Kelly Holleran Sep. 4, 2012, 10:29am

An out-of-town townhouse owner man claims the property manager who was responsible for running his nine Prutzman Square units pocketed rent money that was supposed to belong to the property’s owner.

A.J. Calabro, a resident of Kaila, Hawaii, filed a lawsuit Aug. 23 in Jefferson County District Court against Sam Parigi and Parigi Property Management.

In his complaint, Calabro alleges he bought nine units in Prutzman Square Townhomes in 1991. At the time, Parigi managed the apartment complex, which contains a total of 37 units, according to the complaint.

Parigi claimed he was operating under a “pooling agreement” and collected rent from Calabro’s nine tenants from 1991 until September 2010, the suit states. In turn, Calabro would receive quarterly payments, the complaint says.

“From 2005 until September 2010, these distributions were severely deficient,” the suit alleges. “Defendant would keep approximately two-thirds of the rents he collected during this time period from plaintiff’s units.”

In September 2010, Parigi stopped making payments to Calabro, the suit states. Although Parigi claims he has written documentation to explain why the payments were not made, Calabro says he has yet to see the alleged materials, according to the complaint.

“After plaintiff’s legal counsel asked for authority upon which defendant kept control over plaintiff’s units, defendant eventually relinquished control of the plaintiff’s units to another management company,” the suit states.

Calabro has requested an accounting from Parigi for the dates that he did manage Calabro’s property, but Parigi refuses to provide the requested documents, the complaint claims.

“Plaintiff believes that defendants have collected rents on the properties that are owned by plaintiff and kept all the rent proceeds for himself,” the suit states.

Calabro alleges fraud and breach of fiduciary duty against Parigi.

In his complaint, Calabro seeks all information, such as security deposits, in regards to his nine units. He also seeks declaratory relief that would order Parigi to provide an explanation as to why there was no tax escrow account remaining to pay for 2011 taxes.

He seeks another order that would force Parigi to provide a full accounting for Calabro’s nine units and that would allow Calabro access to all books kept in regards to his nine apartments.

Calabro seeks actual and exemplary damages, plus pre- and post-judgment interest, costs, attorney’s fees and other relief the court deems just.

Wyatt D. Snider and Russell W. Heald of Snider Law Firm in Beaumont will be representing him.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No.  A192-937

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