SIM Properties says an Edwardsville couple has failed to allege sufficient facts to state a cause of action in a lawsuit the couple filed against the company.
Ronald and Dorothy Jones filed a lawsuit Jan. 31 in Madison County Circuit Court against SIM and Idrees Muhammad.
According to the complaint, the Joneses rented a home owned by SIM in the 600 block of Chapman Street, starting in June 2010. Muhammad, a SIM employee, entered the house without consent in 2012 and removed the couple’s possessions, including clothes and furniture.
SIM Properties filed a motion to dismiss March 21, stating the first amended complaint fails to identify by location or address the “residential property” allegedly involved.
The complaint also fails to contain a plain and concise statement as to whether the plaintiffs are attempting to state a cause of action for trespass to personal property or real property, according to the motion to dismiss.
The Joneses, individually and on behalf of other SIM tenants, accuse the company of unlawful penalty after it charged them $5 per day in late fees.
The plaintiffs’ Feb. 4 motion for class certification, states a class action lawsuit is the appropriate method to resolve the matter compared to any other available method for the “fair and efficient adjudication of the controversy.”
The plaintiffs are requesting to be appointed as class representatives with representation from attorneys Peter J. Maag and Thomas G. Maag of Wood River and Brian Wendler of Edwardsville.
Jeffery A. Cain of Freeark, Harvey & Mendillo in Belleville represents SIM Properties.
The case is assigned to Madison County Circuit Judge William Mudge.
Madison County Circuit Court Case No. 13-L-161