Motion for Change of Venue in SALFA, LLC v LEWIS, VERON N. , et al.| Trellis.Law

On December 11, 2020 a Clerk Notice was filed involving a dispute between Salfa, Llc, and All Other Occupants, Lewis, Veron N., Schaloff, Jocelyn, for (CZ) - General Civil in the District Court of Wayne County.

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THIRD JUDICIAL CIRCUIT OF MICHIGAN
REGISTER 0F ACTIONS
CASE NO. 20-016151-CZ
SALFA, LLC v LEWIS, VERON N. , et al. Location: Civil Division
Judicial Ofﬁcer: Murphy, John A.
mwmmm
Filed on: 12/11/2020
Other Court: 20—3643-LT

CASE INFORMATION

Case Type: (CZ) - General Civil

Case
12/11/2020 Open InactiVe
Status:

DATE CASE ASSIGN M ENT

Current Case Assignment
Case Number 20-0 l 615 l-CZ
Court Civil Division
Date Assigned 12/1 1/2020
Judicial Ofﬁcer Murphy, John A.

PARTY INFORMATION
Lead Attorneys
Plaintiff SALFA, LLC Alawi, Huda M.
Retained
(313) 277-1000(W)

Defendant ALL OTHER OCCUPANTS Ellison, Elizabeth Eleanor
Retained
(734) 287-3664(W)

LEWIS, VERON N. Ellison, Elizabeth Eleanor
Retained
(734) 287-3664(W)

SCHALOFF, JOCELYN Ellison, Elizabeth Eleanor
Retained
(734) 287—3664(W)

DATE EVENTS & ORDERS 0F THE COURT INDEX

12/1 1/2020 Complaint, Filed
TRANSFER FILE FROM 20TH DISTRICT C0 URT (CASE NUMBER 20-3643-L7) ORDER
FOLLOWING HEARING PER JUDGE MARK J. PLA WECKI

12/1 1/2020 Service Review Scheduled

12/1 1/2020 Status Conference Scheduled

12/1 1/2020 Case Filing Fee - Waived (Judicial Ofﬁcer: Murphy, John A. )

FEE TEMPORARILYSUSPENDED PER MCR 4.002(C) (4)

12/1 1/2020 Change of Venuc/Transfer File Received

03/12/2021 Status Conference (Judicial Ofﬁcer: Murphy, John A.)
Resource: Court Rpt/Rcc 10 Maxwell, Kathleen
Resource: Courtroom Clerk C5909 Ross, Katrina

PAGE OF 2 l Printed on 12/1 [/2020 at 2:25 PM
IMAGED
THIRD JUDICIAL CIRCUIT OF MICHIGAN
REGISTER 0F ACTIONS
CASE No. 20-016151-CZ

PAGE 2 OF 2 Printed on 12/1 1/2020 at 2:25 PM
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20TH DISTRICT COURT ._

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R E G I S T E R O F A C T I O N CASE#: 203643LT ._

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C I V I L S Y S T E M ._

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JUDGE/MAGISTRATE: MARK J. PLAWECKI ._

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CIVIL: SUMMARY PROCEEDINGS: XX SMALL CLAIMS: JURY DEMAND: ._

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TYPE OF ACTION: DATE FILED: 08/19/2020 AMOUNT OF CLAIM: ._

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P L A I N T I F F (S) A T T O R N E Y (S) ._

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SALFA NAME: ALAWI HUDA M ._

I 1806 N TELEGRAPH RD ._

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I BAR# P076357 TELEPHONE (313) 277—1000 ._

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D E F E N D A N T (S) A T T O R N E Y (S) ._

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g LEWIS VERON NAME: ELLISON ELIZABETH ELEANOR ._

1 25057 PENNIE ST ._

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DEARBORN HTS, MI 48125 23820 EUREKA ROAD .—

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BAR# P082098 TELEPHONE (734) 287-3664 ._

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SCHALOFF JOCELYN NAME: ELLISON ELIZABETH ELEANOR .—

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25057 PENNIE ST ._

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DEARBORN HTS, MI 48125 23820 EUREKA ROAD ._

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D I S P O S I T I O N I N F O R M A T I O N ._

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I N F O R M A T
F E E S I I O N ._.

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FILING $130.00 JURY _

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TOTAL COST $130.00 DAMAGES INTEREST TOTAL $130.00!

08/31/20 SUMMONS AND COMPLAINT FILED: 08/19/20 BW20
08/31/20 PAPERS TO LIAM O'DONOHUE FOR SERVICE. BW20
08/31/20 HEARING REQ: TYPE HlS DATE 09/08/20 TIME 09:00 AM JUDGE P
08/31/20 ROOM 002 REQUESTED 08/31/20 NOTICED 08/31/20
08/31/20 HRNG DESC: HRNG SET FOR NON PMT & SUPPLEMENTAL JGMN BW20
08/31/20 P1 ASSIGNED ATTORNEY#: 76357 BW20
08/31/20 APPLIED FILING FEES $130.00 BW20
08/31/20 MARK J. PLAWECKI BW20
08/31/20 USERID: 20DW BW20
08/31/20 REGISTER OF ACTION PRINTED POST
09/03/20 CVLF($23): $23.00 01A
09/03/20 CVLS($42): $42.00 01A
09/03/20 PCVLF ($17): $17.00 01A
09/03/20 PCVLS ($28): $28.00 01A
CASE# 203643LT 1 20TH DISTRICT COURT IMAGED
09/03/20 PAYMENT TRACER NMBR.: 20200903145034 01A
09/03/20 CIVIL FEES ENTERED TODAY: $130.00 01A
09/08/20 Dl ST 09/01/20 SERVICE BY TACKING BW20
09/08/20 D2 ST 09/01/20 SERVICE BY TACKING BW20
09/08/20 USERID: 20DW BW20
09/11/20 DATE OF HEARING: 09/15/20 TIME 09:00 AM
09/11/20 RM: 002 REQ: 09/11/20 NTCE: 09/11/20 JUDGE: P
09/11/20 HRNG TYPE: HRNG SET FOR NON PMT & SUPPLEMENTAL JGMN BW20
09/11/20 USERID: 20DW BW20
09/11/20 DATE OF HEARING: 09/15/20 TIME 09:00 AM
09/11/20 RM: 002 REQ: 09/11/20 NTCE: NONE JUDGE: P
09/11/20 HRNG TYPE: HRNG SET FOR NON PMT & SUPPLEMENTAL JGMN BW20
09/11/20 USERID: 20DW BW20
09/11/20 DATE HRNG NOTICE PRINTED: 09/11/2020
09/11/20 HRNG TYPE: HRNG SET FOR NON PMT & SUPPLEMENTAL JGMN
09/15/20 D1 P 09/15/20 APPEARANCE DATE BW20
09/15/20 USERID: 20DW BW20
09/15/20 D2 P 09/15/20 APPEARANCE DATE BW20
09/15/20 USERID: 20DW BW20
09/15/20 LT HRG 2: ADJ ONE WEEK TO 09/22/20 9:00AM
09/15/20 DATE OF HEARING: 09/22/20 TIME 09:00 AM
09/15/20 RM: 002 REQ: 09/15/20 NTCE: 09/15/20 JUDGE: P
09/15/20 HRNG TYPE: LANDLORD TENNANT BW20
09/15/20 USERID: 20DW BW20
09/16/20 REC'D D ATTY PARTICPATION FOR 09/22/20 HRG VIA EMAIL.
09/21/20 REC'D CITIZENS BANK OFFICIAL CHECK #516291725-5, IN
THE AMOUNT OF $6,000.00, FOR ESCROW IN THIS CASE
09/21/20 CIVIL ESCROW POSTED 01A
09/21/20 CIVIL ESCROW AMOUNT POSTED: $6,000.00 01A
09/21/20 PAYMENT TRACER NMBR.: 20200921154054 01A
09/21/20 D1 AC 09/21/20 ANSWER & COUNTER CLAIM FILED B320
MOTION & BRIEF FOR REMOVAL TO CIRCUIT COURT
($20 MOTION FEE SUBMITTED; $50 JURY FEE NOT SUBMITTED)
09/21/20 USERID: 2OMLA B320
09/22/20 DATE OF HEARING: 09/29/20 TIME 10:50 AM
09/22/20 RM: 002 REQ: 09/22/20 NTCE: 09/22/20 JUDGE: P
09/22/20 HRNG TYPE: HRNG SET FOR NON PMT & SUPPLEMENTAL JGMN B320
& MOTION FOR REMOVAL TO CIRCUIT COURT
09/22/20 USERID: ZOMLA B320
09/22/20 CIVIL MOTION ($20): $20.00 01A
09/22/20 PAYMENT TRACER NMBR.: 20200922133537 01A
09/22/20 CIVIL FEES ENTERED TODAY: $20.00 01A
09/29/20 REPLY TO D'S MOTION TO REMOVE
09/30/20 ORDER AFTER 9/29/20 HEARING
10/09/20 CORRECTED ORDER
11/09/20 NOTICE OF ENTRY UNDER SEVEN DAY RULE
11/17/20 ORDER TRANSFERING TO CC
11/17/20 DISPOSITIONED ON: 11/17/20 TR B320
11/17/20 TR CASE TRANSFERRED B320
11/17/20 USERID: 20MLA B320
11/17/20 ROA = REGISTER OF ACTION FORM REQUESTED B320
11/17/20 USERID: 20MLA B320

CASE# 203643LT LAST PAGE 20TH DISTRICT COURT
IMAGED
STATE OF MICHIGAN
IN THE 20‘“ DISTRICT COURT

SALFA, LLC File No: 20-3643-LTP

Plaintiff/Counter—Defendant,
v.

VERON N. LEWIS, JOCELYN SCHALOFF, AND '

ALL OCCUPANTS RECE' VED
NOV 0 9 2020
Defendants/Counter-Plaintiffs.
4 20m '

D iStn'ct Cou -

33mm" Heights. Micﬁigm

ALAWI LAW PC
HUDA M. ALAWI (P76357)
Attorney for Plaintiff/ Counter—Defendant
1806 Telegraph Rd.
Dearborn, MI 48 128
313-277-1000

Law Ofﬁces of Aaron D. Cox, PLLC
Aaron D. Cox (P69346)
Elizabeth E. Ellison (P82098)
Attorneys for Defendants/Counter-Plaintiffs
23380 Goddard Rd.
Taylor,MI 481 80
734-287-3664
aaron@aar0ncoxlaw.com
elizabeth@aaroncoxlaw.com

ORDER FOLLOWING HEARING
At a session 0f court held in 20‘“ District Court
In Michigan on September 29, 2020,
Before the Honorable Mark J. Plawecki
District Court Judge

This matter having come before the court upon Defendants/Counter Plaintiffs’ Motion for

Removal to Circuit Court pursuant to MCR 4.201 (G)(2)(b), Plaintiff’s Motion being placed on the

record, Plaintiff/Counter Defendant and Defendants/Counter Plaintiffs both being represented
by

IMAGED
counsel, the Court hearing oral argument, and the Court being fully advised on the premises; Now
Therefore;

IT IS HEREBY ORDERED Defendants/Counter Plaintiffs’ Motion for Removal
to Circuit Court pursuant to MCR 4.201(G)(2)(b) is hereby GRANTED. The
PlaintifﬂCounter Defendant’s complaint for damages and the Defendants/Counter

Plaintiffs’ counter complaint for damages shall be transferred to Circuit Court.

IT IS HEREBY ORDERED Defendants/Counter Plaintiffs shall be responsible for the
Circuit Court ﬁling fee and the jury demand fee pursuant to MCR 4.002(D)(1).
IT IS SO ORDERED.

Dated:
Nov 1 7 2020
524W
District Coﬂ Judge

Prepared By:
The Law Ofﬁces of Aaron D. Cox, PLLC
By: Elizabeth E. Ellison (P82098)
23380 Goddard Rd.
Taylor, MI 48180
(734) 287-3664

IMAGED
STATE OF MICHIGAN
IN THE 20m DISTRICT COURT

SALFA, LLC File No: 20-3643-LTP
Honorable Mark J. Plawecki
Plaintiff/Counter—Defendant,
v.

VERON N. LEWIS, JOCELYN SCHALOFF, AND
ALL OCCUPANTS

Defendants/Counter-Plaintiffs.

ALAWI LAW PC LAW OFFICES OF AARON D. COX, PLLg
HUDA M. ALAWI (P76357) Aaron D. Cox (P69346)
C2:
Attorney for Plaintiff/ Elizabeth E. Ellison (P82098) M4
Counter-Defendant Attorneys for Defendants/ L‘o
1806 Telegraph Rd. Counter-Plaintiff .9
Dearborn, MI 48128 23380 Goddard Rd. 1
313-277-1000 Taylor, MI 48180 ‘3’

734-287-3664
aaron@aaroncox1aw.com
g
elizabeth@aaroncoxlaw.com
\

NOTICE OF ENTRY OF ORDER UNDER SEVEN DAY

The attached order is being served on all parties of record in this case. On the date below, the
order was ﬁled with the court clerk pursuant to MCR 2.602(B)(3). You are required to ﬁle
written objections t0 the entry 0f this order within seven days 0f the date of service of this notice.
If no obj actions are ﬁled, the judge shall sign the order if, in the court’s determination, it
comports with the court’s decision.

Law Ofﬁces of Aaron D. Cox, PLLC

Dated: November 6, 2020 /s/ Elizabeth E. Ellison, Esq.
Elizabeth E. Ellison (P82098)
Attorney for Defendants/Counter—Plaintiffs

IMAGED
x

Proof of Service

The undersigned attorney on the date reﬂected below she caused to be served a
states that
copy of Order Following Hearing under Seven Day and a copy of the judgment to be served on
Defendant at the address listed above by ﬁrst-class mail.

Respectfully submitted:

Dated: November 6, 2020 /S/ Elizabeth E. Ellison, Esg;
By: Elizabeth E. Ellison (P82098)
Law Ofﬁces of Aaron D. Cox, PLLC

IMAGED
STATE OF MICHIGAN
IN THE 20"“ DISTRICT COURT

SALFA, LLC File No: 20-3643-LTP

v.
Plaintiff/Counter-Defendant, ‘—
MOTION
g.
a
m
VERON N. LEWIS, JOCELYN SCHALOFF, AND £3
ALL OCCUPANTS N
"1°
Defendants/Counter—Plaintiffs.

‘19
/
613

ALAWI LAW PC
HUDA M. ALAWI (P76357)
Attorney for Plaintiff/ Counter-Defendant
1806 Telegraph Rd.
Dearbom, MI 48128
313-277-1000

Law Ofﬁces of Aaron D. Cox, PLLC
Aaron D. Cox (P69346)
Elizabeth E. Ellison (P82098)
Attorneys for Defendants/Counter—Plaintiffs
23380 Goddard Rd.
Taylor, MI 48 1 80
734-287-3664
aaron@aaroncoxlaw.com
elizabeth@aaroncoxlaw.com

DEFENDANT’S MOTION & BRIEF FOR REMOVAL TO CIRCUIT COURT

NOW COMES the Defendants, Veron N. Lewis and Jocelyn Schaloff, by and through its

attorneys, The Law Ofﬁces of Aaron D. Cox, PLLC, and states in support of its motion as

follows:

1. Plaintiff and Defendants are involved in a landlord-tenant dispute.

2. Defendants have asserted Counterclaims in that matter exceeding $25,000.00.

IMAGED
V

3. Defendants Counterclaims bear directly on the determination of whether Defendants owe

any money at all to Plaintiff in this case in order to retain possession of the subj ect

property.

4. This court’s subject matter jurisdiction is limited to claims and controversies not

exceeding $25,000.00. See MCL 600.8301.

5. MCR 4.201 (G) (2) (b) states as follows (emphasis added):

If a money claim or counterclaim exceeding the court's jurisdiction
is introduced, the court, on motion of either party or on its own
initiative, shall order, in accordance with the procedures in MCR
4.002, removal of that portion of the action to the circuit court, if
the money claim or counterclaim is sufﬁciently shown to exceed
the court's jurisdictional limit.

6. Defendants counter claims in this matter exceed this court’s jurisdiction.

7. The Court Rules mandate the removal of this matter to the Wayne County Circuit Court.

FOR THESE REASONS, Defendants, Veron N. Lewis and Jocelyn Schaloff

respectfully requests that this court enter an order removing this matter to the Wayne County

Circuit Court.

Respectfully submitted:
Dated: September 21, 2020

/S/ Elizabeth E. Ellison Esg.
By: Elizabeth E. Ellison (P82098)
Law Ofﬁces of Aaron D. Cox, PLLC
Attorney for the Defendants/Counter-
Plaintiffs

2
The undersigned certiﬁes that a copy of the foregoing instrument was served upon the attorneys of record
herein
of all parties to the above cause at their respective addresses as disclosed by the pleadings of record
the date and time set forth in the MIFILE electronic ﬁling and service system or by email.
on

/S/ Elizabeth E. Ellison
Elizabeth E. Ellison, Esq.

IMAGED
STATE OF MICHIGAN
1N THE 20th DISTRICT COURT N
g
M
SALFA, LLC File No: 20-3643-LTP E3
N
Plaimiff/Counter-Defendant, ANSWER _:
v. I
AFFIRMATIVE DEFENSE»;
VERON N. LEWIS, JOCELYN SCHALOFF, AND g
ALL OCCUPANTS COUNTER-COMPLAINT
Defendants/Counter—Plaintiffs.
JURY DEMAND

ALAWI LAW PC
HUDA M. ALAWI (P76357)
Attorney for P1aintiff/Counter-Defendant
1806 Telegraph Rd.
Dearbom, MI 48128
3 13-277-1000

Law Ofﬁces of Aaron D. Cox, PLLC
Aaron D. Cox (P69346)
Elizabeth E. Ellison (P82098)
Attorneys for Defendants/Counter-Plaintiffs
23380 Goddard Rd.
Taylor, MI 48 1 80
734-287-3664
aaron@aaroncoxlaw.com
elizabeth@aaroncoxlaw.com

DEFENDANTS’ ANSWER T0 COMPLAINT

NOW COMES the Defendants, Veron N. Lewis and Jocelyn Schaloff, by and through its

attorneys, The Law Ofﬁces of Aaron D. Cox, PLLC, and states in answer to the Plaintiff’s

Complaint as follows:

1. Admitted that there is no pending or resolved actions between these parties.

2. Denied, Defendant has not received a copy of any lease alleged to have been attached to

the Complaint.

IMAGED
'as
Defendant can neither admit nor deny the allegation it is without sufﬁcient information

upon which to form a belief and therefore leaves Plaintiff to its proofs.

Admitted.

Defendant denies the allegation as set forth herein as it is false. As more fully set forth in

Defendant’s counter-complaint Defendant is entitled to recover from Plaintiff herein set-

offs and other damages in excess of $25,000.00. The adjudication of these counter—claims

directly affect the amount of monies claimed by Plaintiff. Moreover, there are issues with

the water meter and the City has been attempting to contact the owner to replace the

water meter as it is faulty and the owner has not responded per the water department.

No response required as no allegation plead.

Defendant denies the allegation as false for those reasons set forth in in its Counter—

Complaint that is attached.

Defendant denies the allegation as false for those reasons set forth in in its Counter-

Complaint that is attached.

Defendant denies that Plaintiff is entitled to the relief requested for the reasons set forth

in its attached Counter—Complaint.

10. Defendant denies that Plaintiff is entitled to the relief requested for the reasons set forth

in its attached Counter-Complaint and also because Plaintiff has failed to include a rental

amount.

FOR THESE REASONS, Defendant respectfully requests that this court dismiss

Plaintiff’s Complaint and award them costs and attorney’s fees.

Respectfully submitted:
Dated: September l9, 2020

/S/ Elizabeth E. Ellison, Esg.

IMAGED
’By: Eli'zabeth E. Ellison
(P82098)
Law Ofﬁces of Aaron D. Cox, PLLC
Attorney for the Defendants

AFFIRMATIVE DEFENSES

NOW COMES the Defendants, Veron N. Lewis and Jocelyn Schaloff, by and through its

attorneys, The Law Ofﬁces of Aaron D. Cox, PLLC, and states in Afﬁrmative Defense to the

Plaintiff’s Complaint as follows:

1. Plaintiff has materially breached its obligation and duty to Defendants for failing to make

reasonable repairs on the property. These breaches include but are not limited to:

a. Infestation of rodents living under the home;

b. Structural issues in the exterior of the home that allow rodents access;

c. Chronically leaking roof that caused water damage to property;

d. Presence of mold due to multiple unrepaired leaks;

e. Electrical issues;

f. Issues with the HVAC system and ventilation that caused health issues;
g. Leaking pipes in the laundry room that cause ﬂooding; and

h. Unsafe backyard conditions due to improper tree removal by Plaintiff.

2. Plaintiff has failed to state a claim upon which relief can be granted.

3. Plaintiff‘s claims are barred by the equitable doctrines of estoppel and unclean hands.

4. Plaintiff’s claims are barred to the extent they are subject to offset.

FOR THESE REASONS, Defendant respectfully requests that this court dismiss

Plaintiff’s complaint with prejudice and award Defendants such costs and attomey’s fees so

wrongfully incurred in defending this action.

Respectfully submitted:
Dated: September l9, 2020

IMAGED
/S/ Elizabeth E. Ellison, Esg.
By: Elizabeth E. Ellison (P82098)
Law Ofﬁces of Aaron D. Cox, PLLC
Attorney for the Defendants

COUNTER-COMPLAINT

NOW COMES the Defendants/ Counter-Plaintiffs, Veron N. Lewis and Jocelyn Schaloff,
by and through their attorneys, The Law Ofﬁces of Aaron D. Cox, PLLC, and states in their

Counter-Complaint against Salfa, LLC as follows:

1. Salfa, LLC is a Michigan limited liability company with a registered ofﬁce

address of 1806 N. Telegraph Rd., Dearborn, MI 48128.

2. Veron N. Lewis and Jocelyn Schaloff ("Defendants/Counter-Plaintiffs") are

individuals residing in Wayne County, Michigan.

3. The acts and events that give rise to this cause of action took place in Wayne

County, Michigan.

4. The amount in controversy exceeds $25,000.00 exclusive of costs, interest, and

attorney’s fees.

5. Jurisdiction and venue are otherwise proper in this court.

6. Defendants/Counter-Plaintiffs are tenants of the real property commonly known

as 25057 Pennie St. Dearbom Heights, MI 48125 (the “Property”).

7. The Property is a single—family home.

8. Defendants/Counter—Plaintiffs rented the Property from Plaintiff/Counter-

Defendant in January of 2019.

9. A11 parties are in possession of the lease agreement between the parties.

10. Defendants/Counter-Plaintiffs had made payments on the contract as agreed upon

by the terms of the agreement, but the Plaintiff/Counter-Defendant has failed to

IMAGED
maintain the property, therefore they Iplaced t'heir rent in an escrow account in

their bank.

11. There have been numerous habitability issues with the property, including, but

not limited to:

a. Infestation of rodents living under the home;

b. Structural issues in the exterior of the home that allow rodents access;

c. Chronically leaking roof that caused water damage to property;

d. Presence of mold due to multiple unrepaired leaks;

e. Electrical issues;

f. Issues with the HVAC system and ventilation that caused health issues;

g. Leaking pipes in the laundry room that cause ﬂooding; and

h. Unsafe backyard conditions due to improper tree removal by

Plaintiff/Counter-Defendant.

12. Defendants/Counter—Plaintiffs have advised Plaintiff/Counter—Defendant on

multiple occasions of the issues with the habitability of the home.

13. In January 2019, Defendants/Counter—Plaintiffs had a heating and cooling

company come and check on the ventilation system in the home in response to

their youngest son ending up in the hospital with a chronic cough.

14. Pollard Heating and Cooling came out and advised that the duct work had been

damaged by the possums that were living beneath the home and the heating ducts

were disconnected in 2 bedrooms (Exhibit A).

15. Defendants/Counter-Plaintiffs forwarded the quote to Plaintiff/Counter-Defendant

who said he would get it taken care of.

IMAGED
16. It was not repaired and the issue remains unr'epaired to this day (Exhibit B).

l7. P1aintiff/Counter—Defendant has made some failed repair efforts at the property

which have made the situation worse and/or failed to resolve the problems with

the structure of the property and the roof among other issues.

18. At the beginning of the landlord-tenant relationship, Defendants/Counter—

Plaintiffs were making all payments according to the contract, however as things

were continuously going wrong with the home, they advised the

Plaintiff/Counter-Defendant that they were not going to make payments until the

property was safe and habitable.

19. Defendants/Counter—Plaintiffs have placed their monthly rent into a separate

account at the bank after they put Plaintiff/Counter-Defendant on notice that they

were not paying rent until the home was habitable.

20. Plaintiff/Counter-Defendant has still failed to make repairs to the property and

there are still persistent issues with a leaking roof, water in the home, holes in the

foundation of the home, and home ventilation issues.

21. The situation is getting worse as there is now mold present in the home due to the

lack of adequate repair on the part of Plaintiff/Counter-Defendants.

22. The Defendants/Counter-Plaintiffs had the home evaluated for mold and elevated

levels of mold were found in the home and mold remediation was recommended

(Exhibit C).

23. The mold remediation company advised that the type of mold that is located in

the home is extremely unsafe for children under 5, and people with breathing

problems.

IMAGED
24. Defendants/Counter-Plaintiffs have small ch.i1dren under 5, and a child with

breathing conditions that had to be hospitalized with chronic respiratory issues.

25. Due to the Plaintiff/Counter-Defendant’s 'failure to maintain the proper in a safe

and habitable condition, Defendants/Counter-Plaintiffs have suffered damages.

COUNT I — BREACH OF CONTRACT
26. Defendants/Counter-Plaintiffs incorporate by reference the allegations set forth

above and relies on them as though fully restated here.

27. The parties entered into a lease agreement to provide quiet enjoyment of a

properly maintained rental unit.

28. Plaintiff/Counter-Defendant has breached the contract by failing to provide the

properly maintained rental unit that was contracted for, nor the quiet enjoyment

that was contracted for.

29. Plaintiff/Counter-Defendant has breached the contract by failing to make the

necessary repairs such as:

a. Infestation of rodents living under the home;

b. Structural issues in the exterior of the home that allow rodents access;

c. Chronically leaking roof that caused water damage to property;

d. Presence of mold due to multiple unrepaired leaks;

e. Electrical issues;

f. Issues with the HVAC system and ventilation that caused health issues;

g. Leaking pipes in the laundry room that cause ﬂooding; and

h. Unsafe backyard conditions due to improper tree removal by

Plaintiff/Counter—Defendant.

IMAGED
30. As a result of Plaintiff/Counter-Defendant’s IIJreach, Defendants/Counter-

Plaintiffs have suffered health issues due to the improper ventilation in the home,

loss of possessions due to water damage, the intentional damage to their personal

belongings, and failing to provide the use and quiet enjoyment of the property at

all times.

31. Defendants/Counter—Plaintiffs have incurred damages in excess of $25,000.00 due

to Plaintiff/Counter-Defendants breaches as set forth above.

COUNT II — NEGLIGENCE

32. Defendants/Counter-Plaintiffs incorporate by reference the allegations set forth

above and relies on them as though fully restated here.

33. Plaintiff/Counter-Defendant has a duty to keep the premises in reasonable repair

dun'ng the term of the Defendants/Counter-Plaintiffs lease, and to comply with

the applicable health and safety laws of the State and Local Government.

34. Plaintiff/Counter—Defendant has taken on the duty of making partial corrective

repairs to the rental property, by attempting to board up the foundation of the

home where rodents have been entering and living beneath the home.

35. The P1aintiff/Counter-Defendant failed to fully secure the entire foundation of the

home and rodents have just found new places t0 enter into the home.

36. The rodents have caused the ventilation system to be destroyed to the point where

the cool air and heat are venting outside and allowing rodents direct access into

the home.

IMAGED
37. The air quality has directly been affec'ted by £he home’s ventilation issues to the

point where their small child has to take a breathing treatment per the doctors

order due t0 the ventilation issues.

38. Moreover, there is chronically water present on the surface of the furnace and

water heater due to the improper ventilation in the home (Exhibit D).

39. Plaintiff/Counter-Defendant has also taken on the duty of attempting to ﬁx the

leaking roof by doing a shoddy patch work where tar is placed on the roof to

repair holes that cause water to enter the home (Exhibit D).

40. The roof has leaked so much that a hole has formed in the comer of the kitchen

even after the “repairs” have taken place.

41. There is also leaking in the laundry room due to the improper installation of the

draining of the fumace.

42. Plaintiff/Counter-Defendant had an unlicensed contractor come and remove a tree

from the back yard and in the process destroyed Defendants/Counter-Plaintiffs

gazebo, patio furniture, pool, and hanging tent.

43. The actions taken by Plaintiff/Counter-Defendant or the people he has hired to

complete the repairs were done defectively and in an improper fashion.

44. The work done by the P1aintiff/Counter-Defendant made the situation worse and

more dangerous to Defendants/Counter—Plaintiffs children’s health.

45. The Plaintiff/Counter-Defendant has breached its duty to keep the home in

reasonable repair.

IMAGED
46. As a direct and proximate cause of P1aintiff/éounter-Defendant’s actions,

Defendants/Counter-Plaintiffs have suffered damages in an amount exceeding

$25,000.00.

COUNT III- VIOLATION OF MICHIGAN CONSUMER PROTECTION ACT
47. Defendants/Counter—Plaintiffs incorporate by reference the allegations set forth

above and relies on them as though fully restated here.

48. Plaintiff/Counter—Defendant is a provider of rental property which falls under the

good/services provision of the Michigan Consumer Protection Act.

49. Plaintiff/Counter-Defendant and its agents used deceptive representations, trade

practices, and promises within its scope of its business relationship with the

Defendants/Counter-Plaintiffs.

50. Plaintiff/Counter-Defendant made promises to repair ongoing maintenance issues

with the property and to complete those repairs so the premises would be

;

habitable and safe for Defendants/Counter—Plaintiffs’ family.

5 l. Defendants/Counter-Plaintiffs were paying rent throughout their tenancy even

when repairs were not being completed.

52. P1aintiff/Counter—Defendant made repair promises to Defendants/Counter-

Plaintiffs to induce them to continue making rental payments and remain in the

property, even though Plaintiff/Counter-Defendant had no intention of fully

repairing all the ongoing maintenance issues within the home.

53. As a result, Defendants/Counter-Plaintiffs made rental payments that should have

i
been excused in whole or in part due to the habitability of the home.

IMAGED
54. Defendants/Counter-Plaintiffs have suffered damages as a result of

Plaintiff/Counter-Defendant’s deception and seek actual damages plus attomey’s

fees.

FOR THESE REASONS, Defendants/Counter—Plaintiffs, Veron N. Lewis and Jocelyn

Schaloff, respectfully

Case Info

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John A. Murphy Track Judge’s New Case

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Document Filed Date

December 11, 2020

Case Filing Date

December 11, 2020

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Clerk Notice: SALFA, LLC v LEWIS, VERON N. , et al.

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