Robert Conder v. Riveter Investment Properties, LLC

IN THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY STATE OF OKLAHOMA ROBERT CONDER, an Individual; and JESSICA CONDER, an Individual; Plaintiffs, vs. RIVETER INVESTMENT PROPERTIES, LLC, d/b/a K&D'S RV & BOAT STORAGE, an Oklahoma Limited Liability Company, and DERRICK TABER, an individual, Defendants. PETITION COMES NOW the Plaintiffs, Robert Conder and Jessica Conder ("Plaintiffs"), and in support of their Petition, allege and state as follows: Jurisdiction and Venue 1. Plaintiffs are domiciled in Oklahoma County, State of Oklahoma. 2. Defendant Riveter Investment Properties, LLC ("Defendant") is an Oklahoma LLC, with its registered agent in Oklahoma County, State of Oklahoma. 3. The claims made herein primarily arose in Oklahoma County, State of Oklahoma. Factual Background 4. Plaintiffs adopt and incorporate the above and foregoing as though fully set forth herein. 5. Plaintiffs are the registered owners of a camper trailer. (Exhibit A.) 6. In December of 2021, Plaintiffs contracted with Riveter to store the camper at Defendant’s facility for a price of $114.06 per month. (Exhibit B.) 7. Defendants granted the Conders access to the above-described gated facility, per the parties’ agreement, and Plaintiffs began storing the camper at Defendant Riveter’s storage facility. 8. This arrangement proceeded for about 4 years, without incident. 9. In November of 2025, Plaintiffs discovered their camper had been broken into. Suspiciously, Defendant’s security system was not working at the time of the break-in. 10. Plaintiffs communicated with Defendant regarding the break-in, and Defendant never mentioned the facility was closing. 11. Plaintiffs did not see any signs indicating the facility was closing. 12. Defendants never provided any written notice to Plaintiffs of the facility closing or of any purported default on the rent. 13. Plaintiffs paid their November rent on December 2, 2025. 14. Riveter had always sent invoices to Jessica Conder, but stopped in December of 2025. 15. Conder contacted Riveter on or about February 4, 2026, to inquire about payment, but Riveter did not respond. 16. On January 20, 2026, Defendant Derrick Taber filed a false and fraudulent Title 42 notice claiming personal possession of the boat and motor and demanding $5,400 for storage and $450 for Title 42 paperwork. (Exhibit C.) 17. The “Notice of Possessory Lien” includes the VIN number for Plaintiffs’ camper, which matches the VIN on Plaintiffs’ contract with Riveter. (Exhibit B.) 18. Before stealing Plaintiff’s camper, Defendants never made any complaint to Plaintiffs or sent any notice regarding lack of payment, which is required by statute. In other words, Defendants’ contract with Plaintiffs included the VIN number for Plaintiffs’ camper; Defendants were able to identify the VIN for the purportedly-“abandoned” camper at the storage facility; yet Defendants failed and refused to cross-reference the VIN from the camper to the contract with their longstanding, paying customers. Instead, Defendants opted to steal the camper and initiate fraudulent Title 42 proceedings. 19. In short, Defendant Riveter made absolutely no attempt to contact Plaintiffs or to collect storage fees until they stole Plaintiffs’ camper with no prior warning, in violation of 42 O.S. § 197. 20. Derrick Taber, in his individual capacity, fraudulently initiated “Title 42” proceedings on or about January 22, 2026, disclosing that he is storing Plaintiffs’ personal property at his residence. (Exhibit C.) Thus, Derrick Taber, individually, is wrongfully exerting dominion, possession, and control of Plaintiffs’ property. FIRST THEORY OF LIABILITY: REPLEVIN 21. Plaintiffs adopt and incorporate the above and foregoing as though fully set forth herein. 22. Plaintiffs have a legal right to possession of the camper. 23. Defendants are wrongfully retaining the camper. 24. Jurisdiction is proper in this Court. 25. Plaintiffs have sustained damages and continue to sustain damages as a result of Defendants’ wrongful retention of the property. 26. Plaintiffs estimate the value of the property to be over $30,000.00. 27. The property was not taken in execution on any order or judgment against said Plaintiff(s), or for the payment of any tax, fine or amercement assessed against any of them, or by virtue of an order of delivery issued under this chapter, or any other mesne or final process issued against said Plaintiff(s). 28. Plaintiffs pray for immediate return of the camper and for other damages as set forth in greater detail, below. SECOND THEORY OF LIABILITY: CONVERSION 29. Plaintiffs adopt and incorporate the above and foregoing as though fully set forth herein. 30. Plaintiffs own the camper. 31. Defendants have wrongfully exercised dominion over the camper and have wrongfully taken the property and deprived Plaintiffs of its use. 32. Plaintiffs have suffered damages as a result of Defendants’ wrongful conduct, described herein. THIRD THEORY OF LIABILITY: BREACH OF CONTRACT 33. Plaintiffs adopt and incorporate the above and foregoing as though fully set forth herein. 34. Plaintiffs entered into a contract with Defendant Riveter for the storage of the subject camper at Defendant’s facility. 35. Plaintiffs at all times behaved as a reasonable person and upheld their end of the bargain, paying lot fees when invoiced and inquiring of Defendant when defendant failed to invoice them. 36. In breach of contract and in violation of statute, Defendant Riveter, who was contractually bound to act in good faith and protect Plaintiffs’ personal property, has, instead, stolen Plaintiffs’ personal property and is now holding it for ransom. 37. Plaintiffs have been damaged by Defendant Riveter’s breach of contract and prays for relief, as set forth below. FOURTH THEORY OF LIABILITY: CONSTRUCTIVE FRAUD 38. Plaintiffs adopt and incorporate the above and foregoing as though fully set forth herein. 39. Defendants’ failure to disclose that it was closing the storage facility and/or that it was taking Plaintiffs’ property is fraud by omission. 40. Plaintiffs have suffered damages as a result of their reliance on Defendants’ omission(s). FIFTH THEORY OF LIABILITY: SLANDER OF TITLE 41. Plaintiffs adopt and incorporate the above and foregoing as though fully set forth herein. 42. Defendant Derrick Taber initiated “Title 42” proceedings, fraudulently claiming the camper was “abandoned” and that Plaintiffs owe him $5,400 for storage, as of January 20, 2026 (about seven weeks after Plaintiffs’ last rent payment). 43. This statement is false and fraudulent and constitutes a felony under 42 O.S. §91(E). 44. Defendant Derrick Taber published his fraudulent “Notice” to the rightful lienholder (lender) on Plaintiffs’ camper, M&T Bank. 45. Plaintiffs have suffered damages as a result of Defendant’s false and fraudulent filing, which includes false information as was done contrary to the law, which requires written notice before any “enforcement action.” SIXTH THEORY OF LIABILITY: INJUNCTION 46. Plaintiffs adopt and incorporate the above and foregoing as though fully set forth herein. 47. Defendants have engaged in unlawful and unreasonable activity, depriving Plaintiffs of the use of Plaintiffs’ personal property. 48. By statute, Defendants have waived any lien in the property. 42 O.S. § 22. 49. Defendants continue to engage in this unlawful and unreasonable activity. 50. Plaintiffs will incur additional damages will be deprived of the use of their camper if Defendants are permitted to continue their outrageous conduct.. 51. Injunctive relief is necessary and appropriate to prevent additional damage to Plaintiffs. WHEREFORE Plaintiffs pray for judgment in their favor and against Defendants for replevin of the subject camper and for immediate delivery of the property. Plaintiffs further pray for injunctive relief and money judgment of actual and punitive damages in an amount exceeding $75,000 for breach of contract, embezzlement, conversion, theft, and negligent, intentional, and malicious taking of and damage to property. Respectfully submitted, Mark B. Houts, OBA No. 21220 HOUTS LAW, PLLC 1801 Northeast 135th Street, Suite A Oklahoma City, OK 73131 Telephone: (405) 242-3468 Facsimile: (405) 578-4373 [email protected] Counsel for Plaintiffs VERIFICATION STATE OF OKLAHOMA ) ) ss. COUNTY OF OKLAHOMA) 1. Jessica Conder, of lawful age, state upon my oath that I have read the foregoing Petition, that I am familiar with the matters set forth therein, and that the same are true to the best of my information and belief. DATED this 19th day of February, 2026. Jessica Conder Verification as allowed by 12 O.S. § 426 I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. February 19, 2026, Oklahoma City, OK Date and Place Jessica Conder REGISTRATION Caddo Nation Certification of Motor Vehicle Registration Caddo Nation Tax Commission • PO Box 487 • Birger, OK • 3019 Body Model Year VIN Make Class Title Number GVW Date Issued Total Fee Year Reg. TRAVEL TRAILER 2021 WNBOKRRAN4T100128 JAY FLIGHT Travel Trailer DT6142021D O 6/11/2021 $540.00 Model Registration Expires Personalized Expires JAY FLIGHT TT 9/30/2021 Previous Reg.: Title Tag: Decal: Jurisdiction: Current Reg: Title Tag: Decal: Pers. Tag: Pers. Decal: IAA Exempt: DT6142021D C10792 CN44806 Name Conder, Robert & Or Conder, Jessica 2088 Timber Wolf Trail Edmond, OK 73034 Issuance of this Certificate verifies that all applicable taxes and fees for subject vehicle have been duly paid for in the period specified in the amount indicated. THE TITLE NOT EXHIBIT K&D's RV & BOAT STORAGE AGREEMENT This RV Storage Agreement ("Agreement") executed in Oklahoma City, OK, on this 2nd day of December, 2021 by and between Robert & Jessica Conder, whose address is 1938 Ladera Ln Edmond OK 73034 ("Lessee") and K&D RV & Boat Storage ("Lessor"). It is agreed between the Parties (Lessor and Lessee) hereto as follows: 1. Lessor hereby leases to Lessee and Lessee rents from Lessor, upon the terms and conditions hereafter set forth a portion of the premises (to be determined by Lessor in its sole and absolute discretion) located at 5303 N Santa Fe Ave, Oklahoma City, OK 73118 for the storage of Lessee's (Year, Make, Model, License) 2020 Jayco Jayflight 29BHS __________________________. Lessee acknowledges and agrees that Lessor does not provide any security at the premises and shall not be responsible for security at the premises. 2. The term commences on the date above (prorated for month) and will be for a recurring thirty (30) day (month) period from the first of the following month unless cancelled by either Lessor or Lessee at any time upon thirty (30) days prior written notice to the other party. 3. Rent shall be payable on the 1st day of each month, monthly in advance at the rate of $114.00. There will be no billing or invoices sent to Lessee. 4. Lessee shall not make or suffer any alterations to the premises. Lessee accepts the premises as is, where is, with all faults and in good order, condition and repair and Lessee shall keep the premises and its goods in sanitary order and condition. This Agreement is for the storage of the recreational vehicle as previously described in this Agreement. All items will be stored in Lessor's storage facility and Lessor reserves the right to store the items anywhere in its facility. Lessee shall have no right or claim to any particular area or location within the facility. Lessor will not be held responsible for any power outages or any unforeseen events beyond the reasonable control of Lessor. NO WORK MAY BE DONE ON ANY ITEM BY LESSEE AT ANY TIME WHILE THIS ITEM IS STORED INSIDE THE FACILITY. All work inside of the facility must be performed by an employee or agent of Lessor. No material may be stored in the facility that may be hazardous to the facility or anything contained therein. This prohibition shall specifically prohibit explosives, combustible materials, chemicals, odorous or other inherently dangerous materials unless such materials are contained in a container specifically designed for such use and of a type approved by the appropriate governmental entity. All propane tanks must be turned off prior to storage. 5. NONLIABILITY OF LESSOR FOR DAMAGE OR LOSS. THIS AGREEMENT IS MADE ON THE EXPRESS CONDITION AND COVENANT THAT LESSEE AGREES TO RELIEVE LESSOR AND IT'S PRINCIPALS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR NEGLIGENCE CAUSING ANY LOSS, HARM, INJURY, OR DAMAGE TO LESSEE'S PROPERTY WHATSOEVER OR INJURY TO ANY PERSONS INCLUDING LESSEE WHILE IN, UPON, OUTSIDE THE PREMISES, OR IN ANY WAY CONNECTED WITH OR ARISING OUT OF THE USE OF THE PREMISES DURING THE TERM OF THIS AGREEMENT OR ANY EXTENSIONS THEREOF OR ANY OCCUPANCY HEREUNDER. LESSEE AGREES NOT TO SUE OR MAKE ANY CLAIM AGAINST AND RELEASES LESSOR AND ITS PRINCIPALS, EMPLOYEES AND AGENTS AND LESSEE HEREBY ASSUMES RESPONSIBILITY AND LIABILITY FOR ANY AND ALL DAMAGES, LOSS OR INJURY OF ANY KIND OR NATURE WHATSOEVER (INCLUDING DEATH RESULTING THEREFROM) TO ALL PERSONS AND PROPERTY, WHETHER AGENTS OF LESSEE OR OTHERWISE, AND TO ALL PROPERTY CAUSED BY, RESULTING FROM, ARISING OUT OF OR OCCURRING IN CONNECTION WITH LESSEE'S USE OF THE PREMISES. LESSEE SHALL INDEMNIFY, DEFEND AND HOLD LESSOR, ITS AGENTS, EMPLOYEES AND SERVANTS HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, DAMAGE, COST, AWARD, FINE, JUDGMENT OR EXPENSE INCLUDING REASONABLE ATTORNEY'S FEES AND LEGAL EXPENSES, WITH RESPECT TO OR ARISING OUT OF USE OF THE PREMISES OR IN ANY WAY CONNECTED WITH THE PREMISES OR THE STORAGE OF LESSEE'S VEHICLE. SHOULD ANY CLAIMS FOR DAMAGES OR INJURY (INCLUDING DEATH) BE MADE OR ASSERTED, LESSEE AGREES TO AND DOES HEREBY ASSUME ON BEHALF OF LESSOR ITS PRINCIPALS, EMPLOYEES AND AGENTS, THE DEFENSE OF ANY ACTION AT LAW OR EQUITY WHICH MAY BE BROUGHT AGAINST LESSOR, ITS PRINCIPALS, EMPLOYEES OR AGENTS UPON OR BY REASON OF SUCH CLAIMS AND TO PAY ON BEHALF OF LESSOR ITS PRINCIPALS, EMPLOYEES AND/OR AGENTS, UPON DEMAND, THE AMOUNT OF ANY JUDGMENT THAT MAY BE ENTERED AGAINST LESSOR, ITS PRINCIPALS, EMPLOYEES AND/OR AGENTS. LESSEE ACKNOWLEDGES NO ONE MAY BE PRESENT ON SITE OF THE PREMISES AND LESSEE ASSUMES ANY & ALL RISKS. 6. INSURANCE OBLIGATIONS OF LESSEE. Lessee shall at its own cost and expense obtain and maintain current insurance to the extent of at least 100% of the actual cash value of the goods stored on the premises covering all loss and/or damage caused by fire, water, theft, vandalism, or any other risk of any kind or nature and to name Lessor an additional insured. Lessee agrees to seek reimbursement for damages to said property solely from the proceeds of such insurance, and Lessor and its principals, employees and agents shall not be responsible for any loss, theft, vandalism of any such property, or damage thereto caused by fire, water theft or any other risk. Lessee acknowledges the possibility of any such loss including fire, theft, damage and vandalism and hereby agrees any such loss shall be solely the responsibility of Lessee. Lessee further agrees to obtain a waiver of any and all insurance companies’ right of subrogation against Lessor and its agents related to the coverage of such insurance. Lessee expressly understands and agrees that Lessor will not be responsible or liable for any loss or damage to Lessee’s property stored. To the extent Lessee fails to obtain or maintain insurance it will be deemed self-insured and to have assumed the risk of loss or damage. 7. This Agreement is for rental of space only. Lessor is simply renting space to Lessee. Lessor does not provide security at the premises and Lessee assumes all risk incidents to security at the premises. 8. In case of default in payment of rent by Lessee or any other covenant of Lessee, Lessor is authorized to seize and take possession of Lessee's property, to store at the expense of Lessee or to sell same at public or private sale upon such notice as may be required by law, and in the event of sale, to apply such portion of the proceeds therefrom as payment of rent or other indebtedness hereunder to Lessor as is necessary to pay same. Lessee agrees that if Lessee is in default, Lessor may sell the goods or RV according to the procedure for sale of goods subject to a lien. 9. Lessee shall not assign, lease or sublease the premises or any portion thereof. 10. Lessee shall not commit nor suffer to be committed any waste upon the premises, or any nuisance or other act or thing which may disturb the quiet peace of premises. 11. Lessee shall not use the premises for any repairs or work on stored items or for any unlawful purpose. The storage of any inflammable or explosive or dangerous materials or illegal drugs or property by Lessee is prohibited. 12. Lessor’s right following the abandonment of property by Lessee. The Lessor may consider any personal property belonging to Lessee and left on the premises to have been abandoned, in which case Lessor may dispose of all such property; including the sale, storage, or other disposition hereof, in which event Lessee hereby releases Lessor of any liability whatsoever. 13. In the event any action shall be instituted in any court to enforce any covenant herein or to recover rent due or to recover possession of the premises for any default or breach of this Agreement, the prevailing party shall be entitled to their reasonable attorney's fees incurred. 14. A service charge of $25 per month shall be charged on all accounts delinquent for five (5) days or more. 15. Any provision of this Agreement determined to be invalid by a court of competent jurisdiction shall in no way affect any other provision herein. 16. All of the provisions hereof shall apply to, bind, and be obligatory upon the heirs, executors, administrators, representatives and successors of the parties hereto. 17. This is the entire Agreement between the parties, there are no other promises except as stated herein and Lessee hereby agrees not to rely on any oral promises of Lessor or Lessor’s agents unless and except if stated in writing. This Agreement may only be modified in a writing signed by both parties. 18. It is agreed this Agreement was entered into in Oklahoma City, Oklahoma and is subject to the laws of the State of Oklahoma. The undersigned has read and understands the terms and nature of this Agreement. VIN Number: 1UJBJOBR1M1TDO128 LESSEE: SIGNATURE [signature] DATE 12/2/2021 LESSOR: K&D RV & Boat Storage by: ___________________________ DATE ____________ REQUIRED ITEMS [✓] Vehicle Registration Copy [✓] Customer Information Sheet [✓] Emergency Contact [✓] Auto Pay [✓] Email Address [✓] Driver License / Identification Copy K&D’s RV & Boat Storage 5303 N Santa Fe Ave Oklahoma City, OK (479) 252-2995 Customer Information Sheet (Required at Time of Move In) 1. Customer Information First Name Jessica Middle Initial L Last Name Conder Company Name (only if customer is a business) Street Address 1935 Ladera ln City Edmond OK State OK Zip 73034 Home Phone 405 - 400 - 3193 Cell Phone Driver's License Number 10034443 License State OK E-MAIL Address [email protected] 2. Alternate Contact Information First Name Robert Middle Initial O Last Name Conder Street Address 1935 Ladera ln City Edmond State OK Zip 73034 Home Phone 405 - 760 - 9106 Work Phone 3. Employer Information Employer Name The Brokerage Street Address 10420 Muirfield Pl. City Edmond State OK Zip 73013 Work Phone 4. Person(s) with Authorized Access 1. _______________________________ Phone Number ___________ - ___________ 2. _______________________________ Phone Number ___________ - ___________ 3. _______________________________ Phone Number ___________ - ___________ 5. Would you like to have an invoice mailed? Yes_____ No X Customer Signature __________________________ Date 12/2/2021 K&D's RV & Boat Storage Credit Card Authorization Form ☐ Auto Pay Credit Card Program is for customers who want to have their credit card automatically charged each month on the date your rent is due. ☐ Phone Authorization Only. To use one of the above services, just complete the information below. Storage Space(s) #__________ Rent Amount $__________ Due Date_______________ Tenant's Name ____________________________________________ Name on Account_____________________________________ Billing Address_____________________________________ Routing #_________________________ Account #_________________________ Account #________________________-________________________-________________________-________________________ Expiration Date__________ Card Type (circle one) Visa or Master Card Security Code __________ I hereby authorize K&D's to charge the above referenced account and to apply said charges toward the payment of my monthly rent for unit number(s) stated above. Said charge authorization is to be in an amount equal to my monthly rent in effect at the time. I understand that it shall remain my obligation to notify K&D's RV & Boat Storage in writing 14 days in advance of my intent to terminate my tenancy, and to pay any prorated amounts of rent that may become due thereof. If the above card is declined for any reason the tenant will be responsible for all rents, late fees and other charges pursuant to the rental agreement. Dated ________________ Customer Signature_____________________________________ Print Customer Name_____________________________________ (please print) K&D's RV & Boat Storage 5303 N Santa Fe Ave Oklahoma City, OK 73118 (479) 252-2995 www.kdrvstorage.com Notice of Possessory Lien Service Oklahoma - Motor Vehicle Services Pursuant to the Provisions of 42 O.S. Chapter 2 This document is to serve as notice to all parties with an interest in the described property of a special lien claim, described hereon. The claimant affirms that the described labor, materials or skill furnished were authorized by the owner of the property and was in fact provided or performed, or the property was abandoned as described. Complete Legal Name of Lien Claimant: DERRICK TABER Business Name (if applicable): ________________________________ Telephone Number: (479) 252-2995 Complete Physical Address: 8576 S Murphree Dr, Broken Arrow, OK 74017 Complete Mailing Address: 8576 S Murphree Dr, Broken Arrow, OK 74017 Property Description: 2021 JAYF 28BHS Jay Flight 1UJBJ0BR1M1TD0128 Year Make Model Identification Number Location of Property: 8576 S Murphree Dr, Broken Arrow, OK 74017 8576 S Murphree Dr, Broken Arrow, OK 74017 Complete Physical Address Complete Mailing Address Details of Service(s) Provided Repairs Requested By (Legal Name): ABANDON Requestor’s Complete Physical Address: ____________________________________________ Requestor’s Complete Mailing Address: ____________________________________________ Itemized Description and Date(s) of Labor or Service(s) Performed, including Material (Continue on reverse, if necessary): List charges claimed for each item, the total of which must equal the total compensation claimed. TITLE FEE $450 STORAGE $5400 Date of Abandonment (if no other service rendered): 01/20/2026 (MM/DD/YY) Date of First Services Rendered: 01/20/2026 (MM/DD/YY) (Pursuant to 42 O.S. § 91, Notice of Possessory Lien must be mailed by certified mail within 60 days of Date of First Services Rendered) Total Amount of Repairs and/or Service Claimed: $5,850.00 Notice is hereby given to the following interested parties (Utilize separate notices, as required, for additional interested parties): If you no longer have a legal or financial interest in the described property, please disregard this notice. (1) Name: Conder Jessica/Conder Robert Complete Mailing Address: 1935 LADERA LN, EDMOND, OK 73034 (2) Name: M & T BANK Complete Mailing Address: PO BOX 17292, BALTIMORE, MD 21297 Signature of Lien Claimant: ____________________________ Contact Person (if business): ____________________________ State of Oklahoma, County of: MUSKOGEE Subscribed'and sworn to before me this 22 day of Jan 2024. My commission expires: ____________________________ Notice: The described property may be subject to delinquent taxes, fees and penalties due the state of Oklahoma. 1) When applicable (refer to instructions), attach either a photograph of the property (Process 1 or Process 2 motor vehicle), or an inspection confirmation (Process 2 other than motor vehicle) of its condition. 2) Attach written proof of authority to perform the work, labor or service.