[caption] COMPLAINT FOR DAMAGES ____, by her attorney, _ of Land of Lincoln Legal Assistance Foundation, Inc., files this Complaint against Defendants, __ and ___, for trespass, conversion, intentional infliction of emotional distress, punitive damages, and consumer fraud because of Defendants' wrongful, unlawful, unauthorized, intentional, and malicious termination of Plaintiff's electrical service, refusal to restore electrical service, failure to provide electrical service, confiscation of Plaintiffs personal property, changing of her locks, and towing of a car all of which caused injuries to the Plaintiff and which should result in punitive damages to punish and deter the Defendants from engaging in this conduct in the future. In support of this Complaint, Plaintiff states as follows: COUNT I Trespass 1. Plaintiff, __(hereafter __), currently resides with her four children in ___. 2. Defendant, ___, is an Illinois corporation with its principal place of business in __ County at the address of ___. 3. Defendant, ___, is the president, secretary, sole director, and the duly authorized registered agent of __ and is doing business under the name of ___. 4. At all times relevant hereto, Defendants were engaged in the business of renting housing for residential use. 5. At all times relevant hereto, Defendants owned, controlled, and managed the house and property located at __, (hereafter “___"). 6. On __, __ and Defendants signed a Lease Agreement (hereafter "Lease") and Lease Addendum (hereafter "Addendum") for ___'s Home. The Addendum contained the following provision: "The landlord may evict the tenant from the unit only by instituting a court action." See paragraph (H) (3). Copies of the Lease and Addendum are attached and incorporated herein as Complaint Exhibits 1 and 2 respectively. 7. On or about __, __ and her four children began residing in __'s Home. 8. From __, through and including ___, _ had exclusive possession and occupancy of ___'s Home. 9. ___ has been informed and believes that on or about __, Defendants caused the contents of the circuit breaker box to be removed from __'s Home, thus terminating __'s electrical service to her and her home and exposing her and her family to live dangerous electricity. 10. On ____, _ made several telephone calls to the Defendants' office reporting the termination of her electrical service and demanding that service be restored. 11. Between____, and ___, ___ made additional calls to the Defendants' office seeking to have her electrical service restored. 12. On ___, ____ went directly to Defendants' office and requested that electrical service be restored. 13. Defendant did not restore the electrical service at any time after ___'s requests. 14. on or about __, ___ contacted the __ of the City of ___ government (hereafter "___") and complained about her lack of electrical service. 15. on ___, __'s Home was inspected by Code Enforcement, and it was determined that it was unfit for human habitation due to the lack of electrical service. 16. ____ has been informed and believes that on __, at ___, an officer of the __office personally served on Defendants a Notice of Violation of the City Code. This Notice ordered Defendants to correct the violation of the City Code and restore electrical service to ___'s Home by __ that same day. This Notice is attached and incorporated herein as Complaint Exhibit 3. 17. On ___, at approximately ___, an automobile owned by __, who was ____'s friend and visitor on that day, was towed from __'s Home premises by ___ Towing of ___, Illinois, at the request of Defendants. 18. The electrical service was not restored to ___'s Home by Defendants on ___, nor any time prior to and including ___. 19. On ___, ___ discovered that Defendants had caused the locks to be changed to ____'s Home, depriving her of access to ____'s Home and her personal belongings inside. 20. At no time did ___ authorize or give permission to Defendants to terminate her electrical service, not provide electrical service, tow her visitor's car, change her locks, deny her access to __'s Home, or take possession of her personal belongings contained inside ___'s Home. 21. At no time relevant hereto did a Court authorize or give permission to Defendants to take possession of _'s Home. 22. The Defendants' actions at ___'s Home in terminating electrical service, not restoring electrical service, not providing electrical service, towing the car, changing the locks, denying __ access, and keeping her belongings, interfered with ___'s possession and use of ___'s Home. 23. Because of the Defendants' actions described above, _ suffered the following damages: a. __ Dollars ($.00) because of ___ bill for the service call made at __'s Home on ___; b. ___ Dollars ($.00) for the tow of __'s car on ___; c. __Dollars ($85.00) for the storage fee for __'s car after it was towed on __; d. ___ ($00) for the wages ___ lost from her employment at ____ for the __ hours of work she missed at $00 per hour during the days of __, __, and __; e. ___ ($00) for the ___bill incurred on __; f. ___ ($0.00) for the __ confiscated by the Defendants; g. _Dollars ($00.00) for the severe hardship and inconvenience during the six days ___ was required to find appropriate alternative shelter for her and her children and manage her affairs without electricity; h. _ Dollars ($00.00) for the food lost in her refrigerator because of the electricity service being terminated. WHEREFORE, __respectfully requests an order: A. Entering judgment for _ for actual and consequential damages in the amount of $0. B. Granting ____ such other and further relief as may be just. COUNT II Conversion 24-46. ___ realleges and incorporates herein by reference paragraphs 1 - 22 of Count I as paragraphs 24 - 46 of Count II as though those allegations were fully set forth herein. 47. On and before ___, at ___, ___, _____ County, Illinois, ____ owned and was lawfully possessed of a dryer in good working order. 48. On or about _, Defendants assumed control of this property and converted the same to their own use. 49. __s right to this property is absolute and unconditional, and no one else has any legal right to the property. 50. Defendants' assumption of control of this property was wrongful and without ____'s authority. 51. The value of the property at the time and place of Defendants' wrongful conversion was $.00. 52. By reason of Defendants' conversion, __ has been damaged in the sum of $0.00, no part of which has been paid by Defendants. WHEREFORE, __ respectfully requests an Order: A. Entering judgment in __s favor and against Defendants for the sum of $0.00. B. Granting ___ such other and further relief as may be just. COUNT III Intentional Infliction of Emotional Distress 53-76. ___ realleges and incorporates herein by reference paragraphs 1 - 23 of Count I as paragraphs 53 - 76 of Count III as though those allegations were fully set forth herein. 77. _'s right to peaceful possession and use of__'s Home was clear and unambiguous. ___'s rights to prior written notice, service of a summons, and a hearing in court prior to being deprived of her right to peaceful possession and use were clear and unambiguous. In addition to _'s Addendum (Complaint Exhibit No. 2), _ has been informed and believes Defendants have read, understood, and signed many lease addendums containing the following provision: "The landlord may evict the tenant from the unit only by instituting a court action." 80. Defendants are experienced landlords in the business of providing rental housing with full knowledge of __'s rights as stated above. 81. Because __ and Defendants were participants in a federally subsidized low-income housing assistance program, Defendants had full knowledge that ____ was a low-income mother with four young children desperately needing __'s Home and electrical service, and Defendants knew or should have known that __ was especially vulnerable and susceptible to Defendants' actions. 82. Defendants had full knowledge of their lack of a legal justification for their objective of evicting __ without written notice, service of summons, and hearing in court. 83. Defendants gave no advance warning or written notice to __ prior to their actions. 84. Defendants' conduct as described above was done with the intention to cause emotional distress to __ to coerce her to give up possession of ___'s Home without a notice, summons, and a hearing, and Defendants' actions were done recklessly in deliberate disregard of a high degree of probability that emotional distress to __ would result. 85. Because of Defendant's conduct, __ suffered actual damages of $600.00 due to the severe and extreme emotional distress experienced over the six-day period of ____, through ___, as follows: a. __ had a home with no electricity, no hot water for baths, no lights at night, no way to cook, and no air conditioning; b. __ was very concerned, distressed, and worried about where she and her children were going to live, eat, and bathe; c. __ felt extreme anxiety worrying about whether or not the Illinois Department of Children and Family Services would take custody of her children due to the uninhabitable condition of __'s Home; d. __was terrified that she would have to continue to miss work and be discharged from her employment; e. ___ suffered extreme distress because she was embarrassed and humiliated by the fact that she did not have a home with electricity and had to rely on friends and family for assistance; f. __ felt extreme anxiety and distress because her children were divided among her family in overcrowded conditions; g. ___ cried daily, was unable to relax, and had difficulty sleeping; h. ___ was unable to feel safe and secure and was extremely fearful of what Defendants would do to her and her family next. 86. Defendants' extreme and outrageous conduct as described above was the actual and proximate cause of __t for ____ and against Defendants in the amount of $600.00. B. Granting ____ such other and further relief as may be just. COUNT IV Punitive Damages 87-110. ___ realleges and incorporates herein by reference paragraphs 1 - 23 of Count I as paragraphs 87 - 110 of Count IV as though those allegations were fully set forth herein. 111-120. __ realleges and incorporates herein by reference paragraphs 77 - 86 of Count III as paragraphs 111 - 120 of Count IV as though those allegations were fully set forth herein. 121. Defendants' actions as described above show that they knowingly and intentionally committed a trespass against ____. 122. Defendants' failure to restore electrical service after being given personal service by ___of a demand to restore electrical service shows that Defendants acted defiantly, irresponsibly, and with malice. 123. Defendants made no attempt to mitigate the damage caused by their wrongful behavior after receiving personal notice to take action from Code Enforcement. 124. Defendants' retaliatory actions against ____, after receiving notice from ___of her complaint, in towing the car, ignoring Code Enforcement's request to restore electricity, changing the locks, denying __ access, and seizing ___'s belongings show Defendants acted with malice and with total disregard of _'s rights. 125. __has been informed and believes that Defendants previously have unlawfully, knowingly, and intentionally caused the termination of electrical service of other tenants and other illegal means used to evict tenants without prior written notice, service of Summons, and a hearing. 126. ___ has been informed and believes that Defendants are financially sound and have a successful business operation, and substantial punitive damages are necessary and appropriate to punish Defendants and to deter Defendants and other landlords from such conduct in the future. Because Defendants acted with malice, __ should be awarded attorney's fees as a part of the punitive damages that are awarded her. WHEREFORE, __ respectfully requests an Order: A. Entering judgment for ___ and against Defendants in the amount of $,000. B Ordering Defendants to pay __'s reasonable attorney's fees and costs in maintaining this action. C. Granting _ such other and further relief as may be just. Unfair and Deceptive Practices 128-151. ___________ realleges and incorporates herein by reference paragraphs 1 - 23 of Count I as paragraphs 128 - 151 Count V as though those allegations were fully set forth herein. 152-161. _realleges and incorporates herein by reference paragraphs 77 - 86 of Count III as paragraphs 152 - 161 of Count V as though those allegations were fully set forth herein. 162-169. ___ realleges and incorporates herein by reference paragraphs 121 - 127 of Count IV as paragraphs 162 169 of Count V as though those allegations were fully set forth herein. 170. Defendants, by entering into a lease agreement for ___'s Home, are persons involved in the conduct of trade and commerce within the meaning of 505/1 of the Consumer Fraud and Deceptive Business Practices Act (hereafter "Act"). 815 ILCS 505/1. 171. ___, by entering into a lease agreement for___'s Home, is a consumer within the meaning of 505/1 of the Act. Id., 505/1. 172. When Defendants tendered the Lease and Addendum to ____, __ believed that Defendants would follow the Lease Addendum, paragraph (H) (3) and Illinois law, both requiring the Defendants to institute a Court action to evict ___ from __s Home and prohibiting wrongful and unlawful methods for evicting her. 173. ____ relied on Defendants' representations in agreeing to sign the Lease and Addendum and taking possession of _____'s Home. 174. Defendants' conduct as stated above in terminating the electrical service, not restoring the electrical service, not providing electrical service, towing the car, changing the locks, and confiscating _'s belongings, show that Defendants' representations as set forth above were false. 175. Defendants' made the misrepresentations with the intent to deceive ___ into believing that if she signed the Lease and Addendum and took possession that the Defendants would comply with Illinois law and the promise to institute a Court action to evict ___. 176. Defendants' misrepresentations were willful, malicious, in bad faith, and in reckless and conscious disregard of the rights, health, and safety of __ and her children. 177. Defendants' misrepresentations constitute an unfair and deceptive acts or practices specifically prohibited by the Act. Id., 505/1. 178. Because of Defendants' misrepresentations, ___ suffered the actual damages as set forth above, and __has a private right of action for redress of these damages under the Act. Id., 505/10a. WHEREFORE, ___ respectfully requests an Order: A. Entering judgment for __ and against Defendants in the amount of $00 for actual damages. B. Awarding ____ $,000 in punitive damages. C. Ordering Defendants to pay ___'s reasonable attorney's fees and costs in maintaining this action. D. Granting the Plaintiff such other and further relief as may be just.
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