10796 Quail Creek Drive in Parker. The plaintiff seeks $226,000.
Attorneys: Stuart D. Morse and Amber L. Brink, Stuart D. Morse & Associates LLC
Filed: 7/7/2022
22cv30483

U.S. District Court for the District of Colorado

Andre Torkelson v. My Home Team LLC; Denver West Realty Group LLC dba Keller Williams Advantage LLC; Keller Williams Realty Inc.
The plaintiff claims that after his wife became critically ill, the defendants treated him disparately and punished him for manufactured absences, then fired him “because of his association with his wife.” He alleges violations of the Americans with Disabilities Act, the Colorado Anti-Discrimination Act and the Family and Medical Leave Act.
Attorneys: Claire E. Hunter and Jesse Fishman, HKM Employment Attorneys LLP
Filed: 6/29/2022
1:22cv1623

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