Breach of Contract Complaint

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

IN AND FOR MARION COUNTY, FLORIDA

LAYLA REDACTED, )

Plaintiff, )

)

v. ) CASE NO.

)

JIM REDACTED, )

Defendant. )

______________________________)

COMPLAINT

COMES NOW, Plaintiff, Layla REDACTED by and through her undersigned counsel, sues Defendant, Jim REDACTED, and alleges as follows:

  1. This Complaint seeks damages in excess of $15,000 exclusive of attorneys’ fees and costs.

  2. This is an action for Breach of Implied Contract, Promissory Estoppel, Unjust Enrichment, Conversion, Reformation, Constructive Trust, and Resulting Trust.

GENERAL FACTS

  1. In October 2010, Plaintiff and Defendant began a relationship and quickly decided to get married.

  2. In December 2010, Plaintiff returned to her home country of Belgium while waiting for her fiancée visa to be approved.

  3. During her time away from Defendant, Plaintiff began planning their wedding and preparing for life with her new husband.

  4. Meanwhile, Plaintiff relied upon her fiancée, Defendant, to find them a home, which they planned on buying.

  5. Defendant found a property, which Plaintiff purchased, under the assumption herself and Defendant would be living there as husband and wife.

  6. Defendant was not eligible to receive financing for such a large amount, so Plaintiff applied for and received financing on her own.

  7. Plaintiff allowed Defendant to be named on the title of the property under the understanding that he would make the mortgage payment, while she would make payments on the $12,000.00 loan used for the down payment, which was solely in her name.

  8. Plaintiff began making payments on the loan in August 2011, Defendant was scheduled to begin making payments on the mortgage in September 2011, but did not start making payments until October 2011.

  9. Defendant has been chronically late and/or missing payments on the mortgage from the beginning of his agreement with Plaintiff.

  10. Plaintiff solely purchased all furniture and supplies for the property.

  11. In February 2012, Plaintiff began planning a trip to visit her fiancée at their home in Ocala, however upon further discussion of the visit, Defendant informed Plaintiff that he did not want her to visit. Shortly after this conversation, Defendant decided to end their relationship and their engagement and informed Plaintiff that he had decided to live at their home without her.

  12. Since the end of the relationship, Defendant has completely ceased payments on the mortgage, leaving Plaintiff paying for the property where Defendant is currently living.

COUNT I – BREACH OF IMPLIED CONTRACT

  1. Plaintiff hereby re-alleges and re-affirms the allegations set forth in paragraphs 1 through 14 as if set forth herein in full.

  2. By paying the mortgage on the house where Defendant is living, with the understanding Defendant would be making the payments, the Plaintiff has conferred a benefit upon the Defendant.

  3. The Defendant has knowledge that Plaintiff is providing to him a benefit for which she is not receiving compensation.

  4. The Defendant has retained the benefit.

  5. The circumstances are such that it would be inequitable for the Defendant to retain the benefit without paying fair value for it.

WHEREFORE, Plaintiff requests judgment be entered in her favor, against Defendant, awarding: damages, injunctive relief, costs, attorney’s fees and costs, expert witness fees, compensatory damages, interest, the property be sold at auction with the proceeds to Plaintiff, and any other relief this Court deems just and proper.

COUNT II – PROMISSORY ESTOPPEL

  1. Plaintiff hereby re-alleges and re-affirms the allegations set forth in paragraphs 1 through 14 as if set forth herein in full.

  2. Plaintiff detrimentally relied on the promise made by Defendant that the parties would be married and live together in the home.

  3. The Defendant should have reasonable expected the promise made to Plaintiff to induce reliance.

  4. Injustice could only be avoided by enforcement of the promise.

WHEREFORE, Plaintiff requests judgment be entered in her favor, against Defendant, awarding: damages, injunctive relief, costs, attorney’s fees and costs, expert witness fees, compensatory damages, interest, the property be sold at auction with the proceeds to Plaintiff, and any other relief this Court deems just and proper.

COUNT III – UNJUST ENRICHMENT

  1. Plaintiff hereby re-alleges and re-affirms the allegations set forth in paragraphs 1 through 14 as if set forth herein in full.

  2. By paying the mortgage on the house where Defendant is living, the Plaintiff has conferred a benefit upon the Defendant.

  3. The Defendant has knowledge that Plaintiff is providing to him a benefit for which she is not receiving compensation.

  4. The Defendant has retained the benefit.

  5. The circumstances are such that it would be inequitable for the Defendant to retain the benefit without paying fair value for it.

WHEREFORE, Plaintiff requests judgment be entered in her favor, against Defendant, awarding: damages, injunctive relief, costs, attorney’s fees and costs, expert witness fees, compensatory damages, interest, the property be sold at auction with the proceeds to Plaintiff, and any other relief this Court deems just and proper.

COUNT IV – CONVERSION

  1. Plaintiff hereby re-alleges and re-affirms the allegations set forth in paragraphs 1 through 14 as if set forth herein in full.

  2. As a result of Defendants to pay mortgage payments or other equivalent rent to Plaintiff, Defendant has permanently or indefinitely deprived Plaintiff of her property.

  3. Plaintiff has requested Defendant make his agreed upon payment, however Defendant refuses and has denied Plaintiff access to her property.

WHEREFORE, Plaintiff requests judgment be entered in her favor, against Defendant, awarding: damages, injunctive relief, costs, attorney’s fees and costs, expert

witness fees, compensatory damages, interest, the property be sold at auction with the proceeds to Plaintiff, and any other relief this Court deems just and proper.

COUNT V – REFORMATION

  1. Plaintiff hereby re-alleges and re-affirms the allegations set forth in paragraphs 1 through 14 as if set forth herein in full.

  2. Plaintiff purchased the property and included Defendant’s name on the deed with the intent that Defendant would soon be her husband.

  3. Since Defendant failed to uphold his promise of marriage, it is now inequitable for Defendant to be listed on the deed and should be reformed to reflect such changes.

WHEREFORE, Plaintiff requests judgment be entered in her favor, against Defendant, awarding: damages, injunctive relief, costs, attorney’s fees and costs, expert witness fees, compensatory damages, interest, the property be sold at auction with the proceeds to Plaintiff, and any other relief this Court deems just and proper.

COUNT VI – CONSTRUCTIVE TRUST

  1. Plaintiff hereby re-alleges and re-affirms the allegations set forth in paragraphs 1 through 14 as if set forth herein in full.

  2. As a result of Defendant’s intimate relationship with Plaintiff, Defendant acquired a property which he has not paid for, and therefore should not, in equity and good conscience retain.

WHEREFORE, Plaintiff requests judgment be entered in her favor, against Defendant, awarding: damages, injunctive relief, costs, attorney’s fees and costs, expert witness fees, compensatory damages, interest, the property be sold at auction with the proceeds to Plaintiff, and any other relief this Court deems just and proper.

COUNT VII – RESULTING TRUST

  1. Plaintiff hereby re-alleges and re-affirms the allegations set forth in paragraphs 1 through 14 as if set forth herein in full.

  2. As a result of Defendant’s intimate relationship with Plaintiff, Defendant acquired a property which he has not paid for, and therefore should not, in equity and good conscience retain.

WHEREFORE, Plaintiff requests judgment be entered in her favor, against Defendant, awarding: damages, injunctive relief, costs, attorney’s fees and costs, expert witness fees, compensatory damages, interest, the property be sold at auction with the proceeds to Plaintiff, and any other relief this Court deems just and proper.

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