COMPLAINT Plaintiffs, FRANK BIANCO and DEBORAH BIANCO ("Plaintiffs"), by their attorneys, for their Complaint against Defendant, NU U OF LINCOLN PARK ("Defendant"), allege as follows:
1. Plaintiffs are citizens and residents of Illinois and are the landlords in the commercial lease at issue.
2. Defendant Nu U of Lincoln Park ("Nu U") is a Nevada limited liability company with its principal place of business in Nevada, and is a tenant in the commercial lease at issue.
3. The Court has jurisdiction over this lawsuit pursuant to 28 U.S.C. § 1332, because Plaintiffs and Nu U are of diverse citizenship and the amount in controversy, exclusive of interest and costs, exceeds $75,000.00.
4. Venue is proper is this district and division pursuant to 28 U.S.C. §1391(a) because the contractual breaches and statutory violations giving rise to the claims occurred in this district and division.
Allegations Common to All Counts
5. Plaintiffs and Nu U entered into an Assignment and Modification to a Lease Agreement ("Agreement") on September 28, 2007, for the premises at 908 W. Armitage Ave. Chicago, IL 60614 ("Leased Premises".) A true copy of the original Lease and the Agreement are attached hereto as Exhibit 1 and Exhibit 2.
6. Paragraph F of the Agreement states that the Plaintiffs consented to the assignment of the Lease from Purelight d/b/a Purelight Med Spa to Nu U of Lincoln Park d/b/a/ Nu U Med Spa.
7. Paragraph 6 of the Agreement extended the term of the Lease for an additional five years, until May 31, 2014. See Exhibit 2.
8. Nu U of Lincoln Park is a dissolved limited liability company. See Exhibit 3.
9. Under the Nevada Revised Statutes, the dissolution of a limited-liability company does not impair any remedy or cause of action available to or against it or its managers or members arising before its dissolution and commenced within 2 years after the date of the dissolution. See NRS 86.505.
10. In 2010, Nu U failed to make rent payments to Plaintiffs on time, and submitted several checks which were returned for non-sufficient funds. Plaintiffs filed two five-day-notices demanding full payment of overdue rent on January 19, 2010, February 11, 2010 and March 10, 2010, a copy of which are attached hereto as Exhibit 4, Exhibit 5, and Exhibit 6. Nu U failed to make these payments in a timely fashion, as well as several other rent payments through 2010.
11. On January 12, 2011, Nu U wire transferred a $10,600 rent payment to Plaintiffs, which was more than $2000 short of the necessary payment.
12. Nu U failed to pay the remaining balance for the January rent payment and the full balance of the ...