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IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
BRC North Springs, LLC, )
)
Plaintiff, )
)
v. ) Civil Action No.: _______________
)
Piedmont United LLC and )
Torez Alli, )
)
Defendant.
COMPLAINT
COMES NOW Plaintiff and states its Complaint as follows:
PARTIES, JURISDICTION, VENUE
1.
Defendant Piedmont United LLC (“Defendant Piedmont United”) is a limited liability
company organized under the laws of the State of Georgia. Defendant Piedmont United has been
administratively dissolved and may be served via its principal: Torez Alli, 2820 Manor Brook
Court, Snellville, Georgia 30078.
2.
Defendant Torez Alli (“Defendant Alli”) is an individual resident of Georgia. Defendant
Alli may be served at his residence: 2820 Manor Brook Court, Snellville, Georgia 30078.
3.
This Court has jurisdiction over Defendant, and Gwinnett County is the appropriate venue,
as Defendant Alli is a resident of Gwinnett County and Defendants are joint-obligors.
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4.
This Court has jurisdiction over the subject matter of this case, as this case involves a claim
of breach of lease and guaranty.
FACTS
5.
Plaintiff and Defendant Piedmont United are parties to Commercial Lease dated September
26, 2013, as amended by a Lease Amendment and Consent to Assignment dated April 14, 2016, a
Lease Amendment and Consent to Assignment dated February 22, 2019, and a Consent to Sub-
Lease dated December 1, 2019 (collectively, the “Lease”).
6.
Defendant Alli guaranteed Defendant Piedmont’s obligations under the Lease (the
“Guaranty”).
7.
The Lease and Guaranty are in default for non-payment.
8.
As of March 1, 2023, Defendants owe at least $21,802.44 under the Lease and Guaranty.
That amount is $7,267.48 unpaid rent for January, February, and March 2023 ($7,267.48 per
month).
9.
Defendants also owe a 5% late charge for each month of unpaid rent pursuant to Section 7
of the Lease, 18% per annum interest pursuant to Section 29 of the Lease, or reasonable attorneys’
fees pursuant to Section 35 of the Lease.
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10.
Finally, for each month after March 2023 until the expiration of the Lease term October
31, 2023, Defendants will owe an additional $7,267.48 in unpaid rent, plus the 5% late charge, and
plus 18% per annum interest.
COUNT I – BREACH OF LEASE
(DEFENDANT PIEDMONT UNITED)
11.
Plaintiff incorporates all prior allegations.
12.
The Lease is in default for non-payment.
13.
As a result of such default, Plaintiff is entitled to a judgment against Defendant Piedmont
United in the amount of $21,802.44 plus a 5% late charge for each month of unpaid rent, plus 18%
per annum interest, plus rent accruing April 1, 2023 through the date of judgment (but not
exceeding October 31, 2023) at a rate of $7,267.48 per month.
COUNT II – BREACH OF GUARANTY
(DEFENDANT ALLI)
14.
Plaintiff incorporates all prior allegations.
15.
The Guaranty is in default for non-payment.
16.
As a result of such default, Plaintiff is entitled to a judgment against Defendant Alli in the
amount of $21,802.44 plus a 5% late charge for each month of unpaid rent, plus 18% per annum
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interest, plus rent accruing April 1, 2023 through the date of judgment (but not exceeding October
31, 2023) at a rate of $7,267.48 per month.
COUNT III – ATTORNEYS’ FEES PURSUANT TO O.C.G.A. § 13-1-11
(DEFENDANTS)
17.
Plaintiff incorporates all prior allegations.
18.
Section 35 of the Lease includes an attorneys’ fees provision. Plaintiff intends to enforce
that provision. Defendants may avoid liability for such attorneys’ fees by paying the entire accrued
but unpaid principal and interest due under the Lease within 10 days of service of this Complaint.
19.
Should Defendants fail to pay such amount within 10 days of service of this Complaint,
then Plaintiff will be entitled to a judgment against Defendants, jointly and severally, for
reasonable attorneys’ fees pursuant to O.C.G.A. § 13-1-11.
WHEREFORE, Plaintiffs pray that this Court:
(1) pursuant to Count I, enter judgment against Defendant Piedmont United as set forth
above,
(2) pursuant to Count II, enter judgment against Defendant Alli as set forth above;
(3) pursuant to Count III, enter judgment against Defendants, jointly and severally, for
reasonable attorneys’ fees pursuant to O.C.G.A. § 13-1-11;
(4) tax all costs on Defendant, and
(5) grant such other relief as is just and appropriate.
Respectfully submitted this 2nd day of March, 2023.
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/s/ Jimmy C. Luke, II
Jimmy C. Luke, II
Georgia Bar No. 191817
Martin Bagwell Luke, P.C.
400 Northridge Road, Suite 1225
Atlanta, Georgia 30350
(404) 467-5867
jluke@mbllawfirm.com
Counsel for Plaintiff
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IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA BRC North Springs, LLC, ) ) Plaintiff, ) ) v. ) Civil Action No.: _______________ ) Piedmont United LLC and ) Torez Alli, ) ) Defendant. COMPLAINT COMES NOW Plaintiff and states its Complaint as follows: PARTIES, JURISDICTION, VENUE 1. Defendant Piedmont United LLC (“Defendant Piedmont United”) is a limited liability company organized under the laws of the State of Georgia. Defendant Piedmont United has been administratively dissolved and may be served via its principal: Torez Alli, 2820 Manor Brook Court, Snellville, Georgia 30078. 2. Defendant Torez Alli (“Defendant Alli”) is an individual resident of Georgia. Defendant Alli may be served at his residence: 2820 Manor Brook Court, Snellville, Georgia 30078. 3. This Court has jurisdiction over Defendant, and Gwinnett County is the appropriate venue, as Defendant Alli is a resident of Gwinnett County and Defendants are joint-obligors. 1 1543171.1 4. This Court has jurisdiction over the subject matter of this case, as this case involves a claim of breach of lease and guaranty. FACTS 5. Plaintiff and Defendant Piedmont United are parties to Commercial Lease dated September 26, 2013, as amended by a Lease Amendment and Consent to Assignment dated April 14, 2016, a Lease Amendment and Consent to Assignment dated February 22, 2019, and a Consent to Sub- Lease dated December 1, 2019 (collectively, the “Lease”). 6. Defendant Alli guaranteed Defendant Piedmont’s obligations under the Lease (the “Guaranty”). 7. The Lease and Guaranty are in default for non-payment. 8. As of March 1, 2023, Defendants owe at least $21,802.44 under the Lease and Guaranty. That amount is $7,267.48 unpaid rent for January, February, and March 2023 ($7,267.48 per month). 9. Defendants also owe a 5% late charge for each month of unpaid rent pursuant to Section 7 of the Lease, 18% per annum interest pursuant to Section 29 of the Lease, or reasonable attorneys’ fees pursuant to Section 35 of the Lease. 2 1543171.1 10. Finally, for each month after March 2023 until the expiration of the Lease term October 31, 2023, Defendants will owe an additional $7,267.48 in unpaid rent, plus the 5% late charge, and plus 18% per annum interest. COUNT I – BREACH OF LEASE (DEFENDANT PIEDMONT UNITED) 11. Plaintiff incorporates all prior allegations. 12. The Lease is in default for non-payment. 13. As a result of such default, Plaintiff is entitled to a judgment against Defendant Piedmont United in the amount of $21,802.44 plus a 5% late charge for each month of unpaid rent, plus 18% per annum interest, plus rent accruing April 1, 2023 through the date of judgment (but not exceeding October 31, 2023) at a rate of $7,267.48 per month. COUNT II – BREACH OF GUARANTY (DEFENDANT ALLI) 14. Plaintiff incorporates all prior allegations. 15. The Guaranty is in default for non-payment. 16. As a result of such default, Plaintiff is entitled to a judgment against Defendant Alli in the amount of $21,802.44 plus a 5% late charge for each month of unpaid rent, plus 18% per annum 3 1543171.1 interest, plus rent accruing April 1, 2023 through the date of judgment (but not exceeding October 31, 2023) at a rate of $7,267.48 per month. COUNT III – ATTORNEYS’ FEES PURSUANT TO O.C.G.A. § 13-1-11 (DEFENDANTS) 17. Plaintiff incorporates all prior allegations. 18. Section 35 of the Lease includes an attorneys’ fees provision. Plaintiff intends to enforce that provision. Defendants may avoid liability for such attorneys’ fees by paying the entire accrued but unpaid principal and interest due under the Lease within 10 days of service of this Complaint. 19. Should Defendants fail to pay such amount within 10 days of service of this Complaint, then Plaintiff will be entitled to a judgment against Defendants, jointly and severally, for reasonable attorneys’ fees pursuant to O.C.G.A. § 13-1-11. WHEREFORE, Plaintiffs pray that this Court: (1) pursuant to Count I, enter judgment against Defendant Piedmont United as set forth above, (2) pursuant to Count II, enter judgment against Defendant Alli as set forth above; (3) pursuant to Count III, enter judgment against Defendants, jointly and severally, for reasonable attorneys’ fees pursuant to O.C.G.A. § 13-1-11; (4) tax all costs on Defendant, and (5) grant such other relief as is just and appropriate. Respectfully submitted this 2nd day of March, 2023. 4 1543171.1 /s/ Jimmy C. Luke, II Jimmy C. Luke, II Georgia Bar No. 191817 Martin Bagwell Luke, P.C. 400 Northridge Road, Suite 1225 Atlanta, Georgia 30350 (404) 467-5867 jluke@mbllawfirm.com Counsel for Plaintiff 5 1543171.1