Date: 12-09-2015

Case Style: A & K Development, LLC v. Anthony Gonzales and Erikka Branscum

Case Number: CJ-2015-2678

Judge: Caroline Wall

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Scott Williams

Defendant's Attorney: Marcus Ratcliff and Dan Martinez

Description: Tulsa, OK - A & K Development, LLC sued Anthony Gonzales and Erikka Branscum on conversion and damage theories claiming:


1. Plaintiff, A & K Development, is incorporated in Delaware with its principtf lace
of business in South Carolina.
2. Upon information and belief, Defendants, Anthony Gonzales and Errikka Branscum, are residents of Tulsa, Oklahoma
3. A & K maintains business properties and earns business income in Tulsa, Oklahoma.
4. This Court has subject matter jurisdiction, personal jurisdiction and venue is proper.

STATEMENT OF THE CASE

5. Mr. Gonzalez was a member of A &K and he was responsible for leasing, managing, and collecting rents on its Tulsa properties (single family residences).
6. Under the terms of an agreement between A & K and Mr. Gonzalez, A & K permitted Mr. Gonzalez to reside in its property located at 5517 S. Boston Place in Tulsa, Oklahoma.
7. Mr. Gonzalez, assisted by Ms. Branscum, breached his duties by collecting and retaining rents for personal gain, absconding with company property (appliances, fixtures, and furnishings) when he vacated the 5517 S. Boston Pl. residence, and damaging the interior and exterior of the 5517 S. Boston PL residence.
8. Mr. Gonzalez failed, upon multiple requests from A & K, to return monies and private property, and failed to repair the damages to the 5517 S. Boston Pl residence.
9. A & K incurred losses in excess of $75,000 as a result of Mr. Gonzalez's actions.
10. Mr. Gonzalez is legally liable for the losses incurred by A & K.

COUNT I- BREACH OF FIDUCIARY DUTY

11. A & K hereby adopts and restates paragraphs 1 through 10 as if fully restated.
12. An agency relationship existed between A & K (principal) and Mr. Gonzalez (agent).
13. As a member of A &K, Mr. Gonzalez owed a fiduciary duty to his employer.
14. Mr. Gonzales breached his fiduciary duty when he retained rents for personal gain, removed company property without permission, and damaged the interior and exterior of a company-owned property.
15. As a direct result of Mr. Gonzalez's breach of fiduciary duty, A & K incurred damages.

WHEREFORE, A & K seeks judgment against Mr. Gonzalez for breach of fiduciary duty in an amount greater than $75,000 plus attorneys fees, costs, punitive damages, and any other relief available under law or equity.
COUNT II- CONVERSION

16. A & K hereby adopts and restates paragraphs 1 through 15 as if fully restated.
17. Mr. Gonzalez and Ms. Branscum assumed and exercised an unauthorized right of ownership over the property of A & K when he removed appliances, furnishings, and fixtures.
18. Due to Mr. Gonzalez's and Ms. Branscum's actions, A & K is without the specified property, and must replace the property in order to make-ready the residence for its intended business use.
WHEREFORE, A & K seeks judgment against Mr. Gonzalez and Ms. Branscum for conversion of A &K property in an amount greater than $75,000 plus attorneys fees, costs, and any other relief available under law or equity.

COUNT III- NEGLIGENCE

19. A & K hereby adopts and restates paragraphs 1 through 18 as if fully restated.

20. At the termination of the agreement between the parties, A &K requested that Mr.

Gonzalez and Ms. Branscum vacate its premises.

21. During an inspection of said property, which occurred immediately after Mr.
Gonzalez and Ms. Branscum vacated it, A &K discovered damage to the interior and exterior of the property.

22. Mr. Gonzalez and Ms. Branscum caused damage or failed to prevent damage from occurring to the interior and exterior of the A & K real property located at 5517 S. Boston Pl.
23. Mr. Gonzalez and Ms. Branscum failed to exercise ordinary care to avoid injury to A & K property.
WHEREFORE, A & K seeks judgment against Mr. Gonzalez and Ms. Branscum for negligence in an amount greater than $75,000 plus attorneys fees, costs, and any other relief available under law or equity.

COUNT IV- LOSS OF USE

24. A & K hereby adopts and restates paragraphs 1 through 23 as if fully restated.

25. Mr. Gonzalez's and Ms. Branscum's actions left the A & K property in a state unsuitable for its intended business purpose.
26. A & K suffered injury by being unable to rent or sale the property equal to or above its fair market value because of the physical damage and missing major appliances, fixtures, and furnishings.
27. A &K cannot repair the physical damage and replace the major appliances, fixtures, and furnishings without incurring additional significant expenses.

WHEREFORE, A & K seeksjudgment against Mr. Gonzalez and Ms. Branscum for loss of use in an amount greater than $75,000 plus attorneys fees, costs, and any other relief available under law or equity.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: