UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

___________________________________

:

Charletta Lewis :

2115 Sudbury Place, NW :

Washington, DC 20012 :

:

Plaintiff, : Civil Case No. 12-cv-00037BAH

:

v. : Jury Demand

:

Michael Ressom :

2917 Georgia Ave., NW :

Washington, DC 20001 :

Defendant :

___________________________________ :

COMPLAINT

COMES NOW the Plaintiff, by and through counsel, the Law Office of Jimmy A.

Bell, P.C. and Jimmy A. Bell, Esquire, and respectfully submits this Complaint against

the Defendant to enforce its rights under 42 U.S.C. § 1981 and DC law.

JURISDICTION

1. Plaintiff alleges a cause of action, in part, arising under 42 U.S.C. § 1981.

Defendant’s actions took place in the District of Columbia.

VENUE

2. Venue is proper the Defendant’s actions took place in the District of Columbia.

STATEMENT OF FACTS

3. At all times relevant to this Complaint, Plaintiff is an African American Woman

and Defendant is a non-African American Man.

4. In or about July 2011, Defendant and Plaintiff entered into a lease agreement and

contract ("contract") for 2917 Georgia Ave, NW, Washington, DC 20001.

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Pursuant to the lease, the lease required the leased premises to be rentable.

Plaintiff leased the premises because the Defendant assured her that the building

was in good order and up to code. The Defendant made a false representations to

the plaintiff; its falsity was either known to the defendant or that the

representation was made with reckless indifference as to its truth the

misrepresentation was made for the purpose of defrauding the plaintiff: the

plaintiff relied on the misrepresentation and had the right to rely on it; and that the

plaintiff suffered compensateable injury resulting from the

misrepresentation. All of Defendant’s acts, representations, and omissions were

made with malice and or a reckless disregard for the truth.

5. Plaintiff informed the Defendant that she was going to open a Theater and Jazz

Lounge. Plaintiff gave first month’s rent ($6,900) and last month’s rent ($6,900)

and security deposit ($6,900) for a total of $20,700.

6. Plaintiff fulfilled all of her duties, responsibilities and obligations under this

contract, acting in good faith at all times; and was willing and able to continue to

do so.

7. When Plaintiff informed the Defendant that she, on 7/28/11, applied for a

Certificate of Occupancy for the property and learned that the electrical,

plumbing, HVAC and other build-outs were done without permits and were never

inspected by DCRA, Defendant stated that he had a signed contract and that

Defendant was required to pay her rent per the contract.

8. Defendant breached its contract with Plaintiff as the Defendant knew that the

space was not rentable under DC Law as the Defendant made or allowed others to

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make illegal changes to the property and significant alterations and repairs.

Because changes that were neither licensed nor inspected were made to the

building before Plaintiff occupied it, the District of Columbia’s Department of

Regulatory Affairs issued a stop-work order on the property. That means Plaintiff

was unable, to acquire a permanent Certificate of Occupancy or a permanent

liquor license until January 2012 for part of the Building and still cannot acquire a

permanent Certificate of Occupancy or a permanent liquor license for the other

part of the building.

9. Upon information and belief Defendant has leased his properties to members

outside of Plaintiff’s protected class and has not treated those persons they way

that Plaintiff has been treated.

10. Defendant is discriminating against Plaintiff because of Plaintiff’s race (African

American).

COUNT I

VIOLATION OF THE CIVIL RIGHTS ACT OF 1866, 42 U.S.C. § 1981 – RACE

11. Plaintiff re-pleads and re-alleges paragraphs 1-10, with the same force and effect

as if set forth separately at length herein.

12. Plaintiff is a member of a protected class (African-Americans).

13. Defendant, themselves and/or by and through agent(s), employee(s), and/or

representative(s), acted in a discriminatory manner that a reasonable person would

find objectively unreasonable.

14. Plaintiff did not enjoy the services, privileges, benefits and protections offered to

other persons outside of Plaintiff’s protected class.

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15. Plaintiff tried to contact Defendant.

16. Defendant refused to communicate with Plaintiff.

17. Defendants intentionally discriminated against Plaintiff in violation of the Civil

Rights Act of 1866, 42 U.S.C. § 1981, on account of the race (African-American)

of Plaintiff. Plaintiff has already suffered economic damages as a result of

Defendant’s actions.

18. Upon information and belief, Defendant stands to derive financial benefit from

their actions against Plaintiff.

COUNT II

Breach of Contract

19. The Plaintiff realleges and incorporates by reference the allegations contained in

paragraphs 1 through 18 one of this Complaint, and further charges:

In or about July 2011, Defendant and Plaintiff entered into a lease agreement and

contract ("contract") pursuant to which required the leased premises to be

rentable. Plaintiff leased the premises because the Defendant assured her that the

building was in good order and up to code. All of Defendant’s acts,

representations, and omissions were made with malice and or a reckless disregard

for the truth. Plaintiff informed the Defendant that she was going to open a

Theater and Jazz Lounge. Plaintiff gave first month’s rent ($6,900) and last

month’s rent ($6,900) and security deposit ($6,900) for a total of $20,700.

20. Plaintiff fulfilled all of her duties, responsibilities and obligations under this

contract, acting in good faith at all times; and was willing and able to continue to

do so.

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21. Defendant breached its contract with Plaintiff as the space was not rentable under

DC Law as the Defendant made or allowed others to make illegal changes to the

property and significant alterations and repairs. Because changes that were neither

licensed nor inspected were made to the building before Plaintiff occupied it, the

District of Columbia’s Department of Regulatory Affairs issued a stop-work order

on the property. That means Plaintiff was unable, to acquire a permanent

Certificate of Occupancy or a permanent liquor license until January 2012 for part

of the Building and still cannot acquire a permanent Certificate of Occupancy or a

permanent liquor license for the other part of the building.

22. When Plaintiff informed the Defendant that she, on 7/28/11, applied for a

Certificate of Occupancy for the property and learned that the electrical,

plumbing, HVAC and other build-outs were done without permits and were never

inspected by DCRA, Defendant stated that he had a signed contract and that

Defendant was required to pay her rent per the contract.

23. As the result of Defendant’s breach of contract, Plaintiff suffered actual damages

over $50,000.

COUNT III

Fraud

24. The Plaintiff realleges and incorporates by reference the allegations contained in

paragraphs 1 through 23 of this Complaint, and further charges: The above

described representations and promises made to Plaintiff by the Defendant during

were false and fraudulent when made, and were purposely made by the Defendant

to induce Plaintiff to sign a lease and pay the Defendant money. All of

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Defendant’s acts, representations, and omissions were made with actual malice

and or a reckless disregard for the truth.

26. Defendant's representations and promises would likely have induced a reasonable

person to rely upon them. These promises and representations were material to

Plaintiff and Plaintiff reasonably relied upon them. Were it not for these promises

and representations, Plaintiff would not have signed a lease with the Defendant

and paid the Defendant money. As a result of the Defendant's fraudulent conduct

in making these promises and representations, and Plaintiff’s reliance upon them,

the Plaintiff suffered actual damages.

RELIEF SOUGHT

27. Plaintiff re-pleads and re-alleges, with the same force and effect as if set forth

separately and at length herein, paragraphs 1 – 26.

28. Plaintiff requests the following relief:

29. Compensatory and punitive damages in the amount of $2,000,000.00.

30. Pre- and post-judgment interest.

31. The costs of litigation, including reasonable attorney’s fees and expert witness

fees.

32. Such other relief that may be just.

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JURY DEMAND

33. Plaintiff demands a trial by jury.

Respectfully submitted,

/s/ Jimmy A. Bell, Esq.

________________________________

Jimmy A. Bell, Esq.

The Law Office of Jimmy A. Bell, P.C.

P.O. Box 639

Oxon, Hill, MD 20750

(301) 661-1165

(301) 298-5194 (Fax)

Bar No. MD 14639