Alan D. Sweetbaum

Alan D. Sweetbaum is the founding shareholder of the law firm of Sweetbaum Miller PC. He founded the law firm in 1994 and has grown the practice from two lawyers to its present size. Mr. Sweetbaum has been practicing law continuously since 1983. He practices in the area of commercial and civil litigation and specializes in handling all types of litigation affecting real estate. Mr. Sweetbaum also handles bankruptcy, foreclosure, receivership, quiet title actions, construction defect and mechanic’s lien litigation and title insurance litigation, including defense of bad faith claims. He represents individuals and companies both large and small. He has handled numerous appeals in Federal and State courts, many of which are published opinions having significant consequences in the business arena. Mr. Sweetbaum lectures frequently on various real estate, title insurance and litigation issues. He is frequently asked to be an expert witness on various legal matters. For many years Mr. Sweetbaum was the host of several radio shows on KOA radio and KTLK radio in Denver. He is an “AV Preeminent 5.0 out of 5” rated lawyer by Martindale Hubbell and has had the honor of being selected for inclusion in Super Lawyers for every year since its inception in 2006, reflecting a high-degree of peer recognition and professional achievement. Mr. Sweetbaum was also selected for inclusion in The Best Lawyers in America® 2013-2019 in the field of Commercial Litigation.

Admission To Practice:

• Colorado
• District of Columbia
• U.S. District Court, District of Colorado
• U.S Court of Appeals, Tenth Circuit

Education:

• University of Denver College of Law, J.D. 1983
  • Associate Editor, Denver Law Journal
  • Staff, Administrative Law Journal
  • Order of St. Ives (top 10% of class)
• Syracuse University, B.A. 1978

Community Activities and Memberships:

• Past member Real Estate Section Council of the Colorado Bar Association.
• Past Vice President of the Board of Directors, Congregation Emanuel.
• Past member Board of Trustees of the Rocky Mountain Region of the Anti Defamation League.
• Current chair of the Board of Trustees of the College of Arts and Sciences at Syracuse University.

Honors:

• Selected by his peers for inclusion in The Best Lawyers in America® 2013-2019 in the field of Commercial Litigation.
• Listed in Colorado Super Lawyers every year since its inception in 2006.
• AV Preeminent 5.0 out of 5 rating in Martindale Hubbell.

Publications and Speeches:

• CLE Manual — Advanced Foreclosure Issues, National Business Institute, 2013.
• CLE Seminar and Manual – Road and Easement Law.  National Business Institute, 2012.
• CLE Manual – 28th Annual Real Estate Symposium – A Vestige of a Prior Time, CLE in Colorado, Inc., 2010.
• CLE Manual – Road and Access Law in Colorado – How to Research and Resolve Access Disputes (relevant portions of outline), National Business Institute, 2000 – 2010.
• CLE Manual – Foreclosure and Repossession in Colorado, Lorman Education Services, 2002-2009.
• CLE Manual – Evictions and Landlord/Tenant Law in Colorado (relevant portions of outline), National Business Institute, 2003.
• CLE Manual – Colorado Real Estate Title Law (relevant portions of outline), National Business Institute, 2000, 2002, 2003.
• CLE Manual – Residential and Commercial Evictions in Colorado (relevant portions of outline), National Business Institute, 1999, 2001, 2002.
• CLE Manual – Mastering Real Estate Titles and Title Insurance in Colorado (relevant portions of outline), National Business Institute, 1999, 2001.

APPELLATE OPINIONS:

• Michael Gladkin, et al. v. Timber Creek Lodges Condominium Association, et al., Case No. 2019CA315
• SE BCC Building LLC v. Morgan Stanley Smith Barney Financing LLC, Case No. 2017CA1786
• Carl Rose and Pamela Rose v. Colorado Factory Homes, Case No. 01CA1907
• Beeghly v. Mack, 20 P.3d 610 (Colo 2001)
• Abril Meadows Homeowner’s Association v. Jaime A. Castro and
  Sharon F. Castro, Case No. 07CA2440
• Parker Entertainment Center, LLC v. Park-80, LLC, Case No.
  09CA1644
• Holt Group, LLC v. Willie Kellum, et al., Case No. 07CA0534
• Holt Group, LLC v. Kellum Enterprises, et al., Case No.
  09CA0650
• Holt Group, LLC v. Willie Kellum, et al., Case No. 09CA0959
• Jaguar Associated Group, LLC v. Janice E. Black, Case No.
  08CA1509
• Rick Weston v. T&T, LLC, Case No. 09CA2786
• 17 West Mill St., LLC v. Floyd L. Smith, et al., Case No.
  10CA0955
• Dennis Shaw and First Horizon Home Loan Corporation v. 17
  West Mill St., LLC, Case No. 2011SC516, 2013 CO 37
• Sure-Shock Electric, Inc. v. Diamond Lofts Ventures, LLC,
  Case No. 10CA0593
• Citywide Banks v. Brenda L. Armijo, Case No. 10CA1458
• Smart Value Enterprises, LLC v. Bella Fortuna, LLC, Case No.10CA2030
• In re the Estate of Sheldon K. Beren, et al. v. Robert M. Goodyear, Jr., et al, Case No. 10CA2120, 2012 COA 203
• Regency Realty Group, Inc. v. Terracon Consultants, Inc., Case No. 11CA1753
• Aspen at Streamside Condominium Association v. Highland P.U.D. Association, Case No. 12CA1025
• Zykronix, Inc. v. Advantech Co., Ltd., Case No. 12CA223
• Beren v. Beren, 2015 CO 29, 349 P.3d 233 (Colo. 2015)
• U.S. Retail Partners, LLC v. Maudron Specialties, et al., 2014CA1989
• RSUI Group, Inc. v. Stewart Title Guaranty Company, 2015CA635
• Security Service Federal Credit Union v. First American Mortgage Funding, LLC, et al., 771 F.3d 1242 (10th Cir. 2014)
• Lin Merage v. Cameron Wolfe, Case No. 12CA2588
• First Citizens Bank & Trust Company v. Stewart Title Guaranty Company, et al., Case No. 12CA1554
• Diamond Lofts Venture, LLC v. Sure-Shock Electric, Inc., Case No. 12CA1655, 2014COA111
• Diamond Lofts Venture, LLC v. Bronco Fire Alarm Systems, Inc., Case No. 12CA1789
• 2210 Blake Street, LLC, et al. v. Bronco Fire Alarm Systems, Inc., Case No. 12CA1913
• Diamond Lofts Venture, LLC v. Sure-Shock Electric, Inc., Case No. 12CA2200
• Alan Deatley, et al. v. Keybank National Association, Case No. 15-1036 (10th Cir. 2015)

Expert Testimony:

Mr. Sweetbaum has been retained dozens of times to provide expert testimony in a variety of cases. Some of these cases are as follows:

• James D. Daly and Nora F. Daly v. Lloyd R. Kushner and Catherine D. Kushner, Denver County Court, Case No. 5N60840 (Deposition only).
• Dale A. Cutler, et al. v. Castle, Barrett, Daffin & Frappier, LLC, Boulder District Court, Case No. 01CV1304 (Deposition only).
• Eader et al. v. Wollrab, Jr., et al., Boulder District Court, Case No. 00CV1099 (No deposition or trial testimony).
• Larry Hall v. Spooner, et al., Jefferson District Court, Case No. 03CV2547 (No deposition or trial testimony).
• Robert Barmore v. Bradley Hook, Pitkin District Court, Case No. 04CV88 (No deposition or trial testimony).
• Snowmass Land Co. v. Two Creeks Homeowner’s Association, Pitkin District Court, Case No. 04CV46 (Deposition testimony).
• Tagliola Family, LLLP, et al. v. George Matsik, et al., Boulder County District Court, Case No. 04 CV 1136 (Expert opinion and trial testimony).
• Willowbrook Association, Inc. v. Edward Lucas, III, et al., Jefferson County District Court, Case No. 03 CV 1811, Division 4 (Expert opinion).
• Gerald A. Kloss, et al. v. Stephen R. Blank, et al., Denver District Court, Case No. 05 CV 3545 (Expert opinion).
• 8750 Lookout, LLC, et al. v. Daryl Yurek, et al., Boulder District Court, Case No. 07CV425, Division 3 (Expert opinion).
• Aspen at Streamside Condominium Association vs. Highland P.U.D. Association, Eagle County District Court, Case No. 2010CV62, Division 3 (Expert opinion and deposition testimony).
• The Prado Condominium Association, Inc. v. Wendy E. Weigler, et al., Denver County District Court, Case No. 2010CV3323, Division 19 (Expert opinion).
• Wyco Equities, Inc., et al. v. Gelman & Norberg, LLC, et al. (Expert opinion and deposition)
• Mark Keep and Keep Construction v. Robert L. Sperberg, Esq. and Sperberg & Associates, P.C. (Expert opinion)
• Park Monaco Association v. Myra Lansky, et al.
• Danny Mientka, et al. v. Feathergrass Investments, LLC, et al., El Paso County, Colorado, District Court, Case No. 2014CV031841 (Expert opinion)
• Scott Sliski v. Custom Blending, Inc. Joseph Basta, Daniel Berlin and Krishna Balasundaram, Larimer County, Colorado, District Court, Case No. 2014CV30895 (Expert opinion)
• Carolyn Y. Kiser v. Walter Steiger and Annabelle Teresa Steiger, Gilpin County District Court, Case No. 2015CV30037 (Expert opinion and Trial testimony)
• Kathy D. Bruce v. Phillip Seawalt, Denver County District Court, Case No. 2015CV32341 (Expert opinion)

Representative Matters include:

• Representation of dozens of homeowner associations in covenant enforcement actions;
• Representation of landlords and tenants in commercial lease disputes;
• Representation of land owners in disputes regarding land use, zoning and development matters;
• Representation of real estate brokerage firms and real estate brokers in disputes regarding commissions and licensing issues;
• Representation of corporations, limited partnerships, general partnerships and limited liability companies in disputes between principals;
• Numerous access law disputes;
• Has handled appeals involving mechanic’s liens, foreclosures and the validity of the leases of deeds of trust;
• Has been lead counsel on hundreds of jury trials and bench trials in districts all across the state of Colorado, most of which related to complex commercial transactions;
• Has handled dozens of arbitrations involving similar issues to litigation;
• Adverse possession claims;
• Lease disputes;
• Has handled litigation in states and federal courts outside of Colorado on a pro hac vice basis.