• Mon. Mar 1st, 2021

The Docket: Real estate lawsuit roundup for 2.11.21

Adams County District Court

Pipe X, LLC v. Park North Townhouse Corp.

Plaintiff says it provided labor, materials and supplies to defendant, and defendant has failed to pay the principal balance due of $456,696.

Attorneys: Terry Ehrlich and Alanna Boswell of Arnold & Arnold

Filed: 2/4/2021

21CV30152

Arapahoe County District Court

KB Home Colorado, Inc. v. Excell Fund LLC

Plaintiff says per an agreement it installed roadway, asphalt and utility lines on the Senior Center Property, completing the project in December 2019, but defendant has failed to pay any portion of the $371,503.17 due.

Attorneys: Marisa C. Ala of The Ala Firm

Filed: 2/3/2021

21CV30214

Denver County District Court

Edge Contracting, Inc. v. 303 Investments, Inc.; WilliamMRK Homes, LLC; Mainsail Capital LLC d/b/a Snap.Build; and Dave Gill, public trustee in and for the County of Douglas

Plaintiff says it was engaged to complete infrastructure work, including earthwork, for a real estate parcel defendants were developing in Parker, Douglas County, and has not been fully paid. Plaintiff seeks a lien against the property of $163,113.86.

Attorneys: Albert B. Wolf of Wolf Slatkin & Madison

Filed: 1/27/2021

21CV30073

First Industrial, L.P. v. MusclePharm Corporation

Plaintiff says defendant leased premises at 4721 N. Ironton St., in a period ending Dec. 31, 2020, and that on/about June 2020, defendant stopped making monthly payments of $11,615.77 and its share of common area operating expenses. Plaintiff says it is owed $33,192.23, as well as an additional $200,000, the amount allowed in the lease terms to restore the premises to pre-lease condition.

Attorneys: Brandon Ceglian and Daniel Zolnikov of CeglianLaw

Filed: 2/3/2021

21CV30401

DIRC Homes, LLC v. Townhomes on Conejos, LLC; Twenty on 23rd, LLC; Rise Development LLC; Rick Wells; and Robert O. Carr

Plaintiff says it was general contractor for two multi-family residential housing projects in Denver, and throughout the course of construction beginning in October 2018, defendants repeatedly failed to timely tender payment. Plaintiff completed construction in 2020, and says upon information and belief, all units have been sold, netting defendants significant proceeds, but defendants have failed to pay in full. Plaintiff seeks damages in the principal amount of $170,203.29.

Attorneys: Tamir Goldstein and Chelsea C. Reinhard of Sherman & Howard

Filed: 2/3/2021

21CV30403

DPF Cherry Creek LLC v. Exer Labs, Inc.

Plaintiff says defendant has breached a lease for an office at 44 Cook St., Denver, that was effective beginning Nov. 4, 2019 for a 25-month period, starting at $4,594.83 a month, by failing to pay timely rent; has breached a forbearance agreement; and has failed to provide financial information as required. Plaintiff seeks damages at trial.

Attorneys: Stephen D. Gurr and Zachary W. Fitzgerald of Bryan Cave Leighton Paisner

Filed: 2/5/2021

21CV30449

Jefferson County District Court

JFRCO I, LLC v. Cenacle Partners Corporation d/b/a Cutters Den; and William Sarge

Plaintiff says it had a lease agreement with defendants, dated April 2018 for a term of 5 years, for commercial property in University Towne Center for use as a barber shop. Plaintiff says defendants made the last rent payment on/about Aug. 1, 2020, after a dispute over repair costs for the HVAC system and have refused to vacate the premises. Per the accelerated payment provisions, plaintiff says defendants owe 17 months of unpaid rent in the approximate amount of $37,165.94.

Attorneys: Andrew J. Gibbs, Steven A. Flaxman and Benjamin E. Tracy of Tueller & Gibbs

Filed: 2/4/2021

21CV30137

Simon Property Group, L.P., as assignee of its affiliated landlord entities v. Regal Cinemas, Inc. and United Artists Theatre Circuit, Inc.

Plaintiff says defendant owes more than $2 million in rent and other amounts due and owing under commercial leases in Colorado Mills and Denver West Village, an amount that will continue to grow as unpaid rents and other charges, costs and fees accrue, and seeks judgment under the Colorado Mills lease of $887,572.95, and under the Denver West Village lease of $1,113,574.49.

Attorneys: Joseph Martinez and Kathryn Maynard Guinn of Dentons US

Filed: 2/5/2021

21CV30149