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DISTRICT COURT, ELBERT COUNTY, COLORADO
Court Address: 751 Ute Avenue
Kiowa, CO 80117
Phone Number: (303) 621-2131 DATE FILED: January 28, 2022 11:54 AM
FILING |D: 2E49FE8C36ECF
CASE NUMBER: 2021CV 30032
Plaintiff: LUMIN SYSTEMS INC., a Colorado corporation,
Vv.
Defendants: MICHAEL PHILLIPS, an individual; DIANE
PHILLIPS, an individual; CATALYST LENDING, INC., a A COURT USE ONLY A
Colorado corporation; and THE PUBLIC TRUSTEE OF
ELBERT COUNTY, COLORADO.
Attorneys for Lumin Systems Inc.:
Murray I. Weiner, Bar No. 14352
Hilary A. Roland, Bar No. 51574 Case No.: 2021CV30032
MULLIKEN WEINER BERG & JOLIVET P.C.
Alamo Corporate Center Division: 1
102 South Tejon Street, Suite 900
Colorado Springs, CO 80903
Phone Number: (719) 635-8750
Fax Number: (719) 635-8706
E-Mail: mweiner@mullikenlaw.com
hroland@mullikenlaw.com
VERIFIED MOTION FOR DEFAULT JUDGMENT
Plaintiff Lumin Systems Inc. (“Lumin Systems”), by and through its attorneys, Mulliken
Weiner Berg & Jolivet P.C., moves the Court for a default judgment against Defendant Catalyst
Lending, Inc. now known as CLI, Inc. (“Catalyst”) as follows:
1 On May 12, 2021, Lumin filed its Complaint. Lumin asserted a claim against
Catalyst for foreclosure of a mechanic’s lien Lumin recorded with respect to real property in Elbert
County described as:
LOT 5, BLOCK 3, THE
WOODLANDS SUBDIVISION,
COUNTY OF ELBERT, STATE OF COLORADO,
also known by street number 10813 Winding Meadow Drive, Kiowa, Colorado (the “Property”).
2. Catalyst claims an interest in the Property by reason of a by reason of a Deed of
Trust dated January 20, 2017, recorded with Elbert County Clerk and Recorder on January 30,
2017, at Reception No. 565918.
3 Catalyst was properly served on July 28, 2021. The Affidavit of Service was
electronically filed on July 29, 2021. See Exhibit 1, Affidavit of Service.
4. Under C.R.C.P. 12, Catalyst was required to answer or otherwise respond to the
Complaint on or before August 18, 2021. Catalyst failed to answer or otherwise respond to the
Complaint within the time required by C.R.C.P. 12.
5 Venue is proper in Elbert County, Colorado pursuant to C.R.C.P. 98(a).
6 Catalyst, a dissolved Colorado corporation, is not a minor, incapacitated person,
officer or agency of the State of Colorado or in the military service.
7 It is appropriate for the Court to enter judgment against Catalyst on Lumin’s claim
for mechanic’s lien foreclosure and to order that any interest Catalyst may claim in the Property
by reason of its Deed of Trust is subordinate to Lumin’s Statement of Lien.
8 Lumin is not secking a monetary judgment against Catalyst in connection with
Lumin’s Third Claim for Relief, which is an in rem cause of action. As a result, Lumin is not
filing an affidavit of the amount due or otherwise seeking entry of a monetary judgment pursuant
to CR.CP. 121 § 1-14(d).
9. There is no just reason to delay entry of judgment in favor of Lumin on its claim
for mechanic’s lien foreclosure against Catalyst. See C.R.C.P. 54(b).
10. A proposed Default Judgment is provided.
WHEREFORE, Plaintiff Lumin Systems, Inc. requests that the Court enter default
judgment against Defendant Catalyst Lending, Inc. now known as CLI, Inc., and for such other
and further relief as the court deems just and proper.
DATED this 28th day of January, 2022.
Respectfully submitted,
MULLIKEN WEINER BERG & JOLIVET P.C.
IA duly signed original on file at office of undersigned. ]
By: /s/ Hilary A. Roland
Murray I. Weiner # 14352
Hilary A. Roland #51574
I, Hilary A. Roland, attorney for Plaintiff Lumin Systems, Inc., certify that the information
contained in the foregoing Verified Motion for Default Judgment Against Defendant Catalyst
Lending, Inc. now known as CLI, Inc., is true and correct to the best of my information, knowledge,
and belief.
MULLIKEN WEINER BERG & JOLIVET, P.C.
By:
Hilary A. Ro
STATE OF COLORADO )
) ss.
COUNTY OF EL PASO )
Subscribed and sworn to before me this 28th day of January, 2022, by Hilary A. Roland
WITNESS my hand and official seal.
My commission expires: ¥:G-222¥
LINSEY L BALDWIN Ke
NOTARY PUBLIC Notary Publi
STATE OF COLORADO
NOTARY ID 20014010872
MY COMMISSION EXPIRES APRIL 6, 2024
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT on this 28" day of January, 2022, I caused a true and
correct copy of the foregoing Motion to be delivered to:
Todd Collins
Mare Tull, 19013
Todd Collins & Associates, LLC
724 E Kiowa Ave, Suite 7
P.O. Box 456
Elizabeth, CO 80107
/s/ Linsey Baldwin
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DISTRICT COURT, ELBERT COUNTY, COLORADO Court Address: 751 Ute Avenue Kiowa, CO 80117 Phone Number: (303) 621-2131 DATE FILED: January 28, 2022 11:54 AM FILING |D: 2E49FE8C36ECF CASE NUMBER: 2021CV 30032 Plaintiff: LUMIN SYSTEMS INC., a Colorado corporation, Vv. Defendants: MICHAEL PHILLIPS, an individual; DIANE PHILLIPS, an individual; CATALYST LENDING, INC., a A COURT USE ONLY A Colorado corporation; and THE PUBLIC TRUSTEE OF ELBERT COUNTY, COLORADO. Attorneys for Lumin Systems Inc.: Murray I. Weiner, Bar No. 14352 Hilary A. Roland, Bar No. 51574 Case No.: 2021CV30032 MULLIKEN WEINER BERG & JOLIVET P.C. Alamo Corporate Center Division: 1 102 South Tejon Street, Suite 900 Colorado Springs, CO 80903 Phone Number: (719) 635-8750 Fax Number: (719) 635-8706 E-Mail: mweiner@mullikenlaw.com hroland@mullikenlaw.com VERIFIED MOTION FOR DEFAULT JUDGMENT Plaintiff Lumin Systems Inc. (“Lumin Systems”), by and through its attorneys, Mulliken Weiner Berg & Jolivet P.C., moves the Court for a default judgment against Defendant Catalyst Lending, Inc. now known as CLI, Inc. (“Catalyst”) as follows: 1 On May 12, 2021, Lumin filed its Complaint. Lumin asserted a claim against Catalyst for foreclosure of a mechanic’s lien Lumin recorded with respect to real property in Elbert County described as: LOT 5, BLOCK 3, THE WOODLANDS SUBDIVISION, COUNTY OF ELBERT, STATE OF COLORADO, also known by street number 10813 Winding Meadow Drive, Kiowa, Colorado (the “Property”). 2. Catalyst claims an interest in the Property by reason of a by reason of a Deed of Trust dated January 20, 2017, recorded with Elbert County Clerk and Recorder on January 30, 2017, at Reception No. 565918. 3 Catalyst was properly served on July 28, 2021. The Affidavit of Service was electronically filed on July 29, 2021. See Exhibit 1, Affidavit of Service. 4. Under C.R.C.P. 12, Catalyst was required to answer or otherwise respond to the Complaint on or before August 18, 2021. Catalyst failed to answer or otherwise respond to the Complaint within the time required by C.R.C.P. 12. 5 Venue is proper in Elbert County, Colorado pursuant to C.R.C.P. 98(a). 6 Catalyst, a dissolved Colorado corporation, is not a minor, incapacitated person, officer or agency of the State of Colorado or in the military service. 7 It is appropriate for the Court to enter judgment against Catalyst on Lumin’s claim for mechanic’s lien foreclosure and to order that any interest Catalyst may claim in the Property by reason of its Deed of Trust is subordinate to Lumin’s Statement of Lien. 8 Lumin is not secking a monetary judgment against Catalyst in connection with Lumin’s Third Claim for Relief, which is an in rem cause of action. As a result, Lumin is not filing an affidavit of the amount due or otherwise seeking entry of a monetary judgment pursuant to CR.CP. 121 § 1-14(d). 9. There is no just reason to delay entry of judgment in favor of Lumin on its claim for mechanic’s lien foreclosure against Catalyst. See C.R.C.P. 54(b). 10. A proposed Default Judgment is provided. WHEREFORE, Plaintiff Lumin Systems, Inc. requests that the Court enter default judgment against Defendant Catalyst Lending, Inc. now known as CLI, Inc., and for such other and further relief as the court deems just and proper. DATED this 28th day of January, 2022. Respectfully submitted, MULLIKEN WEINER BERG & JOLIVET P.C. IA duly signed original on file at office of undersigned. ] By: /s/ Hilary A. Roland Murray I. Weiner # 14352 Hilary A. Roland #51574 I, Hilary A. Roland, attorney for Plaintiff Lumin Systems, Inc., certify that the information contained in the foregoing Verified Motion for Default Judgment Against Defendant Catalyst Lending, Inc. now known as CLI, Inc., is true and correct to the best of my information, knowledge, and belief. MULLIKEN WEINER BERG & JOLIVET, P.C. By: Hilary A. Ro STATE OF COLORADO ) ) ss. COUNTY OF EL PASO ) Subscribed and sworn to before me this 28th day of January, 2022, by Hilary A. Roland WITNESS my hand and official seal. My commission expires: ¥:G-222¥ LINSEY L BALDWIN Ke NOTARY PUBLIC Notary Publi STATE OF COLORADO NOTARY ID 20014010872 MY COMMISSION EXPIRES APRIL 6, 2024 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT on this 28" day of January, 2022, I caused a true and correct copy of the foregoing Motion to be delivered to: Todd Collins Mare Tull, 19013 Todd Collins & Associates, LLC 724 E Kiowa Ave, Suite 7 P.O. Box 456 Elizabeth, CO 80107 /s/ Linsey Baldwin