The Docket: Real estate lawsuit roundup for 2.2.23

Alfred A. Arraj United States Courthouse

The Alfred A. Arraj United States Courthouse in downtown Denver. (Thomas Gounley)

Adams District Court

Charles Newcomb v. Renew Roofing and Paving; Michael Joseph Stevens
The plaintiff claims he hired the defendants to repair a 22,000-square-foot roof at 210 Great Western Rd. in Brighton and the work was defective, causing the roof to leak.
Attorneys: William Hadden Zimmerling
Filed: 1/19/2023
23cv30084

AmeriHome Mortgage Company v. Beth Hale; Luis Torres-Fernandez; Lisa Culpepper, Adams County Trustee
The plaintiff alleges the defendant Hale maintained an improper lien at 6651 Bellaire St. in Commerce City after a loan was fully paid off.
Attorneys: Holly R. Shilliday and Ilene Dell’Acqua, McCarthy & Holthus
Filed: 1/23/2023
23cv30097

Colorado Premier Restoration v. Gregg Dolak; Pikes Peak Restoration and Construction
The plaintiff, a construction contractor, accuses the defendant Dolak of stealing trade secrets and creating a rival company while employed by the plaintiff.
Attorneys: Charles Chapman Jr., Rocky Mountain Litigator
Filed: 1/24/2023
23cv30098

Lerch Bates v. Mark Kasper; VDA
The plaintiff, a construction consulting company, claims the defendants violated their non-compete and non-solicitation agreements by providing similar services.
Attorneys: Christine K. Lamb and Andrew J. Neiman, Fortis Law Partners
Filed: 1/26/2023
23cv30162

Arapahoe District Court

Patricia Bergin v. Wells Fargo Bank
The plaintiff claims that she has requested documents from the defendant related to 7520 South Ulster Pl. in Denver but the defendant has never provided the requested documents. So, the plaintiff is asking a judge to settle the matter.
Attorneys: Robert A. Kitsmiller, Podoll & Podoll P.C.
Filed: 1/18/2023
23cv30094

BluSky Restoration Contractors v. 3 Guys On Paris
The plaintiff alleges that it was hired by the defendant to restore a property in Columbia, Mo., and is still owed $113,196, plus interest, by the defendant.
Attorneys: Charles Chapman Jr., Rocky Mountain Litigator
Filed: 1/23/2023
23cv30121

Fremont Place Condominium Association v. Century Communities; CC Communities; Century of Littleton Village II
The plaintiff claims that the defendants made a number of construction defects when they built the plaintiff’s condominium building in Littleton.
Attorneys: T. Cass McKenzie, Joshua B. Fitzpatrick and Keith D. Hoagland, McKenzie Ryan & Mena
Filed: 1/24/2023
23cv30130

Ivy Hill Condominium Association v. The Perfect Patch Asphalt Company
The plaintiff says the defendant filed a spurious mechanic’s lien of $11,000 at the plaintiff’s property in Aurora.
Attorneys: Gabriel Stefu and Lindsay King, Western Law Group
Filed: 1/24/2023
23cv30128

Harbor Center; Leroy Industrial; HMS Family; Simcore Properties; Simha Investment Corp; Simha Asset Management Services; Hamid Simantob v. Kealy Roberts
The plaintiffs, who own and operate commercial real estate in the Denver metro area, allege the defendant embezzled $1.6 million in cash and property belonging to them.
Attorneys: Phillip A. Parrott and Margaret R. Pflueger, Campbell Killin Brittan & Ray
Filed: 1/25/2023
23cv30141

Mission Consulting and Estimating v. Statewide Roofing Consultants Inc.
The plaintiff claims the defendant hired it to perform inspection and estimating services but hasn’t paid it the $95,323 that the plaintiff is owed.
Attorneys: Bill Peterson, Sarah Young, Jonathan Lebsack and Colin Ksobiech, Miller Cohen Peterson Young P.C.
Filed: 1/26/2023
23cv30153

Boulder District Court

Beninelli LLC v. GRI Village
The plaintiff claims that the defendant trespassed on its leased property at 2525 Arapahoe Ave. in Boulder, which is a math and reading center for children.
Attorneys: Pro se
Filed: 1/23/2023
23cv6

Tebo Partnership v. Metta Space; Victor Nguyen
The plaintiff alleges the defendants owe $1,706,517 in rent at 741 Pearl St. in Boulder.
Attorneys: James C. Ruger, Ruger Law Firm
Filed: 1/25/2023
23cv30057

Haystack Holdings v. Boulder County Board of County Commissioners; Boulder County Historic Preservation Advisory Board; Alexander Hester; Jaclyn Hester
The plaintiff accuses the defendants of violating their agreements by not demolishing or remodeling structures at Haystack Ranch, a community in unincorporated Boulder County where the Haystack Mountain Golf Course was previously located, and using the county’s historic landmark process to avoid doing so.
Attorneys: Keith M. Edwards and Matthew A. Simonsen, Hutchinson Black and Cook
Filed: 1/31/2023
23cv30073

Denver District Court

Metro Fence Company Inc. v. Qwest Corporation; Rubicon Professional Services LLC
Mechanic’s lien foreclosure at 11780 E. 53rd Ave. in Denver due to $17,710 in unpaid work.
Attorneys: M. Kate Strauss and Maria H. Conversa, Galvanize Law Group
Filed: 1/18/2023
23cv30164

Phillip A. Dudiak v. RLD Management LLC, a Montana limited liability company
The plaintiff claims the defendant agreed to sell 891 14th St. Unit 2808 in Denver to him but then sold it to someone else in breach of their contract.
Attorneys: Joseph R. Kummer and Rebecca J. Zisch, Jachimiak Peterson Kummer
Filed: 1/19/2023
23cv30185

1203 1268 D D Street Partners Ltd. v. Power to Build Real Estate LLC; Casey Ophaug; Kevin Anderson
The plaintiff says it hired the defendants to build an eight-bedroom house at 1901 S. Williams St. in Denver but the defendants didn’t pay subcontractors, resulting in a lien.
Attorneys: Diana M. Mendez, Shortridge & Mendez P.C.
Filed: 1/19/2023
23cv30187

Elevation Community Land Trust v. VIP Real Estate Management LLC
The plaintiff claims the defendant locked it out of an online portal, preventing the plaintiff from accessing rent payments at properties it owns: 5225 Balsam St. in Arvada, 3265-3271 Krameria St. in Denver, 6325-6345 Martin Luther King Jr. Blvd. in Denver, 3205 and 3209 Locust St. in Denver and 1561-1567 Trenton St. in Denver.
Attorneys: Mark Fenton and Eric Nesbitt, Law Offices of Eric L. Nesbitt P.C.
Filed: 1/20/2023
23cv30200

Gregory Burciaga; Caitlyn Burciaga v. Devcon Investments LLC; William S. Lyons III
The plaintiffs say they purchased 1819 S. Lafayette St. in Denver from the defendants without disclosing a long list of construction defects and deficiencies.
Attorneys: Mark W. Nelson and K. Thomas Cantley, Nelson Law Firm
Filed: 1/20/2023
23cv30213

Avion At Denver Connection Townhome Association v. Taylor Morrison of Colorado Inc.; William Lyon Homes Inc.
The plaintiff says the defendants performed deficient construction work on their Avion at Denver Connection townhomes in Green Valley Ranch.
Attorneys: Allyson Maroon and Heidi E. Storz, Kerrane Storz P.C.
Filed: 1/22/2023
23cv30220

Cefo Inc. v. Denver Agency Company; Arthur J. Gallagher & Co.
The plaintiff claims that while it was a consultant on the construction of a 4,700-square-foot house in San Francisco, it was defrauded out of $250,000 by an online scammer and the defendants, who advise the plaintiff on insurance matters, didn’t ensure it had an insurance policy that would cover its liability claim.
Attorneys: Jeremy A. Sitcoff, Levin Sitcoff Waneka P.C.
Filed: 1/24/2023
23cv30237

The Garrett Construction Company LLC v. Franklin Concrete LLC
The plaintiff says the defendant agreed to serve as a subcontractor on three projects in the metro area but then went out of business before the projects were finished.
Attorneys: Timothy W. Gordon and Ryan Lundquist, Holland & Hart
Filed: 1/25/2023
23cv30265

Jacob S. Hyman; Meredith C. Slater v. A2Z Builders LLC
The plaintiffs allege they hired the defendant to remodel and expand 6931 E. Walsh Pl. in Denver and the defendants made several mistakes, including the release of asbestos.
Attorneys: Kenton H. Kuhlman, Kuhlman & Kuhlman P.C.
Filed: 1/30/2023
23cv30317

Colorado Department of Labor, Division of Labor Standards and Statistics v. Leon Holley dba ACC Construction Company
The plaintiff seeks a final judgment ordering the defendant, a Wheat Ridge company, to pay $50,623 for violating wage laws.
Attorneys: Julia German and Rachel Medaugh, Linebarger Goggan Blair & Sampson
Filed: 1/30/2023
23cv30310

Reynaldo Caraveo v. Evaristo Caraveo; Fred A. Pollack Jr.; Matrix Financial Services Corporation Paul D. Lopez, as public trustee of the City and County of Denver
Partition of three properties in Denver — 50 Bryant Way, 561-569 S. Patton Ct. and 4925-4929 W. Mississippi Ave. — that the plaintiff claims he has maintained and the defendant Caraveo, a co-owner of the properties, has neglected.
Attorneys: Refugio Perez and Alex M. Pass, Hamilton Faatz P.C.
Filed: 1/31/2023
23cv30334

Douglas District Court

Jimmie Thompson v. Crestridge Investments; Michael Westall; Ryan Westall; Tyler Westall
The plaintiff claims that he co-owns a rental property at 17529 E. Crestridge Ave. in Centennial but hasn’t received his portion of the rental income. After another co-owner of the property died unexpectedly, the plaintiff says he lost his ownership stake entirely.
Attorneys: Michael J. Weicher, Lyda Law Firm P.C.
Filed: 1/20/2023
23cv30040

Barbara Shissler v. Wind Crest; Erickson Living Senior Care
Lease dispute. The plaintiff says she leased an apartment from the defendants in a retirement community at 3235 Mill Vista Rd. in Highlands Ranch and the defendants refused to return her security deposit after she moved out of the apartment.
Attorneys: Holly R. Shilliday and Ilene Dell’Acqua, McCarthy & Holthus
Filed: 1/23/2023
2023CV30097
Jefferson District Court

Walt Strankman v. US Bank Trust NA, Trustee of Tiki Series III Trust; Renee Clay
The plaintiff claims that he bought 1.32 acres at 17634 County Rd. 126 in Pine from the defendant Clay but the defendant trusts will not transfer the title.
Attorneys: Max Burkhardt and Joseph Lico, Robinson & Henry P.C.
Filed: 1/18/2023
23cv30074

Christopher Sprout v. Horn Brothers Roofing
The plaintiff says he hired the defendant to repair a roof at 1900 Glen Dale Dr. in Lakewood and the defendant did shoddy work, then sued him for not paying. The defendant says he wasn’t aware of the lawsuit or the $34,197 judgment a judge entered against him until he tried to refinance a mortgage. He wants the judgment dismissed.
Attorneys: James F. Scherer, Miller & Law P.C.
Filed: 1/23/2023
23cv30083

Bancroft-Clover Water and Sanitation District v. PDS Construction and Services
The plaintiff claims that it hired the defendant to do pipeline work and provide a written report but the defendant has refused to provide the report or a refund of $32,444.
Attorneys: Russell W. Dykstra and Brenden Desmond, Spencer Fane
Filed: 1/26/2023
23cv30106

Amacon Westpark Investment Corp v. Juniper Unmanned
Lease dispute. The plaintiff says it leases 15000 W. 6th Ave. Unit 330 in Golden to the defendant, which owes an undisclosed amount of money in back rent.
Attorneys: David A. Brewster and Bill E. Kyriagis, Otten Johnson Robinson Neff & Ragonetti P.C.
Filed: 1/25/2023
23cv30100

U.S. District Court — Colorado

Lumen Technologies Service Group LLC v. Communications Engineering Consultants LLC
The plaintiff alleges that the defendant negligently performed a structural evaluation on a building in Miami, Fla., before it partially collapsed, costing $1.5 million to repair.
Attorneys: David M. Frommell and Ryan K. Markham, Beltzer Bangert & Gunnell
Filed: 1/27/2023
1:23cv253

Alfred A. Arraj United States Courthouse

The Alfred A. Arraj United States Courthouse in downtown Denver. (Thomas Gounley)

Adams District Court

Charles Newcomb v. Renew Roofing and Paving; Michael Joseph Stevens
The plaintiff claims he hired the defendants to repair a 22,000-square-foot roof at 210 Great Western Rd. in Brighton and the work was defective, causing the roof to leak.
Attorneys: William Hadden Zimmerling
Filed: 1/19/2023
23cv30084

AmeriHome Mortgage Company v. Beth Hale; Luis Torres-Fernandez; Lisa Culpepper, Adams County Trustee
The plaintiff alleges the defendant Hale maintained an improper lien at 6651 Bellaire St. in Commerce City after a loan was fully paid off.
Attorneys: Holly R. Shilliday and Ilene Dell’Acqua, McCarthy & Holthus
Filed: 1/23/2023
23cv30097

Colorado Premier Restoration v. Gregg Dolak; Pikes Peak Restoration and Construction
The plaintiff, a construction contractor, accuses the defendant Dolak of stealing trade secrets and creating a rival company while employed by the plaintiff.
Attorneys: Charles Chapman Jr., Rocky Mountain Litigator
Filed: 1/24/2023
23cv30098

Lerch Bates v. Mark Kasper; VDA
The plaintiff, a construction consulting company, claims the defendants violated their non-compete and non-solicitation agreements by providing similar services.
Attorneys: Christine K. Lamb and Andrew J. Neiman, Fortis Law Partners
Filed: 1/26/2023
23cv30162

Arapahoe District Court

Patricia Bergin v. Wells Fargo Bank
The plaintiff claims that she has requested documents from the defendant related to 7520 South Ulster Pl. in Denver but the defendant has never provided the requested documents. So, the plaintiff is asking a judge to settle the matter.
Attorneys: Robert A. Kitsmiller, Podoll & Podoll P.C.
Filed: 1/18/2023
23cv30094

BluSky Restoration Contractors v. 3 Guys On Paris
The plaintiff alleges that it was hired by the defendant to restore a property in Columbia, Mo., and is still owed $113,196, plus interest, by the defendant.
Attorneys: Charles Chapman Jr., Rocky Mountain Litigator
Filed: 1/23/2023
23cv30121

Fremont Place Condominium Association v. Century Communities; CC Communities; Century of Littleton Village II
The plaintiff claims that the defendants made a number of construction defects when they built the plaintiff’s condominium building in Littleton.
Attorneys: T. Cass McKenzie, Joshua B. Fitzpatrick and Keith D. Hoagland, McKenzie Ryan & Mena
Filed: 1/24/2023
23cv30130

Ivy Hill Condominium Association v. The Perfect Patch Asphalt Company
The plaintiff says the defendant filed a spurious mechanic’s lien of $11,000 at the plaintiff’s property in Aurora.
Attorneys: Gabriel Stefu and Lindsay King, Western Law Group
Filed: 1/24/2023
23cv30128

Harbor Center; Leroy Industrial; HMS Family; Simcore Properties; Simha Investment Corp; Simha Asset Management Services; Hamid Simantob v. Kealy Roberts
The plaintiffs, who own and operate commercial real estate in the Denver metro area, allege the defendant embezzled $1.6 million in cash and property belonging to them.
Attorneys: Phillip A. Parrott and Margaret R. Pflueger, Campbell Killin Brittan & Ray
Filed: 1/25/2023
23cv30141

Mission Consulting and Estimating v. Statewide Roofing Consultants Inc.
The plaintiff claims the defendant hired it to perform inspection and estimating services but hasn’t paid it the $95,323 that the plaintiff is owed.
Attorneys: Bill Peterson, Sarah Young, Jonathan Lebsack and Colin Ksobiech, Miller Cohen Peterson Young P.C.
Filed: 1/26/2023
23cv30153

Boulder District Court

Beninelli LLC v. GRI Village
The plaintiff claims that the defendant trespassed on its leased property at 2525 Arapahoe Ave. in Boulder, which is a math and reading center for children.
Attorneys: Pro se
Filed: 1/23/2023
23cv6

Tebo Partnership v. Metta Space; Victor Nguyen
The plaintiff alleges the defendants owe $1,706,517 in rent at 741 Pearl St. in Boulder.
Attorneys: James C. Ruger, Ruger Law Firm
Filed: 1/25/2023
23cv30057

Haystack Holdings v. Boulder County Board of County Commissioners; Boulder County Historic Preservation Advisory Board; Alexander Hester; Jaclyn Hester
The plaintiff accuses the defendants of violating their agreements by not demolishing or remodeling structures at Haystack Ranch, a community in unincorporated Boulder County where the Haystack Mountain Golf Course was previously located, and using the county’s historic landmark process to avoid doing so.
Attorneys: Keith M. Edwards and Matthew A. Simonsen, Hutchinson Black and Cook
Filed: 1/31/2023
23cv30073

Denver District Court

Metro Fence Company Inc. v. Qwest Corporation; Rubicon Professional Services LLC
Mechanic’s lien foreclosure at 11780 E. 53rd Ave. in Denver due to $17,710 in unpaid work.
Attorneys: M. Kate Strauss and Maria H. Conversa, Galvanize Law Group
Filed: 1/18/2023
23cv30164

Phillip A. Dudiak v. RLD Management LLC, a Montana limited liability company
The plaintiff claims the defendant agreed to sell 891 14th St. Unit 2808 in Denver to him but then sold it to someone else in breach of their contract.
Attorneys: Joseph R. Kummer and Rebecca J. Zisch, Jachimiak Peterson Kummer
Filed: 1/19/2023
23cv30185

1203 1268 D D Street Partners Ltd. v. Power to Build Real Estate LLC; Casey Ophaug; Kevin Anderson
The plaintiff says it hired the defendants to build an eight-bedroom house at 1901 S. Williams St. in Denver but the defendants didn’t pay subcontractors, resulting in a lien.
Attorneys: Diana M. Mendez, Shortridge & Mendez P.C.
Filed: 1/19/2023
23cv30187

Elevation Community Land Trust v. VIP Real Estate Management LLC
The plaintiff claims the defendant locked it out of an online portal, preventing the plaintiff from accessing rent payments at properties it owns: 5225 Balsam St. in Arvada, 3265-3271 Krameria St. in Denver, 6325-6345 Martin Luther King Jr. Blvd. in Denver, 3205 and 3209 Locust St. in Denver and 1561-1567 Trenton St. in Denver.
Attorneys: Mark Fenton and Eric Nesbitt, Law Offices of Eric L. Nesbitt P.C.
Filed: 1/20/2023
23cv30200

Gregory Burciaga; Caitlyn Burciaga v. Devcon Investments LLC; William S. Lyons III
The plaintiffs say they purchased 1819 S. Lafayette St. in Denver from the defendants without disclosing a long list of construction defects and deficiencies.
Attorneys: Mark W. Nelson and K. Thomas Cantley, Nelson Law Firm
Filed: 1/20/2023
23cv30213

Avion At Denver Connection Townhome Association v. Taylor Morrison of Colorado Inc.; William Lyon Homes Inc.
The plaintiff says the defendants performed deficient construction work on their Avion at Denver Connection townhomes in Green Valley Ranch.
Attorneys: Allyson Maroon and Heidi E. Storz, Kerrane Storz P.C.
Filed: 1/22/2023
23cv30220

Cefo Inc. v. Denver Agency Company; Arthur J. Gallagher & Co.
The plaintiff claims that while it was a consultant on the construction of a 4,700-square-foot house in San Francisco, it was defrauded out of $250,000 by an online scammer and the defendants, who advise the plaintiff on insurance matters, didn’t ensure it had an insurance policy that would cover its liability claim.
Attorneys: Jeremy A. Sitcoff, Levin Sitcoff Waneka P.C.
Filed: 1/24/2023
23cv30237

The Garrett Construction Company LLC v. Franklin Concrete LLC
The plaintiff says the defendant agreed to serve as a subcontractor on three projects in the metro area but then went out of business before the projects were finished.
Attorneys: Timothy W. Gordon and Ryan Lundquist, Holland & Hart
Filed: 1/25/2023
23cv30265

Jacob S. Hyman; Meredith C. Slater v. A2Z Builders LLC
The plaintiffs allege they hired the defendant to remodel and expand 6931 E. Walsh Pl. in Denver and the defendants made several mistakes, including the release of asbestos.
Attorneys: Kenton H. Kuhlman, Kuhlman & Kuhlman P.C.
Filed: 1/30/2023
23cv30317

Colorado Department of Labor, Division of Labor Standards and Statistics v. Leon Holley dba ACC Construction Company
The plaintiff seeks a final judgment ordering the defendant, a Wheat Ridge company, to pay $50,623 for violating wage laws.
Attorneys: Julia German and Rachel Medaugh, Linebarger Goggan Blair & Sampson
Filed: 1/30/2023
23cv30310

Reynaldo Caraveo v. Evaristo Caraveo; Fred A. Pollack Jr.; Matrix Financial Services Corporation Paul D. Lopez, as public trustee of the City and County of Denver
Partition of three properties in Denver — 50 Bryant Way, 561-569 S. Patton Ct. and 4925-4929 W. Mississippi Ave. — that the plaintiff claims he has maintained and the defendant Caraveo, a co-owner of the properties, has neglected.
Attorneys: Refugio Perez and Alex M. Pass, Hamilton Faatz P.C.
Filed: 1/31/2023
23cv30334

Douglas District Court

Jimmie Thompson v. Crestridge Investments; Michael Westall; Ryan Westall; Tyler Westall
The plaintiff claims that he co-owns a rental property at 17529 E. Crestridge Ave. in Centennial but hasn’t received his portion of the rental income. After another co-owner of the property died unexpectedly, the plaintiff says he lost his ownership stake entirely.
Attorneys: Michael J. Weicher, Lyda Law Firm P.C.
Filed: 1/20/2023
23cv30040

Barbara Shissler v. Wind Crest; Erickson Living Senior Care
Lease dispute. The plaintiff says she leased an apartment from the defendants in a retirement community at 3235 Mill Vista Rd. in Highlands Ranch and the defendants refused to return her security deposit after she moved out of the apartment.
Attorneys: Holly R. Shilliday and Ilene Dell’Acqua, McCarthy & Holthus
Filed: 1/23/2023
2023CV30097
Jefferson District Court

Walt Strankman v. US Bank Trust NA, Trustee of Tiki Series III Trust; Renee Clay
The plaintiff claims that he bought 1.32 acres at 17634 County Rd. 126 in Pine from the defendant Clay but the defendant trusts will not transfer the title.
Attorneys: Max Burkhardt and Joseph Lico, Robinson & Henry P.C.
Filed: 1/18/2023
23cv30074

Christopher Sprout v. Horn Brothers Roofing
The plaintiff says he hired the defendant to repair a roof at 1900 Glen Dale Dr. in Lakewood and the defendant did shoddy work, then sued him for not paying. The defendant says he wasn’t aware of the lawsuit or the $34,197 judgment a judge entered against him until he tried to refinance a mortgage. He wants the judgment dismissed.
Attorneys: James F. Scherer, Miller & Law P.C.
Filed: 1/23/2023
23cv30083

Bancroft-Clover Water and Sanitation District v. PDS Construction and Services
The plaintiff claims that it hired the defendant to do pipeline work and provide a written report but the defendant has refused to provide the report or a refund of $32,444.
Attorneys: Russell W. Dykstra and Brenden Desmond, Spencer Fane
Filed: 1/26/2023
23cv30106

Amacon Westpark Investment Corp v. Juniper Unmanned
Lease dispute. The plaintiff says it leases 15000 W. 6th Ave. Unit 330 in Golden to the defendant, which owes an undisclosed amount of money in back rent.
Attorneys: David A. Brewster and Bill E. Kyriagis, Otten Johnson Robinson Neff & Ragonetti P.C.
Filed: 1/25/2023
23cv30100

U.S. District Court — Colorado

Lumen Technologies Service Group LLC v. Communications Engineering Consultants LLC
The plaintiff alleges that the defendant negligently performed a structural evaluation on a building in Miami, Fla., before it partially collapsed, costing $1.5 million to repair.
Attorneys: David M. Frommell and Ryan K. Markham, Beltzer Bangert & Gunnell
Filed: 1/27/2023
1:23cv253

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