material misstatement or false claim (Colorado) · Go Syfert
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material misstatement or false claim in Colorado

6 Colorado opinions name it 1 courts 1991–2022 1 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Wester Holdings Partnership v. Reecegreen
coloctapp · 1999 · cited in 3 Colorado opinions naming this issue, 2009–2022
2 sentences

2022A groundless document is “one for which a proponent can advance no rational argument based on evidence or the law to support the claim.” Westar Holdings P’ship v. Reece, 991 P.2d 328, 330 (Colo. App. 1999).

2009Pursuant to section 38-85-201(8), C.R.S. 2008, a "spurious document" means "any document that is forged or groundless, contains a material misstatement or false claim, or is otherwise patently invalid." Westar Holdings P'ship v. Reece, 991 P.2d 328, 330 (Colo.App.1999).

23
Henisse v. First Transit, Inc.green
colo · 2011 · cited in 1 Colorado opinions naming this issue, 2015–2015
1 sentence

2015Henisse v. First Transit, Inc., 247 P.3d 577, 579 (Colo.2011); Barnhart, ¶ 14. 31 Section 38-85-201(8) defines a "spurious document" as "any document that is forged or groundless, contains a material misstatement or false claim, or is otherwise patently invalid." If such a document is "recorded or filed," and "affect[s]" a person's "real or personal property," that person may bring an action under section 88-85-204.

11
Pierce v. Francisgreen
coloctapp · 2008 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013In other words, a document is spurious "if its proponent can offer no rational legal or factual support for its validity." Rossi v. Osage Highland Dev., LLC, 219 P.8d 319, 328 (Colo.App.2009) (citing Pierce v. Francis, 194 P.3d 505, 509 (Colo.App.2008); Westar Holdings P'ship, 991 P.2d at 330 ).

11
People v. Forgeygreen
colo · 1989 · cited in 1 Colorado opinions naming this issue, 2008–2008
1 sentence

2008The statute only prohibits, as relevant here, the recording of documents that the person knows or has reason to know are forged, are groundless, contain a material misstatement or false claim, or are otherwise invalid. § 38-35-109(3); see Forgey, 770 P.2d at 784 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Soneff v. Harlan green
coloctapp · 1985
2 sentences

1991Any grantee or other person purportedly benefitted by a recorded document which creates a lien against real *824 property and is forged or groundless, contains a material misstatement or false claim, or is otherwise invalid who willfully refuses to release such document of record upon request of the owner of the real property affected shall be liable to such owner for the damages and attorney fees provided for in this subsection.” See Soneff v. Harlan, 712 P.2d 1084 (Colo. App.1985).

1991Any grantee or other person purportedly benefitted by a recorded document which creates a lien against real *824 property and is forged or groundless, contains a material misstatement or false claim, or is otherwise invalid who willfully refuses to release such document of record upon request of the owner of the real property affected shall be liable to such owner for the damages and attorney fees provided for in this subsection.” See Soneff v. Harlan, 712 P.2d 1084 (Colo. App.1985).

11991–1991

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 38-35-204 (4) CO § Colo. Rev. Stat. § 38-35-201 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AZ 10 (2004–2025) CO 6 (1991–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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