Beeline Roofing, LLC v. JMK5 Sand Springs LLC

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA BEELINE ROOFING, LLC, Gavin Terry, An individual, GAETA ELECTRIC INC. Plaintiffs. Vs. JMK5 Sand Springs LLC; Defendant; JMK5 Holdings, LLC, Defendant; Jerome Karam, an individual Defendant; Loan Source LLC, Defendant; ILS Lending, LLC, Defendant; ILS Short Fund I LP, Defendant; On Call Services and Rentals, LLC, Defendant; Individual owners, managers, and Alter egos, yet unknown; The Board of County Commissioners of Tulsa County, Defendant; The Tulsa County Treasurer, Defendant; and OCCUPANTS OF THE PREMISES, Defendants. PETITION COMES NOW, the Plaintiff, Beeline Roofing, LLC, (hereinafter “Beeline”) by and through its undersigned attorney, Julia D. Allen, and hereby submits this Petition against Defendants. In support of its Petition, alleges and states as follows: FACTS GENERAL TO ALL ALLEGATIONS 1. Plaintiff/Claimant Beeline is a domestic limited liability corporation with its principal place of business in Tulsa County, Oklahoma and engaged in the business of roofing. 2. Plaintiff Gavin Terry, is an individual and resident of Tulsa County, Oklahoma and performed labor and services for JMK5 Sand Springs LLC. 3. Plaintiff Gaeta Electric, Inc., is a domestic corporation with its principal place of business is Tulsa County, Oklahoma and engaged in the business of electrical work. 4. Defendant JMK5 Sand Springs LLC is an inactive Oklahoma limited liability corporation with its principal place of business at 308 W. Parkwood Suite 104-A, Friendswood, TX 77546 and service may be had upon its registered agent, John Hickey, 521 East @nd Street, Suite 1200, Tulsa, Oklahoma 74120. 5. Defendant JMK5 Holdings LLC is a Texas limited liability corporation, unauthorized to do business in Oklahoma, with its principal place of business at 308 W. Parkwood Suite 104-A, Friendswood, TX 77546. 6. Defendant Jerome Karam, an individual, is an owner, operator and manager of JMK5 Holdings LLC and JMK5 Sand Springs, LLC. 7. Defendant Loan Source, LLC is a Texas limited liability corporation, unauthorized to do business in Oklahoma, with its principal place of business at PO Box 1611, 210 Market Street, El Campo, TX 77437 and may claim some right, claim or interest in the property by way of numerous mortgages filed with the Tulsa County Clerk. 8. ILS Lending, LLC is a Texas limited liability corporation, unauthorized to do business in Oklahoma, with its principal place of business at PO Box 1611, 210 Market Street, El Campo, TX 77437 and may claim some right, claim or interest in the property by way of numerous mortgages filed with the Tulsa County Clerk. 9. ILS Short Fund I LP, is a Texas Limited Partnership, unauthorized to do business in Oklahoma, with its principal place of business at PO Box 1611, 210 Market Street, El Campo, TX 77437 and may claim some right, claim or interest in the property by way of mortgages filed with the Tulsa County Clerk. 10. Upon information and belief, ILS Legacy is a Texas entity, unauthorized to do business in Oklahoma with its principal place of business at 17171 Park Row, Suite 150, Houston, TX 77084. 11. Plaintiff Beeline was hired to provide labor, materials, and services to a commercial project (a marijuana grow and processing facility) at 1200 E. Charles Page Blvd., Sand Springs, Oklahoma 74063 and more particularly described as: CLARK PLAZA SECOND, LT 1 LESS WLY 182.67 THEREOF BLK 1 Section: 12 Township: 19 Range: 11, Tulsa County, Oklahoma according to the recorded plat thereof. 12. Plaintiff Beeline and Defendant JKM5 and its related alter egos entered into a written contract for the work performed on the above property for the payment of $68,500 with the second one-half payment due within one week of completion of the roofing repairs. 13. Plaintiff Gavin Terry was hired to provide labor and services to a commercial project (a marijuana grow and processing facility) at 1200 E. Charles Page Blvd., Sand Springs, Oklahoma 74063 and more particularly described as: CLARK PLAZA SECOND, LT 1 LESS WLY 182.67 THEREOF BLK 1 Section: 12 Township: 19 Range: 11, Tulsa County, Oklahoma according to the recorded plat thereof. 14. Plaintiff Gaeta Electric was hired to provide labor, materials, and services to a commercial project (a marijuana grow and processing facility) at 1200 E. Charles Page Blvd., Sand Springs, Oklahoma 74063 and more particularly described as: CLARK PLAZA SECOND, LT 1 LESS WLY 182.67 THEREOF BLK 1 Section: 12 Township: 19 Range: 11, Tulsa County, Oklahoma according to the recorded plat thereof. 15. JMK5 Sand Springs LLC is the owner of the property described above and located at 1200 E. Charles Page Blvd., Sand Springs, Oklahoma 74063. 16. Upon information and belief, Defendant On Call Services and Rentals, LLC, an inactive Oklahoma Limited Liability Corporation, may claim some right, title, or interest in the Property by virtue of a mechanic’s lien filed January 13, 2026 and service may be had upon its registered agent, Erik McClelland, 11708 E 102nd St. N. Owasso, Oklahoma 74055 17. Upon information and belief, Defendant Moonlight Heat & Air Inc., may claim some right, title, or interest in the Property by virtue of a mechanic’s lien filed November 7, 2025 and service may be had on it at 1112 S Gregory El Reno, OK 73036. 18. Despite numerous demands for payment from the owner of the property and known investors, they have failed and refused to pay Plaintiff for the work performed. 19. On or about November 4, 2025, Plaintiff timely and lawfully filed a lien with the Tulsa County Clerk for the sum of $34,250.00, Document No. L2025012121. 20. This Court has jurisdiction over the parties and subject matter of this action while venue is proper in this Court. FORECLOSURE OF MECHANICS LIEN (BEELINE ROOFING) The above and foregoing paragraphs are incorporated herein as if fully set forth herein. 21. At the request of Defendants, Plaintiff Beeline provided labor, services and materials to a commercial project (a marijuana grow and processing facility) at 1200 E. Charles Page Blvd., Sand Springs, Oklahoma 74063 and more particularly described as: CLARK PLAZA SECOND, LT 1 LESS WLY 182.67 THEREOF BLK 1 Section: 12 Township: 19 Range: 11, Tulsa County, Oklahoma according to the recorded plat thereof. 22. A lawful and timely construction lien was filed thereon with the Tulsa County Clerk with accompanying invoice for the sum of $34,250.00. Document No. L2025012121. 23. Said lien should be foreclosed in favor of Plaintiff Beeline Roofing. FORECLOSURE OF MECHANICS LIEN (GAVIN TERRY) The above and foregoing paragraphs are incorporated herein as if fully set forth herein. 24. At the request of Defendant JMK5 Sand Springs, LLC, Plaintiff Gavin Terry provided labor and services and materials to the commercial project (a marijuana grow and processing facility) at 1200 E. Charles Page Blvd., Sand Springs, Oklahoma 74063 and more particularly described as: CLARK PLAZA SECOND, LT 1 LESS WLY 182.67 THEREOF BLK 1 Section: 12 Township: 19 Range: 11, Tulsa County, Oklahoma according to the recorded plat thereof. 25. A lawful and timely construction lien was filed thereon with the Tulsa County Clerk for the sum of $50,000.00. Document No. L2026000055. 26. Said lien should be foreclosed in favor of Plaintiff Gavin Terry. FORECLOSURE OF MECHANICS LIEN (GAETA ELECTRIC) The above and foregoing paragraphs are incorporated herein as if fully set forth herein. 27. At the request of Defendants, Plaintiff Gaeta Electric provided labor, services and materials to a commercial project (a marijuana grow and processing facility) at 1200 E. Charles Page Blvd., Sand Springs, Oklahoma 74063 and more particularly described as: CLARK PLAZA SECOND, LT 1 LESS WLY 182.67 THEREOF BLK 1 Section: 12 Township: 19 Range: 11, Tulsa County, Oklahoma according to the recorded plat thereof. 28. A lawful and timely construction lien was filed thereon with the Tulsa County Clerk with accompanying invoice for the sum of $58,491.89 Document No. L2025011483. 29. Said lien should be foreclosed in favor of Plaintiff Gaeta Electric. BREACH OF CONSTRUCTION CONSTRUCTIVE TRUST The above and foregoing paragraphs are incorporated herein as if fully set forth herein. 30. Defendants had a fiduciary duty to Plaintiffs to hold monies in trust for the payment of all lienable claims by reason of building or construction. 31. Defendants used those funds for a purpose other than payment of Plaintiffs’ liens. 32. Defendants are in violation of Sections 42 O.S. §§152-153 for failure to hold said funds in trust and forcing Plaintiffs to file mechanics' liens for failure to pay for its labor, services and materials. 33. Plaintiffs should have been the beneficiary of said funds to be held in trust and have been damaged by Defendants' violation of Oklahoma law. 34. Pursuant to Section 153 of Title 42 of Oklahoma statutes, the natural persons having the legally enforceable duty for the management of Defendants are individually liable for the proper payment of Plaintiffs' lienable claims, including Defendant Jerome Kamar and said judgment is not dischargeable in bankruptcy. 35. Also pursuant to Section 153 of Title 42 of Oklahoma statutes, Defendants that received money for payment of Plaintiff's lienable claims that were not used for that purpose are liable for punishment under Section 1451 of Title 21 of the Oklahoma Statutes. 36. The above criminal statute is entitled "Embezzlement" and any person convicted shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than ten (10) years. OPEN ACCOUNT INDEBTEDNESS The above and foregoing paragraphs are incorporated herein as if fully set forth herein. 37. Plaintiffs and Defendants entered into an agreement wherein Plaintiffs performed work and provided services and materials on the above-described properties on behalf of Defendants. 38. Plaintiffs are entitled to judgment, pre-judgment and post-judgment interest for the sum of $34,250.00 (Beeline Roofing), $50,000 (Gavin Terry) and $58,491.00 (Gaeta Electric). 39. Plaintiffs are entitled to all monies owed, attorney’s fees and costs in this action. FRAUD The above and foregoing paragraphs are incorporated herein as if fully set forth herein. 40. Defendants knew or reasonably should have known that failure to pay Plaintiffs would result in mechanics’ liens by Plaintiffs and unjustly enrich Defendants. 41. Defendants took the funds for payment of Plaintiffs’ claims that should have been held in trust and used those funds for a different, unlawful purpose. 42. Plaintiffs relied on Defendants' numerous misrepresentations that payment would be made for the labor, material and services provided by Plaintiffs. 43. All of the above acts were meant to deceive and defraud the Plaintiffs. 44. Defendants' actions were done intentionally and with malice. 45. Plaintiffs are entitled to punitive damages from Defendants. UNJUST ENRICHMENT The above and foregoing paragraphs are incorporated herein as if fully set forth herein: 46. Defendants have unlawfully obtained the benefits of the tangible and intangible assets of Plaintiffs. 47. Defendants' unlawful benefit was and is at the expense of Plaintiffs. 48. Defendants have been unjustly enriched. 49. Plaintiffs have suffered damages as a direct result. ACTION TO PIERCE THE CORPORATE VEIL The above and foregoing paragraphs are incorporated herein as if fully set forth herein, 50. Defendants use corporate entities as a design or scheme to avoid liability and perpetuate fraud on Plaintiffs and other subcontractors. 51. Defendants use corporate entities to defeat public convenience; justify wrong; perpetuate fraud; and potentially criminal activity. 52. The corporate entities should be disregarded, and individual managers and owners be held liable individually. BREACH OF CONTRACTS The above and foregoing paragraphs are incorporated herein as if fully set forth herein, 53. Plaintiffs and Defendant JKM5 and all its alter-egos entered into contracts for the performance of labor services and the providing of materials for the renovation and conversion of the above real property to a marijuana grow and processing facility. 54. Defendants have breached the contract for refusal to pay the sum of $34,250.00 (Beeline Roofing), $50,000 (Gavin Terry) and $58,491.00 (Gaeta Electric). 55. Plaintiffs have been damaged by Defendants' intentional breach of the contract. WHEREFORE, premises considered, Plaintiffs prays they be awarded judgment against Defendants in the sum of for the sum of $34,250.00 (Beeline Roofing), $50,000 (Gavin Terry) and $58,491.00 (Gaeta Electric) together with pre-judgment and post-judgment interest; exemplary or punitive damages, and attorney fees for this action. Plaintiffs further prays that it have judgment, in personam and in rem, of and from the Defendants, in the amount of for the sum of $34,250.00 (Beeline Roofing), $50,000 (Gavin Terry) and $58,491.00 (Gaeta Electric) with accrued interest thereon for the liens and a further judgment against all of the Defendants adjudging; That said mechanics’ liens be foreclosed and that the same be declared valid first and prior liens upon the real estate and premises above described, for and in the amount set forth and order the said real estate and premises sold to satisfy said judgment and the proceeds therefrom applied pro rata to the payment of the costs herein and payment and satisfaction of the judgments and liens of these Plaintiffs, and that the surplus, if any, be paid into Court, to abide the further order of the Court; That all of said Defendants be required to appear and set forth any right, title, claim or interest which they have or may have in and to said real estate and premises, which they, in any way claim, is prior or superior to the lien of Plaintiffs; that the Court adjudicate that all of said claims are subject, junior and inferior of the lien and judgments of these Plaintiffs; and that upon confirmation of said sale, the Defendants herein and each of them, and all persons claiming by, through or under them, since the commencement of this action, be forever barred, foreclosed and enjoined from asserting or claiming any right, title, interest, estate or equity of redemption in and the said premises or any part thereof; and such other and further relief as the Court deems just and appropriate. Respectfully Submitted, JULIA D. ALLEN, OBA #16305 P.O. Box 995 Ketchum, Oklahoma 74349 (918) 671-5775 (539) 444-9728 facsimile [email protected] ATTORNEY'S LIEN CLAIMED