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”).
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.).
Plaintiffs, CS Business Systems, Inc. and James L. Shelton, by and through the undersigned,
and pursuant to Federal Rule of Civil Procedure 65(a) and in compliance with Local Rule 4.05
and 4.06, seek a preliminary injunction, stating as follows:
Lot 383, Bella Collina, according to the map or plat thereof as recorded in Plat Book 51, Page 31, Public Records of Lake County, Florida (“Pendio Property”) .
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.
“The typicality requirement in Fed. R. Civ. P. 23 measures whether a sufficient nexus exists between the claims of the named representatives and those of the class at large.
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.
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.
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
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
At the time Plaintiffs filed the 2012 Lawsuit seeking a constructive trust on the Pendio Property, Alfresco owned the Pendio Prope1iy.
On May 30, 2014, DCS executed a quitclaim deed purporting to transfer the Pendio Property, in its entirety, from DCS to Randall Greene and Christina Greene.
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
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:
With less than two months left for the election, the Plaintiffs discovered that the conspirators, in a desperate attempt to maintain a strangle hold on the POA
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:
On April 22, 2004, the Sheltons, in reliance on the original CC&Rs, entered into a Lot Purchase Agreement with Ginn-LA for lot number 253 for $299,000, but an early purchase discount of $20,000, decreased the final cost to $279,000.
In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written.
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;
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.
The Conspirator controlled POA immediately served false bills for approximately $3,600,000 in unpaid assessments, including for delinquent club dues, followed by suit in the Lake County, Florida Circuit Court.
(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)