Daily Legal News - Common Pleas Notices

  • LEGAL NOTICE

    919224—Nancy Ralls, et al. vs. Refab Renovation Development, LLC aka Refab Design and Renovations, LLC, et al.

    Sreyleak Ny, whose last known place of residence and present place of residence are unknown, will take notice that on August 2, 2019, the undersigned, Nancy Ralls, Individually and on behalf of 2222 International, L.L.C., and Jason Ralls, Individually and on behalf of 2222 International, L.L.C., filed their complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that the subject Mechanic's Lien is completely fraudulent, and the product of self-dealing and breach of fiduciary duty by Appellees; that further, there is no legitimate debt supporting the Mechanic's Lien; that Plaintiffs are entitled to a declaration that the Mechanic's Lien filed by Refab and the Ny Group is fraudulent and void, and canceling said lien of records; that Plaintiffs further allege that an actual controversy exists over the validity of the Mechanic's Lien and a declaration is necessary to terminate the controversy; that no demand has been made upon 2222 or any of the other Defendants to institute an action in the premises by reason of the fact that the claim is being asserted against the other Defendant members and therefore such request would be futile.

    As a direct and proximate result of Defendants' wrongful utilization of all or a portion of Plaintiff's interest in the income of 2222 for renovations to the W. 64th St. property, Plaintiffs are entitled to an Order of this Court pursuant to Ohio Common Law imposing an equitable lien upon the W. 64th Street property for the benefit of Plaintiffs.

    Wherefore, Plaintiffs Nancy Ralls and Jason Ralls, demand Judgment on their Complaint as follows:

    For an order quieting title to the St. Clair property against the Refab Mechanic's Lien and declaring such lien fraudulent and void, and discharging said lien of record; declaring an equitable lien and constructive trust in favor of Plaintiffs on the W. 64th St. Property for the amount of monies converted into that property by Defendant Ny; directing that a Receiver be appointed by this Court to take control of the W. 64th Street property to receive any proceeds of sale to hold them pending the disposition of this case; and further permanently enjoining Defendants, their agents, attorneys, servants, or other persons acting in concert with them, from selling, encumbering, transferring or attempting to sell, encumber or transfer the W. 64th Street property, prior to final disposition of the within action; and

    For a judgment in favor of Plaintiffs, Nancy Ralls and Jason Ralls, and against Defendants Refab Renovation Development, LLC aka Refab Design and Renovations, LLC and Sreyleak Ny, jointly and severally, for compensatory damages in excess of $25,000.00, with prejudgment interest, and appropriate punitive damages.

    For the reasonable attorney's fees incurred by Plaintiffs in bringing and prosecuting this action; and

    For the costs of the within action; and

    For any other relief that Plaintiffs may be entitled to receive at law or in equity.

    The defendant named above is required to answer on or before the 19th day of November, 2019.

    Nancy Ralls, Individually and on behalf of 2222 International, L.L.C., and Jason Ralls, Individually and on behalf of 2222 International, L.L.C.

    By Harold Pollock, Attorney for Plaintiff.

    Sep17-24Oct1-8-15-22, 2019

About your information and the public record.

Property Details (from Cuyahoga County Auditors Office)

Owner
 
Class
Road Type
PV 
Water
MUN 
Gas
Sewer
SNS 
Electricity
1 Bedroom
2 Bedroom
3 Bedroom
More Bedroom
Efficiencies
Units of Ref.
Zoning Code
SI 
Zoning Use
IND- 
Tax Disrtict
30 
Use Area
6750 
Tax Abatement
 
Tax Description
CAFETERIA 
Neighborhood
25086 
Total Buildings
Acreage
0.49200 
Land Use
PRIMARY 
Legal Depth
140.00 
Legal Frontage
153.00 
Average Depth
Lot Square Ft.
21432 
Lot Shape
RT 
Topography
LV 

Building Information

AC Percent
0
Average Unit Size
0
Basement Type
SLB
Canopy
0
Condition
G
Construction Class
C
Date Built
1992
Effective Age
1996
Exterior Walls
CB
Floor Area
7218
Freezer/Cooler
0
Freight Elevator
0
Heat Type
FHA
Mezzinine Area
0
Night Deposit
0
Bathroooms
0
Living Units
0
Single Fixtures
0
Toilet Rooms
2
Total Fixtures
5
Office Area
0
Passenger Elevator
0
Retail Area
0
Sprinkler
N
Total Story Height
1
Wall Height
15

Building Use

Area
7218
Use Description
RESTAURANT
Description
1ST