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Colorado Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Elder Law, Estate Planning and Probate for Colorado on
Q: My sister is trying to remove my name from a death certificate so she can deal with finances without permission?
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 15, 2021

I'm not sure what difference the death certificate makes. In Colorado, the Personal Representative controls disposition of the decedent's assets. The Personal Representative is appointed by the probate court. It usually is whomever is named as PR by the will. If no will, then the PR is... View More

1 Answer | Asked in Traffic Tickets, Criminal Law, Civil Litigation and Civil Rights for Colorado on
Q: if I was never pulled over for speeding but was arrested charged for speeding & other charges is this Legal?

Parked at a gas station to pee and cop pulls next to me in my car and get out and goes in store before I get out. But he was looking at my car all suspiciously so I waited. He stands at the door inside the store then comes back out flashing his lights in my car and come and bangs on my window and... View More

Sean Maye
Sean Maye
answered on Mar 12, 2021

This sounds like a terrible scenario that you experienced. So sorry you lived through that.

If you were parked and only stopped because of suspicion that you committed a traffic infraction - an infraction for which the officer's story is not credible if he waited a significant amount...
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1 Answer | Asked in Business Law, Civil Litigation and Family Law for Colorado on
Q: I’m in dispute with 50/50 business partner had lawyer send letter to mediate or file lawsuit - he’s also my husband

I know this gets complex on both sides of business and what it means for my marriage - anyways I need business dispute to be addressed first and foremost but in response he filed for divorce which I’m told stops the business part from continuing! I fear this is again a tactic for him to avoid the... View More

Sabra M. Janko
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answered on Mar 6, 2021

I am sorry to hear about your situation. The divorce court will address property division regarding the business. There is a mandatory injunction which stops business activities that were not conducted previously during the marriage in the normal course of business. If there is a separate contract... View More

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Colorado on
Q: Do I have a malpractice law suit or something else when it comes this situation. Below?

Kiddo is in therapy (divorce dealing with anxiety) and the therapist only communicated with mom. Did not update dad. Come to find out dad asked for an update on info and was polite and the therapist said in front of both mom and child that she was scared for her life and could no longer be the... View More

Sabra M. Janko
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answered on Mar 6, 2021

Therapists do not usually communicate information about therapy automatically to others. If a parent who was entitled to receive such information asked for it, and whether that parent was entitled to receive information would depend on the case history, a therapist will generally share that... View More

1 Answer | Asked in Civil Litigation, Construction Law and Contracts for Colorado on
Q: If a homeowner was getting a really great deal on upgrades to his home and he breached contract

Can the person that provided the service sue for market value of work completed in the home.

James A. Greer
James A. Greer
answered on Feb 26, 2021

Question on remedy in light of an anticipatory breach of contract: So long as there was a valid and executed written contract, the remedy for the contractor is twofold:

(a) the value of the percentage of completed work as measured by the contract price (and not the so-called "market...
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1 Answer | Asked in Civil Litigation, Construction Law and Criminal Law for Colorado on
Q: Is there case law regarding 18-1-603

18-1-603 Complicity

Sean Maye
Sean Maye
answered on Feb 11, 2021

The answer to your question, in short, is YES.

The legal data search engines reflect approximately 198 cases with headnotes interpreting and analyzing CRS 18-1-603. This makes sense given how convoluted arguments/defense on complicity can be. They have been been subject to a wide range of...
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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Colorado on
Q: How do I get my parenting plan enforced, since local law enforcement won't help?

My grandmother has been refusing to let my children be taken from her custody under threat of dhs involvement, since June 2020. The judge in both cases acknowledged my custody order but doesn't know why its not being enforced. HELP

Sabra M. Janko
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answered on Jan 16, 2021

If you have a custody order, you can enforce it in court. You would file a motion to enforce.

2 Answers | Asked in Animal / Dog Law and Civil Litigation for Colorado on
Q: I legally purchased a dog from an animal shelter a year ago. The previous owner somehow got my personal information fro

from the animal shelter, name, phone, address, etc., and has called me wanting the dog back. I clearly said no. He claims his ex wife gave the dog away to the shelter and he didn’t find out until 4 months later. He has since sued me and the animal shelter for custody of the dog. The dog is... View More

Donald C Eby
Donald C Eby
answered on Jan 2, 2021

You will definitely need to defend yourself in the Court action and prove ownership. WRT your safety I recommend considering a Protective Order. You should contact an attorney to discuss this matter in more detail so that the specific facts of our case can be reviewed and you can receive detailed... View More

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1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: My nieghbor filed a District civil summons on me to cut my tree down that's in my yard. What can I do about it?

She wants the tree cut because she is scared to sleep in her bedroom because she says my tree will fall on her bedroom. She has aggervated health issues from this tree, and she cant enjoy her yard because of this tree and she has increased anxiety and stress over this tree.

My tree is not... View More

Donald C Eby
Donald C Eby
answered on Dec 22, 2020

Your neighbor is a nightmare and she is now suing you! You definitely need to engage an attorney to defend you and your property in the lawsuit and potentially assert counterclaims against her.

Contact an attorney who has litigation experience. Most will offer a free initial...
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2 Answers | Asked in Civil Litigation, Contracts, Criminal Law and Landlord - Tenant for Colorado on
Q: If you are renting from a landlord, and they have a "no guns" clause in their lease contract. What are some punishments?

I would love to know if their is a law against having a gun in an apartment complex that is private and has a no gun clause in the lease agreement. Are there any defense for having/using a gun (maybe not even firing it, but just drawing it to protect yourself/property/others in trouble). Would love... View More

Sean Maye
Sean Maye
answered on Nov 25, 2020

I am not aware of any state laws that prohibit weapons in private residential complexes. That said, I find it highly unlikely given that the 2nd Amendment is a federal constitutional right - subject obvious regulation. There are defenses to having/using a gun but the defenses are very... View More

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1 Answer | Asked in Family Law and Civil Litigation for Colorado on
Q: My daughter left her boyfriend and they shared a house in their name and a son. Does she need a court order for perso

Possessions? They can't agree on anything and he changed the locks. He's out for himself and not for his son.

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 22, 2020

Since they are not married, she can do a custody case for issues regarding their son. She may need to do a partition action (lawsuit) to deal with the house. She can do a replevin (lawsuit) for her personal property. She should get a lawyer to help her with all this.

1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: A friend of mine was driving my car and hit a parked car and the accident cause my premium to increase

What are my options as far as getting reimbursed and what about my increase rate in the future

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2020

A Colorado attorney could advise best, but your post remains open for two weeks. As a general matter in most places, if you have comprehensive coverage, that could cover damage to your car. But even with that, there is usually a deductible that has to be paid out of pocket first. Being that your... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Colorado on
Q: My elderly mostly father in-law insists on keeping a hand-gun on him at all times in spite of 2 Drs. say he should not

Am I liable if he shoots someone by accident? He is "mostly" blind. We have tried to take them away, but it is on his person. We took several away and had the long conversation about why it is a bad idea, but he insists he must have it for safety. My wife and I manage his care and will... View More

Tim Akpinar
Tim Akpinar
answered on Sep 12, 2020

A Colorado elder law attorney could probably answer your question better than a personal injury attorney. You could reach out to one and discuss your role in the person's life. In addition to your liability which you ask about, you could discuss other serious issues here. If he is "mostly... View More

1 Answer | Asked in Civil Litigation and Foreclosure for Colorado on
Q: My COA/HOA roof assessment of $5,163 was paid-in-full. They have violated the contract

Diversified Management and the COA (Colorado Speings), in abuse of power and selective enforcement held my final payment of $2,563 in cashiers check for nearly a year, returned it for "reissue", then immediately turned my paid in full account over to Orten Cavanagh collection. This firm... View More

Donald C Eby
Donald C Eby
answered on Sep 3, 2020

You'll need to provide proof of the payment to the court, you can ask for attorney fees when you win. I recommend that you contact an attorney that represents homeowners against HOAs to discuss your rights, remedies, and risks in this matter.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Colorado on
Q: How do i remove a felony charge that i shouldn't have been charged with according to the definition of the law used?

in 2002 i was charged in colorado for possession/knowledge of possession of explosives/incendiary device, but the definition section of that law discredits the materials my roommate had (materials used to reload ammunition, and or black powder muskets) my public defenders failed me and mislead me... View More

Donald C Eby
Donald C Eby
answered on Jul 25, 2020

You may qualify to have your Criminal Record Sealed. See the below link for more info:

https://www.robinsonandhenry.com/colorado/criminal-defense/sealing-criminal-records/

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Colorado on
Q: How can I find information on the end of the legal bankruptcy battle between Aurora Loan Services v Lehman Brothers

More specifically the disposition of the claimants involved and possible settlement information.

Timothy Denison
Timothy Denison
answered on Jul 16, 2020

Pacer.gov

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: I was arrested on charges of harrasment and disorderly conduct based off of witness statements.

I feel there was no reasonable cause for an arrest to be made. The statements were false and I did not bother anyone in the building. The charges were dissmised in the interest of Justice. I am wondering if I have a potential case to sue for damages, economic losses, and non economic losses?

Donald C Eby
Donald C Eby
answered on Jul 14, 2020

Potentially yes. These cases can be difficult. So you should consult with an attorney to discuss the facts, the law, your rights, remedies, potential outcomes, etc.

1 Answer | Asked in Civil Litigation, Employment Law and White Collar Crime for Colorado on
Q: What should be my steps to address a manager (family member) who there is evidence of embezzling, money laundering, the

The illegal activities have been going on for four+ years. Additional problems include missing records and failure to return key business information such as passwords and financial information. IRS, state/local sales tax and lodging taxes have gone unpaid. What are steps (and with whom) regarding... View More

Donald C Eby
Donald C Eby
answered on Jun 17, 2020

If you want to get your money back, I recommend that you contact a local attorney to review your facts and damages. Then you can have a detailed discussion about your rights, remedies, risks, strengths and weaknesses of your case, the law, timeline, etc.

1 Answer | Asked in Civil Litigation for Colorado on
Q: This question is in regards to the Supreme Court Case "National Institute of Family and Life Advocates v. Becerra."

The way Justice Thomas phrased his opinion is that the petitioners in the case were "likely to succeed on the merits of their claim that the FACT Act violates the First Amendment." What does it mean that the petitioners were "likely to succeed?" Did the petitioners succeed in... View More

James Avery
James Avery
answered on May 23, 2020

Petitioners in licensed clinic won. The District Court denied their motion for a preliminary injunction, and the Ninth Circuit affirmed. Holding that petitioners could not show a likelihood of success on the merits, the trial court concluded that the licensed notice survived a lower level of... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: Can Park County close all short term Rentals (530)? Could this be unconstitutional or considered “regulatory Taking”.
Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 14, 2020

It depends. If this is related to a worldwide pandemic, in which the county is exercising its Constitutional power to protect the public health, the answer is likely yes to your first question. The Colorado Supreme Court has not weighed in directly on the constitutionality of the various public... View More

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