Chavez-DRAFT Legal Complaint

IN THE SUPERIOR COURT OF ARIZONA COUNTY

                                                       STATE OF ARIZONA                          

JOSE LUIS CHAVEZ, an individual                          )

         Plaintiff,                                              )       CIVIL ACTION NO…….

                                                                           )

Vs.                                                                           )      

LUIS GARCIA, an individual                                     )   

Defendant.                                                  )       JURY TRIAL DEMANDED                                                                              )                                                              

__________________________________________)      

COMPLAINT

Plaintiff Jose Luis Chavez files a complaint against Luis Garcia and alleges as follows:

PARTIES

  1. Plaintiff Jose Luis Chavez, an individual, a resident of the State of Arizona.
  2. The defendant is Luis Garcia, who is also a resident of the State of California.

JURISDICTION AND VENUE

  1. This court has jurisdiction over this case under Article VI § 14 of the Arizona Constitution read with Ariz. R. Civ. P Rule 26.2.

 

  1. The venue is proper according to Article VI § 14 of the Arizona Constitution read with Ariz. R. Civ. P Rule 26.2.

 

STATEMENT OF THE CLAIM

  1. On 1st October 2014, Luis Garcia, Oscar Morales, Martias Aragon, and Jose Chavez agreed to be partners of GT Worldwide Logistics LLC. The Articles of Organization for GT Worldwide Logistics was filed with the California Secretary of State on the same day as shown in Exhibit A.

 

  1. It was agreed that Mr. Chavez was to be paid an annual salary of $80,000, in addition to the profit-sharing of 25% for each of the identified partners shown in Exhibit B.  He was responsible for the services provided to customers, paying the vendors, and other operational management, such as operating expenses: Tucson warehouse monthly rental charges, taxes, sales commissions, e.t.c., and preparation of financial reports

 

  1. The plaintiff avers that he honored the contract and fullied his obligations as required of him. He notes that he helped the company earn more than 12 million dollars between the 2016 1st quarter through the 2018 3rd quarter. 

 

  1. The plaintiff claims the loss of income relative to these services he provided for and the agreements he entered with the defendant. He discovered that some of the revenue wasn’t paid as was required by the defendant as highlighted under Exhibit C. 

 

  1. The plaintiff avers that the company benefited from his expertise and the contracts he brought to the company. He maintains that the revenue came from the customers he had worked with and had good working relationships before his work for the company.
  2.  The plaintiff avers that the profits of the company significantly profited from his dealings with the customers which could be estimated to 12 million. The defendant greatly benefited from withholding the plaintiff’s share of the profits.

AS AND FOR THE FIRST CAUSE OF ACTION

Breach of good faith and fair performance 

  1. Plaintiff contends that the defendant withheld over $ 250, 000 in funds owed to him due to the breach of the contract between him and the defendant. 
  2. The defendant breached the contract by withholding the plaintiff’s rightful share of the revenue.
  3. As a direct and proximate result of the defendant’s breach of the contract as aforesaid, the plaintiff has suffered significant harm, such as physical injury in the form of stress and humiliation. He has also suffered economic loss, lost time, and opportunity.
  4.  The plaintiff contends that he pleads relative negotiation and performance even though as a general rule a party may breach the implied covenant by denying the other party the reasonably expected benefits of the agreement. 

AS AND FOR THE SECOND CAUSE OF ACTION

Fraud 

  1. Plaintiff avers that the defendant defrauded him by failing to pay him the revenue they agreed upon under their contract. 
  2. The defendant thus misrepresented the payment of such revenue and the plaintiff affirms that he was completely unaware of this misrepresentation at the time. 
  3. Defendant well knew that he had no intention of honoring the agreement and went further to withhold company documents from the plaintiff from the year 2018 to 2019. 
  4. Plaintiff avers and contends that the defendant’s impugned conduct and representations amount to fraudulent misrepresentation.

AS AND FOR THE THIRD CAUSE OF ACTION

Conversion  

  1. The plaintiff maintains that the defendant withheld company documents that would have further clearly shown his other share of the revenue that was due. 
  2.  Plaintiff avers that the intentional withholding of the company documents amounted to conversion which impaired his efforts to sufficiently claim the correct amount of money that was owed to him. 

AS AND FOR THE FOURTH CAUSE OF ACTION

Unfair Enrichment

  1. The plaintiff avers that the defendant had set his heart on retaining and benefiting from the revenue that fairly belonged to the plaintiff. 
  2. The plaintiff avers that he suffered significant harm such as physical harm in the form of humiliation and stress due to the defendant’s habitual control of the revenue even after demanding payment.  
  3. The plaintiff alleges that the defendant has no probable cause to withhold such revenue and that he had the intention to unjustly enrich himself which resulted in economic loss, lost time and opportunity, as well as the loss of income. 
  4. The plaintiff maintains that the defendant’s failure to honor his requests for payment of the sums of money due was a clear indication that he intended not to pay up.  
  5. The plaintiff also avers that concerning this claim that there’s no legal remedy concerning this claim.

PRAYER FOR RELIEF

WHEREFORE, the plaintiff prays for judgment against the defendant, as follows:

  1.     For monetary damages of $250,000;
  2.     For punitive damages;
  3.     That Plaintiffs be awarded all pre-judgment interest allowable by law;
  4.     For such further relief as the Court may deem just and proper.

Respectfully submitted, this…………day of…….2020

 

………………………(your signature)

By …………………….(insert your name)

The plaintiff in pro se. 

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