Belinda A. Bentley v. Ace Moving and Storage LLC d/b/a Ace Moving & Storage

IN THE DISTRICT COURT OF CREEK COUNTY STATE OF OKLAHOMA BELINDA A. BENTLEY, Plaintiff, v. ACE MOVING AND STORAGE LLC d/b/a ACE MOVING AND STORAGE, Defendants. Case No.: CJ 2026-99 PETITION FOR RELIEF COMES NOW the Plaintiff, Belinda A. Bentley, by and through her attorney of record, Ivan Randall Orndorff Jr. of Orndorff Law PLLC, and for her causes of action against the Defendants states and alleges as follows: JURISDICTION AND VENUE 1. This Court has subject-matter jurisdiction because the amount in controversy exceeds $10,000.00, exclusive of interest and costs. 2. Venue is proper in Creek County because the Defendant transacts business in this county, the contract was performed (in part) in this county, and the tortious acts and damages substantially occurred here. PARTIES 3. Plaintiff Belinda A. Bentley is an individual residing in Midwest City, Oklahoma County, State of Oklahoma. 4. Defendant Ace Moving and Storage d/b/a Ace Moving & Storage LLC is a domestic for profit business corporation organized under the laws of the state of Oklahoma with its principal place of business in Sapulpa, Oklahoma. FACTS COMMON TO ALL COUNTS 5. On March 18, 2025, Ace provided a written, non-binding estimate for the home located at 3628 Rolling Lane Circle, Midwest City, Oklahoma. In April 2025, Plaintiff engaged Ace Moving and Storage to pack, load, store, and later deliver her household goods and a 1995 Ford Van from Midwest City, Oklahoma, to her property at 3371 S. 255th W. Ave., Sand Spring, Oklahoma. 6. Ace provided a written non-binding estimate dated March 18, 2025, and made oral and written representations about the services, including that clearly marked boxes and items would be delivered directly to Plaintiff (not placed in storage), that food and personal necessities would not be stored, and that a dedicated organizer would ensure proper handling. 7. On or about December 2–3, 2025, Ace’s crew packed and loaded Plaintiff’s property. Plaintiff personally walked the crew through every room, showed them every marked box (including those marked “KITCHEN/PANTRY,” “HEAVY – DO NOT STACK,” “FRAGILE,” and boxes labeled for immediate delivery with her), and explicitly instructed that certain items (medication, titles, probate documents, clothing, tools, and business records) were not to be taken to storage. 8. Ace delivered only a partial load. The inventory paperwork did not match the items received. Numerous boxes clearly marked for delivery with Plaintiff (including food and medication) were instead sent to Ace’s storage facility. Ace then refused further deliveries and sent Plaintiff a blackmail email cutting off all services unless she paid additional charges. 9. Kasey Clark, an employee and agent of Ace, verbally assured Plaintiff in summer 2025 that no debris-removal charge would be assessed because Plaintiff had already paid the workers $100 cash personally; Ace nevertheless billed and continues to bill Plaintiff $300–$1,145.30 for that service. 10. Kasey Clark, an owner and agent of Ace, and Kendra Evans, an employee and agent of Ace assured Plaintiff in writing that a thorough review would be forthcoming. At present, that review has been refused. 11. Ace has continued to charge monthly storage fees (including a $300 “debris” surcharge in one month) and refuses to release Plaintiff’s property unless she pays approximately $12,235.95 in disputed charges. Plaintiff has already paid Ace over $5,249.31 in storage fees under protest as of January 27, 2026. 12. As a direct result, Plaintiff has been deprived of essential personal, medical, business, and legal documents; has incurred massive replacement costs; has suffered severe exacerbation of documented chronic health conditions as evidenced by her physician; has lost business opportunities; and has been forced to incur temporary housing, rezoning, well-drilling, and other consequential expenses totaling well over $50,000.00. COUNT I – BREACH OF CONTRACT 13. Plaintiff re-alleges and incorporates paragraphs 1–12 as though fully set forth herein. 14. On or about March 18, 2025, Plaintiff and Defendant Ace Moving and Storage, LLC entered into a written contract (the “Estimate,” attached as Exhibit A) whereby Ace agreed to provide packing, loading, storage, and delivery-out services for Plaintiff’s household goods in exchange for payment. 15. The Estimate incorporated by reference Plaintiff’s explicit oral and written instructions, including that (a) boxes clearly marked “KITCHEN,” “PANTRY,” “HEAVY – DO NOT STACK,” “FRAGILE,” and “DO NOT STORE – DELIVER WITH ME” would be delivered directly to Plaintiff at her new location and would not be placed in storage; (b) food, medication, probate documents, vehicle titles, business records, and personal necessities would not be stored; and (c) a dedicated organizer would ensure proper sorting and handling. 16. Plaintiff fully performed her obligations under the contract by paying Ace thousands of dollars in advance, marking every box as instructed, walking the crew through every room on December 2–3, 2025, and providing additional cash payments to workers. 17. Ace materially breached the contract in the following respects: a. Ace failed to deliver the partial load on or about December 2025 with an accurate inventory; the Customer Check-Out Sheet (Exhibit B) contains numerous handwritten notations of “duplicates – already in #4 van,” crossed-out items, and mismatches between the paperwork Ace sent and the boxes actually delivered. b. Ace placed dozens of boxes clearly marked for immediate delivery (including food, medication, clothing, tools, probate documents, and the 5th-wheel title) into its storage facility in Sapulpa, Oklahoma, as shown in the Photo Explanations PDFs (Exhibits C & D). c. Ace refused to complete delivery and sent a blackmail email cutting off all further services unless Plaintiff paid additional disputed charges. d. Despite Kasey Clark’s express verbal assurance in summer 2025 that no debris-removal charge would be assessed (because Plaintiff had already paid the two workers $100 cash personally), Ace billed and continues to bill Plaintiff $300–$1,145.30 for that service (see July 2025 invoice line item and January 27, 2026 email from Kendra Evans, Exhibit E). e. Ace has continued to assess and demand monthly storage fees (including the current demand of $12,235.95 set forth in Jason Clark’s February 16, 2026 email, Exhibit F) while wrongfully withholding Plaintiff’s property. 18. As a direct and proximate result of Ace’s breaches, Plaintiff has suffered damages in excess of $75,000.00, including: replacement costs of lost clothing, shoes, tools, dishes, and food; temporary housing and RV lot rent; propane and utilities; extra non-temperature-controlled storage in Cleveland, Oklahoma; INCOG rezoning fees; well-drilling costs already incurred; lost business opportunities and probate delays; and severe exacerbation of documented chronic medical conditions. COUNT II – NEGLIGENCE 19. Plaintiff re-alleges and incorporates paragraphs 1–18 as though fully set forth herein. 20. Ace owed Plaintiff a duty to exercise ordinary care in the handling, packing, loading, inventorying, storage, and delivery of her household goods, including the duty to follow her explicit instructions and industry standards for labeling and segregation of items. 21. Ace breached that duty by: a. Stacking boxes clearly marked “FRAGILE” and “DO NOT STACK” on the bottom while placing “HEAVY,” “POTS & PANS,” and “DISHES” boxes on top, as shown in the photographs in Exhibits C & D; b. Failing to segregate and deliver with Plaintiff the boxes she personally marked and showed the crew (including food, medication, titles, and probate documents); c. Leaving irreplaceable personal property behind at the origin (ladder hand-made by Plaintiff’s deceased father, shelf behind toilet, mother’s trash can, curtain, wood, rocks, drain snake, and tables) which were later discarded or damaged; d. Taking perishable food items to storage in violation of Plaintiff’s instructions and industry practice; e. Providing an inaccurate and internally inconsistent inventory (Exhibit B) that prevented Plaintiff from verifying what was stored versus delivered; and f. Refusing to release any further items or correct the errors despite repeated demands. 22. Ace’s negligence was the direct and proximate cause of the damages set forth herein above, including the severe stress-induced exacerbation of Plaintiff’s documented inflammatory diseases, degenerative joint disease, and elevated cortisol levels. COUNT III – CONVERSION 23. Plaintiff re-alleges and incorporates paragraphs 1–22 as though fully set forth herein. 24. Plaintiff is the owner of the personal property at issue (household goods, clothing, medication, documents, tools, etc.). 25. Ace wrongfully exercised dominion and control over that property by: (a) placing clearly marked non-storage items into its warehouse without authorization; (b) refusing to deliver or return the property unless Plaintiff first paid disputed charges; and (c) continuing to charge storage fees on items that were never supposed to be stored. 26. Plaintiff has made repeated demands for the return of her property and attempted good-faith negotiations to resolve the genuine dispute of costs. Ace has refused, and continues to refuse, unless Plaintiff pays the disputed amounts. 27. As a direct result, Plaintiff has been deprived of the use and possession of her property and has suffered the damages set forth herein above, including the permanent loss or destruction of irreplaceable antiques, family heirlooms, and other items. COUNT IV – FRAUD 28. Plaintiff re-alleges and incorporates paragraphs 1–27 as though fully set forth herein. False Material Misrepresentations: a. On or about November 2025, and continuing through December 2–3, 2025, at Plaintiff’s residence in Midwest City, Ace (through its agents, including the move consultant Laura Carreno and on-site crew) represented that all boxes and items clearly marked by Plaintiff for delivery with her (including food, medication, titles, probate documents, clothing, and business records labeled "KITCHEN/PANTRY," "DO NOT STACK," "FRAGILE," etc.) would be delivered directly to her and would not be placed in storage. b. In summer 2025, Defendant Kasey Clark expressly represented to Plaintiff (in telephone conversations) that no debris-removal charge would be assessed because Plaintiff had already paid the workers $100 cash personally. c. Ace represented that it would provide a dedicated organizer and would follow Plaintiff’s explicit sorting instructions. 29. These representations were false when made. Ace knew they were false or made them recklessly without knowledge of the truth. Ace made the representations with the intent that Plaintiff rely on them in deciding to hire them, pay in advance, and allow her property to be handled by the company. 30. Plaintiff justifiably relied on these representations: she marked every box as instructed, walked the crew through the house, and paid Ace thousands of dollars. 31. As a direct and proximate result of her reliance, Plaintiff has suffered damages in excess of $75,000.00, including replacement costs of lost items, extra storage and housing expenses, medical exacerbation, lost business opportunities, probate delays costing over $15,000.00, and other consequential damages. 32. The Defendant’s misrepresentations were made with oppression, fraud, and malice, entitling Plaintiff to punitive damages under 23 O.S. §9.1. COUNT V – REPLEVIN 33. Plaintiff re-alleges and incorporates paragraphs 1–32 as though fully set forth herein. 34. Plaintiff is the owner of, and entitled to immediate possession of, specific and identifiable personal property currently in the wrongful possession and control of Defendant (the “Property”), including but not limited to all household goods, clothing, medication, food, probate documents, vehicle titles, business records, tools, and other items that Plaintiff clearly marked “KITCHEN/PANTRY,” “DO NOT STORE – DELIVER WITH ME,” “FRAGILE,” “HEAVY – DO NOT STACK,” or otherwise designated for immediate delivery with her and that were never authorized for storage. Additionally, items which were collected and remained detained from the Plaintiff are business records and legal document which are not replaceable. 35. Defendant has wrongfully detained the Property by placing it in storage, refusing to release or deliver it despite repeated demands, and conditioning its return on payment of disputed charges. 36. Plaintiff has an immediate and continuing right to possession of the Property, and Defendant’s detention is causing ongoing and irreparable harm, including loss of use, additional expenses, and severe exacerbation of Plaintiff’s documented medical conditions. 37. Pursuant to 12 O.S. § 1571 et seq., Plaintiff is entitled to an order of replevin directing the immediate return and delivery of the Property to her, or in the alternative, judgment for the value of the Property together with damages for its wrongful detention. COUNT VI – VIOLATION OF THE OKLAHOMA CONSUMER PROTECTION ACT 38. Plaintiff re-alleges and incorporates paragraphs 1–37 as though fully set forth herein. 39. Defendant’s acts and practices, including false representations regarding delivery of marked items, the assurance that no debris-removal charge would be assessed, the email conditioning further services on payment of disputed charges, overbilling, and threats to sell Plaintiff’s property without proper notice, constitute deceptive and unconscionable trade practices in violation of 15 O.S. §753. 40. As a direct and proximate result of these violations, Plaintiff has suffered damages in excess of $75,000.00. 41. Plaintiff is entitled to actual damages, treble damages for willful violations, attorney fees, and costs pursuant to 15 O.S. § 761.1. COUNT VII – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 42. Plaintiff re-alleges and incorporates paragraphs 1–41 as though fully set forth herein. 43. Defendant’s conduct — knowingly withholding medication, probate documents, business records, and necessities while aware of Plaintiff’s documented chronic health conditions, sending coercive communications, and threatening to sell her entire life’s possessions — was extreme and outrageous and exceeded the bounds of decency. 44. As a direct and proximate result, Plaintiff has suffered severe emotional distress and the documented physical exacerbation of her inflammatory diseases, degenerative joint disease, and elevated cortisol levels (as evidenced by her physician). 45. Plaintiff is entitled to compensatory and punitive damages. COUNT VIII – DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF 46. Plaintiff re-alleges and incorporates paragraphs 1–45 as though fully set forth herein. 47. An actual controversy exists regarding Defendant’s claimed lien and threatened sale of Plaintiff’s property. 48. Plaintiff is entitled to a declaration that Defendant has no valid lien or right to sell the property and has failed to comply with statutory notice and sale requirements. 49. Plaintiff further seeks a temporary restraining order, preliminary injunction, and permanent injunction preventing Defendant from selling, disposing of, or interfering with her property pending final resolution of this action. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against the Defendants, jointly and severally, as follows: A. Actual damages in excess of $75,000.00; B. Punitive damages on the fraud count; C. Pre-judgment and post-judgment interest; D. Costs and attorney fees (if recoverable); and E. Such other and further relief as the Court deems just and proper. Respectfully submitted, [signature] Ivan Randall Orndorff Jr. OBA#30665 ORNDORFF LAW PLLC 320 South Boston Ave. Ste. 1130 Tulsa, OK 74103 Tel.: 918.560.0346 [email protected] VERIFICATION STATE OF OKLAHOMA ) COUNTY OF TULSA ) ss. BELINDA BENTLEY, of lawful age, duly sworn on her oath, does acknowledge and affirm that she has read the foregoing instrument and the information contained therein and understand the same to be true and correct to the best of her understanding, knowledge, and belief. [Signature] BELINDA BENTLEY Subscribed and sworn to before me on this 10th day of MARCH, 2026. [Signature] Notary Public My Commission Expires: 3-11-24 My Commission Number: 25002912