SECOND JUDICIAL DISTRICT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
No. D-202-CV-2018-02643
KARANPREET SINGH SANGHA
Plaintiff,
vs.
DHAVAN PATEL,
TRU SECURITY, INC.,
KRISHNA CORPORATION,
KRISHNA GROUP, LLC., and
GANESH CORPORATION
COMPLAINT FOR BREACH OF CONTRACT AND FAILURE TO PERFORM
COMES NOW Plaintiff, by and through counsel, Aragon Ramsey & Hoon, LLC . (Robert
J. Aragon), for his Complaint against Defendants, states as follows:
1. Plaintiff at all times material hereto was and is a resident of the City of Albuquerque, County or Bernalillo, State of New Mexico.
2. Upon information and belief, Defendants, at all times material herein, was and is a resident of the City of Albuquerque, County of Bernalillo, State of New Mexico.
3. Jurisdiction is proper in this Court pursuant to N.M.S.A 1978, § 8 (A) (1).
(Statement of Facts)
4. Plaintiff and Defendant Dhaven Patel executed a loan agreement on May 5, 2017 for a total amount of thirty thousand ($30,000.00) dollars.
5. Defendant Patel breached his contractual obligation to repay the loan on May 17, 2017 by failing to repay any amount whatsoever due under the repayment terms of the loan.
6. To date, Defendant Patel has failed to repay any amount towards their contractual obligation.
(Cause of Action)
7. Under NMRA 13-823, a material breach of contract occurs when a party fails to do something that is so important to the contract that the failure to perform that obligation defeats an essential purpose of the parties in making the agreement.
8. Defendant Patel failed to repay the loan amount of thirty thousand ($30,000.00) dollars. Plaintiff would not have made the loan but for Defendant Patel’s agreement of repayment Repayment of the loan was essential to the formation of the agreement.
9. Under NMRA 13-822, breach of contract occurs when there is a failure to perform a contractual obligation when that performance is called for or when announcing ahead of time that he or she will not perform a contractual obligation when the time for that performance comes due.
10. To date, Defendant Patel has failed to repay any amount towards his contractual obligation on the thirty thousand ($30,000.00) dollars loan. In addition to the contractual agreement. Defendant Patel admits to owing the amount due in the form of text messages.
11. Defendants have therefore committed a breach of contract under NMRA 13-823 and NMRA 13-822.
WHEREFORE, Plaintiff respectfully requests judgment be entered in his favor and against Defendants for restitution, compensatory damages, costs, and pre-judgment interest from the date of service of this Complaint, and such other and further relief as this Court deems appropriate.
Respectfully submitted,
Aragon Ramsey & Hoon, LLC
/s/ Robert J. Aragon
Robert J. Aragon
2201 Menaul Blvd. N.E.
Albuquerque, New Mexico 87107
(505) 872-3022
Certificate of Service
I hereby certify that I have caused a true and correct copy of the foregoing pleadings to be sent U.S. mail service on the 2nd day of April, 2018 to:
Dhavan Patel
2901 Juan Tabo N.E. # 14
Albuquerque, NM 87112
Krishna Corporation
1620 Carlisle Blvd. S.E.
Albuquerque, NM 87106
True Security, !nc.
7920 Mountain Rd. N.E.
Albuquerque, NM 87110
Krishna Group, LLC
9000 Florence Ave. N.E.
Albuquerque. NM 87122
Ganesh Corporation
9000 Florence Ave. N.E.
Albuquerque, NM 87122
HCS Pub. July 6, 13, 20, 2018
