Date: 02-26-2015

Case Style: Ricky Phelps and Toni Phelps v. Mara Dickinson

Case Number: CJ-2013-1896

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Greg Meier

Defendant's Attorney: Howard Perkins

Description: Tulsa, OK - Ricky Phelps and Toni Phelps sued Mara Dickinson on a specific performance theory.

1. In approximately August, 2011, Defendant made an oral agreement with Plaintiffs
to sell to them certain real property, situated in the County of Tulsa, State of Oklahoma, known as 763 South 1 42 East Avenue, Tulsa, Oklahoma 74108, and more specifically described as followed:
Lot Eight (8) Block Two (2), 1 1th Street Acres, Second Addition, to the City ofTulsa, Tulsa County, State of Oklahoma, according to the recorded plat thereof
2. Defendant made representations to Plaintiffs that she would enter into a Contract for
Deed with them, and a draft was made of same, and attached hereto as Exhibit A. This meeting took place in the aforementioned real property and was attended by Defendant’s attorney, Howard
Perkins, Jr., who prepared a Contract for Deed,
3. Based upon said agreement, and for the last two (2) years, Plaintiffs made substantial physical improvements to the property totaling approximately $17,000.00.
4. To date, and since the oral agreement, Plaintiffs have paid Defendant $13,300.00 in
$700.00 a month payments, which Defendant agreed would be applied to the purchase price.
5. Defendant has continually put off signing the Contract for Deed, and subsequently, as improvements were made on the property by Plaintiffs, thereby increasing it’s value, Defendant has continued to raise the purchase price of the property.
JURISDICTION AND VENUE
6. Plaintiffs, Ricky Phelps and Toni Phelps, are husband and wife, andresidents of Tulsa County, State of Oklahoma.
7. Defendant Mara Dickinson, is an individual resident of Tulsa County, State of Oklahoma, and is the co-trustee of the Buck Dickinson Living Trust.
8. The property in dispute is located in Tulsa County, Oklahoma and the acts complained of herein occurred within Tulsa County, State of Oklahoma and this Court has both jurisdiction and venue over this action.
FIRST CAUSE OF ACTION - SPECIFIC PERFORMANCE
Comes now the Plaintiffs, and for their First Cause of Action against the Defendant, readopts and realleges all previous paragraphs set forth herein and further states as follows:
9. At all times mentioned herein, Defendant Dickinson was, and still is, seized in fee simple in the property in dispute.
10. By oral agreement and written contract which was at one point agreed to, but never signed, Plaintiffs agreed to buy, and Defendant agreed to sell, the above-described property for consideration of $65,000.00.
11. Said agreementprovides that the Plaintiffs shall pay to Defendant $700.00 per month,
on a rent to own basis, with $0 down for thirty (30) years.
12. The Plaintiffs have negotiated to pay the balance of the initial purchase price to Defendant. Defendant refused, and continues to refuse to accept Plaintiffs’ tender, and refused and continues to refuse to convey to Plaintiffs the title to the property.
13. Plaintiffs have performed all of their obligations under their agreement with the Defendant.
14. Plaintiffs are still ready, willing and able to pay to Defendant the full initial purchase price for said property, and Plaintiffs offer to pay said sum into the court for delivery to Defendant on Defendants’ execution and delivery of a good and sufficient deed for said property.
15. Since it is real property that is the subject matter of said contract, damages would not be an adequate compensation to Plaintiffs for Defendant’s refusal to convey said property, therefore Plaintiffs lacks adequate legal remedy.
16. As a result of Defendant’s failure to execute the Contract for Deed as agreed upon by the parties of said property, Plaintiffs have suffered consequential damages for expenses relating to the property in an amount in excess of $10,000.00.
17. In the alternative to Plaintiffs’ claim for Specific Performance, Plaintiffs seek damages against Defendant for fraud and unjust enrichment.
WHEREFORE, Plaintiffs pray the court direct Defendant to make, execute and deliver to Plaintiffs a good and sufficient deed to said property and for consequential damages in excess of $10,000.00 against Defendant.
SECOND CAUSE OF ACTION - UNJUST ENRICHMENT
Comes now the Plaintiffs, and for their Second Cause of Action against the Defendant,
readopts and realleges all previous paragraphs set forth herein and fhrther states as follows:
18. The Defendant was enriched as a result of her receipt of funds paid by Plaintiffs’ to Defendant as their rent to own monthly payments.
19. The Defendant was further enriched as a result of the $17,000.00 in improvements to the property in dispute, which increased the value of the property.
20. The Defendant was also enriched by the fraud described below in Plaintiffs’ Third Cause of Action.
21. That this enrichment was obtained by Decedent at the expense of the Plaintiffs.
22. That the Defendant has not returned to Plaintiffs any of the monies or funds which constituted such enrichment.
23. That the Defendant, as owner of the property, had full knowledge of the Plaintiffs agreement with her purchase the property through rent to own payments and had full knowledge of the contract for deed agreement agreed upon by all parties.
24. That the Defendant’s ensiclment described herein was unjust and came at the expense of the rightful owners, the Plaintiffs.
25. That in equity and good conscience, the Defendant should not be permitted to retain the money paid for the property, and thus should be required to pay full restitution to the Plaintiffs for payments made to her under their rent to own contract for deed agreement.
WHEREFORE, the Plaintiffs pray the Court invoke its equitable jurisdiction and award themjudgment against the Defendant in an amount in excess of$10,000.00, the exact amountto be proven at trial, for restitution damages. That due to the unconscionable nature of the Defendant’s conduct, the Plaintiffs further pray the Court award them punitive damages in an amount equal to the restitution damages, their attorney’s fees, costs, and such other and further relief as the Court deems just and equitable.
THIRD CAUSE OF ACTION - FRAUD
Comes now the Plaintiffs, and for their Third Cause of Action against the Defendant, readopts and realleges all previous paragraphs set forth herein and further states as follows:
26. Except for Defendant’s representations, Plaintiffs would not have entered into an agreement with Defendant to purchase the property nor made thousands of dollars in improvements to the property, and in reliance on such representations under circumstances justiing reliance, Plaintiffs have sustained damages from the resulting loss of their monies and property.
27. The conduct of the Defendant since the initial meeting has been to defraud the Plaintiffs of their money and of the property.
WHEREFORE, the Plaintiffs pray the Court award them judgment against the Defendant in an amount in excess of$lO,000.OO, and further pray the Court award them punitive damages in an amount equal to the damages, their attorney’s fees, costs, and such other and further relief as the Court deems just and equitable.
CONCLUSION
WHEREFORE, Plaintiffs pray the court direct Defendant to make, execute and deliver to Plaintiff a good and sufficient deed to said property based on the original terms of the Contract for Deed, or in the alternative, for damages in excess of$1O,000.OO against Defendant; and for punitive damages award them punitive damages in an amount equal to their damages, for attorneys fee and costs of this suit, and for such other and further relief as this court deems just and proper.


Court docket entries:

Date Code Description Count Party Amount
04-12-2013 TEXT

Civil relief more than $10,000 Initial Filing.
1
04-12-2013 OTHER

SPECIFIC PERFORMANCE

04-12-2013 DMFE

DISPUTE MEDIATION FEE
$ 2.00
04-12-2013 PFE1

PETITION

Document Available (#1021267312)
$ 163.00
04-12-2013 PFE7

LAW LIBRARY FEE
$ 6.00
04-12-2013 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
04-12-2013 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
04-12-2013 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
04-12-2013 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
04-12-2013 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
04-12-2013 LTF

Lengthy Trial Fund
$ 10.00
04-12-2013 SMF

Summons Fee (Clerks Fee)
$ 5.00
04-12-2013 SMIP

Summons Issued - Private Process Server

04-12-2013 TEXT

OCIS has automatically assigned Judge Sellers, Jefferson D. to this case.

04-12-2013 ACCOUNT

Receipt # 2013-2578481 on 04/12/2013.
Payor:MEIER LAW Total Amount Paid: $218.70.
Line Items:
CJ-2013-1896: $168.00 on AC01 Clerk Fees.
CJ-2013-1896: $6.00 on AC23 Law Library Fee.
CJ-2013-1896: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-1896: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-1896: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-1896: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-1896: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-1896: $10.00 on AC81 Lengthy Trial Fund.

04-25-2013 APLI

APPLICATION TO JOIN CASES AND PARTIES WITH UNDERLYING SMALL CLAIMS CASE / A TO J / CERTIFICATE OF MAILING / HOWARD D PERKINS ENTERING AS COUNSEL / W-CS

Document Available (#1021492904)
PHELPS, RICKY
04-25-2013 CTFREE

SELLERS, JEFFERSON D.: Order entered joining with SC-13-5071 and to join additional parties.

04-26-2013 AC/C

ANSWER, AFFIRMATIVE DEFENSES & COUNTERCLAIM / CERTIFICATE OF MAILING (A/J)

Document Available (#1021494502)
DICKINSON, MARA
04-26-2013 O

Order / ADDITIONAL PARTIES SHOULD BE JOINED AND AND CASE NUMBER SC-13-5071 SHOULD BE JOINED

Document Available (#1021494633)

05-02-2013 S

Party has been successfully served. SUMMONS SERVED ON MARA DICKINSON, C/O HOWARD D PERKINS JR, SIGNATURE ILLEGIBLE, ON 4-20-13 BY CERTIFIED MAIL

Document Available (#1021637569)
DICKINSON, MARA
05-06-2013 NO

FORMAL NOTICE T OTAKE DEPOSITION (OF RICKY PHELPS, TONI PHELPS, & JESSIE SUTTON)

Document Available (#1021640241)
PHELPS, RICKY
08-08-2013 DWOP

DISMISSAL WITHOUT PREJUDICE BY PLFS AGAINST DEF, PLFS' FIRST CAUSE OF ACTION: SPECIFIC PERFORMANCE

Document Available (#1022559716)

08-08-2013 DISPDWOP

DISMISSAL WITHOUT PREJUDICE
1 DICKINSON, MARA
10-17-2013 CTFREE

SELLERS, JEFFERSON D.: Order entered setting scheduling conference on 11-7-13 at 9:30 am.

10-17-2013 APLI

APPLICATION FOR ORDER SETTING SCHEDULING CONFERENCE / CERTIFICATE OF MAILING

Document Available (#1023092366)
PHELPS, RICKY
10-24-2013 O

ORDER SETTING SCHEDULING CONFERENCE (11-07-13 AT 9:30 AM)

Document Available (#1023331239)

11-07-2013 CTFREE

SELLERS, JEFFERSON D.: Case comes on for scheduling conference. Angie Morris appears for plaintiff defendant appears not. Agreed scheduling order to be submitted within 10 days.

11-12-2013 CTFREE

SELLERS, JEFFERSON D.: Scheduling order entered. Pretrial conference set 5-12-13 at 9:00 am.

12-04-2013 SCHO

SCHEDULING ORDER (OF 11-12-13)

Document Available (#1023673799)

12-05-2013 MO

UNOPPOSED MOTION TO AMEND PETITION TO ALLEGE A CAUSE OF ACTION FOR PROPERTY DAMAGES & CONVERSATION (A/J)

Document Available (#1023670968)
DICKINSON, MARA
12-09-2013 CTFREE

SELLERS, JEFFERSON D.: Order entered granting defendant to amend per counterclaim.

12-11-2013 O

Order ALLOWING AMENDED COUNTER CLAIM / CERTIFICATE OF DELIVERY

Document Available (#1023676207)

12-13-2013 AM

AMENDED ANSWER, AFFIRMATIVE DEFENSES & COUNTERCLAIM / CERTIFICATE OF MAILING

Document Available (#1023769213)
DICKINSON, MARA
12-23-2013 WL

PLAINTIFF'S PRELIMINARY WITNESS AND EXHIBIT LIST / CERTIFICATE OF DELIVERY

Document Available (#1023762266)
PHELPS, RICKY
12-30-2013 RESP

Response TO DEFENDANT'S COUNTERCLAIM / CERTIFICATE OF MAILING

Document Available (#1023874946)
PHELPS, RICKY
02-06-2014 WL

DEFT'S FINAL WITNESS & EXHIBIT LIST / CERTIFICATE OF DELIVERY

Document Available (#1024170820)
DICKINSON, MARA
05-07-2014 CTFREE

SELLERS, JEFFERSON D.: Per phone call with Greg Meier and Howard Perkins pretrial conference passed to 7-14-14 at 9:00 am.

07-09-2014 CTFREE

SELLERS, JEFFERSON D.: By agreement pretrial conference passed to 9-2-14 at 9:00 am to allow time for mediation.

07-28-2014 CTFREE

SELLERS, JEFFERSON D.: Order for settlement conference submitted.

08-29-2014 MO

PLAINTIFFS' MOTION TO DISQUALIFY DEFENDANT'S COUNSEL / A TO J / CERTIFICATE OF SERVICE

Document Available (#1026990447)
PHELPS, RICKY
08-29-2014 MO

Motion TO CONTINUE PRETRIAL CONFERENCE / CERTIFICATE OF SERVICE

Document Unavailable (#1026990451)
PHELPS, RICKY
09-02-2014 CTFREE

SELLERS, JEFFERSON D.: case comes on for pretrial conference. Greg Meier appears for plaintiff Howard Perkins appears for defendant. Pretrial conference stricken. Motion to disqualify counsel is set for evidentiary hearing on 9-11-14 at 11:00 am.

09-02-2014 O

Order AND NOTICE OF EVIDENTIARY HEARING ON PLAINTIFFS' MOTION TO DISQUALIFY DEFENDANT'S COUNSEL / SEE ABOVE ENTRY

Document Available (#1026990634)

09-11-2014 CTFREE

SELLERS, JEFFERSON D.: By agreement evidentiary hearing is passed to 10-1-14 at 9:30 am.

10-01-2014 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
10-01-2014 CTFREE

SELLERS, JEFFERSON D.: Hearing held. Greg Meier appears for plaintiff Howard Perkins appears for defendant. Christina Ogle court reporter. Motion to disqualify counsel is denied. pretrial conference set 11-19-14 at 9:00 am.

10-01-2014 ACCOUNT

Receipt # 2014-2942800 on 10/01/2014.
Payor:MEIER LAW Total Amount Paid: $20.00.
Line Items:
CJ-2013-1896: $20.00 on AC01 Clerk Fees.

11-19-2014 PTO

PRE-TRIAL CONFERENCE ORDER

Document Available (#1027832073)

11-19-2014 RJT

REQUEST FOR JURY TRIAL
$ 349.00
11-19-2014 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
11-19-2014 CTFREE

SELLERS, JEFFERSON D.: Pretrial conference held. All parties appear. Pretrial order entered. Jury trial set 1-27-15 at 9:00 am. Parties to finalize exhibits.

11-19-2014 ACCOUNT

Receipt # 2014-2974886 on 11/19/2014.
Payor:HOWARD D PERKINS JR Total Amount Paid: $369.00.
Line Items:
CJ-2013-1896: $369.00 on AC01 Clerk Fees.

12-10-2014 TEXT

DEFENDANT'S CERTIFICATION OF DELIVERY OF TRIAL EXHIBITS

Document Available (#1028045255)

01-12-2015 MO

UNOPPOSED MOTION TO CONTINUE JURY TRIAL / A TO J / CERTIFICATE OF SERVICE

Document Available (#1028394195)
PHELPS, RICKY
01-13-2015 CTFREE

SELLERS, JEFFERSON D.: Order entered granting plaintiff's motion to continue trial to 3-2-15 at 9:00 am.

01-14-2015 O

Order GRANTING PLAINTIFFS' MOTION TO CONTINUE TRIAL / SEE ABOVE ENTRY

Document Available (#1028393580)

02-25-2015 MO

PLAINTIFF FIRST MOTION IN LIMINE / A TO J / CERTIFICATE OF MAILING

Document Available (#1028750322)
PHELPS, RICKY
02-26-2015 DISPCVDM

SELLERS, JEFFERSON D.: Per phone call from Greg Meier jury trial is stricken as settled.
2 DICKINSON, MARA
02-26-2015 MO

PLAINTIFFS' SECOND MOTION IN LIMINE

Document Available (#1028748568)
PHELPS, RICKY
02-27-2015 CER

PLAINTIFF'S CERTIFICATION OF DELIVERY OF TRIAL EXHIBITS

Document Available (#1028748572)
PHELPS, RICKY
03-02-2015 DWP

Outcome: JOINT DISMISSAL WITH PREJUDICE

Plaintiff's Experts:

Defendant's Experts:

Comments: