Pines Mall Owner, Judy Vu, will have to re-file an affidavit of eviction to remove the owners of Saracen Cinema 8 after district court judge Hon. Phillip Green dismissed the order in court on Monday.

Pines Mall Owner, Judy Vu, will have to re-file an affidavit of eviction to remove the owners of Saracen Cinema 8 after district court judge Hon. Phillip Green dismissed the order in court on Monday.

According to court records obtained by The Commercial, Vu filed the “matter under the small claim procedure established by the Arkansas Residential Landlord-Tenant Act of 2007.”

“Plaintiff is seeking to terminate a commercial lease and evict defendant,” the order says. “The Arkansas Residential Landlord-Tenant Act does not vest District Court with jurisdiction over commercial leases.”

On Jan. 17, deputies with the Jefferson County Sheriff’s Office served co-owner Steven Mays Jr., chief operating officer, of Saracen Cinema 8, with an affidavit of eviction. Court records show that Vu issued the affidavit for Mays Jr. and Okorie Ezieme, Saracen Cinema 8 chief financial officer for failure to pay rent and comply with their rental agreement.

“I have to re-file, because they still pay me no money,” Vu said who previously stated that keeping Saracen Cinema 8 would force her to close the Pines Mall.

Back in January, Vu told The Commercial that the cost of electricity at Saracen Cinema 8 amounts to more than $7,000 a month all of which she pays with no help from the owners. She went on to say that her agreement with Mays and Ezieme included them paying 37% of their gross sales. However, they didn’t report their income. Court documents also showed that they were past due on rent of $2, 141.50 for November 2019 and December 2019.

When The Commercial spoke with Mays back in January, he said Vu was paid based on their agreement and that their contract was solid. Mays says despite Vu declaring to re-file, Saracen Cinema 8 will continue to be a place for moviegoers in Southeast Arkansas and surrounding areas.

“We’re still here and we’ll continue to serve the community,” Mays said. “We don’t know anything else, because it’s all on her.”

Per court records, Vu will have to re-file in the “court of proper jurisdiction in a form appropriate for said court.”

“The defendant is listed in the initial complaint as “Saracen Cinema 8/Steven Mays Jr.,” the order says. “Defendant’s answer identifies the lessee as “Rain Investments KKC dba Saracen Cinema 8.” A check of the Arkansas Secretary of State’s records confirms that the defendant is incorporated as an LLC under that name and corporate defendants cannot be sued in small claims court.”