BECKLEY – A restaurant is alleged to have defaulted on the terms of a lease for a space at the Crossroads Mall.

WV Crossroads Realty LLC, WV Crossroads CH LLC and WV Crossroads Nassim LLC filed a complaint Feb. 20 in Raleigh Circuit Court against El Mariachi LLC, David McDorman and Richard Rizo alleging violation of implied covenant of good faith and fair dealing.

According to the complaint, on June 30, 2015, El Mariachi agreed to lease certain space at the Crossroads Mall in Raleigh County and McDorman and Rizo personally guaranteed its compliance with the terms of the lease.

The suit states El Mariachi defaulted under the lease and on Dec. 25, 2017, when the mall was closed, took various items that did not belong to it and left many items behind. The restaurant has been closed since that date, the plaintiffs claim.

As of Feb. 1, 2018, the amount of $148,019.82 allegedly is owed by the defendants. 

The plaintiffs seek damages in the sum of $148,019.82, punitive damages, attorney's fees, costs and all further relief as may be just and appropriate. They are represented by William B. Carey in Beckley. The case has been assigned to Circuit Judge John A. Hutchison.

Raleigh Circuit Court case number 18-C-101

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