Date: 06-17-2014

Case Style: Timothy Wayne Tarralbo v. Linda K. Rossborough

Case Number: CJ-2013-939

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Craig Brown and Evan A. McCormick

Defendant's Attorney: Steve M. Holden

Description: Timothy Wayne Tarralbo v. Linda K. Rossborough

Issue # 1.
Issue: FRAUD (FRAUD)
Filed by: Tarralbo, Timothy Wayne
Filed Date: 02/13/2013
Party Name: Disposition Information:

Defendant: Rossborough, Linda K
Disposed: DISMISSED - SETTLED, 06/12/2014. Dismissed- Settled.

Defendant: Rossborough, Linda K
Disposed: DISMISSED - WITH PREJUDICE, 06/17/2014. Other.

1. Plaintiff, Timothy Wayne Tarralbo, is an individual residing in Canadiaii County, Oklahoma.
2. Plaintiff, Kathy E. Robbins, is an individual residing in Grady County, Oklahoma.
3. Plaintiff, Tern L. Card, is an individual residing in Comanche County, Oklahoma,
4. Defendant Linda K. Rossborough is an individual residing in Grady Courfly, Oklahoma.
5. The parties entered into a Settlement Agreement “Settlement Agreemem” in
Oklahoma County, Oklahoma. A copy of which is attached hereto as Exhibit “A”.
6. The Setilement Agreement vests Jurisdiction and Venue in Oklahoma County, Oklahoma. See, Exhibit “A” at Paragraph 6.
7. The amount in controversy, exclusive of fees, costs and interest exceeds the sum of
$10,000.00.
8. Venue and jurisdiction is properly laid in this District.
FACTUAL ALLEGATIONS
9. On March 20, 1999, Bonita Smith (“Smith”) entered into a Contract of Sale of Real Estate (“Contract”) with Defendant.
10. The one page Contract clearly states “Surface Rights Oniy”.
11. On April 27, 1999, there was recorded a Statutory Individual Warran :y Deed (“Deed”)which conveyed to Defendant the property, with the mineral interests.
12. On November 6, 2007, believing that she was the owner of the mineral interest on the Property, Smith deeded the mineral interest to the Smith Children.
13. On August 20, 2008, Rossborough signed an “Oil and Gas Lease” with Continental Resources, Inc. and based on representations of Rossborough, she was paid $30,000.00 in leasing funds.
14. In the fall of 2010, a representative of Jack Fork Land, Inc. contacted the Smith Children and indicated that it had sent a second lease to Rossborough with regard to the minerals in question.
15. The Smith Children then contacted American Eagle Title Insurance Company and spoke with Andrea Martin to obtain the Contract and closing file. Ms. Martin indicated American Eagle no longer had the file and Contract as it was custom to destroy files of that age.
16. Since the Smith Children did not have the Contract and were unaware of its express and unambiguous language, they agreed to settle with Defendant on Februa!y 16, 2011 on Defendant’s representation that she had a legitimate claim in the mineral interests.
17. As part of the settlement, the Smith Children paid Defendant $5,000.00 in exchange for a quit claim deed of the mineral interests.
18, On March 1,2011, only after the Settlement Agreement was executtd, American Eagle found and produced a copy of the Contract via fax to the office of Wheeler, Wheeler, Morgan, Faulkner, and Brown.
19. At all times relevant Defendant was aware of the express and obvious provision of the Contract, it only being one (1) page in length, that it conveyed “Surface Rights Only” and yet induced Plaintiffs to settle, kept $30,000.00 in lease funds rightfully owed to the Smith Children, and required payment in exchange for a quit claim deed of the interests.
FIRST CAUSE OF ACTION
FRAUD AND DECEIT
20. Plaintiffs restate and reallege the allegations in paragraphs I througi. 19 and incorporate the same herein by reference.
21. In February of 2011, Defendant induced the Smith Children to enter in a Settlement Agreement upon representations that Defendant did not possess the original Contract and that Defendant had a legitimate interest in the disputed mineral interests.
22. The parties hereto executed the Settlement Agreement on February 6, 2011.
23. On March 1, 2011, the Smith Children’s Attorney was faxed a copy of the original Contract, which brought to light the falsity of Defendant’s representations.
24. The statements and assurance of Defendant were false and misleading and made with the purpose of inducing Plaintiffs to execute the Settlement Agreement.
25. The Smith Children relied to their detriment on the fraudulent and deceitful statements of Defendant as specifically plead above, thereby resulting in actual damages that exceed $10,000.00.
26. In addition, Defendant’s statements and actions were intentional, malicious, and wanton, and demonstrate a complete disregard and reckless indifference to the righis of the Smith Children, entitling Plaintiffs to an award of punitive damages.
SECOND CAUSE OF ACTION
DETRIMENTAL RELIANCE
27. Plaintiffs restate and reallege the allegations in paragraphs 1 througl 26 and incorporate the same herein by reference.
28. The statements and assurance of Defendant were false and misleading and made with the purpose of inducing Plaintiffs to execute the Settlement Agreement.
29. The Smith Children relied to their detriment on the fraudulent and deceitful statements of Defendant as specifically plead above, thereby resulting in actual damages that exceed $10,000.00.
THIRD CAUSE OF ACTION
UNJUST ENRICHMENT
30. Plaintiffs restate and reallege the allegations in paragraphs 1 through 29 and incorporate the same herein by reference.
31. The Defendant has received the benefit of the Settlement AgreemenL by retaining leasing finds and payments from the Smith Children despite ever having a legitimate interest in the disputed mineral interests; therefore, Defendant has been unjustly enriched at the expense of Plaintiffs.
32. By inducing the Smith Children to execute the Settlement Agreemer t, the Defendant has been unjustly enriched in actual damages that exceed $10,000.00.
PRAYER
WHEREFORE, the Plaintiffs respectffihly request judgment against the Defcndant on all its claims and the following relief:
(a) Money damages in tort, along with applicable pre-judgment and ostjudgment interest under the theories described above;
(b) Punitive damages to the fullest extent permitted by the law; (c) Plaintiffs’ costs and attorneys’ fees incurred in this matter; and, (d) Such other and further legal and equitable relief that the Court dtems just and proper.

Outcome: 06-17-2014 DISPCVDMWP 1 Rossborough, Linda K 78782963 Jun 18 2014 8:21:47:353AM - $ 0.00
JOINT DISMISSAL WITH PREJUDICE
Document Available (#1025619384)

Plaintiff's Experts:

Defendant's Experts:

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