DEFENDANTS OPPOSITION TO MOTION TO MODIFY CUSTODY, PARENTING

TIME AND APPLICATION FOR CONTEMPT

IN THE SUPERIOR COURT OF CHEROKEE COUNTY

STATE OF GEORGIA

NICOLE LUBERIS      §

Plaintiff/Counter-Defendant      §

§

v.      § Case No.

§

OLEO LUBERIS      §

Defendant/Counter-Plaintiff      §

DEFENDANT’S OPPOSITION TO MOTION TO MODIFY CUSTODY, PARENTING TIME AND APPLICATION FOR CONTEMPT

NOW COMES Oleo Luberis, Plaintiff, and files this Complaint against Nicole Luberis, Defendant, and for cause would show this Honorable Court as follows:

  1. PARTIES
  2. Plaintiff Nicole Luberis is a female adult citizen of sound mind and a resident of [INSERT ADDRESS].
  3. Defendant Oleo Luberis is a law-abiding male adult of sound mind and a resident of [INSERT ADDRESS].
  • JURISDICTION AND VENUE
  • Jurisdiction exists in this Court pursuant to Georgia Code § 15-6-8.
  • Venue is proper because the causes of action herein took place in Cherokee County.
  • OPPOSITION TO MOTION TO MODIFY CUSTODY, PARENTING TIME AND APPLICATION FOR CONTEMPT
  • Defendant denies all allegations brought against him, all counts, as well as all legal conclusions to the extent permissible.
  • DEFENDANT’S COUNTERCLAIM

Statement of Facts Common to Counterclaim

  • Counter-Plaintiff and Counter-Defendant were married and are now divorced. Counter-Defendant still continues to use Counter-Plaintiff’s last name.
  • On [INSERT DATE], Counter-Defendant went and obtained a loan of $33,000 in Counter-Plaintiff’s name without his consent. She later opened an account in the same bank and added it to Counter-Plaintiff’s login.
  • Counter-Defendant did not seek Counter-Plaintiff’s permission to take the loan and open another account in Counter-Plaintiff’s name. The bank did not call Counter-Plaintiff to check if indeed he had given his permission and consent. When Counter-Plaintiff complained to the bank, the bank denied it and dropped the case.
  • Due to Counter-Defendant’s default on the loan she took, Counter-Plaintiff’s credit score dropped from 800 to 600.
  • As a result of Counter-Defendant’s actions, Counter-Plaintiff’s access to his account using a computer has been restricted for 2 years. Every time Counter-Plaintiff logs into his account from an unrecognized device, Counter-Plaintiff has to provide proof of identity.

Fraud

  1. Counter-Plaintiff hereby incorporates the facts and allegations in Paragraphs 6-10 of this Complaint as though set out in full herein.
  2. “Thus, a claim for unjust enrichment exists where a Counter-Plaintiff asserts that the Counter-Defendant induced or encouraged the Counter-Plaintiff to provide something of value to the Counter-Defendant; that the Counter-Plaintiff provided a benefit to the Counter-Defendant with the expectation that the Counter-Defendant would be responsible for the cost thereof; and that the Counter-Defendant knew of the benefit being bestowed upon it by the Counter-Plaintiff and either affirmatively chose to accept the benefit or failed to reject it.” See Estate of Crook v. Foster, 333 Ga.App. 36, 39, 775 S.E.2d 286 (2015); Morris v. Britt, 275 Ga.App. 293, 294, 620 S.E.2d 422 (2005).
  3. By failing to seek Counter-Plaintiff’s consent in taking a loan on his account or opening another account and adding it to Counter-Plaintiff’s login, Counter-Defendant gained a benefit from Counter-Plaintiff, even though Counter-Plaintiff did not agree that Counter-Defendant receives the benefit.
  4. The benefit that Counter-Defendant received was the loan sum of $30,000 not taken under her name, therefore no consequence to her if she defaults.
  5. Counter-Defendant’s benefit was to the detriment of Counter-Plaintiff. As a result of Counter-Defendant’s actions, Counter-Plaintiff’s credit score dropped from 800 to 600. Counter-Plaintiff also has to verify his identity after logging in through an unrecognized device and he can’t access his account through a computer for 2 years.
  6. Counter-Defendant did all that because she still uses Counter-Plaintiff’s last name, despite the parties being divorced.
  7. Counter-Defendant is liable for unjust enrichment and ought to pay damages to Counter-Plaintiff.

REASONS WHEREFORE, PREMISES CONSIDERED, Counter-Defendant respectfully requests this Honorable Court to grant him the following reliefs:

  1. GRANT judgment in his favor;
  2. DISMISS Plaintiff’s Motion to Modify Custody, Parenting Time and Application for Contempt;
  3. ISSUE a declaration that Counter-Defendant is liable for unjust enrichment;
  4. ISSUE an order of specific performance compelling Counter-Defendant to drop Counter-Plaintiff’s last name and discontinue using it to prevent Counter-Defendant from causing more harm to Counter-Plaintiff;
  5. AWARD Counter-Plaintiff damages for unjust enrichment;
  6. AWARD Counter-Plaintiff punitive damages;
  7. AWARD Counter-Plaintiff pre and post judgment interests;
  8. AWARD Counter-Plaintiff attorney fees as allowed by law;
  9. AWARD Counter-Plaintiff such further relief as this Court deems necessary and proper.

Dated this ____ day of January, 2022.

Respectfully Submitted,

___________________________________

Oleo Luberis,

Defendant/Counter-Plaintiff in pro per

VERIFICATION

I, Oleo Luberis, being duly sworn depose and say that I am the Defendant/Counter-Plaintiff in the above-entitled action, that I have read the foregoing Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of ___________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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