Date: 01-31-2016

Case Style: Logan Gatts v. Jan Pritner Real Estate Group, LLC, et al.

Case Number: CJ-2013-1166

Judge: Tracy Schumacher

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Aaron Stiles for Logan Gatts, John Jerman, Scott Peterse, Lance Miller, Dally Searfoss, Alex Rife and Jack Craven

Defendant's Attorney: Douglas Cubberley, Phillip Redwine and Josh Bex for Elizabeth Money

Tava Jones for Melissa Minette Stevens and Hallmark Properties Management, LLC

Greg Tontz for Jan Pritner and Jan Pritner Real Estate Group, LLC

Description: Norman, OK - Logan Gatts, John Jerman, Scott Petersen, Lance Miller, Daly Searfos, Alex Fife and Jack Cravens sued Jan Pritner Real Estate Croup, LLC, Halmark Properties Management, LLC, Anita Jan Pritner, Melissa Minnette Stevens and Elizabeth Money on fraud theories claiming:

1. Plaintiffs, Logan Gatts, John Jerman, Scott Petersen, Lance Miller, Daly Searfoss, and Alex Rife ("Tenants") were leasehold tenants at the property at 741 Jenkins Avenue, Norman, Oklahoma ("Lease Property").
2. Jack Craven ("Mr. Craven"), a duly licensed attorney in Oklahoma, acted as the Tenants' attorney.
3. Defendant, Elizabeth Money ("Money") is the owner of record for the Lease Property.
4. Defendant Hallmark Property Management, LLC, ("Hallmark") is an Oklahoma limited liability company licensed by the Oklahoma Real Estate Commission as an "Association", or a subsidiary under Jan Pritner Real Estate Group.
5. Jan Pritner Real Estate Group LLC ("Pritner Real Estate Group") is an Oklahoma Limited Liability Company licensed by the Oklahoma Real Estate Commission as a real estate brokerage.
6. Defendant Hallmark is a subsidiary and is required to work under the supervision of Defendant Pritner Real Estate Group.
7. Defendant Hallmark and Pritner Real Estate Group is in the business of managing property for third parties.
8. Defendant Melissa Minette Stevens ("Stevens") is licensed by the Oklahoma Real Estate Commission as a Sales Associate under Defendant Hallmark.
9. Defendant Anita Jan Pritner ("Pritner") is licensed by the Oklahoma Real Estate Commission as the Broker for Defendant Pritner Real Estate Group.
10. Defendant Money hired Defendant Hallmark to manage the Lease Property.

Count I -Breach of Residential Lease Contract by Defendant Money

11. On or around April 24, 2013, Tenants entered into a residential Lease Contract ("Lease Contract") with Defendant Money signed by her "Representative", Defendant Stevens, for the leasing of the Lease Property. (Attached as Plaintiff s Exhibit 1).
12. The Tenants are all students at the University of Oklahoma and the Lease Property is in a prime location adjacent to the university.
13. Tenants occupied the Lease Property and paid rent.
14. Defendant Money breached the Lease Contract in several respects, such as by breaching the express contract language requiring 24 hour notice in compliance with 41 O.S. §128(C), by repeatedly entering the Lease Property unannounced and harassing Tenants.
15. Defendants Money breached the Lease Contract in several respects, such as by intentionally breaching the Plaintiffs' right to quiet enjoyment of the Lease Property implied pursuant to 16 O.S. §19, by repeatedly and unlawfully entering the Lease Property, by unreasonably and repeatedly calling the Norman Police Department to harass the Tenants, by unlawfully restricting the Plaintiff s access to the Lease Property, by prohibiting Tenants from parking cars at the Lease Property on game days, by trespassing, by modifying the Lease Property so that it is now illegal for unrelated people to occupy the dwelling and by constructively evicting the Tenants from the Lease Property.
16. Tenants' right to quiet enjoyment of the Lease Property was breached, resulting in damage to the Plaintiffs' possessory interest inherent in the conveyance granted by the Lease Contract.
17. Tenants have been damaged as a result of Defendant Money's breach.

Count II- Interference with Contractual Rights by Defendants Stevens

18. Defendant Stevens knew about the Lease Contract between Tenants and Defendant Money.
19. Defendant Stevens interfered with the Lease Contract by unilaterally and fraudulently altering material provisions of the Lease Contract after the parties entered into agreement.
20. Defendant Stevens interfered with the Lease Contract by inducing the police to enforce the post-agreement unilateral alterations to the Lease Contract.
21. Defendant Stevens used the improper and unfair means of altering material provisions of the Lease Contract unilaterally after agreement was reached between the parties to interfere with the Lease Contract.
22. Defendant Stevens tortiously interfered with the Lease Contract by intentionally interfering with Tenants' possessory interest in the Leased Property, and with their right of quiet enjoyment by trespassing and harassing the Tenants.
23. As a result of Defendant Stevens' actions, the Lease Contract between the Tenants and Defendant Money was terminated.
24. Plaintiffs suffered damages as a direct result of Defendants actions, including at least lost revenue from game day parking, breach of the right to quiet enjoyment of the Lease Property, and moving expenses.


Count III -Fraud by Defendant Stevens

25. Defendant Stevens knowingly and intentionally altered the Lease Contract after the Tenants signed by handwriting "No parking on game days...." (Attached as Plaintiff s Exhibit 2).
26. The alteration made to the Lease Contract by Defendant Stevens was material.
27. Defendant Stevens intended for the Norman Police Department to rely upon the alteration in order to get them to forcibly remove the Tenants' vehicles on game day.
28. Defendant Stevens intended for the Tenants to rely upon the alteration in order to get them to comply with the altered provisions by sending notice to the Tenants that they were in default under the altered portions of the Lease Contract.
29. Defendant Stevens wrongfully altered the Lease Contract after agreement between the parties then harassingly enforced the wrongful alteration, resulting in damages to Plaintiffs.

Count IV - Trespass to Property by Defendant Stevens

30. Tenants lawfully possessed the Lease Property.
31. Defendant Stevens repeatedly unlawfully entered the Lease Property, without providing the 24 hour notice of intent to enter, required by 41 O.S. §128(C), and harassed Plaintiffs.
32. Tenants did not give the Defendants permission to enter the Lease Property absent the required 24 hour advance notice.

Count V - Assault by Defendant Stevens

33. On or around August 30, 2013, Defendant Stevens attempted to enforce the fraudulently modified provisions of the Lease Contract by demanding that the Tenants remove their vehicles.
34. Tenants called their friend and attorney Mr. Craven to assist and he came to the Lease Property personally.
35. Upon Mr. Craven pointing out to Defendant Stevens that she had altered the Lease Contract, Ms. Stevens became so enraged that she attempted to forcefully rip the unaltered copy of the Lease Contract from Mr. Craven.
36. When Mr. Craven put the copy of the Lease Contract behind his back, Defendant Stevens threatened, shoved him into a wall and physically accosted him.
37. Mr. Craven was placed in apprehension of imminent harmful and offensive contact as a result of Defendant Stevens conduct.

Count VI - Battery by Defendant Stevens

38. On or around August 30, 2013, Defendant Stevens, attempted to enforce the fraudulently modified provisions of the Lease Contract by demanding that the Tenants remove their vehicles.
39. Tenants called their friend and attorney Mr. Craven to assist and he came to the Lease Property personally.
40. Upon Mr. Craven pointing out to Defendant Stevens that she had altered the Lease Contract, Ms. Stevens became so enraged, and in an effort to destroy the evidence, attempted to forcefully rip the unaltered copy of the Lease Contract from Mr. Craven.

Plaintiffs offered to allow Elizabeth Money to take judgment against in the amount of $20,000.
41. Defendant Stevens threatened Jack Craven, and intentionally shoved him into a wall, and thrust her finger into Mr. Craven's chest, resulting in Plaintiff Craven being harmfully and offensively contacted.

Count VII - Violations of the Landlord Tenant Act by Defendant Money, Stevens, Hallmark, Pritner and Pritner Real Estate Group

42. Defendants Money, Stevens, Hallmark, Pritner and Pritner Real Estate Group failed to perform their duties in good faith by falsifying the Lease Contract, failing to give notice, trespassing and constructively evicting the Tenants in violation of 41 O.S. 107.
43. Defendants have made unlawful entry and/or lawful entry in an unreasonable manner and/or harassed the Tenants by making repeated unreasonable demands for entry in violation of 41 O.S. 124.
44. Tenants have been wrongfully removed or excluded the Tenants from possession of the dwelling unit by the actions of the Defendants in violation of 41 O.S. 123.


Count VIII - Violations of the Broker Relationship Act by Defendants Hallmark, Pritner

45. Under 59 O.S. 858-353, Defendants Hallmark, Pritner Real Estate Group, Pritner and Stevens are required to "treat all parties with honesty and exercise reasonable skill and care and the Defendants have violated this duty as described in this Petition.
46. Defendants are considered single party brokers for Defendant Money.
47. Defendants are obligated to disclose their broker relationship in writing to the Tenants in accordance with 59 0.S. 858-355 and 356.
48. Tenants are entitled to recover from the Oklahoma Real Estate Education and Recovery Fund under 59 0.S. 858-603.

Count IX -Respondeat Superior

49. Defendant Stevens was the agent/representative of Defendants Money, Pritner, Hallmark and Pritner Real Estate Group and was acting within the scope of her authority or employment at the time she interfered with the Tenants' contractual rights, altered the Lease Contract, trespassed, and committed assault and battery.
50. Defendant Stevens was the agent/representative of Defendants Money, Pritner, Hallmark and Pritner Real Estate Group and was acting within the scope of her authority or employment at the time she altered the Lease Contract.
51. Defendant Stevens was the agent/representative of Defendants Money, Pritner, Hallmark and Pritner Real Estate Group and was acting within the scope of her authority or employment at the time she trespassed upon the Lease Property.
52. Defendant Pritner Real Estate Group's registration with the Oklahoma Secretary of State is expired and is open for personal liability.
53. Defendant Stevens was the agent/representative of Defendants Money, Pritner, Hallmark and Pritner Real Estate Group was acting within the scope of her authority or employment at the time she assaulted and battered Mr. Craven.
54. Defendant Stevens was the agent/representative of Defendants Money, Pritner, Hallmark and Pritner Real Estate Group was acting within the scope of her authority or employment at the time her actions constructively evicted the Tenants.

Wherefore, Tenants demand judgment against the Plaintiff in the amount of $36,530.73 plus punitive damages in the amount of $147,322.92 and for all other relief allowed under law and equity including costs and attorney fees.

Outcome: Dismissed without prejudice as to Jan Pritner.

Dismissed with prejudice as to Melisssa Minette.

Plaintiff's Experts:

Defendant's Experts:

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