COURT GRANTS BUCKINGHAM AND PEREZ MOTION FOR SUMMARY JUDGMENT
- August 12, 2019
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In March, 2019, the Arapahoe County District Court struck all claims asserted by three plaintiffs who were suing their homeowners’ association. The lawsuit, which made nine claims across the plaintiffs’ 62-page complaint, was struck by the Trial Court which granted one of the four dispositive motions filed by Buckingham and Perez against the suit and the claims in it. The Court found that the plaintiffs had not complied with the obligations of the community’s binding alternative dispute resolution policy. The Court then entered judgment against claims alleging breach of fiduciary duties, defamation, conspiracy, and more. While plaintiffs initially appealed to the Colorado Court of Appeals, they voluntarily dismissed that proceeding after Buckingham challenged their right to proceed. At the time of this posting, all that remains in the action is a determination of how much of the attorney fees and costs the plaintiffs will be obliged to pay to the clients of Nemirow Perez P.C. for bringing their suit.