The Docket: Real estate lawsuit roundup for 1.5.23

Alfred A. Arraj United States Courthouse

The Alfred A. Arraj United States Courthouse in downtown Denver. (BusinessDen file photo)

Adams District Court

Kellie Herbert v. Northern Colorado Pools Inc.
The plaintiff claims she canceled construction of a pool due to a family emergency but the defendant has refused to refund her $76,350 deposit.
Attorneys: David W. Hannum and Gabriel Montalvo, Robinson & Henry P.C.
Filed: 12/13/2022

Mathew Levine, Penni Levine v. Aria Alfresco; Suresh Chadalavada
The plaintiffs allege the defendants failed to complete work on the plaintiffs’ property at 15568 Valentia St. in Thornton and the work they did perform was defective.
Attorneys: Gerald L. Jorgensen, Jorgensen Brownell & Pepin P.C.
Filed: 12/19/2022

Sunflower Bank v. Sheridan Park 8; Lucy Budde; James Budde
The plaintiff says it loaned the defendants $2.2 million for the purchase of a commercial building at 8670 Wolff Ct. in Westminster but the defendants haven’t repaid the money, resulting in a foreclosure. The plaintiff would like a receiver to maintain the property.
Attorneys: Douglas W. Brown and Scott W. Drusch, Brown Dunning Walker Fein P.C.
Filed: 12/22/2022

Tonya Haas Davidson v. Wendi Setchfield; Todd Creek Farms HOA
The plaintiff claims the defendant HOA board “is trading positions and/or creating vacancies for the sole purpose of appointing themselves rather than facing a fair election.” The plaintiff seeks a temporary restraining order blocking the defendant Setchfield from joining the board and forcing the board to end its ongoing election.
Attorneys: Pro se
Filed: 12/30/2022

Arapahoe District Court

PKC Construction v. Bradley Plumbing Services
Motion to substitute a $22,189 bond in place of a $14,793 mechanic’s lien at 2727 W. Belleview Ave. in Littleton.
Attorneys: Jessica C. Stieber, Coombe Curry Rich & Jarvis
Filed: 12/14/2022

Ollis Knauls; Charlene Tilton; Patrice Hunter; Alfred Hunter; Deshawn Hunter; Tanya Samuel; Kevin Goldsby; Bryan Hull; Ashley Reed; Jacqueline Bowen; Norma Samuels; Christy Whetstone; David Davidson; Louis Santiago; Tierra Allred; Keena Hill; Markia Rhodes; Michael Lunsford; those similarly situated v. Amen Corner dba The Vareco; 11800 E Colfax OZB dba Summit View Inn; 11800 E Colfax OZB Manager
The plaintiffs claim the defendants engage in a “renoviction” scheme in which they purchase dilapidated housing, evict residents and retain their personal property, then revamp the property and sell it or rent it to new tenants at a higher price. In this case, the housing complex is the Summit View Inn at 11800 E. Colfax Ave. in Aurora.
Attorneys: Rebecca Cohn, Burton Nadler and Zachary W. Neumann, Community Economic Defense Project; David H. Seligman and Brianne Power, Towards Justice
Filed: 12/16/2022

Vanchan Som, Lyndi Som v. Richmond American Homes of Colorado
The plaintiffs say the defendant built and sold them a home at 4711 S. Netherland St. in Centennial that is defective.
Attorneys: Chad W. Johnson and David W. Hall, Johnson Law
Filed: 12/16/2022

Priscilla Brown; Larry Chapman; Abraham Chapman Jr; Gwendolyn Chapman; Paula Davis v. Gloria Cannady; Abraham Chapman Jr; Reverse Mortgage Funding
Real estate partition. The plaintiffs say they would like to sell 45130 E. Iliff Trail in Bennett but the defendant Cannady, a part owner, has refused to sign the contract.
Attorneys: Ronnie Fischer and Jennifer K. Fischer, Fischer & Fischer P.C.
Filed: 12/15/2022

Kristian Sievert v. Great Western Building Systems
The plaintiff claims she hired the defendant, an Aurora company, to construct a building in Reno, Nev., but never received the building or a return of her $40,158 deposit.
Attorneys: Alan Schindler and Jacob Jones, Greenspoon Marder
Filed: 12/19/2022

Evgueni Lomakin; Elyc; 10650 E Tennessee Ave 109; 1011 S Ironton St 306; 1011 S Ironton St 205; 8060 E Girard Ave 404; 7355 E Quincy Ave 306; Eugene’s Industrial Cleaning Services v. Ludmila Kamaeff; LK Irrevocable Trust; LK Trust; Yevgeniy Lomakin; YK Management
The plaintiff Lomakin, an emigree from Ukraine who started a commercial cleaning company in 2007 and later invested in real estate, alleges his son and ex-wife fraudulently transferred 10 of his properties in Denver and Aurora to themselves while he was temporarily disabled in 2020 and they were acting as power of attorneys.
Attorneys: Martin J. Champagne Jr., Champagne Law Firm
Filed: 12/23/2022

Denver Pro Concrete v. TM Grace Builders; Anton Aaron Shafer aka Tony Shafer; Construction Loan Services II; Sue Sandstrom, Public Trustee of Arapahoe County; Luis Cruz-Cruz aka Luis Cruzcruz dba Cruz Painting; 460 Adams; Pacheco Enterprises; Matthew Wilcoxson; Allison Wilcoxson; Builders Capital Securitization I; Saluda Grade Alternative Mortgage Trust 2021-Bc1
Foreclosure of a mechanic’s lien at 1 Carriage Brook Rd. in Cherry Hills Village due to $82,863 in unpaid materials and labor.
Attorneys: Andrew J. Felser, Glade Voogt Lopez Smith Felser P.C.
Filed: 12/30/2022

Rize Construction v. MCAA Brands dba Marco’s Pizza; Bre Ddr Br Cornerstar Co; Societe Generale Financial Corporation; Wells Fargo Bank National Association; Arapahoe County Public Trustee
Foreclosure of a mechanic’s lien at 6730-6750 S. Cornerstar Way in Aurora due to $82,351 in unpaid construction work.
Attorneys: Matthew S. Rork and Amanda C. Jokerst, Fairfield & Woods P.C.
Filed: 12/30/2022

Boulder District Court

Fairview Condominiums Homeowners Association v. CPM Construction Services dba Antero Homes; Maple Leaf Investors; Mark Charles Rehm; R3NG; Community Preservation & Management; Affordable Seamless Gutters; Carlos Madera dba CMC Painting and Remodeling; Colorado Concrete Company; International Ironworks; Kevin Murphy Masonry; Nailed It Roofing; Pinnacle Building Solutions; Rise & Shine; Shaker Painting Incorporated
The plaintiff claims the defendants are liable for the negligent acts and omissions of their subcontractors, along with failures to disclose material facts.
Attorneys: Michael A. Hearn, Shane D. Fleener, Sean M. Wells, Michael L. Matthews and Amber K. Groves, Hearn & Fleener
Filed: 12/19/2022

Dales Investments Ltd. v. Rangeview Center dba Rangeview Group LLC
Lease dispute. The plaintiff says it leased a suite at 1790 30th St. in Boulder to the defendant, which defaulted on the lease and still owes $45,800.
Attorneys: Pro se
Filed: 12/19/2022

Blueroom Trust v. Brianna Marie Condominium Association
The plaintiff says it owns a condo at 801 Confidence Dr. in Longmont that is managed by the defendant and the defendant improperly stored heavy materials above the condo and then neither inspected nor repaired the damage to the plaintiff’s condo.
Attorneys: Lucas P. Schaffer, Jorgensen Brownell & Pepin P.C.
Filed: 12/29/2022

Denver District Court

Maria G. Monclova v. K&D Development Inc.
The plaintiff claims she paid the defendant $135,636 to renovate her law office at 1745 S. Federal Blvd. in Denver and the defendant did deficient work.
Attorneys: Eric Martinson, ELM Law
Filed: 12/14/2022

Steele Street Buildings LLC, a Delaware limited liability company, as successor-in-interest to East 38th Avenue Properties LLC v. Streamline Design LLC
Lease dispute. The plaintiff says it leases 3851 Steele St. in Denver to the defendant, which hasn’t paid rent since March 2022 and owes $82,842.
Attorneys: Kimberly A. Bruetsch, Robinson Waters & O’Dorisio P.C.
Filed: 12/14/2022

Condor Townhomes Owners Association Inc., on its own behalf and on behalf of its members v. 4469 Tennyson Development LLC; Dohn Construction Inc.
The plaintiff alleges the defendants failed to properly install concrete, flatwork, sheathing and framing in the plaintiffs’ townhomes along Tennyson Street.
Attorneys: Michael J. Lowder and Allyson K. Bartolomeo, Kerrane Storz P.C.
Filed: 12/16/2022

K4 Dev LLC v. RK Electrical LLC
Motion to substitute a $699,748 bond in place of a $466,499 mechanic’s lien at 1616 Market St. in Denver.
Attorneys: L. Tyrone Holt and Andrew J. King, The Holt Group
Filed: 12/19/2022

Builders Warehouse Inc., a Nebraska corporation v. Milwaukee Development LLC, a Delaware limited liability company; Skytor Building Group Inc.
Mechanic’s lien foreclosure at 619 S. Gilpin St. in Denver due to $45,206 in unpaid work and 1235 S. York St. in Denver due to $57,125 in unpaid work.
Attorneys: Daniel P. Murphy and Eric M. Lee, Murphy & Decker P.C.
Filed: 12/20/2022

Mark A. Strepka v. Michael J. Conkey; Westwind Management Group LLC; Nate Sappington
Lease dispute. The plaintiff says he was unlawfully evicted from 1885 S. Quebec Way in Denver following a fire there.
Attorneys: Pro se
Filed: 12/19/2022

Andy McClaflin; Jacob Hocker; Laura Hocker v. Land Title Guarantee Company; Land Title Exchange Corporation; Kacey Neer
The plaintiffs claim the defendants’ negligence during a “drop and swap” transaction of 91 Elkhorn Ln. in Breckenridge and 15137 W. 63rd Ln. in Arvada cost them $238,000.
Attorneys: Victoria Edwards, Jackson Kelly
Filed: 12/21/2022

Acorn Funding Group LLC v. Jay M. Bianchi; The Estate of Philip A. Bianchi; Aric Bianchi; Kristine Bianchi; Federal Home Loan Mortgage Corporation, as trustee for the Freddie Mac Seasoned Loans Structured Transaction Trust, Series 2020-3; Mortgage Electronic Registration Systems Inc.; Sierra Funding Corp.; Paul D. Lopez, as public trustee of the City and County of Denver
The plaintiff claims defendant Jay Bianchi, a former owner of Grateful Dead-themed bars and venues in Denver, fraudulently transferred 2557 Stout St. in Denver to his brother for $10 to prevent the plaintiff from collecting on a judgment against him.
Attorneys: Elizabeth S. Marcus and Britney Beall-Eder, Frascona Joiner Goodman & Greenstein P.C.
Filed: 12/21/2022

Hunt Electric Corporation v. The Good Clinic LLC; Gardner Builders US.. LLC; LMC Welton Holdings LP; 1776 Curtis LLC; MetLife Real Estate Lending LLC; The Northwestern Mutual Life Insurance Company
Mechanic’s lien foreclosure at 2100 Welton St. in Denver due to $122,694 in unpaid labor and materials.
Attorneys: Gilbert R. Egle, Preeo Silverman Green & Egle P.C.
Filed: 12/22/2022

Acme Commercial Properties LLC v. Jusseaume Family Investments LLC; Stephen R. Jusseaume
The plaintiff says it rents a billboard at 361-363 W. Evans Ave. in Denver and the defendant property owners put up a gate blocking it from reaching that billboard.
Attorneys: Brenton L. Gragg, Allen Vellone Wolf Helfrich & Factor P.C.
Filed: 12/23/2022

51st Ave Montbello LLC v. 51st Property Management Group LLC; Redla Group LLC, a Georgia limited liability company
Lease dispute. The plaintiff says it leases 10625 E. 51st Ave. Unit 101 in Denver to the defendants, who owe $332,789 in unpaid rent.
Attorneys: Christopher P. Carrington and Benjamin W. Hudgens, Richards Carrington
Filed: 12/29/2022

Jim Chachas v. Edge Properties Inc.
The plaintiff says he owns four properties in Denver that the defendant once managed. After he changed management companies, the defendant refused to hand over receipts and other documents that it must hand over under their agreement, the plaintiff says.
Attorneys: Melanie MacWilliams-Brooks, Foster Graham Milstein & Calisher
Filed: 12/28/2022

Interstate Restoration LLC v. The Sabine On Fifth Residential Condominiums Association Inc.; Jose Anziani; Victoria Chin; Charlotte Barrett; Daniel Cole Brown; Christopher Chilek; Natalie Chou; Sally Cukerbaum; Neal Cukerbaum; Katherine Freese; Graeme Gorra; Valerie Gray; Deborah Hicks; Cardinal Associates 1 LLC; Matthew Layton; Cara Rizzo; Kathryn Rogers, as co-trustee of the Marbella Trust; Frank Rogers, as co-trustee of the Marbella Trust; Tomas Stokes; Cindy Stokes; Omar Torres; Jennie Torres; Stuart Watkins; And David Williams
The plaintiff, a Greenwood Village company, says it was hired by the defendants to remediate water damage at a condo building in Austin, Tex., and is owed $3,326,403.
Attorneys: Christopher H. Toll and Alexander D. White, Holland & Hart
Filed: 1/3/2023

Douglas District Court

Wade Hunsinger v. JJW Enterprise; Jared Leblanc; Jared Haymon
The plaintiff claims the defendants ignored his rights as a company stakeholder and misused his funds by giving tenants below-market lease rates at the expense of the company, as well as misconduct related to a construction loan. He seeks $276,566.
Attorneys: Robert W. Hatch II, Christopher J. Conant and Brian T. Ray, Hatch Ray Olsen Conant
Filed: 12/12/2022

VBT Sub 2; VB S1 Assets; Vertical Bridge Towers IV; Vertical Bridge S3 Assets v. SpeedConnect; TPT SpeedConnect; successor to SpeedNet
The plaintiffs say the defendants lease space on six of the plaintiff’s telecommunications towers and owe $115,218, excluding interest, in unpaid rent.
Attorneys: Aurora Temple Barnes, K&L Gates
Filed: 12/16/2022

Timber Designs v. Patricia Callies; Quicken Loans; Air Academy Federal Credit Union
Foreclosure of a mechanic’s lien at 2211 Ashwood Ln. in Highlands Ranch due to $15,870 in unpaid construction work.
Attorneys: Justin M. Plaskov and Daniel R. Godin, Jester Gibson & Moore
Filed: 12/16/2022

Christopher Howe; Angela Howe v. MV Realty of Colorado
The plaintiffs say they bought 4265 Manorbrier Ct. in Castle Rock from the defendant, a broker that has since lost its Colorado real estate license, and the defendant wrongfully placed a lien on the property in order to collect a commission.
Attorneys: Robert W. Smith
Filed: 12/28/2022

Jefferson District Court

Adrian Kerns v. Federal Real Estate Holdings; Krystle Jennings
The plaintiff alleges the defendants breached a buy-sell contract by misrepresenting that 4202 Garrison St. in Wheat Ridge qualified for use as a short-term rental.
Attorneys: Neil S. Sullenberger, Jennifer L. Roskamp and Michael A. Gubiotti, Sullenberger Roskamp
Filed: 12/14/2022

Evergreen Drug Co. dba Evergreen Discount Liquors v. Basement Partners dba Ascent Builders; Pinecrest Townhomes
The plaintiff claims the defendants violated construction and landscaping codes, causing 3847 Evergreen Pkwy. in Evergreen to suffer water runoff damage after a storm.
Attorneys: Karen Safran, Robert Hunger and Alexandra Feathers, Goodspeed Merrill
Filed: 12/16/2022

Williams Construction Corporation v. Freedom Street Development; Clem N Sons Concrete; Fam Hospitality Group; Magee Electric
Foreclosure of a mechanic’s lien at 15177 Candelas Pkwy. in Arvada due to $271,446 in unpaid labor and materials.
Attorneys: Janet B. Martin and Edward L. Shepyer, Lasater & Martin P.C.
Filed: 12/19/2022

Don Selmarten v. Craftworks Construction; Rush Garrett
The plaintiff claims the defendant failed to complete construction of a garage at 3136 Chestnut Ln. in Evergreen and then failed to refund the $28,575 advance.
Attorneys: Scott D. Albertson, Holley Albertson & Polk P.C.
Filed: 12/19/2022

Super Gauge v. Bully Breed Family; Darjae Jackson; David Marquez; Blake Lindblad; Keshawn Johnson
Lease dispute. The plaintiff says it leases a suite at 1075 S. Yukon St. in Lakewood to the defendants, who stopped paying rent in March and abandoned the property.
Attorneys: Brian T. Ray, Hatch Ray Olsen Conant
Filed: 1/3/2023

U.S. District Court — Colorado

Cynthia Neal v. Jeffrey G. Neal; Aspen Love Story LLC
The plaintiff claims the defendants failed to distribute rental proceeds to the plaintiff and falsely claimed to be the sole owner of 910 Gibson Ave. in Aspen.
Attorneys: James C. White and Mallory Miller, Tiger Legal and Consulting
Filed: 12/19/2022

Palmer North America LLC v. Wanzek Construction Inc.; Mastec Inc.
The plaintiff claims it hired the defendant Wanzek to expand a rail mill at EVRAZ Rocky Mountain Steel, 1612 E. Abriendo Ave. in Pueblo, and the defendant performed negligent, unsafe work that caused delays to the $302 million project.
Attorneys: Mark C. Goodman, Baker & McKenzie
Filed: 12/21/2022

Alfred A. Arraj United States Courthouse

The Alfred A. Arraj United States Courthouse in downtown Denver. (BusinessDen file photo)

A lawsuit over Aurora apartment complex alleges a "renoviction" scheme and a former owner of Grateful Dead-themed bars is sued. Plus loads more real estate lawsuits.

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