North Carolina Industrial Capital, LLC v. Clayton

STEPHENS, Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of a June 1999 lease of commercial property in Charlotte, North Carolina, between Plaintiff and its lessee, Defendant West’s Charlotte Transfer & Storage, Inc. (“WCT”). On 15 August 2001, Plaintiff filed a complaint in Mecklenburg County small claims court seeking summary ejectment against David D. Rushing (“Rushing”) and John Clayton (“Clayton”), allegedly doing business as West’s Charlotte Metro Moving & Storage. On 4 October 2001, the court entered judgment in favor of Plaintiff against Rushing and West’s Charlotte…