ELECTRONICALLY FILED - 2019 Apr 18 3:50 PM - HORRY - COMMON PLEAS - CASE#2019CP2602393

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

) FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY ) CIVIL ACTION NO. 2018-CP-26-_______

Myrtle Beach Farms Company, Inc., )

)
Plaintiff, )
)
vs. )
)
Cheeseburger of Myrtle Beach, LLC; and )
Luby’s Fuddruckers Restaurants, LLC, )
)
Defendants. )
_____________________________________ )

SUMMONS

TO: THE DEFENDANTS NAMED ABOVE:

YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, of

which a copy is herewith served upon you, and to serve a copy of your answer to the said Complaint

on the subscribers at their office at 1000 29th Avenue North, Myrtle Beach, South Carolina 29577,

and to file your answer with the Clerk of Court for Horry County, all within thirty (30) days after the

service hereof; exclusive of the day of such service; and if you fail to answer the Complaint within

the time aforesaid, the Plaintiff in this action will apply to the Court for judgment by default for the

relief demanded in the Complaint and a judgment will be rendered against you.

BELLAMY, RUTENBERG, COPELAND,

EPPS, GRAVELY & BOWERS, P.A.
Post Office Box 357
1000 29th Avenue North
Myrtle Beach, SC 29578
(843) 448-2400
Attorneys for Plaintiff

s/Douglas M. Zayicek
Douglas M. Zayicek
Dated: April 18, 2019
Myrtle Beach, South Carolina
THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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 ELECTRONICALLY FILED - 2019 Apr 18 3:50 PM - HORRY - COMMON PLEAS - CASE#2019CP2602393
STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS
) FIFTEENTH JUDICIAL CIRCUIT
COUNTY OF HORRY ) CIVIL ACTION NO. 2018-CP-26-_______

Myrtle Beach Farms Company, Inc., )

)
Plaintiff, )
)
vs. )
)
Cheeseburger of Myrtle Beach, LLC, and )
Luby’s Fuddruckers Restaurants, LLC, )
)
Defendants. )
_____________________________________ )

COMPLAINT
(Collection/Breach of Contract)

TO: DEFENDANTS NAMED ABOVE:

Plaintiff, complaining of Defendants, would respectfully allege and show unto this

Honorable Court as follows:

JURISDICTION

1. Plaintiff is a corporation duly licensed, organized and existing under the laws of

South Carolina, and owns and/or manages property in Horry County, South Carolina.

2. Defendant Cheeseburger of Myrtle Beach, LLC (“Cheeseburger”) is, upon

information and belief, a corporation duly licensed, organized and existing under the

laws of South Carolina, and conducts or conducted business in Horry County, South

Carolina.

3. Defendant Luby’s Fuddruckers Restaurants, LLC (“Luby’s”) is, upon information

and belief, a Texas limited liability company, having its principal office in Houston,

Texas, but registered with the South Carolina Secretary of State to do business in

South Carolina.

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 ELECTRONICALLY FILED - 2019 Apr 18 3:50 PM - HORRY - COMMON PLEAS - CASE#2019CP2602393
4. Jurisdiction and venue are proper in this Honorable Court.

FOR A FIRST CAUSE OF ACTION

(Breach of Contract)

5. The allegations above are repeated verbatim herein.

6. Cheeseburger-South Carolina, Limited Partnership entered into a Lease Agreement

(“Lease”) with Plaintiff for real property owned and/or managed by Plaintiff and

located at 7211 North Kings Highway, Myrtle Beach, South Carolina 29572

(“Premises”). Thereafter, Cheeseburger-South Carolina, Limited Partnership entered

into an Assignment and Assumption of Lease with Defendant Cheeseburger effective

September 15, 2009 (“Assignment”).

7. Defendant Luby’s acquired, assumed the obligations of, and/or paid rent on behalf of

Defendant Cheeseburger.

8. Under the terms of Lease, Defendant Cheeseburger and/or Defendant Luby’s are

obligated to, among other things, pay certain rent, fees and other charges, and repair

any damage to Premises.

9. Defendant Cheeseburger and/or Defendant Luby’s breached Lease by failing to pay

rent and other charges, and, as of March 20, 2019, there is a due and owing amount of

$81,832.70. In addition, Defendant Cheeseburger and/or Defendant Luby’s owe 2018

real property taxes in the amount of $22,716.40.

10. Defendant Cheeseburger and/or Defendant Luby’s also breached Lease by having an

unexplained absence from the Premises for a period of fifteen (15) days after the

nonpayment of rent, constituting abandonment under South Carolina law.

11. Defendant Cheeseburger and/or Defendant Luby’s breach has injured Plaintiff, and

Plaintiff is entitled to its actual, special, and consequential damages resulting from

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 ELECTRONICALLY FILED - 2019 Apr 18 3:50 PM - HORRY - COMMON PLEAS - CASE#2019CP2602393
said breach.

12. Plaintiff is also entitled to its attorney’s fees and costs, and late fees and/or interest on

all amounts owed to Plaintiff by Defendants.

FOR A SECOND CAUSE OF ACTION

(Successor Liability)

13. The allegations above are repeated verbatim herein.

14. Upon information and belief, Defendant Luby’s has taken and takes advantage of

Defendant Cheeseburger’s accumulated goodwill and reputation.

15. Upon information and belief, Defendant Luby’s continues to perform substantially

the same work as Defendant Cheeseburger.

16. Upon information and belief, there has been commonalty of individuals serving as

officers, directors, and employees between Defendant Luby’s and Defendant

Cheeseburger.

17. Upon information and belief, Defendant Luby’s purchased or acquired Defendant

Cheeseburger, including obligating itself to pay certain debts owed by Defendant

Cheeseburger.

18. Defendant Luby’s is liable for Defendant Cheeseburger’s debts and obligations.

FOR A THIRD CAUSE OF ACTION

(Amalgamation)

19. The allegations above are repeated verbatim herein.

20. Upon information and belief, Defendant Luby’s and Defendant Cheeseburger are part

of an amalgamation of corporate interests, entities, and activities so as to blur the

legal distinction between the corporations and their activities.

21. Upon information and belief, the delineation between Defendant Luby’s and

Defendant Cheeseburger is blurred.

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 ELECTRONICALLY FILED - 2019 Apr 18 3:50 PM - HORRY - COMMON PLEAS - CASE#2019CP2602393
22. Upon information and belief, Defendants are in the restaurant business in South

Carolina.

23. Upon information and belief, Defendants are amalgamated corporate entities, and

Defendant Luby’s is responsible for the debts incurred by Defendant Cheeseburger.

WHEREAS, Plaintiff requests this Honorable Court Order as follows:

A. Plaintiff be awarded judgment against Defendants for Plaintiff’s actual,

consequential, and special damages;

B. Plaintiff be awarded judgment against Defendants for prejudgment interest,

and all late charges applicable to all said damages;

C. Plaintiff be awarded judgment against Defendants for Plaintiff’s attorney’s

fees and costs; and

D. For all other relief this Honorable Court deems proper.

BELLAMY, RUTENBERG, COPELAND,

EPPS, GRAVELY & BOWERS, P.A.
Post Office Box 357
1000 29th Avenue North
Myrtle Beach, SC 29578
(843) 448-2400
Attorneys for Plaintiff

s/Douglas M. Zayicek
Douglas M. Zayicek
Dated: April 18, 2019
Myrtle Beach, South Carolina

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