OKC-NHP, LLC v. BOSQUET, LLC

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA OKC-NHP, LLC, a Delaware limited liability company, ) Plaintiff, ) v. ) BOSQUET, LLC, an Oklahoma limited Liability company; ALLISON HOLMES, an individual, ) Defendants. PETITION Plaintiff, OKC-NHP, LLC ("Landlord"), for its causes of action against Defendants, BOSQUET, LLC ("Tenant") and Allison Holmes ("Guarantor") (Tenant and Guarantor are collectively referred to as "Defendants"), alleges and states as follows: PARTIES 1. Landlord is a limited liability company organized and existing under the laws of the State of Delaware and is qualified to do business in the State of Oklahoma. 2. Tenant is an Oklahoma limited liability company, which did business at 6465 Avondale Drive, Oklahoma City, OK 73116 (the "Premises"), and may be served with process through its registered agent, Guarantor, located at 2421 NW 55th Place, Oklahoma City, OK 73112. 3. Guarantor is an individual who executed a Guaranty for the Premises leased by Tenant. Guarantor resides in Oklahoma City, Oklahoma. JURISDICTION AND VENUE 4. Tenant executed a lease with Landlord to do business in Oklahoma County, Oklahoma. 5. The debt which is the subject matter of this suit concerns property located in Oklahoma County, Oklahoma. 6. This Court has jurisdiction over this action, and venue is appropriate. FACTS 7. On March 31, 2021, Tenant executed a written Lease (the “Lease”) with Landlord, for approximately 1,700 square feet of ground floor area at the Premises in Nichols Hills Plaza. The Lease was set to commence upon the earlier of (i) the date Tenant opens for business, or (ii) the ninetieth (90th) day after Landlord notified Tenant the Premises was ready for Tenant to start performing work. The Lease was set to expire sixty months after it commenced. 8. As part of Tenant’s execution of the Lease, Guarantor executed a Guaranty whereby Guarantor unconditionally guaranteed to Landlord the performance of all obligations, covenants, and agreements of Tenant. 9. On July 27, 2021, Tenant executed the First Lease Amendment (collectively, with the Lease, the “Amended Lease”) that modified the Lease, in relevant part, by changing the commencement date to the earlier of (i) the date Tenant opens for business, or (ii) October 1, 2021 (the “Commencement Date”). Tenant opened for business on September 30, 2021. The Amended Lease is set to expire sixty (60) months after the Commencement Date on September 30, 2026. The First Lease Amendment provided that “all of the other terms, covenants and conditions of the Lease shall remain in full force and effect.” In the First Lease Amendment, Guarantor acknowledged and reaffirmed her continued obligations under the Guaranty “to guaranty the full performance of all of Tenant’s obligations under the Lease.” 10. Landlord is now, and was at all times of which it complains, the owner of the Premises. See Affidavit of Andie Ortiz, attached hereto as Exhibit 1. 11. The terms of the Amended Lease required Tenant to pay Minimum Rent and additional rent amounts for the Premises to Landlord, without demand, in equal monthly installments, on or before the first day of each month. The Amended Lease provides that any failure by Tenant to pay Minimum Rent or any other amounts due under the Amended Lease is a default under and breach of the Amended Lease. 12. The Amended Lease also requires Tenant to continuously operate the Premises for the entire term of the Lease and provides that it is a breach of and default under the Amended Lease for Tenant to abandon, vacate, or not do business in the Premises. 13. In the event of a breach or default by Tenant, the Amended Lease dictates that Landlord may recover from Tenant all damages incurred by Landlord due Tenant’s breach or default, including, but not limited to, attorneys’ fees and costs and the costs of recovering the Premises. 14. The Amended Lease further provides that for every day Tenant does not operate its business on the Premises “the Minimum Rent, prorated on a daily basis, shall be increased by fifty percent (50%), such increased sum representing the damages which the parties agree Landlord will suffer by Tenant’s noncompliance.” 15. Tenant has failed to pay rent and other charges as they came due on repeated occasions, beginning in August of 2025 and continuing until the present. Tenant has not paid any rent for seven (7) months. 16. On or around November 15, 2025, Tenant discontinued operations at the Premises and has not operated its business at the Premises since then. Shortly thereafter, Tenant abandoned and surrendered the Premises to Landlord by removing Tenant’s inventory and equipment and disconnecting their phone and email. However, Tenant did not return the keys to the Premises to Landlord as required by section VIII(C) of the Amended Lease. 17. To date, Defendants have failed to remit a payment to Landlord. Defendants now owe Landlord $51,300.79 for past-due rent and other payments required by the Amended Lease. CAUSES OF ACTION I. Breach of Lease 18. Landlord incorporates the preceding paragraphs as if fully set forth herein. 19. Landlord and Tenant executed the Lease on March 31, 2021. 20. On July 27, 2021, Defendants and Landlord executed the First Lease Amendment which, inter alia, extended the Commencement Date until September 30, 2021. 21. Landlord has fully complied with its obligations under the Amended Lease. 22. Because of Tenant’s failure to pay rent, abandonment of the Premises and failure to fulfill other obligations, Tenant is in default and breach of the Amended Lease. 23. As a result of Tenant’s default and breach of the Amended Lease, Landlord is entitled to payment of at least $51,300.79, and any additional late fees, interest, attorney fees, and costs incurred by Landlord to collect this amount. II. Breach of Guaranty of Lease 24. Landlord incorporates the preceding paragraphs as if fully set forth herein. 25. As part of the Amended Lease, Guarantor executed a Guaranty wherein she “absolutely and unconditionally guarantee[d]” Tenant’s “full and prompt payment when due, of all rents, charges and additional sums” due under the Amended Lease, “together with the performance of all covenants and agreements of the Tenant” in the Amended Lease, “together with the full and prompt payment of all damages that may arise or be incurred by Landlord in consequence of Tenant's failure to perform such covenants and agreements." 26. In the Guaranty, "Guarantor further agree[d] to pay all expenses, including attorneys' fees and legal expenses, paid or incurred by Landlord in endeavoring to collect or enforce the [above-mentioned] Liabilities . . . and in enforcing this guaranty." 27. As a result of Tenant's defaults and breaches of the Lease, Guarantor is personally obligated to pay Landlord at least $51,300.79 PRAYER FOR RELIEF Based on the foregoing allegations, Plaintiff OKC-NHP, LLC prays that it be granted judgement against Defendants requiring that: a. Defendants pay as damages all losses sustained by Plaintiff as a result of Tenant's wrongful conduct described herein, in an amount not less than $51,300.79, plus any additional late fees and interest incurred; b. Defendants pay Plaintiff's attorney fees and costs; c. Defendants pay pre- and post-judgment interest on all sums awarded by the Court; and d. For such other and further relief as to which Plaintiff may show itself to be justly entitled. Respectfully Submitted, John M. "Jake" Krattiger, OBA No. 30617 Cole T. McDaniel, OBA No. 35677 GABLEGOTWALS 499 W. Sheridan Avenue, Suite 2200 Oklahoma City, OK 73102 Telephone: (405) 235-5500 Facsimile: (405) 235-2875 [email protected] [email protected] Attorneys for Plaintiff OKC-NHP, LLC IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA OKC-NHP, LLC, a Delaware limited liability company, Plaintiff, v. BOSQUET, LLC, an Oklahoma limited Liability company; ALLISON HOLMES, an individual, Defendants. Case No. _______________________ AFFIDAVIT OF ANDIE ORTIZ STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) ss. Andie Ortiz, being of lawful age, hereby declares under penalty of perjury that the following statements are true and correct: 1. OKC-NHP, LLC ("Landlord") is the owner of the real property located at 6421 Avondale Drive, Oklahoma City, OK 73116 which is the subject of this case. 2. Defendant BOSQUET, LLC ("Tenant") is an Oklahoma limited liability company, which is doing business at 6421 Avondale Drive, Suite 6465, Oklahoma City, OK 73116 (the "Premises"), and may be served with process through its registered agent, Allison Holmes, located at 2421 NW 55th Place, Oklahoma City, OK 73112. 3. Defendant Allison Holmes ("Guarantor") is an individual who executed a Guaranty for the Premises leased by Tenant. 4. Tenant entered into a lease with Landlord whereby Tenant agreed to pay Landlord rent without demand, in equal monthly installments, on or before the first day of each month (the "Lease"). 5. On July 27, 2021, Tenant executed the First Lease Amendment (collectively, with the Lease, the "Amended Lease") that modified the Lease, in relevant part, by changing the commencement date and by extension the term of the Lease. The Amended Lease will expire sixty (60) months after the commencement date on September 30, 2026. 6. As part of the Amended Lease, Guarantor guaranteed the performance of all Tenant's obligations under the Amended Lease. 7. Tenant is in default for the failure to pay rent, to continuously operate its business at the Premises, and to fulfill other obligations under the Amended Lease. Defendants are now indebted to Landlord for at least $51,300.79. FURTHER affiant sayeth not. [Signature] Andie Ortiz SUBSCRIBED AND SWORN to before me this 19th day of February 2026. [Signature] Notary Public My Commission Expires: 12/22/29 Commission No: 78014497