Colorado, February, 2005, State Case law

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State Courts - Colorado - February 24, 2005

CMCB Enters. v. Ferguson, Court of Appeals No.: 03CA1378, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 24, 2005, Decided
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Overview: Trial court properly found that restaurant management company and personal guarantors were responsible for rent due under a lease because company was a mere continuation of the tenant restaurant where both corporations had same officers, directors, and shareholders; the business operations were the same; and both were controlled by the guarantors.

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Cooper v. Indus. Claim Appeals Office, Court of Appeals No.: 03CA2330, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 24, 2005, Decided
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Overview: After injured worker passed away due to unrelated causes, her estate was not entitled to unpaid permanent partial disability payments; however, the employer was not entitled to recover an alleged overpayment under Colo. Rev. Stat. ? 8-42-116 (2004) because the benefits were already accrued.

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First Atl. Mortg., LLC v. Sunstone North Homeowners Ass'n, Court of Appeals No. 03CA2356, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 24, 2005, Decided
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Overview: Lien under Colo. Rev. Stat. ? 38-33.3-316(2)(b) (2004) included expenses listed in ? 38-33.3-316(1), and thus the lien could have encompassed debts other than monthly assessments, even though the maximum amount of a super priority lien was defined only by reference to monthly assessments.

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Giron v. Koktavy, Court of Appeals No.: 02CA0617, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 24, 2005, Decided
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Overview: Trial court erred in dismissing client's malpractice action against attorney for failure to file a certificate of review under Colo. Rev. Stat. ? 13-20-602(1) because client was not required to file a certificate of review to establish the standard of care for attorney's failure to file client's action within the applicable statute of limitations.

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Grisbaum v. Indus. Claim Appeals Office, Court of Appeals No.: 03CA1488, COURT OF APPEALS OF COLORADO, DIVISION A, February 24, 2005, Decided
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Overview: The bar to receipt of workers' compensation temporary disability benefits under Colo. Rev. Stat. ?? 8-42-103(1)(g) and 8-42-105(4) (2004) was not permanent and did not apply where worsening of a prior work-related injury and not a claimant's voluntary termination caused his wage loss; the claimant was therefore entitled to benefits.

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Hoang v. Monterra Homes LLC, Court of Appeals Nos.: 02CA2544, 03CA0379, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 24, 2005, Decided
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Overview: Trial court did not violate builder's insurers' procedural rights in the home purchasers' garnishment proceeding because although insurers were not allowed to take depositions, they had access to all testimony and evidence and engaged in some written discovery; but trial court erred in holding that "earth movement" exclusion was inapplicable.

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In re Marriage of Morehouse, Court of Appeals No.: 03CA2525, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 24, 2005, Decided
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Overview: While court could not distribute marital property to offset computed value of Social Security benefits without violating anti-assignment clause of the Social Security Act, 42 U.S.C.S. ? 407(a), it could premise unequal distribution of property using, for example, 60/40 formula, on the fact that one party was more likely to enjoy secure retirement.

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People ex rel. D.C-M.S., Court of Appeals No. 04CA0924, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 24, 2005, Decided
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Overview: Court properly terminated a mother's parental rights, Colo. Rev. Stat. ? 19-3-604, because she suffered from emotional and mental illness of such duration and nature as to render her unlikely within a reasonable time to care for the ongoing physical, mental, and emotional needs of both children.

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People v. Orth, Court of Appeals No.: 03CA0969, COURT OF APPEALS OF COLORADO, DIVISION THREE, February 24, 2005, Decided
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Overview: Court found defendant committed a previous felony and numerous misdemeanors, "facts" that legitimately could be employed in imposing sentence without running afoul of the Sixth Amendment. Based only on those facts, the court aggravated defendant's sentence pursuant to Colo. Rev. Stat. ? 18-1.3-401(6) (2004). Thus, sentence was not unconstitutional.

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People v. Smith, No. 02CA1515, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 24, 2005, Decided
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Overview: Defendant's conviction of theft from a person was vacated where defendant's companions took the victim's fanny pack from her grocery cart when the victim was not in close proximity to the cart because it did not constitute an invasion of the victim's person as contemplated by Colo. Rev. Stat. ? 18-4-401(5).

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