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WEST VIRGINIA RECORD

Sunday, November 24, 2024

California bank alleges convenient store failed to comply with contract

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PRINCETON — A California bank is suing a gas station and convenience store, alleging breach of contract and tortious interference.

Hanmi Bank, successor to United Central Bank, filed a complaint March 12 in Mercer Circuit Court against KP Foortmart, Inc. doing business as KP Foodmart, and Kalpeshkumar Patel, alleging the defendants failed to comply with the provisions executed in the deed of trust.

According to the complaint, on July 17, 2008, the bank executed a deed of trust in which it would have access to the Foodmart business property, 605 Rogers St., Princeton, in order to conduct an environmental site assessment and inspect the properly of the defendants. The bank says since December 2017, the defendants have denied the bank its ability to exercise its rights and peaceable access to the property. 

The plaintiff alleges KP Foodmart and Kalpeshkumar Patel have intentionally denied the bank access to the real property and have been unwilling to communicate despite agreeing to the provisions of the deed of trust contract.

Hanmi Bank seeks trial by jury, declaratory judgment, compensatory damages, preliminary injunctive relief and all other relief the court deems just and proper. It is represented by attorneys Randy Saunders and Alexander L. Turner of Nelson Mullins Riley & Scarborough LLP in Huntington.

Mercer Circuit Court case number 18-C-70-MW

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