The Docket: Real estate lawsuit roundup for 9.22.22

Adams District Court

Cannery Row Inn LP, a California limited partnership v. Martin Le LLC dba Pho Kimmie; Martin Le; Hana Nguyen LLC; Hieu Nguyen aka Hien Nguyen
Lease dispute. The plaintiff alleges the defendants haven’t paid rent at 2841 W. 120th Ave. Suite C-100 in Westminster.
Attorneys: Christopher A. Young, CYLG P.C.
Filed: 9/8/2022
22cv31224

Albert Frei and Sons v. Prairie Corner Development Partners; KTK General Contracting Corporation; Maverik; T-Roll Construction
Foreclosure of a mechanic’s lien at 2005, 2015 and 2025 Telluride St. in Brighton due to $54,078 in unpaid supplies.
Attorneys: Jack P. Storti and Nicholas L. DeBruyne, Berg Hill Greenleaf Ruscitti
Filed: 9/12/2022
22cv31236

Adams County; Adams County Board of County Commissioners v. Budd Rentals
The plaintiffs claim they bought a .003-acre portion of property at 5493 Pecos St. in Denver from the defendant for the development of a railway system and paid $5,344 but haven’t received the deed.
Attorneys: Michael A. Sink, assistant county attorney
Filed: 9/13/2022
22cv31242

Philip James II; Kelly Steck-James v. Vitaly Shoykhet; Marina Shoykhet; DBH Bank; Adams County; Public Trustee of Adams County; NBH Bank; all unknown persons claiming an interest in the matter
The plaintiffs claim they sold property at 14730 Tejon St. in Broomfield to the defendants in a sale that wasn’t supposed to include mineral rights but the deed incorrectly included mineral rights and the defendants won’t correct the mistake.
Attorneys: Jon T. Bradley and Kelci S. Straub, Bradley Devitt Haas & Watkins P.C.
Filed: 9/19/2022
22cv31265

Arapahoe District Court

Belleview Square LLC, a Delaware limited liability company v. Tokyo Inc. dba Tokyo Joe’s
Lease dispute. The plaintiff alleges the defendant has failed to pay rent and vacated the property at 4950 South Yosemite St. in Englewood in violation of its lease.
Attorneys: Alan D. Sweetbaum, Sweetbaum Sands P.C.
Filed: 9/8/2022
22cv31707

Pam Chadbourne v. City of Littleton, City Council
The plaintiff disputes the process and outcome of the defendants’ approval of a new Downtown Development Authority.
Attorneys: Elliot A. Singer, Conduit Law
Filed: 9/11/2022
22cv31719

Bridges at Smoky Hill Centennial v. Slaughter Fitness and Nutrition dba Fit Body Boot Camp; Jeremy Slaughter
Lease dispute. The plaintiff alleges it leases property at 20981 East Smoky Hill Road in Centennial to the defendants, who have failed to pay an undisclosed amount of money.
Attorneys: Amanda H. Halstead, Mills Halstead & Zaloudek
Filed: 9/9/2022
22cv31717

Madison Capital v. Igor Davidson; Galina Kontorovich; Caliber Home Loans
The plaintiff alleges the defendants Davidson and Kontorovich fraudulently transferred a $1.2 million property at 27533 East Canyon Place in Aurora to prevent the plaintiff, a creditor with a deed of trust for the property, from acquiring it.
Attorneys: Craig D. Joyce and Lilly G. Lentz, Fairfield & Woods P.C.
Filed: 9/12/2022
22cv31733

Ivory Wiggins v. Knapp Realty; Next Property Management
The plaintiff claims the defendant extorted unusually high fees and deposit charges before the plaintiff could obtain a lease at 15390 E. Arizona Ave. in Aurora and is now prematurely terminating that lease without just cause.
Attorneys: Pro se
Filed: 9/13/2022
22cv196

Judy Samuelian aka Judy Samuelian and Mitchell Samuelian, trustees of the Mitchell M. Samuelian and Judy F. Spillman Living Trust v. Country Green Townhomes Association
The plaintiffs claim the defendants have failed to hold an HOA meeting or board election since 2020 but continue to impose assessments without providing a budget for the operation of the HOA and related projects to be funded by the assessments.
Attorneys: Joseph J. Lico and Max Burkhardt, Robinson & Henry P.C.
Filed: 9/13/2022
22cv31739

Blair Investments v. Ace Alliance; Kevlar Holdings
Lease dispute. The plaintiff claims the defendants lease property at 12742 East Caley Ave. in Englewood and owe $17,330 in back rent.
Attorneys: William R. Arant III, Arant Law
Filed: 9/15/2022
22cv31757

Foothills Commercial Builders v. Tucows aka Ting Internet; Ting Fiber
The plaintiff alleges it built the Ting Data Center at 7700 S. Wheeling Court in Englewood and is still owed at least $791,043 from the defendants.
Attorneys: Gilbert R. Egle, Preeo Silverman Green & Egle P.C.
Filed: 9/16/2022
22cv31764

Boulder District Court

Newrez LLC dba Shellpoint Mortgage Servicing v. Matthew A. Koschmann; Jennifer A. Koschmann; Paul Weissmann, public trustee of Boulder County
The plaintiff seeks a declaration voiding the release of a deed of trust after their home at 162 Mohawk Circle in Superior was destroyed in the Marshall Fire.
Attorneys: Megan G. Bruyns and Robert H. Scott, Akerman
Filed: 9/6/2022
22cv30613

24-7 Flood Restoration v. Shantel Bruggeman; Royce Bruggeman; Wells Fargo Bank NA; Public Trustee of Boulder County
Mechanic’s lien foreclosure at 1769 Preston Drive in Longmont due to $40,706 in unpaid work.
Attorneys: Mark A. Herber and Andrew N. Dunkin, Flanders Elsberg Herber & Dunn
Filed: 9/9/2022
22cv30619

Macerich Twenty Ninth Street v. Pei Wei Asian Diner
The plaintiff says it is the landlord of the Twenty Ninth Street shopping center at 1710 29th St. in Boulder and the defendant, a tenant, hasn’t paid all of the rent due.
Attorneys: Timothy W. Gordon and Nicholas W. Katz, Holland & Hart
Filed: 9/13/2022
22cv30627

Hallee Foster v. Faraday Construction; Brenton Vaughn
The plaintiff claims she hired the defendant Vaughn, a broker, to help her purchase 3111 14th St. in Boulder and Vaughn recommended defendant Faraday be hired for work on the property. Faraday then did shoddy work on the property, according to the plaintiff.
Attorneys: Lew M. Harstead and Adam K. Alexander, Johnson & Repucci
Filed: 9/15/2022
22cv30632

Daniel Rice; Lauren Schneidewind v. The Town of Superior; Town of Superior Board of Trustees; RC Superior; PMB; Civil Resources
The plaintiff claims the defendant board of trustees illegally voted to replat property after one of the trustees left the board meeting early.
Attorneys: Chip G. Schoneberger and Melanie MacWilliams-Brooks, Foster Graham Milstein & Calisher
Filed: 9/19/2022
22cv30641

Broomfield District Court

Spiral Horn General Contractors v. Integrated Turf Solutions
The plaintiff claims it paid the defendant $75,000 to install playground turf for a childcare center that the plaintiff built at 16890 Sheridan Parkway in Broomfield and the defendant did shoddy work on the turf.
Attorneys: Charles E. Fuller and P. Eric Voorheis, Senn Visciano Canges P.C.
Filed: 9/16/2022
22cv30237

Denver District Court

Advanced Video Surveillance Inc. v. CSIT Inc. dba Sirvis
The plaintiff seeks a judgment releasing its property at 6144 N. Panasonic Way in Denver from a mechanic’s lien after paying for the defendant’s construction services.
Attorneys: Scott Gelman and Weston Cole, Gelman Law
Filed: 9/6/2022
22cv32563

Lela Kay v. Candlewyck Condominium Association
The plaintiff claims the defendant failed to address a water leak from its common area laundry room, causing $3,601 in damage to her unit.
Attorneys: Kenneth R. Morris
Filed: 9/9/2022
22cv32601

Eric Kufta v. Home Depot USA dba The Home Depot
The plaintiff alleges that he owns a house at 2385 W. 32nd Ave. in Denver and hired the defendant to install windows there and the defendants did so shoddily.
Attorneys: Reid J. Elkus and Lucas Lorenz, Elkus & Sisson P.C.
Filed: 9/9/2022
22cv32612

TBF Financial LLC v. Burgess Services LLC
Lease dispute. The plaintiff claims it leased property at 5500 E. Yale Ave. Suite 201 in Denver to the defendant and the defendant still owes it $7,213, plus interest.
Attorneys: Bill Peterson, Sarah Young, Jonathan Lebsack and Colin Ksobiech, Miller Cohen Peterson Young P.C.
Filed: 9/9/2022
22cv32611

Ammex Masonry Inc. v. MWH Constructors Inc.; Fidelity and Deposit Company of Maryland; Zurich American Insurance Company; Federal Insurance Company
The plaintiff alleges it provided masonry materials and labor to the defendants for improvements at 6475 East Happy Canyon Road in Denver and is owed $60,984.
Attorneys: Edward L. Shepyer, Glade Voogt Lopez Smith Felser P.C.
Filed: 9/15/2022
22cv32656

Ginger Quill LLC v. 100 Park Avenue Homeowners Association Inc.
The plaintiff, which owns a unit in the Park 100 Condominiums at 100 Park Ave. in Denver, claims it was unfairly assessed a $500 fine by the defendant HOA.
Attorneys: Kenneth R. Morris
Filed: 9/16/2022
22cv32683

Aura Garcia v. El Grillo Taqueria LLC; Arnoldo Rodriguez; Madero LLC; Chavez Inc.; Felipe Chavez; Claudia M. Hernandez
The plaintiff claims she bought Taqueria El Grillo at 410 S. Federal Blvd. in Denver from the defendants, who failed to transfer the lease and forced her to vacate the restaurant.
Attorneys: Knute O. Broady III, KOB Law
Filed: 9/16/2022
22cv32688

Denver Building Condominium Owners Association Inc. v. The Denver Dry Condominium Association Inc.
The plaintiff claims the defendant hasn’t paid assessments “for, among other things, the operation, utilities, and maintenance of the historic Denver Dry Building located on California Street between 15th and 16th Streets in downtown Denver.”
Attorneys: Christopher J. Dawes and Adam J. Gentile, Fox Rothschild
Filed: 9/19/2022
22cv32697

Douglas District Court

Outside Dreams LLC v. Kyle Ramstetter; Melissa Ramstetter; The Willow Pointe Property Owners Master Association; Lakeview Loan Servicing LLC; Douglas County Public Trustee
Mechanic’s lien foreclosure at 11364 Mesa Verde Lane in Parker due to $36,440 in unpaid work.
Attorneys: Steven Watkins and Kelci Straub, Bradley Devitt Haas & Watkins P.C.
Filed: 9/7/2022
22cv30654

Ronald Warwick; Lois Warwick v. Castle View
The plaintiffs claim they hired the defendant to perform a deck remodel and install a patio cover at 9296 Windhaven Drive in Parker and the defendant’s materials “spontaneously combusted on the decking,” leaving their home uninhabitable.
Attorneys: James E. Dallner, Lorenzo Ekker Dallner
Filed: 9/14/2022
22cv30675

Rocky Mountain Insulation Corp. v. Kiernan Contracting; Michael Ryan Kiernan; Anita Taree Jamison
Mechanic’s lien foreclosure at 5005 Mesa Drive in Castle Rock due to $6,420 in unpaid labor and materials.
Attorneys: Terry Ehrlich and Scott Havn, Arnold & Arnold
Filed: 9/15/2022
22cv30681

Chad Hudson v. D & H Service LLC aka Certified Magic aka Magic City Concentrates aka Magic City Cannabis; Dmitriy Borisovich Rotenberg aka Dave Rotenberg; Hansell Silva aka Hansell Carrasco; Richard Espinosa; and Boris Rotenberg
The plaintiff claims he leased 17010 E. Carr Ave. in Parker to the defendants, who didn’t pay rent or utility bills and used the house to illegally cultivate marijuana.
Attorneys: Benjamin Volpe, Volpe Law
Filed: 9/19/2022
22cv30689

Jefferson District Court

Horizon v. Catamount Constructors; Legacy Fitzsimons; Regions Bank; Public Trustee of Arapahoe County
Mechanic’s lien foreclosure at 1363 N. Victor St. in Aurora due to $683,745 in unpaid work.
Attorneys: Mark A. Herber and Andrew N. Dunkin, Flanders Elsberg Herber & Dunn
Filed: 9/9/2022
22CV31057

Oz Architecture v. Northstar Ventures; John Cowan Buchanan Jr.
The plaintiff alleges the defendants owe it $32,534 for architectural design services.
Attorneys: Bill Peterson, Sarah Young, Jonathan Lebsack and Colin Ksobiech, Miller Cohen Peterson Young P.C.
Filed: 9/12/2022
22cv31062

U.S. District Court for the District of Colorado

Berlaimont Estates LLC v. United States Forest Service
The plaintiff, a developer of luxury homes near Edwards, seeks a judgment ordering the defendant to issue a decision on the plaintiff’s application for access over Forest Service lands.
Attorneys: Ezekiel J. Williams and John H. Bernetich, Williams Weese Pepple & Ferguson P.C.
Filed: 9/7/2022
1:22cv2300

United States of America fbo Tahoe Construction LLC dba BZ Phaze; Contractors Capital Solutions LLC v. Guarantee Co. of North America USA; Intact Insurance Group USA LLC; A4 Construction Co. Inc.
The plaintiffs allege they are owed $181,495 in unpaid construction work on a “special operations forces mountaineering facility and special operations forces human performance training facility at Fort Carson.”
Attorneys: Michael P. Cross, Cross Law
Filed: 9/8/2022
1:22cv2311

Homeowners Association of Players Club Villas Townhomes Inc. v. QBE Insurance Corp.
The plaintiff, an HOA for 86 townhome units in 43 duplex buildings near 103 Sugar Plum Way in Castle Rock, claims the defendant hasn’t paid insurance benefits that are due after a storm caused wind and hail damage.
Attorneys: Alan T. Dickey, Colella Zefutie
Filed: 9/14/2022
1:22cv2364

Adams District Court

Cannery Row Inn LP, a California limited partnership v. Martin Le LLC dba Pho Kimmie; Martin Le; Hana Nguyen LLC; Hieu Nguyen aka Hien Nguyen
Lease dispute. The plaintiff alleges the defendants haven’t paid rent at 2841 W. 120th Ave. Suite C-100 in Westminster.
Attorneys: Christopher A. Young, CYLG P.C.
Filed: 9/8/2022
22cv31224

Albert Frei and Sons v. Prairie Corner Development Partners; KTK General Contracting Corporation; Maverik; T-Roll Construction
Foreclosure of a mechanic’s lien at 2005, 2015 and 2025 Telluride St. in Brighton due to $54,078 in unpaid supplies.
Attorneys: Jack P. Storti and Nicholas L. DeBruyne, Berg Hill Greenleaf Ruscitti
Filed: 9/12/2022
22cv31236

Adams County; Adams County Board of County Commissioners v. Budd Rentals
The plaintiffs claim they bought a .003-acre portion of property at 5493 Pecos St. in Denver from the defendant for the development of a railway system and paid $5,344 but haven’t received the deed.
Attorneys: Michael A. Sink, assistant county attorney
Filed: 9/13/2022
22cv31242

Philip James II; Kelly Steck-James v. Vitaly Shoykhet; Marina Shoykhet; DBH Bank; Adams County; Public Trustee of Adams County; NBH Bank; all unknown persons claiming an interest in the matter
The plaintiffs claim they sold property at 14730 Tejon St. in Broomfield to the defendants in a sale that wasn’t supposed to include mineral rights but the deed incorrectly included mineral rights and the defendants won’t correct the mistake.
Attorneys: Jon T. Bradley and Kelci S. Straub, Bradley Devitt Haas & Watkins P.C.
Filed: 9/19/2022
22cv31265

Arapahoe District Court

Belleview Square LLC, a Delaware limited liability company v. Tokyo Inc. dba Tokyo Joe’s
Lease dispute. The plaintiff alleges the defendant has failed to pay rent and vacated the property at 4950 South Yosemite St. in Englewood in violation of its lease.
Attorneys: Alan D. Sweetbaum, Sweetbaum Sands P.C.
Filed: 9/8/2022
22cv31707

Littleton's approval of a Downtown Development Authority is disputed and a creditor claims a $1.2 million property in Aurora was fraudulently transferred.

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