IN THE TRIBAL COURT OF THE CONFEDERATED TRIBES OF THE GOSHUTE INDIAN RESERVATION NEVADA AND UTAH GOSHUTE HOUSING ) AUTHORITY ) Case No. CIV-15-714-200 PLAINTIFF, ) ) -V- ) ) COMPLAINT ) LEO PETE ) DEFENDANT. ) ) COMES NOW the Plaintiff Goshute Housing Authority, by and through its undersigned attorneys, Wagenlander & Heisterkamp, LLC, and states the following for its Complaint against Defendant Leo Pete: FACTS 1. Plaintiff Goshute Housing Authority (hereinafter “Plaintiff Housing”) is a tribal governmental agency established by the Goshute Tribal Council of the Goshute Tribe. 2. Plaintiff Housing currently has a Homelessness Prevention and Assistance Policy that is available to enrolled members of the Goshute Tribe. 3. Defendant Pete submitted a written request to Plaintiff Housing requesting financial assistance to pay for a rent deposit, rent and utility deposit costs for an apartment in Wendover, Nevada. A true and correct copy of Pete’s written request is attached as Exhibit A. 4. Pursuant to their Homelessness Prevention and Assistance Policy, Plaintiff Housing approved Defendant Pete’s request and approved financial assistance in the form of a loan for a total amount of $995.00 for the first month’s rent and rental deposit and $200.00 for the utility deposit. The total amount approved for Defendant Pete was $1195.00, as he requested. 5. On July 16, 2014, Defendant Pete signed a payback agreement in which he agreed to pay Plaintiff Housing $100.00 each pay period until the entire $995.00 was paid back to Plaintiff Housing. A true and correct copy of the Rental Deposit Payback Agreement is attached as Exhibit B. 6. Also on July 16, 2014, Defendant Pete signed a second payback agreement in which he agreed to pay Plaintiff Housing $100.00 each pay period until the entire $200.00 was paid back to Plaintiff Housing. A true and correct copy of the Utility Deposit Payback Agreement is attached as Exhibit C. 7. Despite numerous written requests from Plaintiff Housing, Defendant Pete has failed to make a single payment toward his debt to Plaintiff Housing. A true and correct copy of letters sent to Defendant Pete are attached as follows: September 29, 2014/Exhibit D; October 15, 2014/Exhibit E; January 13, 2015/Exhibit F; May 1, 2015/Exhibit G. 8. As of the date of this Complaint, the current outstanding balance due to Plaintiff Housing is the entire amount owed, $1,195.00. CLAIMS BREACH OF CONTRACT BY FAILURE TO PAY 9. Plaintiff Housing realleges and incorporates by reference each and every allegation contained in paragraphs 1 through 8. 10. Plaintiff Housing has performed all conditions, covenants, and promises required by Plaintiff to be performed in accordance with the terms and conditions of their payback agreements. 11. As of the date of this Complaint, Defendant Pete has breached the Payback Agreements by failing to perform his promise to make the required monthly payback payments to Plaintiff Housing. 12. Plaintiff Housing has suffered damages as a result of Defendant Pete’s breach of their Payback Agreements. UNJUST ENRICHMENT 13. Plaintiff Housing realleges and incorporates by reference each and every allegation contained in paragraphs 1 through 12. 14. Plaintiff Housing provided Defendant Pete with financial assistance so that he could rent an apartment, including rent costs, rental deposit costs and utility deposit costs. 15. Defendant Pete benefited from receiving financial assistance from Plaintiff Housing. 16. Plaintiff Housing have suffered damages and Defendant Pete has been unjustly enriched as a result of receiving financial assistance from Plaintiff Housing and not paying it back. WHEREFORE, Plaintiff Goshute Housing Authority respectfully requests that this Court enter an Order in favor of Plaintiff for: 1. Damages in an amount of $1,195.00; and 2. Costs of the suit incurred herein; and 3. Reasonable attorney’s fees; and 4. Such other relief to Plaintiff as the Court may deem just and proper. DATED this 14th day of July, 2015. WAGENLANDER & HEISTERKAMP, LLC By: ____s/Sylvia Wirba_________ Sylvia Curley Wirba David Heisterkamp II 1700 Broadway, Suite 1202 Denver, CO 80290-1201 (303) 832-6511 FAX (303) 830-2246 Attorneys for Plaintiff: Goshute Housing Authority P.O. Box 6035 713 Tempi POI Rd. Ibapah, UT 84034 4
