Case No.: D-1329-CV-2021-01741

STATE OF NEW MEXICO
COUNTY OF SANDOVAL
THIRTEENTH JUDICIAL DISTRICT COURT
Case No.: D-1329-CV-2021-01741
DESIGNCO CONSTRUCTION,
Plaintiff,
v.
JENNY KLINGER AND
MOVES MADE EZ, LLC.,
Defendant(s)
COMPLAINT FOR BREACH OF CONTRACT AND FAILURE TO PERFORM
COMES NOW Plaintiff, by and through undersigned counsel, and for his Complaint against Defendants, states as follows:
JURISDICTION
1 . Plaintiff at all material times hereto was and is a resident of the City of Rio Rancho, County of Sandoval, State of New Mexico.
2. Upon information and belief, Defendant Jenny Klinger, at all times material herein, was and is a resident of the City of Rio Rancho, State of New Mexico.
3. Upon information and belief, Defendant Moves Made EZ, LLC., was and is a New Mexico
Limited Liability Corporation doing business in New Mexico.
4. Jurisdiction and Venue are proper in Bernalillo County, State of New Mexico pursuant to NMSA § 38-3-1 (LexisNexis)
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
5. Plaintiff re-alleges and incorporates the foregoing allegations as though they were fully set forth herein, pursuant to Rule 1-010(C)NMRA.
6. Plaintiff and Defendant Jenny Klinger and/or Moves Made Ez, LLC., executed an agreement for construction and house improvement work and repairs to Defendant’s property located at 1 Serna Drive, SE, Rio Rancho, NM 87124.
7. Plaintiff completed the work under the contract and Defendants have failed to pay Plaintiff
CAUSE OF ACTION
8. Plaintiff re-alleges and incorporates the foregoing allegations as though they were fully set forth herein, pursuant to Rule 1-010(C)NMRA.
9. 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.
10. Defendants failed to pay the balance due for services rendered by Plaintiff.
11. 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.
12. To date, Defendants have not paid the balance due and has also indicated their intention not to pay.
13. 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,
By: s/ R. Will Jenkins
R. Will Jenkins
Aragon Law Firm, PC.
2201 Menaul Blvd NE
Albuquerque, NM 87107
Office: (505) 872-3022
Fax: (505) 888-6040
Email: [email protected]
HCS Pub. March 25, April 1, 8, 2022

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