Daily Legal News - Common Pleas Notices
937466—Zahran H. Al-Qadan, et al. vs. Mohammed S. Alahmad, et al.
Mohammed S. Alahmad a/k/a Mohammed S. Odat, whose last known place of residence is 18504 Homeway Avenue, Cleveland, Ohio 44135, otherwise whose place of residence is unknown; Amer Odat a/k/a Amer Alahmad, whose last known place of residence is 23862 Cornwell Drive, Westlake, Ohio 44145, otherwise whose place of residence is unknown, will take notice that on April 12, 2021, the undersigned, Zahran H. Al-Qadan and Quincy Gas, Inc., filed their first amended complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that Plaintiffs and Alahmad entered into the Lease, Alternatively, Plaintiffs and 3939 Community entered into the Lease; that Plaintiffs have performed their obligations under the Lease; that Alahmad, Odat and 3939 Community failed and continue to fail to perform their obligations under the Lease; that in particular, Alahmad, Odat and 3939 Community breached the Lease in two ways: (a) failing to convey a leasehold interest in the Property and (b) failing to honor Plaintiff's option to purchase the Property.
Under the Lease, Alahmad and 3939 Community gave Plaintiffs an option to purchase the Property for $630,000; that Plaintiffs have since attempted to exercise this option, but Alahmad, Odat and 3939 Community refuse, without any legal excuse, to allow Plaintiffs to do so; that Plaintiffs are entitled to an order from this Court requiring Alahmad, Odat and 3939 Community to allow Plaintiffs to purchase the Property for $630,000.
Before Plaintiff entered into the Lease, Alahmad, individually and on behalf of 3939 Community, represented to Plaintiff that he owned the Property; that Plaintiff reasonably relied on this representation; that the representation was not true, and Alahmad knew it was not true; that Plaintiff relied on Alahmad's representation to his detriment; that Plaintiff suffered damages as a result of Alahmad's and 3939 Community's misrepresentations.
Alahmad is identified as the "Lessor" in the Lease, but he executed the lease as president of 3939 Community; that Alahmad has informed Plaintiffs that he sold his interest in the Property to Odat; that there is thus an actual and justiciable controversy involving who is the lessor under the Lease Agreement; that the Court should issue a declaration determining who is the lessor under the Lease Agreement.
Ohio Revised Code Section 5303.01 provides that a person or entity that possesses a property interest may maintain a quiet title action; that the action may be brought against any party who claims an interest in the property; that an equitable estoppel claim likewise is brought to terminate any interests claimed by another party; that Plaintiffs possess a property interest in the Property under the Lease; that Defendants Alahmad, Odat, 3939 Community, Ibrahim, Alsalahi, BWC, DOT and Longwood may claim an interest in the Property; that Plaintiffs bring this action to quiet title and terminate any interest that Longwood may have in the Property because it transferred equitable title to the Property to either Alahmad or 3939 Community under the Deed; that Plaintiff further seeks to quiet title as to any interest that Ibrahim, Alsalahi, Alahmad and 3939 Community may have in the Property because Plaintiffs seek to exercise their option to purchase the Property.
Defendants BWC, ODJFS and DOT has or may claim to have some right, title, or interest in the Property by virtue of their liens against Longwood and should be required to answer setting up their interest in the Property, if any.
Wherefore, Plaintiffs Zahran Al-Qadan and Quincy Gas, Inc., respectfully requests the Court enter judgment in their favor and grant the following relief:
a. As to Count I—for damages against Alahmad, Odat and 3939 Community in excess of $25,000, together with punitive damages, all statutorily available remedies, attorneys' fees, costs of action, together with interest, and any other relief the Court finds just and equitable;
b. As to Count II—for an Order requiring Alahmad, Odat and 3939 Community to perform under the Lease Agreement, namely, to allow Plaintiff or his designee to exercise their right to purchase the Property;
c. As to Count III—for damages against Alahmad and 3939 Community in excess of $25,000, together with punitive damages, all statutorily available remedies, attorneys' fees, costs of the action, together with interest, and any other relief the Court finds just and equitable;
d. As to Count IV—for an Order declaring who is the lessor under the Lease Agreement;
e. As to Count V—for an Order quieting title and finding that Plaintiff—after they exercise their right to purchase the Property—is the titled owner of the Property; and
f. such other and further relief as the Court may deem just and proper.
The defendants named above their required to answer on or before the 23rd day of August, 2021.
Zahran H. Al-Qadan and Quincy Gas, Inc.
By Charles A. Nemer and Nicholas R. Oleski, Attorneys for Plaintiffs.