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DISTRICT COURT, ELBERT COUNTY, COLORADO
Court Address: 751 Ute Avenue
Kiowa, CO 80117 DATE FILED: May 13, 2021 9:29 AM
Phone Number: (303) 621-2131 FILING ID: 18086C10CE192
CASE NUMBER: 2021CV30032
Plaintiff: LUMIN SYSTEMS INC., a Colorado corporation,
v.
Defendants: MICHAEL PHILLIPS, an individual; DIANE
PHILLIPS, an individual; CATALYST LENDING, INC., a ▲ COURT USE ONLY ▲
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.:
MULLIKEN WEINER BERG & JOLIVET P.C.
Alamo Corporate Center Division:
102 South Tejon Street, Suite 900
Colorado Springs, CO 80903
Phone Number: (719) 635-8750
Fax Number: (719) 635-8706
E-Mail: weiner@mullikenlaw.com
hroland@mullikenlaw.com
COMPLAINT
COMES NOW Plaintiff Lumin Systems Inc. (“Lumin Systems”), by and through its
attorneys, Mulliken Weiner Berg & Jolivet P.C., and for its Complaint states:
I. GENERAL ALLEGATIONS
1. Lumin Systems is a Colorado corporation in good standing with its principal
address at 33455 Meadow Hill Lane, Elizabeth, Colorado.
2. Defendants Michael Phillips and Diane Phillips (collectively, the “Phillips”) are
individuals who reside in Elbert County.
3. Defendant Catalyst Lending, Inc. (“Catalyst”) is a Colorado corporation with its
principal address at 6530 South Yosemite Street, Suite 310, Greenwood Village, Colorado.
4. Defendant the Public Trustee of Elbert County, Colorado (“Public Trustee”) is
named herein as it is a beneficiary under the deed of trust described herein below.
5. The Phillips are the owners of certain real property in Elbert County, Colorado,
more particularly 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 (the “Property”).
6. Lumin Systems, as general contractor, and the Phillips entered into a contract (the
“Contract”) under which Lumin Systems agreed to perform specified insurance work on the
Property under certain terms and conditions.
7. Lumin Systems performed its work and supplied equipment, material, and labor to
the Phillips for the Property under the Contract.
8. Despite demand, the Phillips have failed to pay Lumin Systems the entire amount
due and owing for its work on the Property.
9. Lumin Systems has satisfied all conditions precedent to the filing of this action.
10. Venue is proper in Elbert County, Colorado, pursuant to C.R.C.P. 98(a).
II. FIRST CLAIM FOR RELIEF
(Breach of Contract - Phillips)
11. Lumin Systems incorporates by reference paragraphs 1-10 above as if fully set forth
herein.
12. The Contract is a valid and enforceable contract.
13. Lumin Systems supplied equipment, material, and labor and performed
construction work on the Property in accordance with the Contract.
14. The Phillips have materially breached the Contract by failing to pay Lumin Systems
all amounts due under the Contract.
15. The Phillips material breach of the Contract has damaged Lumin Systems in an
amount to be proven at trial.
16. Under the Contract, Lumin Systems is entitled to an award of its attorney’s fees and
costs.
WHEREFORE Plaintiff Lumin Systems Inc. requests the Court enter judgment on its First
Claim for Relief against Defendants Michael Phillips and Diane Phillips based upon their breach
of the Contract in an amount to be proven at trial, together with the pre- and post-judgment interest
at the contractual rate of 18% per annum, attorney’s fees and costs pursuant to the Contract, and
for such other and further relief as the Court deems just and proper.
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III. SECOND CLAIM FOR RELIEF
(Unjust Enrichment - Phillips)
17. Lumin Systems incorporates by reference paragraphs 1-16 above as if fully set forth
herein.
18. Lumin Systems supplied certain equipment, material, and labor to and performed
certain construction work on the Property.
19. The equipment, material, and labor supplied for the construction work performed
by Lumin Systems to the Property have benefited the Phillips.
20. To allow the Phillips to retain the benefit of Lumin Systems’ equipment, material,
labor, and construction work without payment would unjustly enrich the Phillips at Lumin
Systems’ expense.
21. Lumin Systems is entitled to the reasonable value of the equipment, material, and
labor it supplied for the construction work it performed for the benefit of the Phillips in an amount
to be proven at trial.
WHEREFORE Plaintiff Lumin Systems Inc. requests the Court enter judgment on its
Second Claim for Relief against Defendants Michael Phillips and Diane Phillips based upon their
unjust enrichment in an amount to be proven at trial, together with the pre- and post-judgment
interest at the legal rate, costs, and for such other and further relief as the Court deems just and
proper.
IV. THIRD CLAIM FOR RELIEF
(Mechanic’s Lien Foreclosure - All Defendants)
22. Lumin Systems incorporates by reference the allegations in paragraphs 1-21 above
as if fully set forth herein.
23. All of the Property is necessary for the convenient use and occupation of the
improvements for which the equipment, material, and labor provided by Lumin Systems were
furnished.
24. Lumin Systems recorded its Statement of Lien in the principal amount of
$24,273.58 against the Property on March 3, 2021, at Reception No. 605375 in the records of the
Elbert County Clerk and Recorder, a true and correct copy of which is attached hereto as Exhibit
1 and incorporated herein.
25. Lumin Systems served a Notice of Intent to File a Lien Statement on the Phillips,
the owners of the Property, at least ten (10) days before recording its Statement of Lien, and
recorded an Affidavit of such service on March 3, 2021, at Reception No. 605375 in the records
of the Elbert County Clerk and Recorder, a true and correct copy of which is attached hereto as
Exhibit 1 and incorporated herein.
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26. The Phillips are the owner of the Property by reason of Warranty Deed dated
January 4, 1994, recorded with the Elbert County Clerk and Recorder on January 11, 1994, at
Reception No. 316395.
27. Catalyst may claim an interest in the Property by reason of a Deed of Trust dated
January 20, 2017, recorded with the Elbert County Clerk and Recorder on January 30, 2017, at
Reception No. 565918.
28. Lumin Systems has a valid mechanic’s lien upon the Property in the principal
amount of $24,273.58, which lien has priority over any right, title, interest, or claim of any of the
Defendants in the Property.
WHEREFORE, Plaintiff Lumin Systems Inc. requests that the Court enter judgment on its
Third Claim for Relief against the Defendants, and its mechanic’s lien be foreclosed upon, the
Property be sold, applying the proceeds thereof to the expense and cost of sale and to satisfy Lumin
Systems’ mechanic’s lien, together with pre- and post-judgment interest at the contractual rate of
18% per annum, costs, and for such other and further relief as the Court deems just and proper.
DATED this 12th day of May, 2021.
Respectfully submitted,
MULLIKEN WEINER BERG & JOLIVET P.C.
[A duly signed original on file at office of undersigned.]
By: /s/ Hilary A. Roland
Murray I. Weiner # 14352
Hilary A. Roland #51574
Plaintiff's Address:
33455 Meadow Hill Lane
Elizabeth, Colorado 80107
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DISTRICT COURT, ELBERT COUNTY, COLORADO Court Address: 751 Ute Avenue Kiowa, CO 80117 DATE FILED: May 13, 2021 9:29 AM Phone Number: (303) 621-2131 FILING ID: 18086C10CE192 CASE NUMBER: 2021CV30032 Plaintiff: LUMIN SYSTEMS INC., a Colorado corporation, v. Defendants: MICHAEL PHILLIPS, an individual; DIANE PHILLIPS, an individual; CATALYST LENDING, INC., a ▲ COURT USE ONLY ▲ 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.: MULLIKEN WEINER BERG & JOLIVET P.C. Alamo Corporate Center Division: 102 South Tejon Street, Suite 900 Colorado Springs, CO 80903 Phone Number: (719) 635-8750 Fax Number: (719) 635-8706 E-Mail: weiner@mullikenlaw.com hroland@mullikenlaw.com COMPLAINT COMES NOW Plaintiff Lumin Systems Inc. (“Lumin Systems”), by and through its attorneys, Mulliken Weiner Berg & Jolivet P.C., and for its Complaint states: I. GENERAL ALLEGATIONS 1. Lumin Systems is a Colorado corporation in good standing with its principal address at 33455 Meadow Hill Lane, Elizabeth, Colorado. 2. Defendants Michael Phillips and Diane Phillips (collectively, the “Phillips”) are individuals who reside in Elbert County. 3. Defendant Catalyst Lending, Inc. (“Catalyst”) is a Colorado corporation with its principal address at 6530 South Yosemite Street, Suite 310, Greenwood Village, Colorado. 4. Defendant the Public Trustee of Elbert County, Colorado (“Public Trustee”) is named herein as it is a beneficiary under the deed of trust described herein below. 5. The Phillips are the owners of certain real property in Elbert County, Colorado, more particularly 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 (the “Property”). 6. Lumin Systems, as general contractor, and the Phillips entered into a contract (the “Contract”) under which Lumin Systems agreed to perform specified insurance work on the Property under certain terms and conditions. 7. Lumin Systems performed its work and supplied equipment, material, and labor to the Phillips for the Property under the Contract. 8. Despite demand, the Phillips have failed to pay Lumin Systems the entire amount due and owing for its work on the Property. 9. Lumin Systems has satisfied all conditions precedent to the filing of this action. 10. Venue is proper in Elbert County, Colorado, pursuant to C.R.C.P. 98(a). II. FIRST CLAIM FOR RELIEF (Breach of Contract - Phillips) 11. Lumin Systems incorporates by reference paragraphs 1-10 above as if fully set forth herein. 12. The Contract is a valid and enforceable contract. 13. Lumin Systems supplied equipment, material, and labor and performed construction work on the Property in accordance with the Contract. 14. The Phillips have materially breached the Contract by failing to pay Lumin Systems all amounts due under the Contract. 15. The Phillips material breach of the Contract has damaged Lumin Systems in an amount to be proven at trial. 16. Under the Contract, Lumin Systems is entitled to an award of its attorney’s fees and costs. WHEREFORE Plaintiff Lumin Systems Inc. requests the Court enter judgment on its First Claim for Relief against Defendants Michael Phillips and Diane Phillips based upon their breach of the Contract in an amount to be proven at trial, together with the pre- and post-judgment interest at the contractual rate of 18% per annum, attorney’s fees and costs pursuant to the Contract, and for such other and further relief as the Court deems just and proper. 2 III. SECOND CLAIM FOR RELIEF (Unjust Enrichment - Phillips) 17. Lumin Systems incorporates by reference paragraphs 1-16 above as if fully set forth herein. 18. Lumin Systems supplied certain equipment, material, and labor to and performed certain construction work on the Property. 19. The equipment, material, and labor supplied for the construction work performed by Lumin Systems to the Property have benefited the Phillips. 20. To allow the Phillips to retain the benefit of Lumin Systems’ equipment, material, labor, and construction work without payment would unjustly enrich the Phillips at Lumin Systems’ expense. 21. Lumin Systems is entitled to the reasonable value of the equipment, material, and labor it supplied for the construction work it performed for the benefit of the Phillips in an amount to be proven at trial. WHEREFORE Plaintiff Lumin Systems Inc. requests the Court enter judgment on its Second Claim for Relief against Defendants Michael Phillips and Diane Phillips based upon their unjust enrichment in an amount to be proven at trial, together with the pre- and post-judgment interest at the legal rate, costs, and for such other and further relief as the Court deems just and proper. IV. THIRD CLAIM FOR RELIEF (Mechanic’s Lien Foreclosure - All Defendants) 22. Lumin Systems incorporates by reference the allegations in paragraphs 1-21 above as if fully set forth herein. 23. All of the Property is necessary for the convenient use and occupation of the improvements for which the equipment, material, and labor provided by Lumin Systems were furnished. 24. Lumin Systems recorded its Statement of Lien in the principal amount of $24,273.58 against the Property on March 3, 2021, at Reception No. 605375 in the records of the Elbert County Clerk and Recorder, a true and correct copy of which is attached hereto as Exhibit 1 and incorporated herein. 25. Lumin Systems served a Notice of Intent to File a Lien Statement on the Phillips, the owners of the Property, at least ten (10) days before recording its Statement of Lien, and recorded an Affidavit of such service on March 3, 2021, at Reception No. 605375 in the records of the Elbert County Clerk and Recorder, a true and correct copy of which is attached hereto as Exhibit 1 and incorporated herein. 3 26. The Phillips are the owner of the Property by reason of Warranty Deed dated January 4, 1994, recorded with the Elbert County Clerk and Recorder on January 11, 1994, at Reception No. 316395. 27. Catalyst may claim an interest in the Property by reason of a Deed of Trust dated January 20, 2017, recorded with the Elbert County Clerk and Recorder on January 30, 2017, at Reception No. 565918. 28. Lumin Systems has a valid mechanic’s lien upon the Property in the principal amount of $24,273.58, which lien has priority over any right, title, interest, or claim of any of the Defendants in the Property. WHEREFORE, Plaintiff Lumin Systems Inc. requests that the Court enter judgment on its Third Claim for Relief against the Defendants, and its mechanic’s lien be foreclosed upon, the Property be sold, applying the proceeds thereof to the expense and cost of sale and to satisfy Lumin Systems’ mechanic’s lien, together with pre- and post-judgment interest at the contractual rate of 18% per annum, costs, and for such other and further relief as the Court deems just and proper. DATED this 12th day of May, 2021. Respectfully submitted, MULLIKEN WEINER BERG & JOLIVET P.C. [A duly signed original on file at office of undersigned.] By: /s/ Hilary A. Roland Murray I. Weiner # 14352 Hilary A. Roland #51574 Plaintiff's Address: 33455 Meadow Hill Lane Elizabeth, Colorado 80107 4