Cecile Epperson v. Brooke Bradshaw

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA CECILE EPPERSON & BRIAN EPPERSON, Husband and Wife, Plaintiffs, v. BROOKE BRADSHAW, Defendant. PETITION NOW COMES the Plaintiffs, Cecile and Brian Epperson, for their causes of action against the Defendant, Brooke Bradshaw, would allege and state the following: JURISDICTION AND VENUE 1. Plaintiffs Cecile and Brian Epperson, ("Plaintiffs"), are individuals that reside in Oklahoma County, Oklahoma. 2. Defendant Brooke Bradshaw, ("Defendant"), is an individual that resides in Oklahoma County, Oklahoma. 3. All relevant actions, including all attempts to obtain possession of the Vehicle at issue have taken place in Oklahoma County, Oklahoma. 4. This Court therefore has jurisdiction over the parties and the subject matter of this action, and venue before this Court is proper pursuant to Oklahoma law. COUNT I – REPLEVIN 5. On or about January 29, 2019, Plaintiffs purchased a 2018 Chevrolet Equinox, VIN No. 3GNAXJEV1JL130584 (the “Vehicle”). 6. The Vehicle is titled under both Plaintiffs’ names. A true and correct copy of the vehicle title is attached hereto as Exhibit “A”. 7. Defendant is the daughter of Plaintiff Cecile Epperson and stepdaughter of Plaintiff Brian Epperson. 8. With the permission of the Plaintiffs, Defendant was given possession of the Vehicle for her temporary use upon the conditions that Defendant properly care for the Vehicle and make certain payments as required. 9. While possessing the Vehicle, Defendant wrecked and damaged the Vehicle on or about May 6, 2024. 10. Defendant has not repaired the Vehicle nor paid to repair the Vehicle. 11. Following Defendant's failure to maintain the Vehicle and fulfill the conditions of possession, Plaintiffs requested that Defendant return the Vehicle. 12. Initially, Defendant agreed to return the Vehicle in May of 2024, but has failed and refused to do so despite numerous requests for its return to its rightful owners, the Plaintiffs. 13. Plaintiffs have reason to believe that the total actual value of the Vehicle is estimated to be around Ten thousand dollars ($10,000.00) due to the extensive damage caused by Defendant's reckless conduct and failure to properly care for the vehicle. 14. Any interest of the Defendant in the Vehicle, if any, is subject and inferior to the interests of the Plaintiffs, who are the titled owners of the Vehicle. 15. Defendant is presently in possession of the Vehicle, but does not have any ownership interest or rights in the Vehicle. 16. Although Plaintiffs have demanded possession of the Vehicle, the Defendant has failed, refused, and neglected to deliver the Vehicle to Plaintiffs or relinquish possession of the Vehicle. 17. Defendant is wrongfully detaining the Vehicle, and preventing Plaintiffs from obtaining possession of their property, the Vehicle. 18. Plaintiffs have reason to believe that third-parties are aiding and abetting Defendant in her attempts to hide the Vehicle and Plaintiffs reserve the right to add additional claims and parties upon identification of such third-parties. 19. Plaintiffs believe that the Defendant may attempt to further conceal or damage the Vehicle, or a part thereof, or remove the Vehicle from the State or County in which it is now located. Any such action will result in irreparable harm to Plaintiffs and therefore Plaintiffs are without remedy at law to prevent such irreparable harm or injury. 20. For example, to prevent Plaintiffs from obtaining the Vehicle in a peaceful way, Defendant, with the potential aiding and abetting of third parties, obtained a locked garage to store the Vehicle, preventing Plaintiffs from accessing the Vehicle. 21. Another example, on or about October 14, 2024, Plaintiffs attempted to peacefully obtain the Vehicle, but upon recognizing Plaintiffs, Defendant immediately took the Vehicle and began driving recklessly at speeds estimated to be 90-100 miles per hour (in a 40 mile per hour zone) with her 7-year-old son in the car. Recognizing her recklessness and dangerous behavior, Plaintiffs chose to not follow Defendant or attempt to obtain possession of the Vehicle in order to avoid damage or injury to Defendant, her son or third parties. 22. Plaintiffs are the owners of the Vehicle and Defendant has refused to permit the Plaintiffs to take possession of the Vehicle, and Plaintiff is unlawfully and wrongfully holding possession of the Vehicle. 23. The Vehicle has not been taken in execution of any order or judgment, or for the payment of any tax, fine or amercement assessed, or by virtue of an order for delivery under 12 O.S. § 1571, et seq., or for any other mesne or final process issued. 24. Unless otherwise restrained, Defendant may attempt to sell, alienate, conceal, transfer or otherwise dispose of the Vehicle without accounting for the proceeds thereof, which would cause irreparable harm to Plaintiffs. 25. Any right, claim or interest in the Vehicle by Defendant is subordinate and inferior to that of Plaintiffs’ interest. 26. Plaintiffs therefore respectfully request that this Court issue an Order of Delivery for the recovery of the Vehicle. Plaintiffs further request that the Clerk of this Court issue a Notice to be served upon the Defendant which notice shall notify the Defendant that: A. an Order if Delivery of the Vehicle has been sought; B. the Defendant has a right to object by written response filed with the Court Clerk and delivered or mailed to the Plaintiffs’ attorney within five (5) days after service upon it; and C. that an Order of Delivery shall be issued by the Court Clerk in the event no written response is filed within said five-day period. WHEREFORE, premises considered, Plaintiffs pray for judgment on their First Cause of Action that: A. The Clerk of this Court issue the above-described notice to the Defendant captioned above and further that the notice inform said Defendant that, pursuant to 12 O.S. § 1571.1, any person who willfully or knowingly damages property in which there exists a valid right to the issuance of an Order of Delivery or on which such Order of Delivery has been sought under the provisions of said statute, as amended, or who conceals it, with the intent to interfere with the enforcement of the Order, or who removes it from the jurisdiction of this Court with the intention of defeating the enforcement of an Order of Delivery, or who willfully refuses to disclose its location to an officer charged with executing an Order for its delivery, or who, when in possession of such property, willfully interferes with the officer in charge with executing such writ, shall be guilty of a misdemeanor and, in addition to such criminal penalties as are provided by law, shall be liable to Plaintiffs for double the amount of the damage done to the property, together with a reasonable attorney's fee to be fixed by the Court; B. that the Court issue a Temporary Restraining Order pursuant to 12 O.S. § 1571(C) ordering Defendant not to conceal, damage, or destroy any part of the Vehicle or any part thereof and to not remove the Vehicle or any part thereof from the State or County in which it is now located, pending a hearing on Plaintiffs' request for a hearing, if any, on Plaintiffs' request for an Order of Delivery; C. that this Court, after a hearing, if requested, and instanter and without notice, if no written objections are filed, issue an Order of Delivery for the immediate recovery of the Vehicle; D. that the Court render judgment in favor of Plaintiffs, Cecile and Brian Epperson, and against the Defendant, Brooke Bradshaw, for possession of the Vehicle; E. that the Court determine that Plaintiffs have a valid, first, paramount, and superior ownership interest in the Vehicle; and F. that this Court grant unto Plaintiffs such other and further relief as this Court may deem just and equitable. COUNT II – DAMAGES Plaintiffs incorporate all allegations set forth herein as if fully set forth herein and further allege and state as follows: 27. Plaintiffs purchased the Vehicle new, in unused and pristine condition. 28. Due to the negligent and reckless conduct by Defendant, the Vehicle was severely damaged, and Defendant has failed and refused to repair the Vehicle. 29. Due to the reckless conduct of the Defendant while in her possession, the Vehicle has drastically decreased in value and Plaintiffs will not recover the full value of the Vehicle. 30. Furthermore, based on the conduct of Defendant on or around October 14th, 2024, Plaintiffs believe that Defendant will continue drive in a reckless and dangerous manner based on Defendant’s previous disregard of the traffic law when she willfully and negligently drove ninety to one hundred miles per hour in a forty-five miles per hour zone with Plaintiffs’ grandson in the Vehicle. 31. Defendant damaged the Vehicle and should be held responsible for the damages to the Vehicle. At this time, and upon information and belief, it is believed that the damage to the Vehicle is in excess of $10,000.00. WHEREFORE, Plaintiffs, Cecile and Brian Epperson, pray for judgment on their Second Cause of Action against Defendant, Brooke Bradshaw, for the damage caused to the Vehicle in the amount as the proof shall show, together with pre-judgment interest, until the date of judgment, plus a reasonable attorney’s fee, and court costs herein, together with post-judgment interest on all amounts granted in Plaintiffs' favor, until paid in full; and all other such relief as may be just and equitable. Respectfully submitted, Jonathan M. Miles (OBA #31152) Brock Z. Pittman (OBA #32853) CHRISTENSEN LAW GROUP, P.L.L.C. The Parkway Building 3401 N.W. 63rd Street, Suite 600 Oklahoma City, Oklahoma 73116 Telephone: (405) 232-2020 Facsimile: (405) 228-1113 [email protected] [email protected] Attorneys for Plaintiffs, Cecile and Brian Epperson STATE OF OKLAHOMA ) ) S.S. COUNTY OF OKLAHOMA ) Cecile Epperson, of lawful age, after first being duly sworn upon oath, deposes and states: That she has personal knowledge of the facts and circumstances in the facts alleged above; She has read the foregoing Petition, and the matters stated therein are true and correct to the best of her knowledge, information and belief. Cecile Epperson SUBSCRIBED AND SWORN to before me this 28 day of October 2024. Ashley Rougeux Notary Public Commission No.: 8003798 My Commission Expires: 4/12/2026 CERTIFICATE OF TITLE STATE OF OKLAHOMA VEHICLE IDENTIFICATION NUMBER: 3GNAXJEv1JL130584 YEAR: 2018 MAKE: CHEV TITLE NO: 810006478610 BODY TYPE: UT MODEL: EQUINOX DATE 1st SOLD: 16-Oct-2017 DATE ISSUED: 04-Mar-2019 AGENT NO.: M6330 APPLICATION DATE: 01-Mar-2019 ODOMETER: 18555 Actual TYPE OF TITLE: Transfer NAME AND ADDRESS OF VEHICLE OWNER: BRIAN EPPERSON AND/OR CECILE EPPERSON 129 STEVEN DR SHAWNEE, OK 74804-6307 THIS VEHICLE IS SUBJECT TO THE FOLLOWING LIEN(S): 2/14/2019 TINKER FEDERAL CREDIT UNION It is hereby certified that according to the records of the Oklahoma Tax Commission, the person named herein is the owner of the vehicle described above which is subject to a lien(s) as shown; however, the vehicle may be subject to other liens or security interests. CONTROL NO: 46863100 (This is not a title number) ASSIGNMENT OF TITLE BY REGISTERED OWNER (If Dealer, List License # Here: ) I/we hereby assign and warrant ownership of the vehicle described on this certificate to the following, subject only to the liens or encumbrances if any, properly noted on this certificate Purchaser(s) Name (Type or Print): Purchaser(s) Complete Address: Actual Purchase Price of Vehicle: I certify to the best of my knowledge that the ODOMETER READING reflected on the vehicle's odometer and listed below is the ACTUAL MILEAGE of the vehicle UNLESS one of the accompanying statements is checked: [] [] [] [] [] [] [] (NO TENTHS) 1. The odometer has exceeded its mechanical limits. 2. The odometer reading is NOT the actual mileage. Warning --- Odometer Discrepancy Signature of Seller(s): __________________________ Printed Name of Seller(s): __________________________ Subscribed and Sworn to Before me this ______ Day of _______________________, 20_____ Notary Public: ________________________________ Commission Expiration: ____________________ Notarization required only of seller's signature(s). Affix notary seal/stamp to the right. Signature of Buyer(s): __________________________ Printed Name of Buyer(s): __________________________