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Complaint - Charletta Lewis
Complaint - Charletta Lewis
, NW : Washington, DC 20001 : Defendant : ___________________________________ : Charletta Lewis 2115 Sudbury Place, NW Washington, DC 20012
COMPLAINT COMES NOW the Plaintiff, by and through counsel, the Law Office of Jimmy A. Bell, P.C. and Jimmy A. Bell, Esquire, and respectfully submits this Complaint against the Defendant to enforce its rights under 42 U.S.C. 1981 and DC law. JURISDICTION 1. Plaintiff alleges a cause of action, in part, arising under 42 U.S.C. 1981. Defendants actions took place in the District of Columbia. VENUE 2. Venue is proper the Defendants actions took place in the District of Columbia. STATEMENT OF FACTS 3. At all times relevant to this Complaint, Plaintiff is an African American Woman and Defendant is a non-African American Man. 4. In or about July 2011, Defendant and Plaintiff entered into a lease agreement and contract ("contract") for 2917 Georgia Ave, NW, Washington, DC 20001.
Pursuant to the lease, the lease required the leased premises to be rentable. Plaintiff leased the premises because the Defendant assured her that the building was in good order and up to code. The Defendant made a false representations to the plaintiff; its falsity was either known to the defendant or that the representation was made with reckless indifference as to its truth the misrepresentation was made for the purpose of defrauding the plaintiff: the plaintiff relied on the misrepresentation and had the right to rely on it; and that the plaintiff suffered compensateable injury resulting from the misrepresentation. All of Defendants acts, representations, and omissions were made with malice and or a reckless disregard for the truth. 5. Plaintiff informed the Defendant that she was going to open a Theater and Jazz Lounge. Plaintiff gave first months rent ($6,900) and last months rent ($6,900) and security deposit ($6,900) for a total of $20,700. 6. Plaintiff fulfilled all of her duties, responsibilities and obligations under this contract, acting in good faith at all times; and was willing and able to continue to do so. 7. When Plaintiff informed the Defendant that she, on 7/28/11, applied for a Certificate of Occupancy for the property and learned that the electrical, plumbing, HVAC and other build-outs were done without permits and were never inspected by DCRA, Defendant stated that he had a signed contract and that Defendant was required to pay her rent per the contract. 8. Defendant breached its contract with Plaintiff as the Defendant knew that the space was not rentable under DC Law as the Defendant made or allowed others to
make illegal changes to the property and significant alterations and repairs. Because changes that were neither licensed nor inspected were made to the building before Plaintiff occupied it, the District of Columbias Department of Regulatory Affairs issued a stop-work order on the property. That means Plaintiff was unable, to acquire a permanent Certificate of Occupancy or a permanent liquor license until January 2012 for part of the Building and still cannot acquire a permanent Certificate of Occupancy or a permanent liquor license for the other part of the building. 9. Upon information and belief Defendant has leased his properties to members outside of Plaintiffs protected class and has not treated those persons they way that Plaintiff has been treated. 10. Defendant is discriminating against Plaintiff because of Plaintiffs race (African American). COUNT I VIOLATION OF THE CIVIL RIGHTS ACT OF 1866, 42 U.S.C. 1981 RACE 11. Plaintiff re-pleads and re-alleges paragraphs 1-10, with the same force and effect as if set forth separately at length herein. 12. 13. Plaintiff is a member of a protected class (African-Americans). Defendant, themselves and/or by and through agent(s), employee(s), and/or representative(s), acted in a discriminatory manner that a reasonable person would find objectively unreasonable. 14. Plaintiff did not enjoy the services, privileges, benefits and protections offered to other persons outside of Plaintiffs protected class.
Plaintiff tried to contact Defendant. Defendant refused to communicate with Plaintiff. Defendants intentionally discriminated against Plaintiff in violation of the Civil Rights Act of 1866, 42 U.S.C. 1981, on account of the race (African-American) of Plaintiff. Plaintiff has already suffered economic damages as a result of Defendants actions.
18.
Upon information and belief, Defendant stands to derive financial benefit from their actions against Plaintiff. COUNT II Breach of Contract
19.
The Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 through 18 one of this Complaint, and further charges: In or about July 2011, Defendant and Plaintiff entered into a lease agreement and contract ("contract") pursuant to which required the leased premises to be rentable. Plaintiff leased the premises because the Defendant assured her that the building was in good order and up to code. All of Defendants acts, representations, and omissions were made with malice and or a reckless disregard for the truth. Plaintiff informed the Defendant that she was going to open a Theater and Jazz Lounge. Plaintiff gave first months rent ($6,900) and last months rent ($6,900) and security deposit ($6,900) for a total of $20,700.
20.
Plaintiff fulfilled all of her duties, responsibilities and obligations under this contract, acting in good faith at all times; and was willing and able to continue to do so.
21.
Defendant breached its contract with Plaintiff as the space was not rentable under DC Law as the Defendant made or allowed others to make illegal changes to the property and significant alterations and repairs. Because changes that were neither licensed nor inspected were made to the building before Plaintiff occupied it, the District of Columbias Department of Regulatory Affairs issued a stop-work order on the property. That means Plaintiff was unable, to acquire a permanent Certificate of Occupancy or a permanent liquor license until January 2012 for part of the Building and still cannot acquire a permanent Certificate of Occupancy or a permanent liquor license for the other part of the building.
22.
When Plaintiff informed the Defendant that she, on 7/28/11, applied for a Certificate of Occupancy for the property and learned that the electrical, plumbing, HVAC and other build-outs were done without permits and were never inspected by DCRA, Defendant stated that he had a signed contract and that Defendant was required to pay her rent per the contract.
23.
As the result of Defendants breach of contract, Plaintiff suffered actual damages over $50,000. COUNT III Fraud
24.
The Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 through 23 of this Complaint, and further charges: The above described representations and promises made to Plaintiff by the Defendant during were false and fraudulent when made, and were purposely made by the Defendant to induce Plaintiff to sign a lease and pay the Defendant money. All of
Defendants acts, representations, and omissions were made with actual malice and or a reckless disregard for the truth. 26. Defendant's representations and promises would likely have induced a reasonable person to rely upon them. These promises and representations were material to Plaintiff and Plaintiff reasonably relied upon them. Were it not for these promises and representations, Plaintiff would not have signed a lease with the Defendant and paid the Defendant money. As a result of the Defendant's fraudulent conduct in making these promises and representations, and Plaintiffs reliance upon them, the Plaintiff suffered actual damages. RELIEF SOUGHT 27. Plaintiff re-pleads and re-alleges, with the same force and effect as if set forth separately and at length herein, paragraphs 1 26. 28. 29. 30. 31. Plaintiff requests the following relief: Compensatory and punitive damages in the amount of $2,000,000.00. Pre- and post-judgment interest. The costs of litigation, including reasonable attorneys fees and expert witness fees. 32. Such other relief that may be just.
Respectfully submitted, /s/ Jimmy A. Bell, Esq. ________________________________ Jimmy A. Bell, Esq. The Law Office of Jimmy A. Bell, P.C. P.O. Box 639 Oxon, Hill, MD 20750 (301) 661-1165 (301) 298-5194 (Fax) Bar No. MD 14639