PHILADELPHIA – A Delaware County-based wholesale produce supply business is accusing a number of Philadelphia establishments with not compensating it over $120,000 for goods and services rendered in the past several years.
The Happy Huckster Corp. (doing business as “The FarmArt”) of Folcroft filed suit in the Philadelphia County Court of Common Pleas on Sept. 13 versus Latin Quarter Concepts, LLC (doing business as “Tinto Restaurant”); La Ciudad, LLC (doing business as “Distrito”); GRGBookies, LLC (doing business as “The Olde Bar”); Urbanfarm, LLC; GR300, LLC (doing business as “Volver”); VWOne, LLC (doing business as “Garces Trading Company”) and Garces Catering 300, LLC (doing business as “Garces Catering”), all of Philadelphia.
Per the lawsuit, each of the defendant establishments are owned by an umbrella organization, the Garces Restaurant Group, Inc. (doing business as the “Garces Group”). On May 25, 2012, Garces Group submitted a credit application and agreement to the plaintiff – which said it would compensate the plaintiff in exchange for goods and services provided to its establishments.
The agreement mandated the defendants would pay all amounts due for the goods and services within 30 days of delivery, that any charge not paid within that time would accrue a delinquency charge of 18 percent per year until paid in full, and that the defendants would pay 33 percent of the total balance due as attorney’s fees in the event that the account is turned over to an attorney for collection.
The lawsuit alleges the following outstanding expenses from the defendants:
Tinto Restaurant – From March 24 to the present, Tinto Restaurant has failed to pay for $20,227.67 worth of goods and services provided by plaintiff. Pursuant to the agreement, Tinto Restaurant owes plaintiff interest through Aug. 16 in the amount of $575.70 and attorney’s fees of $6,675.13. As of Aug. 16, Tinto Restaurant owes plaintiff the sum of $27,478.50, with interest accruing from Aug. 17 until the date judgment is entered at the rate of $10.10 per day.
Distrito – From March 7 to the present, Distrito has failed to pay for $15,845.68 worth of goods and services provided by plaintiff. Pursuant to the agreement, Distrito owes plaintiff interest through Aug. 16 in the amount of $450.30 and attorney’s fees of $5,229.07. As of Aug. 16, Distrito owes plaintiff the sum of $21,525.05, with interest accruing from Aug. 17 until the date judgment is entered at the rate of $7.90 per day.
The Olde Bar – From Aug. 10, 2015 to the present, The Olde Bar has failed to pay for $20,003.59 worth of goods and services provided by plaintiff. Pursuant to the agreement, The Olde Bar owes plaintiff interest through Aug. 16 in the amount of $570 and attorney’s fees of $6,600. As of Aug. 16, The Olde Bar owes plaintiff the sum of $27,713.59, with interest accruing from Aug. 17 until the date judgment is entered at the rate of $10 per day.
Urbanfarm – From Aug. 12, 2015 to the present, Urbanfarm has failed to pay for $7,953.80 worth of goods and services provided by plaintiff. Pursuant to the agreement, Urbanfarm owes plaintiff interest through Aug. 16 in the amount of $228 and attorney’s fees of $2,624.75. As of Aug. 16, Urbanfarm owes plaintiff the sum of $10,806.54, with interest accruing from Aug. 17 until the date judgment is entered at the rate of $4 per day.
Volver – From Feb. 10, 2015 to the present, Volver has failed to pay for $5,318.85 worth of goods and services provided by plaintiff. Pursuant to the agreement, Volver owes plaintiff interest through Aug. 16 in the amount of $153.90 and attorney’s fees of $1,755.22. As of Aug. 16, Volver owes plaintiff the sum of $7,227.97, with interest accruing from Aug. 17 until the date judgment is entered at the rate of $2.70 per day.
Garces Trading Company – From Sept. 10, 2016 to the present, Garces Trading Company has failed to pay for $7,588.63 worth of goods and services provided by plaintiff. Pursuant to the agreement, Garces Trading Company owes plaintiff interest through Aug. 16 in the amount of $216.60 and attorney’s fees of $2,504.25. As of Aug. 16, Garces Trading Company owes plaintiff the sum of $10,309.48, with interest accruing from Aug. 17 until the date judgment is entered at the rate of $3.80 per day.
Garces Catering – From Jan. 22, 2015 to the present, Garces Catering has failed to pay for $9,577.59 worth of goods and services provided by plaintiff. Pursuant to the agreement, Garces Catering owes plaintiff interest through Aug. 16 in the amount of $273.60 and attorney’s fees of $3,160.60. As of Aug. 16, Garces Catering owes plaintiff the sum of $13,011.79, with interest accruing from Aug. 17 until the date judgment is entered at the rate of $4.80 per day.
For individual counts of unjust enrichment against each defendant, the plaintiff is seeking the exact damages listed above, which are unique to each business, in their combined and complete totality. This totality is a principal amount of $118,072.92, plus the different, individual rates of interest specified above, beginning from Aug. 17 to the present.
The plaintiff is represented by David Banks of Banks & Banks, in Lafayette Hill.
Philadelphia County Court of Common Pleas case 170901303
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com