Date: 10-07-2013

Case Style: Builders Development Company, Inc. v. Pinnacle V Properties, LLC dba Stampeded Country Stores

Case Number: CJ-2013-4338

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Michael DeCarlo

Defendant's Attorney:

Description: Builders Development Company, Inc. sued Pinnacle V Properties, LLC dba Stampeded Country Stores on an breach of contract theory claiming:

1. That the Plaintiff is a Corporation duly authorized to do business in the State of Oklahoma, and doing business in Tulsa County, Oklahoma as Select Executive Suites, thaflhe Defendant is an Oklahoma Limited Liability Company doing business m Tulsa County, that the subject matter of Plaintiffs First Cause of Action is real property located in Tulsa County, Oklahoma; and that all acts complained of herein occurred within Tulsa County, Oklahoma.

2. That on or about the 1st day of February, 2013, Defendant, entered into a Commercial Lease with Plaintiff that said lease was for approximately 3,319 square feet of commercial space located in the Select Executive Suites, located at 2604 W. Kenosha, Suite 100, Broken Arrow, Tulsa County, Oklahoma for a temi, commencing on the 1st day of February, 2013, and ending on the 31St day of May, 2016; and that a copy of said Lease is attached hereto, marked Exhibit “A” and made a part hereof, as if fully set forth herein.

3. As a result of the defaults of Defendant under the lease, on or about the 23rd day of August, 2013, a 10 Day Notice to Quit for Non-Payment of Rent was served on the Defendant requiring the payment of past due rental and other lease charges in the amount of $8,073.24, or vacation of the lease premises on or before the expiration of ten (10) days from the date of service of the notice, or September 2, 2013;.and that a copy of said 10 Day Notice is attached hereto, marked Exhibit “B” and made a part hereof, as if hilly set forth herein.

4. That Defendant has wholly failed, refused and neglected either to pay the rent and lease charges owed or to quit, surrender and deliver up possession of the above described leased premises.
5. That the Plaintiff is entitled to judgment for the restitution of the said leased premises described in Plaintiff’s Exhibit “A,” together with the reasonable attorney’s fees incurred herein.

WHEREFORE, premises considered, Plaintiff, Builders Development Company,
Inc.,. prays judgment against the Defendant, Pinnacle V Properties, L.L.C. dlb/a Stampede Country
Stores and all other occupants, for restitution of the leased premises as described in Plaintiff’s
Exhibit “A,” together with a reasonable attorney’s fee, court costs, and such other and further relief
to which the Plaintiff may be entitled

SECOND CAUSE OF ACTION

(DAMAGES)

COMES NOW the Plaintiff and for its Second Cause of Action against the Defendant, alleges and states as follows:

6. Plaintiff adopts and incorporates herein, as if ifihly set forth, all facts and allegations set forth in Plaintiff’s First Cause of Action.

7, There is now due and owing to Plaintiff under the tents of Exhibit “A’ the sum of$12,028.37 plus interest and other lease charges.

8. That the Plaintiff is entitied to judgment for any and all installments of rental and other lease charges coming due during the pendency of this action under the terms of the Plaintiffs Exhibit “A.”

9. That upon receiving possession of the leased premises, Plaintiff will make reasonable efforts to re-let said leased premises for the purpose of mitigating the damages which Plaintiff has and will suffer as a result of the breach of the Lease (Exhibit “A”) by the Defendant; and that Plaintiff will sustain thture damages in an amount yet to be determined.

10. That the Plaintiff is entitled to periodic partial judgments for such rentals and other lease charges, as they become due, until such time as the Plaintiff has relet the leased premises, and thereafter in a sum equal to the difference between the rentals and lease charges obtained and the rentals and lease charges reserved under the terms of the Lease Agreement (Exhibit “A”).

WHEREFORE, premises considered, Plaintiff prays judgment against the Defendant, Pinnacle V Properties, L.L.C. d!bla Stampede Country Stores for the sum of $12,028.37, together with any and all installments of rental or other charges coming due under the terms of Plaintiffs Exhibit “A” during the pendency of this action, interest, and for Plaintiffs reasonable attorney’s fees and court costs; Plaintiff further prays that this Court stay Plaintiffs Second Cause of Action from time to time and grant partial judgments as damages become ascertainable.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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