Excel Academies, Inc.: Case Study

Improved Essays
On or about August 1, 2008, Excel Academies, Inc. (“EA”) entered into a Lease Agreement, whereby EA leased a building known as the St. Bernard School, 5811 Riverdale Road, Riverdale, Maryland (“the Building”). Pursuant to the terms of the Lease, Defendant EA agreed to pay certain sums to Plaintiff Archdiocese in exchange for the use and occupancy of the Building. The parties agreed to amend the Lease several times, with the Third Amendment being agreed to on or about October 21, 2011. Pursuant to the Third Amendment to Lease Agreement, dated October 21, 2011, EXCEL Academies, Inc. agreed to pay an Annual Base Rental equal to $400,145.40 per annum, or $33,345.45 per month.

In late 2012, the Archdiocese of Washington retained us to pursue a claim agasint EXCEL Academies, Inc., for the breach of a lease agreement. On June 5, 2012, the Archdiocese of Washington sent a Notice of Default letter to EA advising that, at that time, at least $166,727.25 in rental payments were outstanding, due and payable, and demanded that the outstanding rent and all applicable fees be paid immediately. No payment was ever made.
…show more content…
Defendant EA has refused to pay the amount due and owing under the Lease. EA made an appearance in the action to petition for an extension of time to file an answer. EA’s counsel later withdraws their appearance and EA never filed an answer in the underlying action. On May 31, 2013, We moved for an order of default judgment in the underlying action. On October 15, 2013, following an ex-parte hearing on proof of damages, this Court awarded judgment in Plaintiff’s favor in the amount of one hundred sixty-six thousand seven hundred twenty-seven dollars and twenty-five cents

Related Documents

  • Great Essays

    After Colorado Carpet had begun installing the carpet, Mrs. Palermo was dissatisfied. Therefore, the installation of the carpet is part of the service in the contract. B. RESOLUTION: [Colorado Carpet Installation, Inc. v. Palermo, 668 P.2d 1384 (Colo. 1983)] How did the court answer the questions? What did the court decide?…

    • 1318 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Respondent Bret Derrickson asserts that neither he nor Respondent Hu denied Complainant’s rental application based on her source of income. Derrickson asserts that Respondent Hu approved Complainant’s rental application but Complainant was unable to meet the lease terms agreed upon July 1, 2016. Derrickson states that he met Complainant on June 18, 2016, and showed her the available properties at 800 S. Wells. Derrickson acknowledges that Complainant disclosed that she had a “Housing Choice Voucher”. Derrickson explains that Complainant asked, “If the owners accept Section 8 applicants?”…

    • 827 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Plaintiff at trial was Cellco Partnership, now Appellant. Defendant at trial, Shelby County, now Appellee. Facts: Cellco Partnership, Appellant, originally entered a lease agreement in 1995 with Cellco Partnership (Verizon) allowing an easement to Stonebridge Water Tower. In 2000, Highway 64 learned that Verizon had installed cellular equipment on Stonebridge Water Tower and accused them of trespassing and threatened to file a suit against them. In 2001, Verizon (Cellco Partnership) filed a complaint against Shelby County and Highway 64 seeking a declaratory judgement stating the Verizon has the right to use the gravel access road or a declaratory judgement stating that Shelby County must provide Verizon with access to Stonebridge Water Tower, security from Shelby County to cover liability Verizon incurred from third parties as a result of a breach of the Verizon Lease, and an injunction…

    • 549 Words
    • 3 Pages
    Great Essays
  • Superior Essays

    The plaintiff complained to the President of RCC, Larry K Linker regarding the harassment against her by Edwards and demanded a full-year contract instead of the two-month contract. (Sounds like a threat). The President told her…

    • 1126 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Carter V. Tokai Financial Services, Inc. In the case, it follows Randy P. Carter and Tokai Financial services, Inc. where Tokai sued Carter for money that was not given under a lease agreement that the two had entered. It as stated that ARC made 4 of the rental payments before they defaulted on the obligation they had with Tokai. Following the ceasing of payment, Tokai the repossessed the equipment and sold it for $5,900. After the sale, Tokai brought a suit against in which they were awarded $56,675.74.…

    • 723 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Mr. Owens filed a suit for damages resulting from Tunisons refusal to sell. Issue: Was Mr. Tunisons reply to Mr. Owens offer an intent to sell? Holding: No, the defendant…

    • 247 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Holding: Yes. The agent was appointed properly, and the agents acceptance and transmission of notice makes it valid. Facts: Defendant leased equipment from Plaintiff, who then served notice to Defendant’s agent upon the default of lease payments. Agent forwarded notice to Defendant. Procedural Posture: District Court invalidated the summons, court of appeals affirmed.…

    • 411 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    An unknown disease spreads across a K-8 school called Iftin Charter School located at 5465 El Cajon Blvd, 92115. Many students are dying from this disease and blood trails the halls. At just 9:00 during a calm award ceremony a student fell to the ground, fainted, and started spitting up blood and foam. Everyone was terrified and the student was taken by an ambulance right away.…

    • 353 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Lastly, the court ruled that the school district pay for the Wartenberg’s legal fees because the written settlement offer was not more favorable (West Law, 1995). Thus, the Capistrano Unified School District lost the entire case and paid an upwards of five-hundred thousand dollars (Gubernick and Conlin,…

    • 605 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Relief Sought: Petitioner filed suit against the Western Line Consolidated School District seeking reinstatement because the nonrenewal of her contract violated her First and Fourteenth Amendments. Issues: Givhan v. Western Line Consolidated School District addressed a teacher’s right to free speech under the First and Fourteenth Amendments. Facts: Bessie Givhan, a teacher in Mississippi’s Western Line Consolidated School, went into the principal’s office and expressed her opinion concerning the school’s hiring practices and policies. She believed that the practices were racially prejudiced, and after expressing her opinions, the principal claimed that the teacher made unreasonable and hostile demands. After the school year, her teaching contract was not renewed.…

    • 491 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    also Hooker v. Dallas Indep. Sch. Dist. , No. 3:09–CV–0676–G–BH, 2011 WL 1592300, at *5 (N.D.Tex. March 31, 2011).…

    • 1215 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Petitioners Vs Choctaw

    • 1332 Words
    • 6 Pages

    In the lease agreement the store agreed to the Choctaw Tribal Tort Claims Act and to tribal court…

    • 1332 Words
    • 6 Pages
    Great Essays
  • Great Essays

    Example Of Complaint

    • 1799 Words
    • 8 Pages

    The plaintiff filed her pro se lawsuit on September 4, 2014 and served our client with the complaint on September 8, 2014. Count I of the complaint alleges that our client is liable for the negligent hiring, training and supervision of “Darla L/N/A”. Count II of the complaint alleges that our client is liable under a respondeat superior theory. On October 6, 2014, Jonathan Nessler filed his appearance on behalf of the plaintiff. On October 8, 2014, we filed our motion to dismiss, which attacks both counts of the complaint as being insufficiently pled.…

    • 1799 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Care Homes Inc

    • 1172 Words
    • 5 Pages

    As a result, plaintiff asserts class certification is proper because Care Homes instituted a general policy or practice that…

    • 1172 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Case 13.3 Kohel v. Bergen Auto Enterprises, LLC Superior Court of New Jersey, Appellate Division, 2013. 2013 WL 439970. Issue: This case involved allegations of breach of contract involving which parties and for what actions?…

    • 508 Words
    • 3 Pages
    Improved Essays