NEW ORLEANS – A storage company is being accused of breach of contract by a local attorney for repossessing a portable storage container.
Sharon Jacobs and attorney Leonard Davis filed suit against PODS Enterprises Inc. and New Orleans Portable Storage LLC in the Orleans Parish Civil District Court on Jan. 30.
The plaintiffs entered into a contract with PODS on July 7, 2009. The payment of rent for the storage unit, or POD, that they leased was to be charged to Davis’s credit card and the lawsuit claims that monthly charges appeared on the bill. In early September 2011, however, a representative of PODS called Jacobs and accused her of non-payment. When Jacobs explained that charges had appeared on the credit card statement the representative promised to investigate further.
Later that month, on Sept. 21, representatives of the company repossessed the POD and all of its contents. The suit claims the plaintiffs were given no advanced notice of the repossession. When Davis eventually gained access to the POD he learned that its contents had been damages during its removal.
The defendant is accused of breach of contract for failing to properly record payments made by Jacobs, for improperly removing the POD and its contents and for failing to give proper notice of intent to remove POD.
An unspecified amount of damages is sought for the improper actions, including compensation for the damages to the contents of the POD.
The plaintiffs are represented by John S. Creevy from Davis’s firm New Orleans-based Herman, Herman & Katz.
The case has been assigned to Division A Judge Tiffany G. Chase.
Case No. 2013-00973.