Date: 06-06-2014

Case Style: Consolidate Electrical Distributors, Inc. v. CCCC, Inc. d/b/a Turner Electric Communication

Case Number: CJ-2013-5686

Judge: Patricia G. Parrish

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Misti L. Beanland

Defendant's Attorney:

Description: Consolidate Electrical Distributors, Inc. v. CCCC, Inc. d/b/a Turner Electric Communication

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: Consolidated Electrical Distributors Inc
Filed Date: 10/16/2013
Party Name: Disposition Information:

Defendant: CCCC Inc
Disposed: SUMMARY JUDGEMENT ENTERED, 06/06/2014. Judge.

1.1 Plaintiff CED is a Delaware corporation, has a place of business in Oklahoma County, Oklahoma and is authorized to do business in Oklahoma.
1.2 Defendant CCCC, Inc. doing business as Turner Electric & Communication (“Turner Electric”) is an Oklahoma Corporation and may served with summons and a copy of this petition by serving its Registered Agent, Tom Turner, at 105 Granada Drive, Mannford, Oklahoma 74044, its Registered Address.
1.3 Jurisdiction is properly vested within this Court pursuant to 12 O.S. 2001
§ 2004(F).
1,4 Venue in this Court is proper pursuant to 12 U.s. 142 and 187.
II.
CAUSE OF ACTION ON SWORN OPEN ACCOUNT
2.1 That heretofore and on various dates, as shown by the itemized sworn account hereto attached and marked Exhibit “A” and made a part hereof as if copied verbatim herein, Plaintiff, at the special instance and request of Turner Electric, sold and delivered the various items of goods, wares and merchandise therein set out and at the various prices therein charged, the same being the reasonable market value and agreed purchase price of same, aggregating the sum of $17,439.58 for which the said Tuner Electric promised and agreed to pay and became bound and obligated to pay Plaintiff the said sum of money.
2.2 Turner Electric has not paid or satisfied the above claim, although more than thirty (30) days have expired since said claim was presented.
2.3 Plaintiff is represented by the undersigned attorneys and is, therefore, entitled to recover reasonable attorneys’ fees incurred in prosecuting this matter as Turner Electric agreed to pay for said fees. Plaintiff is also entitled to prejudgment and post-judgment interest at the rate of 1.5% per monthll 8% per annum, as Turner Electric agreed to pay said rate and costs. Said agreement is attached as Exhibit “A”.
III.
OUANTUM MERUIT AGAINST TURNER ELECTRI(.
3.1 CED realleges and incorporates paragraphs 1.1-2.3.
3.2 Alternatively, CED furnished valuable goods to Turner Electric, benefitting Turner Electric with a reasonable expectation of being compensated.
3.3 Turner Electric knowingly accepted the benefit of the goods under circumstances wherein Turner Electric was reasonably noticed that CED expected to be paid for the materials sold by CED to Turner Electric in the amount of $17,439.58.
3.4 Turner Electric would be unfairly benefitted by receiving the goods if no compensation were paid to CED. The fair value of the goods that CED furnished is $17,439.58. CED has sustained damages in the amount of $17,439.58 resulting from Turner Electric’s failure to pay for the materials.
3.5 CED is entitled to judgment against Turner Electric for the value of the materials it supplied on credit to Turner Electric, to-wit: $17,439.58, plus pre-judgment and post-judgment interest as allowed by law, and such further and other relief as the Court decms just and equitable.
Iv.
REQUEST FOR RELIEF
WHEREFORE, premises considered, Plaintiff, Consolidated Electrical Distributors, Inc., prays that the Court enter judgment in its favor personal judgment against Defendant CCCC, Inc. doing business as Turner Electric& Communication in the amount of $17,439.58 on its sworn open account claim, or, in the alternative, on its quantum meruit claim against Defendant CCCC, Inc. doing business as Turner Electric& Communication, plus pre-judgment and post-judgment interest at the rate of eighteen percent (18%) per annum, its attorney’s fees and costs, accrued and accruing; and for any such additional relief as the Court deems just and equitable.

Outcome: 04-04-2014 MOSJ - 78057450 Apr 9 2014 10:32:27:603AM Realized $ 50.00
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT($ 50.00)
Document Available (#1024221760)
04-07-2014 B - 78098023 Apr 10 2014 8:58:19:320AM - $ 0.00
BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Document Available (#1024862473)
04-07-2014 ACCOUNT - 78057542 Apr 7 2014 12:08:08:420PM - $ 0.00
RECEIPT # 2014-3334000 ON 04/07/2014.
PAYOR:MATTHEWS STEIN SHILS PEARCE KNOTT EDEN & DAVIS LLP TOTAL AMOUNT PAID: $50.00.
LINE ITEMS:
CJ-2013-5686: $50.00 ON AC01 CLERK FEES.
04-17-2014 LT - 78258745 Apr 24 2014 2:54:15:693PM - $ 0.00
LETTER / MATTHEWS, STEIN, SHIELS, PEARCE, KNOTT, EDEN & DAVIS, LLP / FILED BY MISTI L. BEANLAND
Document Available (#1024873746)
06-06-2014 DISPSJE 1 CCCC Inc 78676108 Jun 6 2014 10:37:22:220AM - $ 0.00
JUDGE PARRIS: PLTF MOTION FOR SUMMARY JUDGMENT - GRANTED

Plaintiff's Experts:

Defendant's Experts:

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