What was the case number for the EVCS, LLC lawsuit against Engel & Volkers?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
jector-appellants' briefs are currently due on April 21, 2025.
Concluded Litigation
EVCS, LLC and Amie Streater v. Engel & Völkers Americas, Inc., Curtin Stinson, Luxury Tucson, Inc., Turner Associates, LLC, and IRE Inc., Case No. 2023CV32068 In the District Court, County of El Paso, State of Colorado. On October 26, 2023 our franchisee in Colorado Springs, Colorado, EVCS, LLC ("EVCS"), and its owner Amie Streater, filed a complaint against us and the above-named co-defendants. Plaintiffs' amended complaint ("complaint") asserted causes of action against us for breach of the franchise agreement and the implied covenant of good faith and fair dealing by failing to stop alleged encroachments by certain other franchisees into the protected territory of EVCS. The complaint also alleges that we are liable to EVCS for damages resulting from breaches of EVCS's alleged "third party beneficiary" rights in the franchise agreements we have with those other franchisees. The complaint further alleges a claim for promissory estoppel, claiming that we breached a purported promise to make EVCS aware if anyone else wanted to submit an application for a franchise in Castle Rock or Castle Pines, Colorado and to allow EVCS to submit its own application. Finally, the plaintiffs seek a declaratory judgment that EVCS can properly declare its franchise agreement terminated or rescinded and receive a return of its investment or, alternatively, an injunction requiring us to enforce provisions in franchise agreements with certain other franchisees to prevent encroachment on EVCS's protected area, and/or money damages in an unspecified amount to be proved at trial. We filed a motion to dismiss the case in January 2024. On March 12, 2024, the Court granted our motion to dismiss in part, dismissing plaintiffs' claims against us for breach of the implied covenant of good faith and fair dealing, third party beneficiary, and promissory estoppel. However,
the Court denied our motion to dismiss with respect to the plaintiffs' claims for breach of contract and declaratory judgment. On November 29, 2024 the plaintiffs and we entered into a settlement agreement by which all claims between plaintiffs and us were settled and we paid to plaintiffs a total am
Source: Item 3 — LITIGATION (FDD pages 17–21)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, EVCS, LLC and Amie Streater filed a complaint against Engel & Völkers Americas, Inc., Curtin Stinson, Luxury Tucson, Inc., Turner Associates, LLC, and IRE Inc. The case number for this lawsuit is Case No. 2023CV32068, and it was filed in the District Court, County of El Paso, State of Colorado. The complaint, filed on October 26, 2023, asserted causes of action against Engel & Volkers for breach of the franchise agreement and the implied covenant of good faith and fair dealing, alleging failure to stop encroachments by other franchisees into EVCS's protected territory.
The complaint also alleged that Engel & Volkers was liable to EVCS for damages resulting from breaches of EVCS's alleged "third party beneficiary" rights in franchise agreements with other franchisees. Additionally, it included a claim for promissory estoppel, asserting that Engel & Volkers breached a purported promise to inform EVCS if anyone else wanted to submit a franchise application in Castle Rock or Castle Pines, Colorado, and to allow EVCS to submit its own application. The plaintiffs sought a declaratory judgment that EVCS could properly declare its franchise agreement terminated or rescinded and receive a return of its investment, or alternatively, an injunction requiring Engel & Volkers to enforce provisions in franchise agreements with other franchisees to prevent encroachment, and/or money damages in an unspecified amount to be proved at trial.
Engel & Volkers filed a motion to dismiss the case in January 2024. On March 12, 2024, the Court granted Engel & Volkers' motion to dismiss in part, dismissing plaintiffs' claims against them for breach of the implied covenant of good faith and fair dealing, third party beneficiary, and promissory estoppel. However, the Court denied Engel & Volkers' motion to dismiss with respect to the plaintiffs' claims for breach of contract and declaratory judgment. On November 29, 2024 the plaintiffs and Engel & Volkers entered into a settlement agreement by which all claims between plaintiffs and them were settled and Engel & Volkers paid to plaintiffs a total amount of $200,000. On January 2, 2025 the court dismissed Engel & Volkers with prejudice from the action.