CHARLESTON — Lewis Gianola PLLC is suing a couple for breach of contract.
Ralph and Brenda Lewis were both named as defendants in the suit.
On Sept. 18, 2009, the plaintiff entered into an agreement where it would represent the defendants in a civil action to set aside the sale of the defendants' property in Charleston, according to a complaint filed in Kanawha Circuit Court.
The defendants agreed that upon the plaintiff delivering a successful legal outcome, the defendants would promptly market the sale of the property through a licensed broker at a reasonable price and the defendants further agreed that after the sale of the property, the plaintiff would be entitled to the first proceeds of the sale to equal the unpaid legal fees and legal costs, according to the suit.
Lewis Gianola claims as a result of the plaintiff's work, the civil action against the defendants was partially dismissed in 2014 and on Feb. 10, 2015, the plaintiff sent a letter to the defendants to inform them that the legal representation had concluded and that the total costs associated with the litigation were $3,777.17 and the attorney fees were $96,153.75.
"Plaintiff enclosed a deed of trust with its final letter to Defendants to secure Plaintiff's interest in the Property although Defendants refused to execute the deed of trust to secure the obligation of one-third of any proceeds from the sale of the property," the complaint states.
When Lewis Gianola again demanded payment, the defendant made a $5,000 payment in August 2021, according to the suit.
The plaintiff claims since the conclusion of the plaintiff's successful legal representation of the defendants in 2014, the defendants have failed to successfully market and sell the property and to tender the legal fees owed to the plaintiff.
Lewis Gianola claims the defendants then abandoned the property and relocated to California, but the property continues every day to lose value as it remains unsold.
The defendants breached their contract with the plaintiff and were unjustly enriched at the plaintiff's expense, according to the suit.
Lewis Gianola is seeking judgment in the amount of $96,153.75. Ann R. Starcher and Mark A. Sadd of the firm are representing it.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 23-C-170