CJ-2020-1029 - CP Management LLC v. Elevated Roots, LLC, Jody Boyd, Josh Reeves

What's This Case About?

Let’s get one thing straight: in the high-stakes world of commercial real estate, forgetting to pay rent is not like forgetting to refill your Netflix subscription. You don’t just wake up one day and realize, “Huh, did we pay the landlord?” and then shrug it off while sipping kombucha in your overpriced wellness studio. No. In Oklahoma City, forgetting to pay rent for four months straight gets you sued for over $13,000 and kicked out of your business space like a teenager caught sneaking rum into a school dance. And that’s exactly what happened to Elevated Roots, LLC — a company apparently so disconnected from financial reality that they ghosted their landlord like a bad Tinder date, leaving behind unpaid bills, spiritual vibes, and a paper trail thick enough to choke a yoga instructor.

So who are these people? On one side, we’ve got CP Management LLC — the landlord, the money guy, the no-nonsense entity that owns a commercial property at 7709 S. Walker Ave. in Oklahoma City. They’re represented by real lawyers with real bar numbers and real impatience for flaky tenants. On the other side? Elevated Roots, LLC — a business that, based on the filing, operated under the name “The Healing Tree.” Sounds like a place where you go to get your chakras aligned, your aura cleansed, and maybe buy a $12 crystal that promises to “manifest abundance.” The principals? Jody Boyd, who apparently lives in Southlake, Texas (so not even local), and Josh Reeves, who does live in OKC and presumably was the boots-on-the-ground guy. Together, they signed a 60-month lease in February 2019 to rent this commercial space — not for a food truck or a pop-up shop, but for a long-term commitment. We’re talking five years. That’s longer than most marriages in Hollywood. And for that privilege, they agreed to pay $1,912.50 a month for the first three years, then bump up to $2,040 a month after that. Seems fair. It’s not exactly a mansion in Beverly Hills — it’s a commercial unit in a shopping center. But hey, if you’re selling sage bundles and sound bath sessions, you gotta have a vibe-friendly space.

Now, here’s where things go off the rails. According to the petition, everything was fine until October 2019. That’s when the rent payments stopped. Poof. Gone. Like a meditating monk achieving enlightenment, Elevated Roots simply… vanished from the financial grid. No payment in November. No payment in December. No payment in January. Or February. And not only did they skip rent — they also ignored their obligations for common area maintenance (CAM) fees and utilities, which, under the lease, they were contractually required to cover their pro-rata share of — in this case, 28.16%. By January 29, 2020, the tab had ballooned to $7,650 in unpaid rent, $863.63 in late fees (15% penalty for late payment — ouch), and a whopping $4,755.90 in CAM and utility charges. That’s not just a little oversight. That’s a full-blown financial blackout.

Now, CP Management didn’t just sit there like a zen master waiting for enlightenment. They sent a certified letter on January 29, 2020 — the legal equivalent of ringing the doorbell and yelling, “HELLO? YOU STILL ALIVE IN THERE?” The letter, labeled “NOTICE TO QUIT FOR FAILURE TO PAY RENT,” laid it out in bold: pay $11,354.03 within ten days or get evicted and sued. And here’s the kicker — the filing claims the defendants had already vacated and abandoned the property. So not only did they stop paying, but they also ghosted the space entirely. No goodbye. No “we’re relocating to Sedona to align with higher frequencies.” Just… gone. Left the lights on, the bills unpaid, and the landlord holding the cosmic bag.

Which brings us to why they’re in court. The lawsuit has two main claims, and they’re about as straightforward as legal claims get. First: Forcible Entry and Detainer — which sounds like a violent home invasion, but in landlord-tenant law, it’s just the formal way of saying, “Get off my property.” It’s the legal mechanism to evict someone who’s overstayed their welcome and violated the lease. Second: Breach of Contract — meaning, “You signed a deal, you agreed to pay, you didn’t pay, now you owe us money.” Both claims are based on the same facts: Elevated Roots took a space, promised to pay, stopped paying, and left without resolving their debts. The landlord wants possession back (obviously) and wants to recover the $13,266.53 in damages they’ve already incurred — and that number keeps growing because, under the lease, the defendants are still on the hook for future rent until the property is re-leased. That’s how commercial leases work — you don’t just walk away. The landlord has to try to re-rent the space, but until they do, the original tenant is still liable. It’s not personal. It’s business. And apparently, Elevated Roots forgot that part.

So what do they want? CP Management is asking for: (1) possession of the property (get the squatters out), (2) $13,266.53 in actual damages (and counting), (3) attorney’s fees, (4) court costs, and (5) “any other relief the Court deems just.” That $13k figure might not sound like a lot if you’re used to Hollywood divorce settlements, but for a small commercial lease in Oklahoma City, it’s serious money. We’re talking about nearly seven months of rent, plus fees and utilities. For a wellness business, that could be thousands of overpriced candles and reiki sessions. And the fact that they didn’t even try to negotiate or explain themselves? That’s what makes this so bizarre. No counterclaim. No explanation. Just silence. It’s like they performed a group meditation, decided money was an illusion, and collectively willed themselves out of financial responsibility.

Now, here’s our take: the most absurd part of this case isn’t that someone forgot to pay rent. People mess up. Businesses fail. Cash flow dries up. That happens. The absurd part is the complete radio silence. No call. No email. No “Hey, we’re having a tough quarter, can we work something out?” Nothing. They just vanished, like a UFO in the Oklahoma night, leaving behind a paper trail of unpaid bills and a landlord holding a certified mail receipt like a smoking gun. And let’s be real — if you’re running a business called “The Healing Tree,” you’re probably preaching mindfulness, intention, and energetic alignment. But where was the mindfulness when it came to honoring a legal contract? Where was the intention behind ghosting your landlord? And what kind of energetic alignment includes stiffing someone for over $13,000?

We’re not rooting for the landlord because we love corporate overlords. We’re rooting for basic adulting. Pay your bills. Communicate. If you’re in trouble, say something. Don’t just float away on a cloud of incense and pretend the material world doesn’t exist. Because guess what? The material world does exist. And it has lawyers. And courts. And judgments. And if you don’t believe us, just ask Elevated Roots, LLC — they’re about to get a very expensive lesson in karma. The kind that comes with interest, late fees, and a court-ordered eviction. Namaste, indeed.

Case Overview

$13,667 Demand Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

Daniel G. Couch, Lauren N. Lenahan

DANIEL G. COUCH, P.L.L.C.

Relief Sought

$13,667 Monetary

Plaintiffs

CP Management LLC business
Rep: Daniel G. Couch, Lauren N. Lenahan

Defendants

Elevated Roots, LLC, Jody Boyd, Josh Reeves business|individual

Claims

#	Cause of Action	Description
1	Forcible Entry and Detainer
2	Breach of Contract

Petition Text

1,543 words

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA CP MANAGEMENT LLC, an Oklahoma limited liability company, Plaintiff, vs. ELEVATED ROOTS, LLC, an Oklahoma limited liability company, JODY BOYD, an individual, and JOSH REEVES, an individual, Defendants. PETITION Plaintiff, CP Management LLC ("Plaintiff"), for its cause of action against the Defendants, Elevated Roots, LLC, Jody Boyd and Josh Reeves (hereinafter collectively "Defendants"), alleges and states as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff, CP Management, LLC, is an Oklahoma limited liability company, with its principal place of business located in Oklahoma City, Oklahoma County, Oklahoma. 2. Defendant, Elevated Roots, LLC, is an Oklahoma limited liability company, with its principal place of business located in Oklahoma City, Oklahoma County, Oklahoma. 3. Defendant, Jody Boyd, is an individual believed to reside in Southlake, Tarrant County, Texas. 4. Defendant, Josh Reeves, is an individual believed to reside in Oklahoma City, Oklahoma County, Oklahoma. 5. Defendants entered into an agreement and contract with Plaintiff, pursuant to which Defendants leased a commercial property in Oklahoma County located at 7709 S. Walker Ave., Oklahoma City, Oklahoma 73139 (the "Property"). 6. This Court has jurisdiction over the parties and subject of this action, and is the correct venue. FACTUAL BACKGROUND 7. Plaintiff hereby adopts, incorporates and re-alleges paragraph nos. 1 through 6 herein. 8. Plaintiff is now, and at all times material hereto has been, the owner of the Property and is entitled to immediate possession thereof. 9. On or around February 5, 2019, Defendants entered into a sixty (60) month rental agreement with Plaintiff for possession of the Property, whereby Defendants were to pay to Plaintiff the minimum rental rate of one thousand nine hundred twelve dollars and fifty cents ($1,912.50) per month for months one (1) through month thirty-six (36), and the minimum rental rate of two thousand forty dollars ($2,040.00) per month for months thirty-seven (37) through month sixty (60) (the "Lease"). 10. Defendants have defaulted under the terms of the Lease and it appears they have vacated and abandoned the Property. 11. Defendants last made payment under the terms of the Lease in October 2019 and are currently in default for the months of November through February in the amount of seven thousand six hundred fifty dollars ($7,650.00). 12. Pursuant to the Lease, Defendants are responsible for a late fee of fifteen percent (15%) if the minimum rental rate is not paid prior to 5:00 p.m. on the 5th day following the date such payment is due. 13. As of January 29, 2020, Defendants are in default for late fees in the amount of eight hundred sixty-three dollars and sixty-three cents ($863.63). 14. Pursuant to the Lease, Defendants are responsible for a pro rata share of twenty-eight and sixteen hundredths percent (28.16%) of the common area maintenance expenses as defined by the Lease and all utility service charges incurred in connection with the Property. 15. As of January 29, 2020, Defendants are in default for common area maintenance expenses and utility service charges in the amount of four thousand seven hundred fifty-five dollars and ninety cents ($4,755.90). 16. A Notice to Quit and Notice to Cure was sent to the Defendants on January 29, 2020 via U.S. Certified Mail. (See Exhibit "A," Certified Mail Receipt; Exhibit "B," Notice to Quit and Notice to Cure). 17. Pursuant to the Lease, the Notice to Quit and Notice to Cure are deemed effective three (3) days after deposit in the mail. Therefore, The Notice to Quite and Notice to Cure was deemed effective on February 2, 2020. 18. Pursuant to the Lease and 41 O.S. § 6, Defendants had until February 12, 2020 to cure said default. Defendant to date has failed and refused to cure said default. 19. Pursuant to the Lease, Defendants' liability continues through the end of the term of the Lease. Defendants are responsible for any and all deficiency in rent during the remainder of the term of the Lease. 20. Plaintiff further has attempted, and continues to attempt, to relet the Property, but to date has yet to enter a contract for the same. 21. To date, Plaintiff has incurred actual damages in an amount in excess of ten thousand dollars ($10,000.00). Specifically, Plaintiff has incurred actual damages of thirteen thousand two hundred sixty-six dollars and fifty-three cents ($13,266.53) to date. However, this amount continues to increase pursuant to the Lease. Damages which to date have not or cannot be calculated, shall be calculated at a future date for the Court. FIRST CAUSE OF ACTION (Forcible Entry and Detainer) 22. Plaintiff hereby adopts, incorporates and re-alleges paragraph nos. 1 through 21 herein. 23. Plaintiff is now, and at all times material hereto has been, the owner of the Property. 24. On or around February 5, 2019, Defendants entered into the Lease with Plaintiff. 25. Defendants last made payment under the terms of the Lease in October 2019. 26. Defendants have defaulted under the terms of the Lease. 27. Pursuant to the Lease, Plaintiff is entitled to possession of the Property as a valid Notice to Quit and Notice to Cure was delivered to Defendants on January 29, 2020, which was deemed effective February 2, 2020, pursuant to the Lease, and Defendants have failed to cure the default under the terms of the Lease and pursuant to 41 O.S. § 6. SECOND CAUSE OF ACTION (Breach of Contract) 28. Plaintiff hereby adopts, incorporates and re-alleges paragraph nos. 1 through 27 herein. 29. Defendant entered into the Lease with the Plaintiff. 30. Plaintiff performed pursuant to the Lease. 31. Defendant failed and refused to perform pursuant to the Lease by ceasing to pay rent and other obligations beginning November 2019. 32. Plaintiff has been injured as a result of Defendants’ breach of the Lease an amount in excess of ten thousand dollars ($10,000.00), Specifically, Plaintiff has incurred actual damages of thirteen thousand two hundred sixty-six dollars and fifty-three cents ($13,266.53) to date. However, this amount continues to increase pursuant to the Lease. Damages which to date have not or cannot be calculated, shall be calculated at a future date for the Court. WHEREFORE, Plaintiff, CP Management L.L.C., respectfully requests the Court enter judgment against the Defendants, Elevated Roots, LLC, Jody Boyd and Josh Reeves, for possession and control of the Property, judgment against Defendants, Elevated Roots, LLC, Jody Boyd and Josh Reeves, jointly and severally, for actual damages, plus any applicable interest, its reasonable attorney’s fees and court costs incurred in this matter, and any other relief to which it is entitled and which this Court finds just and proper. Respectfully submitted, [signature] Daniel G. Couch, OBA #21634 Lauren N. Lenahan, OBA #33552 DANIEL G. COUCH, P.L.L.C. 414 N.W. 4th Street, Suite 120 Oklahoma City, Oklahoma 73102 Telephone: (405) 602-8839 Facsimile: (405) 604-0136 [email protected] [email protected] Attorneys for Plaintiff AFFIDAVIT OF PLAINTIFF STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA ) ss: I, Scott Cravens, being duly sworn, deposes and says: I am the manager and a duly authorized representative of CP Management L.L.C. Defendants are indebted to Plaintiff in the sum of thirteen thousand two hundred sixty-six dollars and fifty-three cents ($13,266.53) for rent and other Lease obligations to date, however this amount continues to increase pursuant to the Lease entered into by Plaintiff and Defendants. Plaintiff has demanded payment of said sum(s) but Defendants have refused to pay the same, and no part of the amount sued for herein has been paid. Defendants is wrongfully in possession of certain real property described as 7709 S. Walker Ave., Oklahoma City, Oklahoma 73139. Plaintiff is entitled to possession thereof and has made demand on Defendants to cure their default, but the Defendants refused to do so. Scott Cravens Subscribed and sworn to me this 20 day of Feb., 2020. Katherine Churchill NOTARY PUBLIC My Commission Expires: 12/27/21 (SEAL) U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com OKLAHOMA CITY, OK 73159 Postage: $0.45 Certified Fee: $0.00 Return Receipt Fee (Endorsement Required): $0.00 Restricted Delivery Fee (Endorsement Required): $0.00 Total Postage & Fees: $1.45 Sent To: ELEVATED ROOTS, LLC Street, Apt. No.: 2769 S. Walker Ave. or PO Box No.: OKC, OK 73135 City, State, ZIP+4: 0014 03 Postmark Here EXHIBIT "A" January 29, 2020 THIS IS A NOTICE TO QUIT FOR FAILURE TO PAY RENT Delivered via certified mail Elevated Roots, LLC & Mr. Jody Boyd & Mr. Josh Reeves D/B/A The Healing Tree 7709 S. Walker Avenue Oklahoma City, OK 73139 RE: Shopping Center Lease Agreement with CP Management, L.L.C. Property located at 7709 S. Walker Avenue Oklahoma City, OK 73139 Dear Mr. Boyd & Mr. Reeves: Please be advised that pursuant to Oklahoma Statute Title 40, Section 6, this letter to you shall serve as a Notice to Quit for failure to pay rent for the above referenced property. As you know, you are currently behind several months on rent pursuant to the Lease, more specifically: a) $1,912.50 for November 2019; b) $1,912.50 for December 2019; c) $1,912.50 for January 2020; d) $860.63 for late fees incurred from November 2019 through January 2020; and e) $4,755.90 in CAM reconciliation expenses for 2019. If you do not bring the entire deficiency of $11,354.03 current within ten (10) days of your receipt of this letter, your lease will be terminated, and a lawsuit will be filed against you in Oklahoma County District Court, for possession of the property, for the unpaid rent and fees explained above, and the costs and attorney’s fees incurred by my client. You may make payment to my offices at the address below, payable to “CP Management L.L.C.” Please contact me should you have any questions and/or wish to discuss this matter. Otherwise, I’ll look forward to receiving your full payment. Respectfully, Scott L. Cravens, Managing Member FSC Realty, LLC, Legal Agent C.P. Management, LLC