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79D02-2208-PL-000075 Filed: 8/26/2022 4:53 PM
Clerk
Tippecanoe Superior Court 2 Tippecanoe County, Indiana
STATE OF INDIANA TIPPECANOE SUPERIOR COURT II
79D02-2208-PL- __________
FLATLINE CONCRETE &
CUSTOMS, LLC,
Plaintiff,
v.
SEYED AMIR SADEGHI,
PURDUE FEDERAL CREDIT
UNION, REGIONAL
DEVELOPMENT COMPANY, U.S.
SMALL BUSINESS
ADMINISTRATION, IRVING
MATERIALS, INC.
Defendants.
COMPLAINT TO FORECLOSE MECHANIC’S LIEN AND FOR OTHER RELIEF
Plaintiff Flatline Concrete & Customs, LLC, by counsel, and for its Complaint to
Foreclose Mechanic’s Lien against Defendants Seyed Amir Sadeghi, Purdue Federal Credit
Union, Regional Development Company, U.S. Small Business Administration, and Irving
Materials, Inc., states and alleges as follows:
PARTIES AND VENUE
1. Plaintiff Flatline Concrete & Customs, LLC (“Flatline”) is a for-profit
corporation, organized and existing under the state laws of Indiana, with its principal place of
business in Lafayette, Indiana.
2. Seyed Amir Sadeghi (“Sadeghi”) is owner of certain real estate in Tippecanoe
County, and more particularly described as follows:
The same being the real property, a commercial building, located at 2901 Teal Road,
Lafayette, Indiana 47909 as shown above (known collectively as the “Real Estate”).
3. Defendant Purdue Federal Credit Union is named as a Defendant due to any
interest it may have in the Real Estate by virtue of a mortgage recorded on November 24, 2020
as Document No. No. 202020024984 and an assignment of leases and rents recorded on
November 24, 2020 as Document No. 202020024985.
4. Defendant Regional Development Company is named as a Defendant due to any
interest it may have in the Real Estate by virtue of a mortgage recorded on February 3, 2021 as
Document No. 202121002554.
5. Defendant U.S. Small Business Administration is named as a Defendant due to
any interest it may have in the Real Estate by virtue of an assignment of mortgage and
subordination agreement, recorded on February 5, 2021 as Document No. 202121002753 and
Document No. 202222010275 recorded on June 7, 2022, respectively.
6. Defendants Regional Development Company and U.S. Small Business
Administration are also named as Defendants due to any interest they may have in the Real
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Estate by virtue of an assignment of leases and rents recorded February 5, 2021 as Document No.
202121002754.
7. Defendant Purdue Federal Credit Union is further named as a Defendant due to
any interest it may have in the Real Estate by virtue of a mortgage recorded June 7, 2022 as
Document No. 202222010193 and an assignment of leases and rents recorded June 7, 2022 as
Document No. 202222010194.
8. Defendant Irving Materials, Inc. is named as a Defendant due to any interest it
may have in the Real Estate by virtue of the mechanic’s lien recorded on August 15, 2022 as
Document No. 202222014818.
9. The Court has jurisdiction over the Defendant and venue is proper in Tippecanoe
County since the Real Estate is in Tippecanoe County and all material and labor were provided
in this county.
GENERAL ALLEGATIONS
10. The Real Estate is an automotive dealership owned and operated by Sadeghi
known as Best Choice Motors.
11. Flatline was hired by Sadeghi to perform work at the Real Estate. See Invoice
(“Invoice”) attached as Exhibit A.
12. The labor and services Flatline provided to Sadeghi constitute a permanent and
valuable improvement to the Real Estate.
13. Flatline was partially paid for work and labor provided at the Real Estate,
however, $60,000.00 remains due and owing to Flatline.
14. Despite Flatline’s performance pursuant to the parties’ agreement and Invoice, the
balance of $60,000.00 remains due and owing to Flatline.
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15. On July 5, 2022, in accordance with Indiana § 32-28-3-3, Flatline filed a
mechanic’s lien (the “Mechanic’s Lien”) on the Real Estate which was recorded within 90 days
of the last day of work performed on the Real Estate by Flatline. A copy of the Mechanic’s Lien
is attached hereto as Exhibit B.
16. Flatline’s Mechanic’s Lien on the Real Estate is valid, and this action has been
brought within one-year of Flatline’s filing of the same.
COUNT I - FORECLOSURE OF MECHANIC’S LIEN
17. Flatline re-incorporates its allegations in paragraphs 1 through 16 of the
Complaint.
18. At all relevant times, upon information and belief, Sadeghi was the fee simple
title owner of the Real Estate.
19. Flatline provided labor and materials to and improved the Real Estate owned by
Sadeghi which constitute a permanent and valuable improvement to the Real Estate.
20. On July 5, 2022, in accordance with Indiana § 32-28-3-3, Flatline filed a
Mechanic’s Lien on the Real Estate which was recorded within 90 days of the last day of work
performed on the Real Estate by Flatline. A copy of the Mechanic’s Lien is attached hereto as
Exhibit B.
21. Flatline last provided labor and materials to the Real Estate within 90 days of
filing the Mechanic’s Lien, for which Flatline has not been fully compensated.
22. Flatline’s Mechanic’s Lien on the Real Estate is valid, and this action has been
brought within one-year of Flatline’s filing of the same.
23. All conditions precedent have been performed by Flatline, have occurred, or have
been excused.
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24. Without just cause of right, Sadeghi failed to pay Flatline the amount currently
due and owing.
25. Flatline has been compelled to employ attorneys to foreclose its Mechanic’s Lien
on the Real Estate and prosecute this action, and Flatline is entitled to a reasonable for the
services of Flatline’s attorneys in this action, pursuant to the provisions of Indiana Code § 32-28-
3-14.
26. Flatline is entitled to, and does claim, a Mechanic’s Lien on the Real Estate and
all improvements thereon and against all persons interested therein, for the amount of
$60,000.00, plus statutory interest and attorney’s fees.
THEREFORE, Flatline prays for the following relief:
a. That an account be taken on its behalf under the direction of the Court;
a. That the Court determine that Declare Flatline has a valid mechanic’s lien claim
on and against the Real Estate;
b. That the Court determine the validity and relative priorities of all other liens and
interests in the Real Estate;
c. That the Court enter judgment in favor of Flatline and in rem against the real
estate interest of Sadeghi in an amount not less than $60,000.00, together with reasonable
attorney’s fees, plus interest, plus costs for this action, all without relief from valuation and
appraisement laws;
d. That the Court order foreclosure of Flatline’s Mechanic’s Lien on the Real Estate
and foreclose and bar Sadeghi’s equity of redemption and interest in such Real Estate;
e. That Sadeghi be ordered to pay Flatline whatever sums shall be found due Flatline
on taking of account, together with interest and costs;
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f. That the Court order the sale of the Real Estate to pay the judgment; to be applied
first towards the costs of action, next to Flatline’s judgment, and the balance, if any, to be
distributed according to the laws of the State of Indiana;
g. That the Court order, in the event the proceeds from a sale are insufficient to pay
the full amount due to Flatline, including interest and costs, a deficiency decree may be entered
against Sadeghi;
h. That the Court order, in case of a sale and failure to redeem therefrom, Sadeghi,
and all persons claiming by, through, or under them may be forever barred and foreclosed from
all rights or equity of redemption in the Real Estate;
i. That the Court order that, upon expiration of the period of redemption and
execution by the Sheriff of Tippecanoe County, Indiana, of the conveyance of the Real Estate
sold hereunder, not redeemed by the person or persons entitled thereto, Sadeghi, owner in this
action who may be in possession of the Real Estate, or any part thereof, shall, upon demand and
execution of said deed, or copy thereof, surrender to the holder of said deed the full and peaceful
possession of the Real Estate;
j. If Sadeghi does not surrender full and peaceful possession of the Real Estate,
order the Sheriff of Tippecanoe County, Indiana, to enter upon the Real Estate and eject or
remove Sadeghi and any tenants who may be in the possession of the Real Estate or any part
thereof, and any person who, since the commencement of this action, may have come into
possession of the Real Estate, or any part thereof, and direct the Sheriff of Tippecanoe County,
Indiana, to put the party holding such deed, or his assignees, in the full, peaceful and quiet
possession of the Real Estate, without delay; and
k. Award Flatline all other appropriate relief in the premises.
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COUNT II – BREACH OF CONTRACT
27. Flatline re-incorporates its allegations in paragraphs 1 through 26 of the
Complaint.
28. The agreement between Flatline and Sadeghi is a valid and enforceable contract.
29. Flatline fulfilled its responsibilities under the contract, including satisfactory
completion of all work performed to date.
30. Flatline submitted invoices to Sadeghi for payment.
31. Sadeghi has breached the contract by failing to submit payment to Flatline for
work performed at the Real Estate.
32. As a result of Sadeghi’s breach, Flatline has sustained actual damage, in the
amount of $60,000.00 as a direct result of owner’s breach.
33. As a result of Sadeghi’s breach, Flatline has had to employ attorneys to assert its
rights under the Contract and should be awarded reasonable attorney fees as a result of the same.
THEREFORE, to the extent that it is determined that Sadeghi breached the contract,
Flatline is entitled to a judgment against Sadeghi for damages in an amount of $60,000.00, plus
costs and expenses associated and incurred as a result of asserting Flatline’s rights under the
contract, including attorney fees, and for all other proper relief.
COUNT III – UNJUST ENRICHMENT
(In the Alternative)
34. Flatline re-incorporates its allegations in paragraphs 1 through 33 of the
Complaint.
35. Flatline pleads Count III in the alternative to the extent that the parties’ agreement
is not deemed a valid and enforceable express contract.
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36. Flatline also pleads Count III in the alternative to the extent that any extra and/or
additional work is deemed to be outside of Flatline’s services and/or obligations as required by
any valid and enforceable contract.
37. When Flatline provided labor, materials and other services to the Real Estate, at
the express and/or implied request of Sadeghi, Flatline conferred a benefit on Sadeghi.
38. When Flatline provided labor, materials and other services to the Real Estate,
Flatline expected to be paid for that labor, materials and other services.
39. It would be unjust if Sadeghi were permitted to retain the benefit conferred by
Flatline without restitution.
40. Flatline’s uncompensated labor, materials and other services have a reasonable
value of $60,000.00.
41. To the extent that the Court determines that a contract does not exist between
Flatline and Sadeghi or is unenforceable, then Flatline is entitled to payment for the value of the
improvements Flatline provided in the sum of $60,000.00.
THEREFORE, Flatline, by counsel, alternatively requests that the Court enter judgment
for Flatline and against Sadeghi, granting to Flatline an award of damages in an amount of
$60,000.00, plus any other damages identified at trial, the costs of this action, and all other just
and reasonable relief.
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Respectfully submitted,
Date: August 26, 2022 /s/ Kaylin O. Cook
Kaylin O. Cook, #36921-49
Rachel S. Bir, #36640-49
GUTWEIN LAW
250 Main Street, Suite 590
Lafayette, IN 47901
Telephone:765.423.7900
Facsimile:765.423.7901
rachel.bir@gutweinlaw.com
kaylin.cook@gutweinlaw.com
ATTORNEYS FOR PLAINTIFF
FLATLINE CONCRETE & CUSTOMS, LLC
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79D02-2208-PL-000075 Filed: 8/26/2022 4:53 PM Clerk Tippecanoe Superior Court 2 Tippecanoe County, Indiana STATE OF INDIANA TIPPECANOE SUPERIOR COURT II 79D02-2208-PL- __________ FLATLINE CONCRETE & CUSTOMS, LLC, Plaintiff, v. SEYED AMIR SADEGHI, PURDUE FEDERAL CREDIT UNION, REGIONAL DEVELOPMENT COMPANY, U.S. SMALL BUSINESS ADMINISTRATION, IRVING MATERIALS, INC. Defendants. COMPLAINT TO FORECLOSE MECHANIC’S LIEN AND FOR OTHER RELIEF Plaintiff Flatline Concrete & Customs, LLC, by counsel, and for its Complaint to Foreclose Mechanic’s Lien against Defendants Seyed Amir Sadeghi, Purdue Federal Credit Union, Regional Development Company, U.S. Small Business Administration, and Irving Materials, Inc., states and alleges as follows: PARTIES AND VENUE 1. Plaintiff Flatline Concrete & Customs, LLC (“Flatline”) is a for-profit corporation, organized and existing under the state laws of Indiana, with its principal place of business in Lafayette, Indiana. 2. Seyed Amir Sadeghi (“Sadeghi”) is owner of certain real estate in Tippecanoe County, and more particularly described as follows: The same being the real property, a commercial building, located at 2901 Teal Road, Lafayette, Indiana 47909 as shown above (known collectively as the “Real Estate”). 3. Defendant Purdue Federal Credit Union is named as a Defendant due to any interest it may have in the Real Estate by virtue of a mortgage recorded on November 24, 2020 as Document No. No. 202020024984 and an assignment of leases and rents recorded on November 24, 2020 as Document No. 202020024985. 4. Defendant Regional Development Company is named as a Defendant due to any interest it may have in the Real Estate by virtue of a mortgage recorded on February 3, 2021 as Document No. 202121002554. 5. Defendant U.S. Small Business Administration is named as a Defendant due to any interest it may have in the Real Estate by virtue of an assignment of mortgage and subordination agreement, recorded on February 5, 2021 as Document No. 202121002753 and Document No. 202222010275 recorded on June 7, 2022, respectively. 6. Defendants Regional Development Company and U.S. Small Business Administration are also named as Defendants due to any interest they may have in the Real 2 4890-3155-3584, v. 1 Estate by virtue of an assignment of leases and rents recorded February 5, 2021 as Document No. 202121002754. 7. Defendant Purdue Federal Credit Union is further named as a Defendant due to any interest it may have in the Real Estate by virtue of a mortgage recorded June 7, 2022 as Document No. 202222010193 and an assignment of leases and rents recorded June 7, 2022 as Document No. 202222010194. 8. Defendant Irving Materials, Inc. is named as a Defendant due to any interest it may have in the Real Estate by virtue of the mechanic’s lien recorded on August 15, 2022 as Document No. 202222014818. 9. The Court has jurisdiction over the Defendant and venue is proper in Tippecanoe County since the Real Estate is in Tippecanoe County and all material and labor were provided in this county. GENERAL ALLEGATIONS 10. The Real Estate is an automotive dealership owned and operated by Sadeghi known as Best Choice Motors. 11. Flatline was hired by Sadeghi to perform work at the Real Estate. See Invoice (“Invoice”) attached as Exhibit A. 12. The labor and services Flatline provided to Sadeghi constitute a permanent and valuable improvement to the Real Estate. 13. Flatline was partially paid for work and labor provided at the Real Estate, however, $60,000.00 remains due and owing to Flatline. 14. Despite Flatline’s performance pursuant to the parties’ agreement and Invoice, the balance of $60,000.00 remains due and owing to Flatline. 3 4890-3155-3584, v. 1 15. On July 5, 2022, in accordance with Indiana § 32-28-3-3, Flatline filed a mechanic’s lien (the “Mechanic’s Lien”) on the Real Estate which was recorded within 90 days of the last day of work performed on the Real Estate by Flatline. A copy of the Mechanic’s Lien is attached hereto as Exhibit B. 16. Flatline’s Mechanic’s Lien on the Real Estate is valid, and this action has been brought within one-year of Flatline’s filing of the same. COUNT I - FORECLOSURE OF MECHANIC’S LIEN 17. Flatline re-incorporates its allegations in paragraphs 1 through 16 of the Complaint. 18. At all relevant times, upon information and belief, Sadeghi was the fee simple title owner of the Real Estate. 19. Flatline provided labor and materials to and improved the Real Estate owned by Sadeghi which constitute a permanent and valuable improvement to the Real Estate. 20. On July 5, 2022, in accordance with Indiana § 32-28-3-3, Flatline filed a Mechanic’s Lien on the Real Estate which was recorded within 90 days of the last day of work performed on the Real Estate by Flatline. A copy of the Mechanic’s Lien is attached hereto as Exhibit B. 21. Flatline last provided labor and materials to the Real Estate within 90 days of filing the Mechanic’s Lien, for which Flatline has not been fully compensated. 22. Flatline’s Mechanic’s Lien on the Real Estate is valid, and this action has been brought within one-year of Flatline’s filing of the same. 23. All conditions precedent have been performed by Flatline, have occurred, or have been excused. 4 4890-3155-3584, v. 1 24. Without just cause of right, Sadeghi failed to pay Flatline the amount currently due and owing. 25. Flatline has been compelled to employ attorneys to foreclose its Mechanic’s Lien on the Real Estate and prosecute this action, and Flatline is entitled to a reasonable for the services of Flatline’s attorneys in this action, pursuant to the provisions of Indiana Code § 32-28- 3-14. 26. Flatline is entitled to, and does claim, a Mechanic’s Lien on the Real Estate and all improvements thereon and against all persons interested therein, for the amount of $60,000.00, plus statutory interest and attorney’s fees. THEREFORE, Flatline prays for the following relief: a. That an account be taken on its behalf under the direction of the Court; a. That the Court determine that Declare Flatline has a valid mechanic’s lien claim on and against the Real Estate; b. That the Court determine the validity and relative priorities of all other liens and interests in the Real Estate; c. That the Court enter judgment in favor of Flatline and in rem against the real estate interest of Sadeghi in an amount not less than $60,000.00, together with reasonable attorney’s fees, plus interest, plus costs for this action, all without relief from valuation and appraisement laws; d. That the Court order foreclosure of Flatline’s Mechanic’s Lien on the Real Estate and foreclose and bar Sadeghi’s equity of redemption and interest in such Real Estate; e. That Sadeghi be ordered to pay Flatline whatever sums shall be found due Flatline on taking of account, together with interest and costs; 5 4890-3155-3584, v. 1 f. That the Court order the sale of the Real Estate to pay the judgment; to be applied first towards the costs of action, next to Flatline’s judgment, and the balance, if any, to be distributed according to the laws of the State of Indiana; g. That the Court order, in the event the proceeds from a sale are insufficient to pay the full amount due to Flatline, including interest and costs, a deficiency decree may be entered against Sadeghi; h. That the Court order, in case of a sale and failure to redeem therefrom, Sadeghi, and all persons claiming by, through, or under them may be forever barred and foreclosed from all rights or equity of redemption in the Real Estate; i. That the Court order that, upon expiration of the period of redemption and execution by the Sheriff of Tippecanoe County, Indiana, of the conveyance of the Real Estate sold hereunder, not redeemed by the person or persons entitled thereto, Sadeghi, owner in this action who may be in possession of the Real Estate, or any part thereof, shall, upon demand and execution of said deed, or copy thereof, surrender to the holder of said deed the full and peaceful possession of the Real Estate; j. If Sadeghi does not surrender full and peaceful possession of the Real Estate, order the Sheriff of Tippecanoe County, Indiana, to enter upon the Real Estate and eject or remove Sadeghi and any tenants who may be in the possession of the Real Estate or any part thereof, and any person who, since the commencement of this action, may have come into possession of the Real Estate, or any part thereof, and direct the Sheriff of Tippecanoe County, Indiana, to put the party holding such deed, or his assignees, in the full, peaceful and quiet possession of the Real Estate, without delay; and k. Award Flatline all other appropriate relief in the premises. 6 4890-3155-3584, v. 1 COUNT II – BREACH OF CONTRACT 27. Flatline re-incorporates its allegations in paragraphs 1 through 26 of the Complaint. 28. The agreement between Flatline and Sadeghi is a valid and enforceable contract. 29. Flatline fulfilled its responsibilities under the contract, including satisfactory completion of all work performed to date. 30. Flatline submitted invoices to Sadeghi for payment. 31. Sadeghi has breached the contract by failing to submit payment to Flatline for work performed at the Real Estate. 32. As a result of Sadeghi’s breach, Flatline has sustained actual damage, in the amount of $60,000.00 as a direct result of owner’s breach. 33. As a result of Sadeghi’s breach, Flatline has had to employ attorneys to assert its rights under the Contract and should be awarded reasonable attorney fees as a result of the same. THEREFORE, to the extent that it is determined that Sadeghi breached the contract, Flatline is entitled to a judgment against Sadeghi for damages in an amount of $60,000.00, plus costs and expenses associated and incurred as a result of asserting Flatline’s rights under the contract, including attorney fees, and for all other proper relief. COUNT III – UNJUST ENRICHMENT (In the Alternative) 34. Flatline re-incorporates its allegations in paragraphs 1 through 33 of the Complaint. 35. Flatline pleads Count III in the alternative to the extent that the parties’ agreement is not deemed a valid and enforceable express contract. 7 4890-3155-3584, v. 1 36. Flatline also pleads Count III in the alternative to the extent that any extra and/or additional work is deemed to be outside of Flatline’s services and/or obligations as required by any valid and enforceable contract. 37. When Flatline provided labor, materials and other services to the Real Estate, at the express and/or implied request of Sadeghi, Flatline conferred a benefit on Sadeghi. 38. When Flatline provided labor, materials and other services to the Real Estate, Flatline expected to be paid for that labor, materials and other services. 39. It would be unjust if Sadeghi were permitted to retain the benefit conferred by Flatline without restitution. 40. Flatline’s uncompensated labor, materials and other services have a reasonable value of $60,000.00. 41. To the extent that the Court determines that a contract does not exist between Flatline and Sadeghi or is unenforceable, then Flatline is entitled to payment for the value of the improvements Flatline provided in the sum of $60,000.00. THEREFORE, Flatline, by counsel, alternatively requests that the Court enter judgment for Flatline and against Sadeghi, granting to Flatline an award of damages in an amount of $60,000.00, plus any other damages identified at trial, the costs of this action, and all other just and reasonable relief. 8 4890-3155-3584, v. 1 Respectfully submitted, Date: August 26, 2022 /s/ Kaylin O. Cook Kaylin O. Cook, #36921-49 Rachel S. Bir, #36640-49 GUTWEIN LAW 250 Main Street, Suite 590 Lafayette, IN 47901 Telephone:765.423.7900 Facsimile:765.423.7901 rachel.bir@gutweinlaw.com kaylin.cook@gutweinlaw.com ATTORNEYS FOR PLAINTIFF FLATLINE CONCRETE & CUSTOMS, LLC 9 4890-3155-3584, v. 1