The Docket: Gathering of property lawsuits for 1.28.21

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32

Denver County Circuit Court

GPI Regency, LP v. Sebastian Holdings LLC and Sebastian Partners LLC

The plaintiff claims that the defendant breached a lease which began on October 1, 2018, and expires on November 30, 2023, for premises located at 4643 S. Ulster St., Suite 970, and that he served a request to put in conformity or right of possession. on September 4, 2020. The defendant voluntarily left the premises on / before January 10, 2021, according to the plaintiff, but has not paid the rent, utilities and his share of the expenses of the common areas since March 2020, and he was unable to find a new tenant. The plaintiff seeks damages to be proven at trial.

Lawyers: Charles E. Fuller and Whitney J. House of Senn Visciano Canges

Filed: 01/13/21

21CV30116

135 Inverness, LP v. Minimally Invasive Procedures Specialists, LLC and Elizabeth Brooke Spencer, MD

The plaintiff says he and the defendant were partners in the purchase of a building, which MIPS agreed to lease, with Spencer as guarantor. The lease was dated August 1, 2018, according to the complainant, and before moving in, Spencer demanded renovations to be made to meet his needs up to a maximum cost of $ 1.5 million. The plaintiff claims that Spencer handled the process incompetently and caused significant delays and unforeseen expenses, ultimately delaying the planned completion of the leasehold improvements, which were to be completed within 18 months, until mid-2020. In January 2020, according to the plaintiff, Spencer told the partners that she felt she had struck a “bad deal” and intended to terminate the lease if they did not renegotiate and sent that notice on February 6. . The plaintiff said that once she determined that the defendant would not do so. run, he sold the building at a loss. The plaintiff asks that the damages be proved at trial.

Lawyers: Kenneth F. Rossman IV by Lewis Roca Rothgerber Christie

Filed: 01/13/21

21CV30123

2323 Delgany Street Tenant, LLC and WeWork Companies LLC v. WL Denver Delgany Owner, LLC

The plaintiff states that as of March 1, 2019, he leased the entire leasable area of ​​the Delgany Street building – 86,127 square feet – and, in accordance with the lease, provided a bond of $ 7,751,430. . The plaintiff claims that the defendant has stated that the construction project and the premises “will comply with all applicable legal requirements” as of the date of possession, which was declared on March 1, 2019. The plaintiff says he has subsequently attempted to obtain a building permit from the City and County of Denver for construction and improvements, but was informed that the project did not meet legal requirements for office occupancy and that ‘a number of shortcomings existed, including upgrading the fire protection system and providing an access road. The plaintiff says he is still prohibited from obtaining a building permit and carrying out work, so he is unable to occupy the premises, and the defendant refuses to remedy the shortcomings, so he issued a notice of defaults on the defendant on April 21, 2020. Despite the problems, the plaintiff says, the defendant stated that the term of the lease began on September 1, 2019 and will continue until October 31, 2031 and demanded that the tenant start payment of the rent effective September 1, 2019 at the monthly base rent rate of $ 215,317.50. The plaintiff says that he has offered rent “under reserve” and that he is entitled to recover pecuniary damages and to seek declaratory, injunctive and other equitable relief because the defendant has not delivered the premises in the required state.

Lawyers: Alan D. Sweetbaum of Sweetbaum Sands Anderson

Filed: 01/15/2021

21CV30147

BIC Contracting, LLC d / b / a BIC Painting c. East 45e Avenue Apartments, LLC; the company Spanos; P / R Mortgage & Investment Corp. ; Idaho Pacific Lumber Company, Inc .; Checo Construction and Landscapes LLC; and Denver County Public Trustee

Plaintiff supplied labor, materials and goods to Spanos, and says principal amount of $ 273,395.48 has not been paid, requests court to issue lien foreclosure order of the mechanic on the property.

Lawyers: Terry Ehrlich and Scott Havn of Arnold & Arnold

Filed: 25/01/2021

21CV30273

Jefferson County District Court

Healthcare Realty Services Incorporated as Agent for Lakewood MOB, LLC v Serenity TMS Centers, LLC and Teejay Tripp

The Plaintiff says that on December 17, 2019, the Defendant leased space at 255 S. Routt Street, Suite 250, Lakewood, and although the Defendant made improvements, the lease began as temporary on January 1, 2020. The Plaintiff says Defendant took possession and began paying rent, and in accordance with the lease agreed to provide Defendant with an improvement allowance of $ 80 per rentable square foot, available only for construction costs, to be completed within 180 days of the date of entry into force of the lease. The plaintiff says that the defendant caused substantial delays to the improvements and that he repeatedly informed the defendant of the excess costs and the defendant’s obligation to pay before taking possession, but the defendant took possession on / around October 22, 2020 and refused to pay the additional cost. The plaintiff seeks damages to be determined at trial.

Lawyers: Bill E. Kyriagis and David A. Brewster of Otten, Johnson, Robinson, Neff & Ragonetti

Filed: 1/12/21

21CV30027

Teo Ventrello, an individual, and Marianne Ventrello, an individual c. Zachary Fetterolf, an individual; Danielle Fetterolf, a natural person; Mile High Inspect LLC d / b / a MHI Construction, a dissolved Colorado limited liability company; and Comfort Heating and Cooling, LLC, a Colorado limited liability company

The plaintiffs say they bought a returned home in Arvada from the defendants, that the defendants did not disclose any latent defects or provide them with previous inspection, structural and engineering reports and falsely stated that structural problems had been fixed or never existed. After closing on / around April 22, 2020, plaintiffs say they discovered the defects and are claiming actual damage and the cost of repairing the house.

Lawyers: Chad Johnson, Tessa R. Blaes and Zachary R. Blaes of Johnson Law

Filed: 02/22/2021

21CV30083


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