1 class action lawsuit against Bella Collina

Randall Greene was Accused of Stealing Bella Collina House

Plaintiffs, by and through their undersigned counsel, hereby sue the above-captioned Defendants, alleging that they conspired to illegally seize control of the Bella Collina Property Owners Association, Inc., a Florida Nonprofit Corporation (Hereinafter the ‘”POA”).

2 class action lawsuit against Bella Collina

Randall Greene was Accused of Stealing Bella Collina House

The Court has subject matter jurisdiction over the federal claims alleged herein pursuant to 28 U.S.C. §1331, because those claims arise under the laws of the United States (18 U.S.C. §1961, et seq.).

Federal Class Action Against Bella Collina – amended (page 2 of 4)

Randall Greene was Accused of Stealing Bella Collina House

The two class definitions pled by Plaintiffs are sufficiently tailored to identify prospective class members without need for any individualized determinations to determine membership beyond certification that that the individual is or was a property owner in Bella Collina on the defined dates. This certification can be easily obtained by referencing public records.

3 class action lawsuit against Bella Collina (Part 3 of 15)

Randall Greene was Accused of Stealing Bella Collina House

On information and belief, Schar, Simonson, Arrighi, Ryan, The Ryan Law Group, D’Ambrosio, Burman, Aegis, Greene, Clarke and Lebreux, Schirach and others intentionally and knowingly developed the Conspiracy to fraudulently exercise control of the POA to dispossess lot owners of their property, embezzle POA funds and usurp POA property and opportunities for their own profit and benefit.

3 Randall Greene Accused of Stealing a House

Randall Greene was Accused of Stealing Bella Collina House

On May 5, 2014, Bella Collina POA filed a Notice of Withdrawal of Motion to Intervene in the 2012 lawsuit. In Bella Collina POA’s Notice of Withdrawal of Motion to Intervene, Bella Collina POA acknowledged that the DCS Deed was subject to Plaintiffs’ interest in Pendio Property.

Federal Class Action Against Bella Collina – amended (page 4 of 4)

Randall Greene was Accused of Stealing Bella Collina House

The second prong of Rule 23(b)(3) requires Plaintiffs to show that “a class action is superior to other available methods fairly and efficiently adjudicating the controversy.” Fed. R. Civ. P. 23(b)(3). For this prong, the focus ‘is not on the convenience or burden of a class action suit per

4 class action lawsuit against Bella Collina (Part 4 of 15)

Randall Greene was Accused of Stealing Bella Collina House

Despite knowledge of the illegality of its operation of the POA, the Conspirators, without property owner approval, appointed its agents, including at all relevant times Burman, Greene, Clarke and Lebreux, to act as unelected board members of the POA

5 class action lawsuit against Bella Collina (Part 5 of 15)

Randall Greene was Accused of Stealing Bella Collina House

DCS directed the POA, in fulfillment of the conspiracy, to request zoning and use changes for Bella Collina, which include, but are not limited to, relocating the site of many amenities from their originally planned, desirable location to a new, less desirable location

6 Randall Greene Accused of Stealing a House

Randall Greene was Accused of Stealing Bella Collina House

WHEREFORE, Plaintiffs, Jordan Rupert and Myra Rupert, demand judgment against Defendants Alfresco Acquisitions, LLC Bella Collina Property Owners Association, Inc., Randall F. Greene, Christina M. Greene, and DCS Capital Investments, LLC, for:

7 Randall Greene Accused of Stealing a House

Randall Greene was Accused of Stealing Bella Collina House

This Warranty Deed made this 23rd dayof September, 2011 between Mark R. Lye and Lisa J. Lye, husband and wife whose post ofiice address is 209 Bayfront Drive, Bonita Springs, FL 34134, Grantor, and Alfresco Acquisitions, LLC, a Florida limited liability company whose post office address is 200 S. Andrews Ave, Suite 503, Fort Lauderdale, FL 33301, Grantee:

9 Randall Greene Accused of Stealing a House

Randall Greene was Accused of Stealing Bella Collina House

The Plaintiff has instituted this action against you seeking to impose a constructive trust, and seeking relief for breach of an oral agreement, fraud and unjust enrichment, with respect to the property described below;

8 class action lawsuit against Bella Collina (Part 8 of 15)

Randall Greene was Accused of Stealing Bella Collina House

On June 4, 2004, the Sutherins purchased lot 277 of Bella Collina and constructed a home for $2,100,000 in which they resided with their family until 2015, at which time they felt compelled to leave the community and rent their home due the harassment of the Conspirators.

10 Randall Greene Accused of Stealing a House

Randall Greene was Accused of Stealing Bella Collina House

(Whenever used herein Lhe tenns “grantor” and “grantee” include all the parties to this instrument and the heirs, legal representatives, and assigns o f individuals, and the successors and assigns o f corporations, trusts and trustees)