Company claims it was wrongfully evicted after failing to pay rent

By Holland Phillips | Nov 29, 2013

NEW ORLEANS – A company that admits it failed to pay rent on a leased property claims that it did not receive notices for vacation and eviction and is suing the property owners.

D.M. Venture LLC filed suit against Anna Boudousque, Andrew Jaeger, Armand Alciatore, Michael Kieffer and Creative Foods LLC in the Orleans Parish Civil District Court.

The plaintiff claims it was wrongfully evicted from a property it was leasing after making costly permanent upgrades to the space in excess of $15,000 for a new hood system, restaurant equipment, slicer and gas grill.

While the plaintiff admits it failed to pay rent on the space for several months in early 2013 under the assumption that the business was to be sold to the defendant, Michael Kiefer, D.M. Venture claims it offered to pay the back-due rent after negotiations failed in May. Upon receiving no response, the plaintiff attempted to regain access to its business only to find that the keys did not work. The plaintiff discovered that Creative Foods LLC was doing business at the location under the name Jaeger Burger.

The defendants are accused of failing to provide the plaintiff with a notice to vacate or an eviction notice, breach of fiduciary duty, conversion and interference with a contract.

An undisclosed amount in damages is sought for lost profits, attorney's fees, costs of the proceedings and any other relief.

The plaintiff is represented by Andrew Legrand of New Orleans-based Andrew Legrand Law LLC.

The case has been assigned to Division D Judge Lloyd J. Medley.

Case no. 2013-08624.

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