I. Background... On January 15, 2004, at about 10:00 p.m., the owner of a closed Lakewood store was in the back room making a telephone call. He heard loud banging noises from the front door, and saw two men there. He noticed they were African-American, less than six feet tall, but one was several inches taller than the other. Both men wore padded winter coats and one wore a multi-colored, horizontally-striped knit cap. The owner yelled at the men, who ran south down Wadsworth Avenue toward...  

I. Background... Scott and Powell led a demonstration at the Church. The Church and the named parishioners sued claiming Scott and Powell had created a private nuisance and had conspired to do so. The Church sought and obtained a permanent injunction against future demonstrations. Thus, this dispute requires the protection of the demonstrators' First Amendment rights to free speech as well as St. John's ability to worship... On March 20, 2005, which was Palm Sunday, the Church held four...  

The parties had a child together out-of-wedlock in May 2003. An order was entered in December 2003, requiring father to pay $625 per month to mother as support for the child. The parties then married in September 2005. Father filed a petition for dissolution and a decree dissolving the parties' marriage was entered in December 2006. Final orders were entered, which resolved all issues between the parties except child support for the parties' minor child, which was reserved for a later hearing....  

I. Background... In 2001, Hicks obtained a judgment of more than $400,000 against the original owner of property in Arapahoe County and recorded that lien behind three other interests, the first of which was a deed of trust held by Washington Mutual. In 2002, the owner sold the property to the Londres, who took title without actual knowledge of the judgment lien and granted a deed of trust to Chase Manhattan. Washington Mutual was paid $1,427,191 and released its deed of trust. However, the...  

I. Background... This dispute affects ownership of a golf course in Rio Grande County. Four tenants in common hold equal interests in the property: William Lynn Kopfman (son of the late "Bill" Kopfman), Christine E. Kopfman (William's mother and Bill's first wife); Ann W. Kopfman (Bill's second wife); and the estate of Bill Kopfman... In October 2006, Plaintiff, Ann Kopfman, paid Wells Fargo Bank $160,000 to acquire a seven-year-old $6.5 million judgment... ... ... and judgment lien...  

I. Wife's Appeal... A. Enforceability of the Parties' Separation Agreement Wife first argues that the trial court erred in finding the separation agreement conscionable. We agree... Parties to a marriage, attendant upon their separation or dissolution of the marriage, may enter into a written separation agreement providing for maintenance and the disposition of property. § 14-10-112(1), C.R.S. 2007. Such provisions are binding on the court unless it finds, after considering the economic...  

I. Background... This case arises out of an automobile accident between plaintiff and Kalman Zeff, now deceased. Siener retained an attorney, who filed a complaint on his behalf. Soon after, the attorney settled the claim with Zeff's insurer, The Hartford, for $25,000. The attorney did so without Siener's knowledge or consent, and, when the settlement check was subsequently sent to the attorney's office, the attorney cashed it and absconded with the proceeds... When Siener later learned from...  

In this appeal, we review the unpublished opinion of the court of appeals in Lewis v. Lewis, WL 3441766 (Colo. App. 2006), which reversed the trial court's judgment. The trial court found that the defendants were unjustly enriched when they failed to compensate the plaintiff for her contribution to a home that was sold for a significant profit. The court of appeals held that unjust enrichment claims present questions of mixed law and fact. Thus, it reviewed the trial court's determination that...  

I. Facts... Before trial, Prescott moved to suppress evidence seized in his hotel room and statements he made at the hotel before he had been given a Miranda warning. After an evidentiary hearing at which only police officers testified, the trial court denied the motion on the basis that Prescott had impliedly consented to their entry into the room... According to uncontroverted testimony at the suppression hearing, two police officers responded to the hotel based on an anonymous telephone call...  

In May 2004, the parties' marriage was dissolved and permanent orders were entered after a hearing before a retired judge who was selected by the parties pursuant to section 13-3-111, C.R.S. 2007. As relevant here, the parties agreed to share husband's pensions equally and to cooperate in preparing the documents necessary to achieve that result... In April 2005, wife filed a motion to adopt a qualified domestic relations order (QDRO) dividing husband's AMPEX pension equally between the parties....  

I... Claimant, Randall Burch, a resident of Louisiana, contracted West Nile Virus while living and working in Colorado for a construction project. Claimant sought workers' compensation benefits, claiming that his illness arose out of his employment. After a hearing, the ALJ found that claimant had not met his burden of demonstrating that the travel status doctrine applied to him for the time period he was in Colorado, and that he was therefore required to demonstrate that he contracted the...  

I. Background... In 1995, Edna R. Murphy executed a quitclaim deed conveying her residence to herself and Moore as joint tenants with a right of survivorship. This quitclaim deed was duly recorded shortly thereafter. In 1998, Murphy purportedly quitclaimed her interest in the property to another party, who, in 2002, quitclaimed the property back to Murphy... Murphy died in 2005. Appellee, John R. Licht, the personal representative of Murphy's estate, attempted to sell the property, knowing of...  

I. Background... The parties married in June 2001. Husband filed a petition for legal separation in November 2004, and in March 2005, the court entered a decree of legal separation, which incorporated the parties' separation agreement. Six months later, at the parties' request, the court converted it into a decree of dissolution... Pursuant to the separation agreement, husband retained his separate property, which included, as relevant here, the entire interest in a limited liability company...  

Brody sustained injuries in an automobile accident in 2001. She brought this action against State Farm, her motor vehicle insurer, asserting claims for breach of contract, willful and wanton failure to pay personal injury protection (PIP) benefits, bad faith breach of contract, outrageous conduct, and violation of the Colorado Consumer Protection Act (CCPA). The claims were based on State Farm's refusal to pay PIP benefits for a "Sleep Number" bed after Brody's physician had prescribed...  

The following facts are undisputed. Defendant is a farmer. He owns two adjacent quarter sections of land in Logan County, which are separated by a half mile of an unpaved and infrequently used county road. In 2003, defendant installed a linear sprinkler system for his fields that is approximately one-half mile in length and is set on wheels, which makes it mobile. Approximately seven times annually during the irrigation season of July through September, defendant moves his sprinkler system from...  

Plaintiff owns several unpatented mining claims located on Bureau of Land Management (BLM) land in Gunnison County. In the 1940s, the federal government, pursuant to the Defense Highway Act of 1941, built an access road from a public highway to the land where these mining claims are located. The federal government concluded that the raw materials found at that location were "of importance to the war effort." The access road crosses defendants' land, and defendants' predecessor executed...  

I. Facts... The following facts are undisputed. The Association is the owners' association for Fairway Pines Estates, a residential golf community subject to the declaration of Covenants, Conditions, Restrictions and Easements for Fairway Pines Estates, a Planned Unit Development (the Declaration). Although the term "club" is not defined in the Declaration, it provides that the Owners, none of whom is a defendant in this action, are members of the golf course and club, for which they...  

I. Background... Chandler-McPhail was insured by Kaiser Foundation Health Plan of Colorado (Kaiser), pursuant to a plan of health insurance purchased from Kaiser by Chandler-McPhail's employer. The health care coverage provided under the agreement between Chandler-McPhail's employer and Kaiser is described in an Evidence of Coverage (EOC). The EOC describes, in part, health care benefits provided under the plan, procedures for obtaining services from primary care physicians and specialists, and...  

Applying the supreme court's decision in People v. Hillman, 834 P.2d 1271 (Colo. 1992), we consider and reject defendant's contention that he had a reasonable expectation of privacy in trash placed at curbside for collection. We further reject his constitutional challenge to the statute making it a crime to manufacture methamphetamine in the presence of a child. However, we agree that his conviction for manufacturing methamphetamine should merge into his conviction for manufacturing that...  

I. Background... Zelenoy's son was involved in two separate alcohol-related car accidents. In both accidents, he was driving her car. After the second accident, the Department sent a notice of suspension to Zelenoy that stated:... In conformity with 42-7-406 it is necessary for you, the owner of the vehicle, to establish proof of financial responsibility. You may request a hearing concerning this matter by applying in writing or in person to the Hearings Section prior to the effective date...