Nevada District Court Case A585690: Trojan Air Services, LLC Vs Eagle Jet Aviation, INC

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COM
JEFFERY A. BENDAVID, ESQ.
Nevada Bar No.: 6220
MORAN LAW FIRM, LLC
630 S. Fourth Street
Las Vegas, Nevada 89101
(702) 384-8424
(702) 384-6568 -facsimile
Attorney for Plaintiff,
Trojan Air Services, LLC
FILED
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DISTRICT COURT
8
CLARK COUNTY, NEVADA

9
10
TROJAN AIR SERVICES, LLC,

an Arizona Limited Liability Company,
11
Plaintiff,
12 vs.
13
EAGLE JET AVIATION, INC.;

DOES I through X; ROE
14
CORPORATIONS I through X; inclusive
Defendants.
1$
)
)
) Case No
) Dept. No.:
)
)
)
)
)
16
COMPLAINT
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18
COMES NOW, Plaintiff, TROJAN AIR SERVICES, LLC, by and through
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its undersigned attorney, JEFFERY A. BENDAVID, ESQ. of the MORAN LAW
20
FIRM, LLC, hereby files this Complaint, and alleges and complains as follows.
21
I.
PARTIES
f*
c r y
c r>
c r>
CNJ
1.
Plaintiff, TROJAN AIR SERVICES, LLC, (hereinafter TROJAN
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I B
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i p
a t*
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AIR or Plaintiff), an Arizona Limited Liability Company, was at all times
%
fi5
mentioned herein, an Arizona Limited Liability Company organized in the State of

Arizona and conducting business in Clark County, Nevada.
ME
_______
27
2.
At all times mentioned herein, Plaintiff is informed and believes
28
MORAN LAWFlRMuc that Defendant, EAGLE JET AVIATION, INC. (hereinafter, EAGLE JET or
MOHAN I l k N p O N
H N P A V I P HO RA N
630 South 4 th Street

Las V egas, N evada 89101
PHONE: (702) 384-8424
FAX: (702) 384-6568
Page 1 of 15
1 Defendant), was and is a Nevada Corporation, duly authorized to conduct

2
business in the County of Clark, State of Nevada.
3.
That the names and capacities of Defendants DOES I through X,
and ROE CORPORATIONS I through X, whether individual, corporate, associate

5
or otherwise, are unknown to Plaintiff at the time of the filing of this Complaint,
and Plaintiff therefore sue said Defendants by such fictitious names. Plaintiff is
informed and believes, and therefore alleges, that each of the DOE and ROE
Defendants is legally responsible for the injuries and damages to the Plaintiff as
10
herein alleged. At such time that the Plaintiff determines the true identities of
11
DOES I through X, and ROE CORPORATIONS I through X, Plaintiff will amend

12
this Complaint to set forth the proper names of those Defendants, as well as
13
14
asserting appropriate charging allegations. Specifically, Plaintiff is informed and
15
believes that each of the DOE and ROE Defendants intentionally breached, or
16
caused to be violated, the subject Aircraft Management Agreement between
17
Plaintiff and Defendant, and/or caused the unlawful detainment or conversion of
18
Plaintiffs property.
19
II.
GENERAL ALLEGATIONS
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21
22
23
5.
The allegations of paragraphs 1 through 4 of this Complaint are
incorporated by reference herein with the same force and effect as set forth in full
below.
24
6.
Plaintiff, is the owner of a Learjet 55 Aircraft bearing
25
26
manufacturers serial number 55-039 and Federal Aviation Administration

("FAA) registration number N339BC (hereinafter the Aircraft).
Moran
law Firm llc
B
womn
randon
b i n p a v i d mo ra n
630 South 4th Street

Phone: (702) 384-8424
Fax: (702) 384-6568
Page 2 of 15
7.
Defendant is a Management Company, which allegedly possesses
expertise in the aviation industry and specifically in the business of managing the
3
operations of executive jet Aircrafts.

4
8.
On or about February 1, 2007 Plaintiff, entered into an Aircraft
5
6
7
8
9
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Management Agreement with EAGLE JET (hereinafter Aircraft Management

Agreement).
9.
Pursuant to the Aircraft Management Agreement, Defendant was to
provide Consulting and Management Services to Plaintiff, including but not

limited to:
11
a. Providing and supervising duly licensed and qualified pilots,

12
mechanics, cabin attendants and flight operations personnel;

13
4
14
b. Arranging and supervising Aircraft maintenance and flight

personnel training;
15
16
c. Obtaining and maintaining required insurance and supervising
17
18
compliance with insurance policies;

d. Serving as a liaison with aviation regulatory agencies;
19
e. Providing flight and maintenance scheduling and communications;

20
f. Scheduling the flight crew and support personnel;

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g. Arranging for over flight permits, landing permits, clearances, and

ground handling for domestic and international destinations;
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h. Arranging for hanger and office space at the Aircrafts operating
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26
ME
27
base;
i.
Providing Aircraft storage arrangements at temporary operating

bases and other locations as required;
28
Moran Law
Firm LLC
fttNDAviD Mohan
Phone: (702) 384-8424
Fax: (702) 384-6568
Page 3 of 15
j.
Providing travel support services associated with the daily

operation, maintenance, flight scheduling and administration of the
Aircraft;
4
k. Recordkeeping and supervision of the Aircraft log books, date,
records, reports and subscriptions so they are maintained in an
updated and current condition;
l. Preparing an annual detailed budget and quarterly management
reports that include variances to the annual budget;
10
m. Bookkeeping, accounting, budgeting and organizing administrative
11
systems with respect to the operation of the Aircraft; and

12
n. Any other management and administrative services required to

13
carry out the purpose of the Management Agreement.
14
15
10.
Pursuant to the Aircraft Management Agreement, Defendant was
16 also required to place the Aircraft on Defendants Air Carrier Operating Certificate
17
18
and conduct charter flights with Plaintiffs Aircraft in compliance with all
applicable laws, rules and regulations.
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11.
Plaintiff was to receive revenue from all charter flights equal to the
20
revenue minus operating costs, Defendants Administration fee and an additional

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compensation to Defendant in the form of fifteen percent (15%) of charter

revenues.
12.
Pursuant to the terms and conditions of the Aircraft Management
Agreement, Defendant was responsible for paying Plaintiff this revenue after
deducting the aforementioned fees and costs.
13.
Plaintiff learned that between the period of May 2007 and
28
moj^ dLawfi^ llc

Las V egas. N evada 89101
PHONE: (702) 384-8424
Fax: (702) 384-6568
November 2007, its Aircraft had been chartered and utilized by EAGLE JET on
Page 4 of 15
1 numerous occasions, for which Plaintiff had not been provided a complete
2
accounting nor correct compensation.
14.
Plaintiff further discovered that it had been overcharged for fixed
costs in November 2007.

5
15.
Plaintiff requested from Defendant all outstanding monies owed
and a full accounting of all flights, expenses, and other miscellaneous costs
associated with its Aircraft; however, Defendant has refused to fully comply with
Plaintiffs request.
10
III.
FIRST CAUSE OF ACTION
(Breach of Contract)
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12
16.
Plaintiff repeats and realleges each of the allegations in Paragraphs
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14
15
16
17
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1 through 15 of this Complaint as though the same were fully set forth herein
verbatim.
17.
A valid written agreement was entered into between Plaintiff and
Defendant on February 1,2007, which is entitled "Aircraft Management

Agreement.
19
18.
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Agreement Defendant was required to provide Aircraft Management and Charter

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Services to Plaintiff.
19.
In addition. Defendant was responsible for paying Plaintiff all
charter revenue after deducting operating costs and the aforementioned fees.
20.
Defendant breached this agreement when it failed to compensate
Plaintiff in any way for unauthorized complementary flights taken at the end of
May 2007 and also failed to fully compensate Plaintiff for certain flights taken in
MORAN LAWFIRMllc November 2007.

Phone: (702) 384-8424
Fax: (702) 384-6568
Page 5 of 15
1
2
21.
A sa direct result of Defendants breach, Plaintiff has sustained
damages in an amount in excess of Ten Thousand Dollars ($10,000), the exact
amount to be proven at trial.

4
22.
It has also been necessary for Plaintiff to retain the services of
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counsel to represent it in the above-entitled claim, and Plaintiff should be awarded

reasonable attorneys fees.
IV.
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10
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SECOND CAUSE OF ACTION

(Breach of the Implied Covenant of Good Faith and Fair Dealing)
23.
12
13
verbatim.
14
15
24.
Plaintiff and Defendant are parties to a February 1, 2007 Aircraft
Management Agreement.
16
25.
Defendant owed Plaintiff a duty to act in good faith and deal fairly
17
18
19
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with Plaintiff with regards to the February 1, 2007 Aircraft Management

Agreement.
26.
Defendant breached the duty of good faith and fair dealing owed to
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Plaintiff by performing under the February 1, 2007 Aircraft Management
22
Agreement in a manner that is unfaithful to the purpose of the agreement,
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specifically by chartering Plaintiffs Aircraft without providing Plaintiff with the
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appropriate compensation or accounting.

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27.
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responsible for paying Plaintiff all charter revenue after deducting operating costs
and the aforementioned fees Defendant used Plaintiffs Aircraft for charter flights
Moran Law Firm LUC

MO IA N
1 1 A N DO N I l . p x V I D U O i a n

Las Vecas, N evada 89101
Phone: (702) 384-8424
Fax: (702) 384-6568
Page 6 of 15
1 and did not provided Plaintiff with proper or complete compensation, thus
2
resulting in a breach of the Aircraft Management Agreement and Defendants duty
of good faith and fair dealing to Plaintiff.

4
28.
Plaintiff s justified expectations were denied as a result of
6
7
Defendants aforementioned breaches.

29.
As a result of the Defendants breach. Plaintiff has sustained
10
30.
It has been necessary for Plaintiff to retain the services of counsel
11
to represent it in the above-entitled claim, and Plaintiff should be awarded

12

13
V.
THRID CAUSE OF ACTION
(Breach of Contract)
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15
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31.
Plaintiff.repeats and realleges each of the allegations in Paragraphs
verbatim.
32.
A valid written agreement was entered into between Plaintiff and
20
Defendant on February 1, 2007, which is entitled Aircraft Management

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22
23
Agreement.
33.
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Agreement Defendant was required to provide Aircraft Management and Charter
25
Services to Plaintiff.
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34.
In addition, Defendant was responsible for paying Plaintiff all
charter revenue after deducting operating costs and the aforementioned fees.
28
MORAN LAWFIRMI1C
PHONE: (702) 384-8424
Fax: (702) 384-6568
Page 7 of 15
1
2
35.
For the month of November 2007, Defendant charged Plaintiff for a
full month of fixed expenses for the maintenance director and hanger rent even
though the Aircraft was only used until November 18, when it was returned to the
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3
6
7
8
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Plaintiff.
36.
This overcharging is a breach pursuant to the terms and conditions
of the Aircraft Management Agreement.

37.
A sa result of the Defendants breach. Plaintiff has sustained

11
38.
12

13
14

VI.
FOURTH CAUSE OF ACTION
(Breach of the Implied Covenant of Good Faith and Fair
15
16
17
Dealing)
18
39.
19
20
verbatim.
21
22
23
24
40.
Plaintiff and Defendant are parties to a February 1,2007 Aircraft
Management Agreement.
41.
Defendant owed Plaintiff a duty to act in good faith and deal fairly
25
with Plaintiff with regards to the February 1, 2007 Aircraft Management
26
Agreement.
27
42.
Defendant breached the duty of good faith and fair dealing owed to
28
mor^ dLawFirm LLC

Las Vegas, N evada 89101
P h o n e : (702) 384-8424
Fax: (702) 384-6568
Plaintiff by performing under the February 1,2007 Aircraft Management

Page 8 of 15
1 Agreement in a manner that is unfaithful to the purpose of the agreement,

2
specifically by not prorating charged costs to the Plaintiff and thus overcharging
Plaintiff for fixed monthly costs.

4
43.
Plaintiff s justified expectations were denied as a result of
6
7
Defendants aforementioned breaches.

44.
A sa direct result of Defendants breach. Plaintiff has sustained
10
45.
II
12

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VII.
FIFTH CAUSE OF ACTION
(Conversion)
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15
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46.
verbatim.
47.
Defendant had a duty to provide Plaintiff with full payment for the
20
use of Plaintiffs Aircraft pursuant to the Aircraft Management Agreement;

21
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23
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however this duty was breached when Defendants did not provide Plaintiff with
proper or complete compensation on numerous occasions.
48.
Defendant has unlawfully retained money that was due to the
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Plaintiff from the use of the Aircraft, pursuant to the Aircraft Management
26
Agreement.
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IM
E
VtORAN LAWFIRMux:
28
U n u
IM K OO H
( E N D A V I D MOHAN
630 Sou th 4 th S treet

Phone; (702) 384-8424
Fax: (702) 384-6568
Page 9 of 15
1
2
49.
As a result, Defendant has wrongfully and intentionally held
dominion over Plaintiffs property for an extended period of time and refused to
supply it in accordance with the repeated demands of Plaintiff'

4
50.
As a direct result of Defendants unlawful conversion. Plaintiff has
3
6
7
sustained damages in an amount in excess of Ten Thousand Dollars ($10,000), the

exact amount to be proven at trial.
51.
9
10

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VIII.
SIXTH CAUSE OF ACTION
(Monies Owed)
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52.
14
15
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The allegations of paragraphs 1 through 51 of this Complaint are
incorporated by reference herein with the same force and effect as set forth in full
below.
53.
responsible for paying Plaintiff all charter revenue after deducting operating costs
and the aforementioned fees.
20
54.
Defendant failed or refused to pay all money owed to Plaintiff for
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22
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the use of the Aircraft pursuant to the Aircraft Management Agreement.

55.
A sa result, Defendants owe moneys to Plaintiff for an amount in
excess of Ten Thousand Dollars ($10,000).

56.

28
M
oran Law Firmllc
MOHAN fcBANDON BlKDAVIO MOHAN
Las V egas. N evada 89101
Phone : (702) 384-8424
Fax: (702) 384-6568
Page 10 of 15
IX.
SEVENTH CAUSE OF ACTION
(Accounting)
2
3
57.
5
6
7
8
9
10
verbatim.
58.
Plaintiff has made several allegations regarding breach of contract
and damages as a result of Defendants actions.

59.
Further, pursuant to the terms and conditions of the Aircraft
Management Agreement, has a right to examine all Defendants business
11
records relating to the operations provided under the Agreement and to audit
12
those records.
13
14
15
60.
In order for Plaintiff to obtain a proper judgment on these claims,
an accounting of all activities taken by Defendant with regards to Plaintiffs
16
Aircraft, and all expenses, costs and revenues incurred by way of use or
17
maintenance of Plaintiff s Aircraft is required.
18
19
61.
An accounting is also required in order to identify, establish, and
authenticate the damages incurred by Plaintiff, in this matter.
20
62.
It has been necessary for Plaintiff to retain the services of counsel
21
22
23
to represent it in the above-entitled claim, and Plaintiff should be awarded

24
In the event that a valid written agreement is not found to exist between
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the Plaintiff and Defendant, TROJAN AIR asserts a cause of action for unjust
enrichment.
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Moran Law Firm LLC

MORAN B R AN D ON BENDAVI D MORAN
ATTO.NIT. AT U

Phone : (702) 384-8424
Fax: (702) 384-6568
Page 11 of 15
X.
EIGHTH CAUSE OF ACTION
(Unjust Enrichment)
63.
5
6
7
verbatim.
64.
Upon information and belief. Plaintiff was informed that Defendant
chartered flights upon Plaintiffs Aircraft, to Plaintiffs detriment, without properly
compensating or providing Plaintiff an accounting of such flights.
10
11
65.
Defendant unjustly retained the benefit and use of Plaintiffs
Aircraft and did so without complete or proper compensation to Plaintiff.
12
66.
Defendants actions are against fundamental principles of justice or
13
14
equity and good conscience. As a direct result of these actions, Plaintiff has
15
sustained damages in an amount in excess of Ten Thousand Dollars ($10,000), the
16
exact amount to be proven at trial.
17
18
19
67.

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WHEREFORE, Plaintiff, TROJAN AIR SERVICES, LLC prays for Judgment

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against Defendant, EAGLE JET AVIATION, INC. as follows:

Plaintiffs First Cause of Action for Breach of Contract:
24
1.
Actual damages in excess of $ 10,000.00;
25
2.
Special damages in an amount to be proven at the time of Trial;
26
3.
Attorneys fees and costs of suit incurred herein;
4.
For pre-judgment interest dating from the date of filing of this

Complaint; and
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MORAN
LAWFIRMuc
OMN IRAHDGH BENDAVID HOllN
PHONE; (702) 384-8424
Fax: (702) 384-6568
Page 12 of 15
5.
Such other and further relief as the Court may deem just and
proper in the premises.
Plaintiffs Second Cause of Action for Breach of the Implied Covenant of Good
Faith and Fair Dealing:
1.
Actual damages in excess of $10,000.00;
2.
3.
4.

Complaint; and
5.
Such other and further relief as the Court may deem just and proper
in the premises.
7
8
9
10
11
32
13
14
15
Plaintiffs Third Cause of Action for Breach of Contract:

1.
2.
3.
4.

Complaint; and
5.
Such other and further relief as the Court may deem just and
proper in the premises.
16
17
20
Plaintiffs Fourth Cause of Action for Breach of the Implied Covenant of Good
21 Faith and Fair Dealing:

22
23
1.
2.
3.
4.

Complaint; and
in the premises.
24
23
26
27
5.
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MORAN LAW FIRMLLC Plaintiffs Fifth Cause of Action for Conversion:

Las Vegas, N evaoa 8910!
Phone : (702) 384-8424
Fax: (702) 384-6568
Page 13 of 15
1
2
1.
2.
3.
Attorneys fees and costs of suit incurred herein; and
4.

Complaint; and
5.
in the premises.
3
4
5
8 Plaintiffs Sixth Cause of Action for Monies Owed:

1.
2.
3.
4.

Complaint; and
5.
in the premises.
n
12
13
16
19
Plaintiffs Seventh Cause of Action for Accounting:

1.
A complete accounting of all records, data, expenses, costs,

revenues and other information relating to the operation and
maintenance of Plaintiff s Aircraft;
2.
3.
4.
5.

Complaint; and
6.
in the premises.
20
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22
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26
:
Moran Law Firm LLC
Plaintiffs Eighth Cause of Action for Unjust Enrichment:

1.
2.

Page 14 of 15
630 Sou th 4 th S treet

PHONE: (702) 384-8424
Fax: (702) 384-6568
1
2
3.
4.

Complaint; and
5.
in the premises.
3
4
5
6
DATED this
_day of March, 2009.
MORAN LAW
, LLC
8
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10
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12
JEFFEKY A. BEND AVID, ESQ.

N ev ad a^ ^4 o .: 6220
630 S. Fourth Street
Las Vegas, Nevada 89101
Attorney for Plaintiff,
Trojan Air Services, LLC
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M
oran Law Firm me
MOJtAfg MAN&ON tfcNPAVIP MOHAN
U s V egas, N evada 89101
PHONE; (702) 384-8424
FAX; (702) 384-6568
Page 15 of 15

Nevada District Court Case A585690: Trojan Air Services, LLC Vs Eagle Jet Aviation, INC

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y3 ' /

CLARK COUNTY, NEVADA

TROJAN AIR SERVICES, LLC,

EAGLE JET AVIATION, INC.;

COMES NOW, Plaintiff, TROJAN AIR SERVICES, LLC, by and through

its undersigned attorney, JEFFERY A. BENDAVID, ESQ. of the MORAN LAW

Plaintiff, TROJAN AIR SERVICES, LLC, (hereinafter TROJAN

AIR or Plaintiff), an Arizona Limited Liability Company, was at all times

mentioned herein, an Arizona Limited Liability Company organized in the State of

At all times mentioned herein, Plaintiff is informed and believes

630 South 4 th Street

1 Defendant), was and is a Nevada Corporation, duly authorized to conduct

business in the County of Clark, State of Nevada.

That the names and capacities of Defendants DOES I through X,

and ROE CORPORATIONS I through X, whether individual, corporate, associate

DOES I through X, and ROE CORPORATIONS I through X, Plaintiff will amend

asserting appropriate charging allegations. Specifically, Plaintiff is informed and

caused to be violated, the subject Aircraft Management Agreement between

Plaintiff and Defendant, and/or caused the unlawful detainment or conversion of

The allegations of paragraphs 1 through 4 of this Complaint are

Plaintiff, is the owner of a Learjet 55 Aircraft bearing

manufacturers serial number 55-039 and Federal Aviation Administration

630 South 4th Street

Defendant is a Management Company, which allegedly possesses

operations of executive jet Aircrafts.

On or about February 1, 2007 Plaintiff, entered into an Aircraft

Management Agreement with EAGLE JET (hereinafter Aircraft Management

Pursuant to the Aircraft Management Agreement, Defendant was to

provide Consulting and Management Services to Plaintiff, including but not

a. Providing and supervising duly licensed and qualified pilots,

mechanics, cabin attendants and flight operations personnel;

b. Arranging and supervising Aircraft maintenance and flight

c. Obtaining and maintaining required insurance and supervising

compliance with insurance policies;

e. Providing flight and maintenance scheduling and communications;

f. Scheduling the flight crew and support personnel;

g. Arranging for over flight permits, landing permits, clearances, and

h. Arranging for hanger and office space at the Aircrafts operating

Providing Aircraft storage arrangements at temporary operating

Providing travel support services associated with the daily

k. Recordkeeping and supervision of the Aircraft log books, date,

records, reports and subscriptions so they are maintained in an

updated and current condition;

l. Preparing an annual detailed budget and quarterly management

reports that include variances to the annual budget;

m. Bookkeeping, accounting, budgeting and organizing administrative

systems with respect to the operation of the Aircraft; and

n. Any other management and administrative services required to

carry out the purpose of the Management Agreement.

Pursuant to the Aircraft Management Agreement, Defendant was

revenue minus operating costs, Defendants Administration fee and an additional

compensation to Defendant in the form of fifteen percent (15%) of charter

Pursuant to the terms and conditions of the Aircraft Management

Plaintiff learned that between the period of May 2007 and

moj^ dLawfi^ llc

accounting nor correct compensation.

Plaintiff further discovered that it had been overcharged for fixed

costs in November 2007.

Plaintiff requested from Defendant all outstanding monies owed

Plaintiff repeats and realleges each of the allegations in Paragraphs

A valid written agreement was entered into between Plaintiff and

Defendant on February 1,2007, which is entitled "Aircraft Management

Pursuant to the terms and conditions of the Aircraft Management