Michael Daugherty and Cati Shadakofsky recently prevailed on a C.R.C.P. 12(b)(5) motion to dismiss in Boulder County. The case arose out of a tenant dispute that escalated to alleged threatening and harassing behavior. The complaint alleged that the property owner and its employees were willful and wanton in disregarding a known danger to one of the tenants, that they breached the terms of the lease, and that they breached the duty of good faith and fair dealing. The Court agreed with the defendants’ argument that the complaint asserted unrecognized and conclusory allegations, granted the motion to dismiss in its entirety, and awarded defendants their attorney fees and costs.
