The Lessee of Trumpets Sues SCACAI

 

On 12 April, 2007, S&D Cafe V, LLC, herinafter referred to as S&D, the lessee of Sun City's premier restaurant located in the Anthem Center, filed suit against Sun City Anthem Community Association, Inc., alleging four causes of action seeking money damages and related costs, plus the plaintiff also seeks punitive damages and injunctive relief. The Complaint alleges 1) Breech of Contract; 2) Breech of the Covenant of Good Faith and Fair Dealing; 3) Fraud; and 4) Tortious Interference.

The plaintiff did not file a complaint against the Developer. The Developer, while in control of the Board of Directors during key portions of the leasing period, as well as exercising management of the Community until RMI's takeover in 2006, was not technically a party to the lease since the lease agreement was between the Association and the lessee, and not between the Developer and the lessee. However, when the lease was entered into, Pulte's employee Steve O’Connor, signed the lease as the then President of the SCA Board of Directors.

You may read the Complaint & related information by clicking on the Links below, in order of the date of the action.

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President's Report on Trumpets re motion to evict  Latest News 7/13__________________________________________________________

1. S&D files a complaint against SCACAI, 12 April.   Complaint

2. Announcement by Favil West, 16 April.  Announcement

3. SCACAI files demand to pay rent or quit, 16 April  Demand for rent

4. S&D responds to demand for rent, 20 April    Response

5. SCACAI files motion to dismiss, 23 May    Motion to dismiss

6. S&D files response to motion to dismiss, 9 July   Response

7. SCACAI responds to plaintiff's response, 10 July    Response

8. SCACAI files a complaint for failure to pay rent, 13 July Complaint

9. SCACAI files for unlawful retainer (eviction), 13 July   Eviction

10. While the Court denied SCACAI's motion to dismiss, the Court on 17 July ordered Mr. Mushkin, attorney for S&D Cafe V to file a more definite statement as to the fraud claim by August 20th

11. S&D files amended complaint, 20 Aug. Amended Complaint

12. SCACAI files response to amended complaint, pending

Case 07-A-539374-B   Status ACTIVE
Plaintiff S And D Cafe V LLC Attorney Mushkin, Michael R.
Defendant Sun City Anthem Community Association Attorney Ballif, Philip M.
Judge Gonzalez, Elizabeth Dept. 11  
       

13. District Court Case Activity.  Click here to see case activity

Trumpets Lease Agreement

Members may read the Trumpets Lease Agreement by accessing the Community's website at www.sca-hoa.org. In the Menu Bar, Click "Resident login." Then after gaining access, click on the Menu Bar Link "Documents." Then click on "Contracts" and select:  "September 12 2002 Trumptets Lease Agreement."