EFTA01198664.pdf

Electronically Filed 11/06/2013 02:22:38 PM ET IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KENNETH MANFREDI, SR., CASE NO. 13-024268 CA 01 KENNETH MANFREDI,' R., and ALEXANDER LIEB , as trustee for the estate of Ernesto Liebster .1 Phuidiffs, VS. KOBALTE1C, INC., an inactive Florida Corporation; MILLENNIUM LOCK INC. cUb/a ULTIMATE LOCK SYSTEMS, a Texas Corporation; DARIUN BAYSINOER, individually; RON DANIELS, individually; JOSEPH TITPNB, individually, Defendants. PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT COME NOW the Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, by and through the undersigned counsel, and hereby move this Court for leave to file their Amended Complaint, a true and cowed copy of which is attached hereto and matted as Exhibit "1," and as grounds therefore state as follows: 1. On July 17, 2013, Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Litter (hereinafter collectively referred to as "Plaintiffs") filed the subject Complaint. 2. Plaintiffs have not attempted to amend the Complaint prior to this motion. 3. This amended Complaint seeks to clarify the damages sought in each separate count, fix scriveners' errois that were contained in the original Complaint, and add an additional cause of action for Civil Theft, as to three of the Defendants. EFTA01198664  Kenneth Manfredi, et at v. Kobaltek, Inc., ei al. Plaintiffs' Motion for Leave to Amend Complaint Page 2 of 3 4. Florida Rule of Civil Procedure 1.190(a) (2013) provides that leave of court to amend pleadings "shall be given freely when justice so requires." The primary consideration in determining whether a motion for leave to amend should be granted is a test of prejudice, and such leave "should not be denied unless the privilege has been abused or the complaint is clearly not amendable." Soucy v. Casper, 658 So.2d 1017 (Ha. 4th DCA 1995); New River Yachting Ctr., Inc. v. Racchiocchi, 407 So.2d 607, 609 (Fla. 4th DCA 1981). 5. In fact, "refusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the privilege to amend has been abused; or amendment would be futile." Spradley v. Stick, 622 So.2d 610, 613 (Ha. 1st DCA 1993); accord Carter v. Ferrell, 666 So.2d 556, 557 (Fla. 2d DCA 1995); see also Dimick v. Ray, 774 So.2d 830, 834 (Fla. 4th DCA 2000) (the preference of the rules of procedure is for all claims to be brought in one action, even by amendment of a complaint provided that the amendment does not prejudice the defendant). 6. Florida conrts have long followed the policy of allowing litigants to amend pleadings freely in order that cases may be tried on the merits, and that amendments to pleadings should be allowed where the basic cause of action is not changed. The test is whether the pleading as amended is based upon the same specific conduct, transaction or occurrence between the parties upon which the plaintiff tried to enforce his original claim. Tuner v. Th-ade-Mor, Inc., 252 So.2d 383, 384 (Fla. 4th DCA 1971). 7. The addition of a cause of action of Civil Theft, pursuant to Florida Statute §772.11 (2013), arises out of the same specific conduct, transaction and occurrence that is and has been averred in the original Complaint, and inclusion of this cause of action is necessary in order for all claims to be brought in one action. The Law Office of Michael I. 7850 146• Street• Suite 501* Miami Lakes, It • 33016•Tel(305)822-8422•Pax(305)82.2.3155 EFTA01198665  Kenneth Manfredi, el al v. Koballek, Inc., et al. Plaintiffs' Motion for Leave to Amend Complaint Page 3 of 3 WHEREFORE, the Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, respectfully request that this Court grant this Motion for Leave to file their Amended Complaint, and for all other relief deemed appropriate by this Court. Respectfully submitted, Law Office of Michael I. Reppas, 7850 NW 146°' Street, Suite 501 Miami Lakes, Florida 33016 Tel (305) 822-8422 Fax (305 822-3155 Email: By: /s/ George C. Palaidis MICHAEL J. REPPAS, ESQ. Florida Bar No. 124702 GEORGE C. PALAIDIS, ESQ. Florida Bar No. 056666 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished on this 6th day of November, 2013, via electronic mail to Joe Titone, Esq., 621 SE 5 Street, Pompano Beach, FL 33060, at joetitone708®comeast.net and Steve Mankodi, Esq., 11972 West Sample Road, Coral Springs, FL 33065, at By: /s/ George C. Palaidis MICHAEL J. REPPAS, ESQ. Florida Bar No. 124702 GEORGE C. PALAIDIS, ESQ. Florida Bar No. 056666 The Law Office of Michael J. Reppas,.. 7850.. we Street* Suite 501* Miami Lakes, FL • 33016•Tek305)822-8422•Fax(305)822-3155 EFTA01198666  IN THE CIRC111T COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KENNETH MANFREDI, sg., CASE NO. 13-024268 CA 01 KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as Trustee for the Estate ofErnesto Liebster, Plaintiffs, vs. KOBALTEK,114C., an inactive Florida Corporation; MILLENNIUM LOCK INC. d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation; DARREN BAYSINGER, individually; RON DANIELS, individually; and JOSEPH TITONE, individually, 1 Defendants. AMENDED COMPLAINT COME NOW the Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, by and through the undersigned attorney, and sue the Defendants, KOBALTBK, INC., an inactive Florida Corporation; MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation; RON DANIhLS, individually; DARREN BAYSINGER, individually; and JOSEPH TITONE, Individttif/bi, and in support thereof allege: i JURISDICTION AND VENUE 1. This is an action for Conversion, Civil Theft, Conspiracy, Fraud, and Breach of Fiduciary Duty, and is for damages that are within the jurisdiction of this Court, exclusive of interest, costs, and attorneys! fees. er EXHSIT The Law Office of Michael 1. Reppas, ■ 7850 N.W. 1464 Street* Suite 501* Miami Lakes, FL • 33016•Te1(305)822-8422•Fiuc(30S)822-3155 EFTA01198667  Magna, et at v Koballek, Inc., et at Plaintiff's Complaint Page 2 of 24 2. Plaintiff, ICENNETH MANFREDI, SR. (hereinafter referred to as "MANFREDI SR"), is a suifurls Georgia t idal 3. Plaintiff, KENNETH MANFREDI, JR. (hereinafter referred to as "MANFREDI JR"), is a suifurls Texas resident. 4. Plaintiff, Al4CANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster (hereinafter referred to as "LIEBSTER"), is a suifurls Maine resident. 5. Defendant, K6BALTEK, INC., (hereinafter referred to as "KOBALTEK") was, at all times material hereto, Florida Corporation with its principal place of business in Broward County, Florida, and conducting business in Miami-Dade County, Florida. lI 6. Defendant, MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, (hereinafter referred to as 1"MILLENNIUM") was, at all times material hereto, a Texas Corporation conducting hustings in Miami-Dade County, Florida. 7. Defendant, RON DANIELS (hereinafter referred to as the "DANIIIIS"), is a sui furls Texas resident, and is ;and was the President and Chief Executive Officer of Defendant, MILLENNIUM LOCK INC), d/b/a ULTIMATE LOCK SYSTEMS, at all times material hereto. 8. Defendant, .BARREN BAYSINGI3R (hereinafter referred to as the I "BAYS1NGER"), is a siftfurls! Broward County resident. _ 9. Defendant, JOSEPH TITONE (hereinafter referred to as the "JOSEPH TITONE"), is a suifurls Br4vard County resident. 10. Venue is proloer in Miami-Dade County, Florida, as the majority of the claims giving rise to the dispute occurred in Miami-Dade County and the Defendant KOBALTEK is a Miami-Dade County corporation. The Law Office ofMichael J. Reppas.p. 7850.. 1466 Street* Suite 5010 Miami Lakes, FL • 330 6•Tel )822.8422.Fox(305)822-315$ EFTA01198668  Manfredi, et al. v. Kobaliek, Inc., ci at. Plaintiff's Complaint Page 3 of 24 FACTS 11. On February 15, 2010, and Felltyary 24, 2010, Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respeetivtly, purchased 2,000 Model 4000 locks (hereinafter referred to as "SUBJECT MERCHANDIOW) from Defendant, MILLENNIUM, and executed a personal guarantee as co-guarantors; for the SUBJECT MERCHANDISE in the amount of ONE HUNDRED THOUSAND DOLLARS (S100,000.00). A true and correct copy of this Personal 1 Gum office is an:relied hereto and marked as Exhibit "A." 12. In our around March 2010, non-party, Rolando Martinez (hereinafter referred to as "MARTINEZ.), an employee of Defendants MILLENNIUM and DANIELS, prepared the SUBJECT MERCHANDISr far shipping from Houston, Texas, to Miami, Florida. See, Martinez's statement to th4 Miami-Dade County Police Department, dated April 20, 2012, regarding Theft Report Cast #PD111027430601, a true and correct copy of which is attached hereto and marked as Exhibil '13." 13. In or around March 2010, the SUBJECT MERCHANDISE was shipped to non- party, DTS DIRECT MAIL1AND FULFILLMENT SERVICES, INC.'s (hereinafter referred to 1 as "DTS") storage warehouse in Miami-Dade County, Florida. Shipping fees in the amount of ONE THOUSAND FOUIll. HUNDRED FORTY DOLLARS (S1,440.00) was paid by LIEBSTER. See, Straight Bill of Lading, a true and correct copy of which is attached hereto and 1 marked as Exhibit "C." 14. Between April 21. 2010 and May 3. 2010, Plaintiffs, MANFREDI SR., and Emesto LIEBSTER paid air1 amounts due for the SUBJECT MERCHANDISE pursuant to the PERSONAL GUARANTEE( See, Draft numbers 1350 and 1352 written from MANFREDI's The In Office of Michael L Reppas,... 7850.. 146' Street. Suite 501* Miami Lakes, FL • 33016•Teff305)822-11422•Fax(305)822-3155 EFTA01198669  Manfredi, et al. v. Kobaltek, Inc., et at Plaintiff's Complaint Page 4 of 24 Non-Party corporation, Dev`ploper Design Group, LLC, true and correct redacted copies of which arc attached hereto and marked as Composite Exhibit "D." 15. In or around Tune 2010, PLAINTIFFS entered into an agreement with a wholesale 1 company in Jamaica for the Muse of the subject property 16. The SUBJE MERCHANDISE was scheduled to remain in storage at DTS' warehouse until it was ready to be shipped to Jamaica. ' 17. On or around, September 3, 2010, Ernesto LIEBSTER died. 18. On or around September 6. 2010 MARTINEZ was asked by Defendant DANIELS and/or Defendant MILLENNIUM to unload the SUBJECT MERCHANDISE into Defendants, DANIELS and MILLENNIUM's facilities in Houston, Texas. See, Exhibit "B." ; 19. MARTINEZilcnew of the sale of the SUBJECT MERCHANDISE to Plaintiffs, I Id MANFREDI SR and LIES TER, and believed same to be the rightful owners of the SUBJECT MERCHANDISE, and bas on that knowledge arranged for the shipping of the SUBJECT I MERCHANDISE to a warehouse t in Miami, Florida 20. MARTINEZ:believed that Defendants DANIELS and/or MILLENNIUM were no longer the rightful owners ol' the SUBJECT MERCHANDISE. Id. 21. On or around September 8, 2010, and upon information and belief the SUBJECT MERCHANDISE was stolen by Defendants, DANIELS and MILLENNIUM from DTS' I Warehouse, and taken across state lines to Defendants, DANIELS and MILLENNIUM's facilities in Houston, Texas.: 22.MARTINEZ Iwas aware of DANIELS and MILLENNIUM's scheme to steal the I SUBJECT PROPERTY, buirefined to take part in same. Id. ' The Law Office ofMichaelL Reppas, 7850. 146th Street* Suite 501* Miami Lakes, FL • 33016•Tel(305)822-13422ernogsAn.3155 M. EFTA01198670  Mafradl, el. al. v. Kobakek, Inc., et al. Plaintiff's Complaint Page 5 of 24 On or around September 26. 2010, PLAINTIFFS were notified that the SUBJECT 23. I MERCHANDISE had been! stolen. PLAINTIFFS immediately notified the Police and FBI I Case regarding said theft. See, Miami-Dade Police Department Theft Report, PPD111027430601, a true aid correct copy of which is attached hereto and marked as Exhibit "E." See also, Exhibit "B." 24. In or arounii September 2010, upon information and belief, Defendants, p BAYSINGER and JOSEPHlITONE began conspiring against PLAINTIFFS for the purposes of diverting potential insuniince proceeds for the theft of PLAITNIFF's SUBJECT i MERCHANDISE from DTSfs warehouse. 25. On or around September 29, 2010, and in furtherance of the conspiracy identified in paragraph 24 above, Defendant BAYSINGER formed KOBALTEK, INC (a named defendant herein). See, Articles of Incorporation for Kobaltek, Florida Department of State, Division of Corporations, a true and correct copy of which is attached hereto and marked as Exhibit "F." i 26. In or around September and October 2010, and unbeknownst to PLAINTIFFS, and in furtherance of ther conspiracy, Defendant JOSEPH TITONE contacted non-party I Sherman Daley (hereinafter 'referred to as "DALEY"), former sales agent for LIEBSTER, and wrongfully informed DALEY that JOSEPH TITONE was representing Plaintiffs, MANFREDI SR. and LIEBSTER in a lau uit against DTS regarding the stolen SUBJECT PROPERTY. See, i Letter from Daley to Manfrech, dated April 23, 2012, a true and correct copy of which is attached hereto and marked as Exhibit "G." 27. In or around September and October 2010, and unbeknownst to PLAINTIFFS, ! and in furtherance of their conspiracy, Defendant BAYSINGER requested that-DALEY issue a The Law Office of Michael J. Reppas, 78501. 1464 Streets Suite 501* Miami Lakes, FL • 33016•TeK305)822-8422•Fax(305)822-3155 EFTA01198671  Manfredi, et. al. v. Kobetrek, bin., ei Plaintiff's Complaint Page 6 of 24 new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and 'white out' Mr. Liebster's mune." Id. 28. Defendant BAYSINGER further told DALEY that Defendant JOSEPH TITONE believed that this new purchase order would "hold 'more credibility' and show standing in this case [against MS]." Id. 29. DALEY refused to comply with Defendants JOSEPH TITONE and BAYSINGER's request to fraudulently alter the purchase order as discussed in the preceding paragraph. Id. 30. On or around October I, 2010 MARTINEZ discovered the SUBJECT MERCHANDISE at Defendants, DANIELS and MILLENNIUM'S facilities in Houston, Texas, and notified PLAINTIFFS of same. 31. On or around October 22, 2010, and January 7, 2011, PLAINTIFFS made a demand for the immediate compensation of the stolen SUBJECT PROPERTY. 32. On or around October 29, 2010, and unbeknownst to PLAINTIFFS, and in furtherance of their conspiracy, Defendant KOBALTEK, via Defendant BAYSINGER and represented by Defendant JOSEPH =ONE., filed a lawsuit against DTS seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse. 33. In or around:January 2011, PLAINTIFFS opened an investigation with the FBI Office in Houston, Texas, regarding the theft of the SUBJECT PROPERTY transported across state lines. 34. In or around March 2011, and over FIVE (5) months after having filed the lawsuit described above, and in furtherance of their conspiracy, Defendant, BAYSINGER approached The Law Office of Michael J. Reppaa, 7850 146th Street* Suite 501. Miami Lakes, FL • 33016•Tela03)822-8422•Fax(105)822-3155 EFTA01198672  Manfredi, ei. at v. Kobalfek, Inc., et at. Plaintiff's Complaint Page 7 of 24 PLAINTIFFS for the first time and informed them that he had just learned of the theft of the SUBJECT PROPERTY, and offered to assist PLAINTIFFS make an insurance claim against DTS. See, Kobaltek v. DTS Direct Mall & Fulfillment Services, Miami-Dade County Circuit Court Case No. 10-58137, q true and correct copy of the Docket Information is attached hereto and marked as Exhibit "H." 35. On or around June 14, 2011, and unbeknownst to PLAINTIFFS, and in fltrtherance of their consliiracy, Defendant KOBALTEIC, via Defendant BAYSINGER, represented by Defendant JOSEPH TITONE, settled the lawsuit with DTS for TWENTY-FIVE THOUSAND DOLLARS (525,000.00). See, Kobaltek v. DTS Direct Mall & Fulfillment Services, Miami-Dade County Circuit Court Case No. 10-58137, Mediator's Report and Settlement Agreement, dated Juno 14, 2011, a true and correct copy of which is attached hereto and marked as Exhibit "I." 36. In or around June 2011, Defendant JOSEPH TITONE approached non-party, Anthony Titone, Esq. (Defendant JOSEPH TITONE's brother and hereinafter referred to as "ANTHONY TITONE") abd requested to use ANTHONY TITONE's Florida Bar Trust Account for the receipt and distribution of the settlement funds. See, Affidavit of Anthony Titone with Attachments, a true and correct copy of which is attached hereto and marked as Composite Exhibit "J." 37. ANTHONY TITONE did not seek or receive the permission of any of the PLAINTIFFS to accept and distribute said fiords or in any other way to represent them as their attorney. The Law Office of Michael 3. Reppas, 7850.. 146° Streets Si le 5010 Miami Lakes, FL • 330 I 6•Teff305)822-8422•Pax(305)822-3155 EFTA01198673  Matted!, et al. v. Xobahek, Inc.. et at. Plaintiff's Complaint Page 8 of 24 38. On or around dune 24,2011, ANTHONY TITONE deposited the TWENTY- FIVE THOUSAND DOLLARS (S25,000.00) settlement funds into his Trust Account. See, Composite Exhibit "J." 39. On or around July 1. 2011, ANTHONY TITONE, at the direction of JOSEPH TITONE and BAYSINGER, distributed from his Trust Account the proceeds from the settlement with DTS as follows: JOSEPH TITONE received FIFTEEN THOUSDAND FIVE HUNDRED DOLLARS (S15,500.00) arid BAYSINGER received NINE THOUSAND FIVE HUNDRED DOLLARS ($9,500.00). Sed, Composite Exhibit "I." 40. In furtherance of their conspiracy, and despite having already filed and settled the lawsuit against DTS, BAYSINGER, in or around July 2011 informed PLAINTIFFS of his intention to hire JOSEPH acITONE to represent than in a lawsuit against DTS on behalf of PLAINTIFFS; the PLAINTIFFS refused JOSEPH TITONE's representation or involvement in any way with the dispute. 41. In or around!September 2011, in furtherance of their conspiracy, and despite having already filed a lawsuit against DTS and settled same, BAYSINGER informed PLAITNIFFS that they were able to recover FIVE THOUSAND DOLLARS ($5,000.00) from DTS but needed said funds to compensate JOSEPH TITONE. 42. In or around! November 2011, PLAINTIFFS contacted DTS' Chief Operating Officer, Christopher Trainor; who informed PLAINTIFFS that they had fallen victims of a hoax by JOSEPH TITONE and BAYSINGER. 43. In or around December 2011, PLAINTIFFS received,for thefirst time, a copy of the settlement agreement between DTS and KOBALTEK, signed by BAYSINGER on behalf of KOBALTEK and signed by JOSEPH TITONE. See, Exhibit "I." The Law Office of Michael J. Reppas, 7850M. 146th Street• Siiite 501• Miami Lakes, FL • 330I6•Te8305)822-8422•Fax(305)822-3155 EFTA01198674  Manned!, et. at v. kobaltek, Inc., et Plaintiff's Complaint Page 9 of 24 44. In or around 'armory 2012, Mark Goldstein, attorney for DTS, orally informed the PLAINTIFFS that BAYSINGER and JOSEPH TITONE "scammed" PLAINTIFFS by wrongfully and fraudulently filing and settling the matter against DTS. 45. In or around January 2012, Mr. Goldstein further orally informed the PLAINTIFFS that BAYSINGER and JOSEPH TITONE perpetuated multiple frauds upon the Court in the lawsuit against DTS by altering documents to establish standing in said case. 46. In or around February 2012, PLAINTIFFS approached BAYSINGER and inquired about the TWENTY-FIVE THOUSAND DOLLAR ($25,000.00) settlement. Defendant BAYSINGER informed PLAINTIFFS that Defendant JOSEPH TITONE took the TWENTY- FIVE THOUSAND DOLLARS (S25,000.00), and then immediately ended the parties' conversation. 47. In or around March 2012, PLAINTIFFS filed a complaint with the Florida Bar against Defendant JOSEPH TITONE for filing the frivolous lawsuit referred to above and for stealing the TWENTY-FIVE THOUSAND DOLLAR ($25,000.00) settlement funds resulting from same. Said complaint with the Florida Bar is still under investigation. 48. The SUBJECT MERCHANDISE identified above was placed from, delivered to, stored in and stolen front Miami-Dade County, Florida 49. The wrongful lawsuit and resulting settlement was filed in Miami-Dade County, Florida. 50. The settlement funds were paid, received and deposited, and released in Miami- Dade County, Florida. 51. To date, Defendants have not returned any of the SUBJECT MERCHANDISE or- otherwise compensated PLAINTIFFS for the theft of same. The Law Office of Michael J. Reppas, 7850-. 146°' Street• Suite 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822.3155 EFTA01198675  Manfredi, et. al. v. KobeItek, Inc., et al. Plaintiff's Complaint Page 10 of 24 52. At present, Defendants, MILLENNIUM and DANIELS owe PLAINTIFFS an amount in excess of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), not including interest and attorneys' fees and costs. 53. At present, Defendants, KOBALTEK, BAYSINGER, and JOSEPH TITONE, owe PLAINTIFFS an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys fees end costs. 54. All demands, opportunities to cure and all conditions precedent to the bringing of this action have been performed, have occurred, or have been waived. COUNT I - CONVERSION (AGAINST DEFENDANTS DANIELS AND MILLENNIUM) 55. PLAINTIFFS repeat and re-allege paragraphs I through 54, as if fully set forth herein. 56. On February 15, 2010, and February 24, 2010, Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respectively, purchased 2,000 Model 4000 locks (hereinafter referred to as "SUBJECT MERCHANDISE") from Defendant, MILLENNIUM, and executed a personal guarantee as co-guarantors, for the SUBJECT MERCHANDISE in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 57. In or around March 2010, the SUBJECT MERCHANDISE was shipped to DTS' storage warehouse in Miami-Dade County, Florida. Shipping fees in the amount of ONE THOUSAND FOUR HUNDRED FORTY DOLLARS ($1,440.00) was paid by LIEBSTER. See, Exhibit "C." 58. Between April 21, 2010, and May 3, 2010, Plaintiffs, MANFREDI SR. and Ernesto LIEBSTER, paid all amounts due for the SUBJECT MERCHANDISE pursuant to the PERSONAL GUARANTEE. See, Composite Exhibit "D." The Law Office of Michael J. Reppas, 7850 146ih Street• Suite 501* Miami Lakes, FL • 330I6•Tel(305)822-8422•Fax(305)822-3155 EFTA01198676  Manin- od!, et. al. v. Kobaltek, inc., et at Plaintiff's Complaint Page 11 of 24 59. On or about September 8, 2010, Defendants, DANIELS and MILLENNIUM converted to their own use the SUBJECT MERCHANDISE that was then the property of PLAINTIFFS of the value of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 60. PLAINTIFFS have made several demands for the return of the property or the value thereof, however, such demands have been futile, and Defendants, DANIELS and MILLENNIUM remain in possession of said property. 61. PLAINTIFFS were damaged as a result of Defendants, DANIELS and MILLENNIUM's wrongful retention of SUBJECT MERCHANDISE in an amount no less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00), not including interest and attorneys' fees and costs. 62. As a direct and proximate result of Defendants, DANIELS and MILLENNIUM's wrongful retention of SUBJECT MERCHANDISE, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover this debt. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendants, MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation, and RON DANIELS, individually, for damages in an amount exceeding ONE HUNDRED THOUSAND DOLLARS ($100,000.00), prejudgment interest, and a jury trial on all issues triable. The Law Office of Michael I Reppas,... 7850-. 146th Sueet• Suite 501 • Miami Lakes, FL • 33016•Tel(305)822.8422•Pax(30S)822.3155 EFTA01198677  Manfredi, ei. at. v. Kobairek, Inc., a at. Plaintiff's Complaint Page 12 of 24 COUNT II - CIVIL THEFT PURSUANT TO FLA. STAT. 4'772.11 (AGAINST DEFENDANTS DANIELS AND MILLENNIUM) 63. PLAINTIFFS repeat and re-allege paragraphs I through 54, as if fully set forth herein. 64. As previously stated herein, on February 15, 2010, and February 24, 2010, Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respectively, purchased the SUBJECT MERCHANDISE from Defendants, MILLENNIUM and DANIELS, and executed a personal guarantee as co-guarantors, for the SUBJECT MERCHANDISE in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 65. As previously stated heroin, PLAINTIFFS paid all amounts due for the SUBJECT MERCHANDISE pursuant to the PERSONAL GUARANTEE by or before May 3, 2010. See, Composite Exhibit "D." 66. Accordingly, the PLAINTIFFS had a legally recognized property interest in the SUBJECT MERCHANDISE 67. As previously stated herein, on or around September 8, 2010, Defendants, DANIELS and MILLENNIUM obtained the PLAINTIFF's SUBJECT PROPERTY with a felonious intent to commit a theft and permanently deprive PLAINTIFFS' of their rights to and benefit of said property. 68. The value of said property was ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 69. As previously stated herein, Defendants, DANIELS and MILLENNIUM, wrongfully and illegally converted the SUBJECT PROPERTY from the DTS warehouse in Miami-Dade County, Florida, and took it across state lines to their facilities in Houston, Texas. The Law Office of Michael J. Reppas,.. 7850 146th Steel* Suite 501. Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198678  Manfredi, et at v. Kobakek, Inc., et at Plaintiff's Complain( Page 13 of 24 70. PLAINTIFFS were injured by Defendants, DANIELS and MILLENNIUM's violation of §812.014 of the Florida Statutes (2013). 71. On or around November 2012, PLAINTIFFS made a formal demand for the value of the SUBJECT PROPERTY to no avail. 72. As a result ofDefendants, DANIELS and MILLENNIUM's actions, and pursuant to §772.11 of the Florida Statutes (2013), PLAINTIFFS are entitled to treble damages and reasonable attorneys' fees and court costs. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas Cosporation, and RON DANIELS, for treble damages in the amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) pursuant to Fla. Stat. §772.I I , prejudgment interest, an award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues triable. COUNT UT - CONVERSION (AGAINST DEFENDANTS KOBALTEK, BAYSINGER AM) JOSEPH TITONE) 73. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if fully set forth herein. 74. On or about June 14, 2011, Defendants, KOBALEK, BAYSINGER, AND JOSEPH TITONE, converted to their own use settlement funds that were then the property of PLAINTIFFS of the value ofTWENTY FIVE THOUSAND DOLLARS ($25,000.00). 75. PLAINTIFFS have made several demands for the settlement funds, however, such demands have been futile, and DEFENDANTS remain in possession of said property. The Law Office ofMichael J. Reppas, 7850.. I46° Street• Suite 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198679  Manfredi, et. at v. Kobakek, Inc., a al. Plaintiff's Complaint Page 14 of 24 76. PLAINTIFFS were damaged as a result of DEFENDANTS' wrongful retention of said settlement funds in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs. 77. As a direct and proximate result of DEFENDANTS' wrongful retention of said settlement funds, the PLAINTIFFS were required to retain the services of the undersigned attomcy to recover this debt. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIBESTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendants, KOBALTEK, INC., an inactive Florida Corporation, DARREN BAYSINOER, individually, and JOSEPH TITONE, Individually, for damages in the amount no less than TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, and a jury trial on all issues triable. COUNT W - CONSPIRACY (AGAINST DEFENDANTS BAYSINGER AND JOSEPH TITONE) 78. PLAINTIFFS repeat and re-allege paragraphs I through 54, as if fully set forth herein. 79. As previously stated herein, Defendants, BAYSINGER and JOSEPH TITONE, conspired against PLAINTIFFS by doing the following overt acts in furtherance of their conspiracy: A. by conspiring to divert potential insurance proceeds for the theft of PLAITNIFP's SUBJECT MERCHANDISE from DTS's warehouse; B. by forming Defendant, KOBALTEK, on or around September 29, 2010, for the purposes of using such entity as the Plaintiff in the wrongful lawsuit filed against DTS; The Law Office of Michael J. Reppas, 7850.. 146th Street• Suite 501• Miami Lakes, FL • 33016•TeK305)822-8422•Fax(305)822-3155 EFTA01198680  .e• Manfredi, el. at. v. Kobaltek, Inc., a at. Plaintiff's Complaint Page 15 of 24 C. by BAYSINGER's soliciting and hiring Defendants JOSEPH TITONE without the PLAINTIFFS' knowledge or approval, and despite their absolute protest about doing so; D. by JOSEPH T1TONE'S representation of the PLATNTIFF's company and assets without their knowledge or consent; E. by conspiring to knowingly, wrongfully, falsely and maliciously make statements to DALEY, and wrongfully informing DALEY that JOSEPH TITONE was representing Plaintiffs, MANFREDI SR and LIEBSTER against DTS regarding the stolen SUBJECT PROPERTY; F. by conspiring to knowingly, wrongfully, falsely and maliciously request that DALEY issue a new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and 'white out' Mr. Liebster's name," as such would "hold 'more credibility' and show standing in this case [against DTS];" G. by filing a lawsuit against DTS on October 29, 2010, seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse without the knowledge or consent of the PLAINTIFFS; H. approaching PLAINTIFFS FIVE (5) months after having already wrongfully filed the lawsuit described in the preceding paragraph, andfor the first timeinforming PLAINTIFFS that Defendant BAYSING13R had just learned of the theft of the SUBJECT PROPERTY, and offered to assist PLAINTIFFS in making an insurance claim against DTS; The Law Office of Michael L Reppas, 7850 N.W. 1466 Streets Suite 501• Miami Lakes, FL • 33016•Tel(305)822.8422•Fax(305)822-3155 EFTA01198681  Manfredi, et at v. Kobatrek, Ine., et at Plaintiff's Complaint Page I6 of 24 I. by settling the case for insurance claims against DTS on June 14, 2011, and in spite of the fact that the PLAINTIFFS had no knowledge that such lawsuit had been filed in the first place; J. by informing PLAINTIFFS, in or around July 2011, of Defendant BAYSINGER's intention to solicit the assistance of JOSEPH TITONE in the recovery efforts against DTS, all the while having already known of JOSEPH TITONE's involvement in same, and having known of sante already having been settled; K. by informing PLAINTIFFS, in or around August 2011, that DTS offered to settle the matter for FIVE THOUSAND DOLLARS ($5,000.00), despite the fact that Defendants had already filed a lawsuit against DTS, and settled same for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), Jive times the amount relayed to the PLAINTIFFS; L. by intentionally misinforming PLAINTIFFS, in September 2011, that he was able to secure a FIVE THOUSAND DOLLARS ($5,000.00) settlement from DTS, but that same was needed to compensate JOSEPH TITONE for his services; M. by failing to provide PLAINTIFFS with a copy of any documents whatsoever reflecting the settlement with DTS regarding the SUBJECT MERCHANDISE; N. by directing DTS to deposit the settlement funds into ANTHONY TITUNE's Trust Account; O. by perpetuating multiple frauds upon the PLAINTIFFS, DTS, and the Court in the lawsuit against DTS, by altering documents to establish standing in said case; The Law Office of ivfichsel L Reppas,W 7850 M. 146th Street. Suitc 501. Miami Lakes, EL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198682  Manfredi, et. at v. Kohn!Wk. Inc., a al. Plaintiff's Complaint Page 17 of 24 P. by otherwise conspiring to knowingly, wrongfully and illegally alter documents and submit same to the Court for purposes of obtaining a settlement from DTS; Q. conspiring to obtain and retain the settlements amounts received from the lawsuit against DTS; and R. by otherwise conspiring against the Plaintiffs as described with particularity in paragraphs I tbmugh 54 above. 80. PLAINTIFFS were damaged as a direct and proximate result of Defendants, BAYSINGER and JOSEPH TITONE's conspiracy for the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs. 81. As a direct and proximate result of BAYSINGER and JOSEPH TITONE's conspiracy, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover the settlement amount. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendants, DARREN BAYSINGER, individually, and JOSEPH TITONE, individually, for damages in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, and a jury trial on all issues triable. COUNT V - FRAUD (AGAINST DEFENDANTS KOBALTEK, BAYSINGER AND JOSEPH TITONE) 82. PLAINTIFFS repeat and re-allege paragraphs l through 54, as if fully set forth herein. 83. In or around September, and October 2010, and unbeknownst to PLAINTIFFS, Defendant JOSEPH TITONE contacted DALEY, and knowingly, wrongfully and falsely The Law Office ofMichael L Reppas, 7850 146th Street• Suite 501* Miami Lakes, FL • 33016sTel(305)822-8422•Fax(303)822-3155 EFTA01198683  Manfredi, et al. v. Koh°lick, Inc., cl al. Plaintiff's Complaint Page 18 of 24 misrepresented to DALEY that JOSEPH TITONE was defending Plaintiffs, MANFREDI SR and LIEBSTER against DTS regarding the stolen SUBJECT PROPERTY. See, Exhibit "G." 84. In or around September and October 2010, and unbeknownst to PLAINTIFFS, and in furtherance of their conspiracy, Defendant BAYSINGER requested that DALEY Issue a new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and `white out' Mr. Liebster's name."Id. 85. Defendant BAYSINGER further told DALEY that JOSEPH TITONE believed that this new purchase order would "hold 'more credibility' and show standing in this case (against DTS]."Id. 86. On or around October 29. 2010, Defendant KOBALTEK, via Defendant BAYSINGER and represented by Defendant JOSEPH TITONE, knowingly, wrongfully and falsely misrepresented to the Circuit Court of Miami-Dade County that same had standing to file a lawsuit against DTS seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse. 87. In an effort to establish standing, Defendants KOBALTEK, BAYSINGER and JOSEPH TITONE wrongfully and illegally altered documents and submitted same to the Court. 88. In or around March 2011, and over FIVE (5) months after having filed the lawsuit described in the preceding paragraph, Defendant BAYSINGER knowingly, wrongfhlly and falsely misrepresented to PLAINTIFFS that he had just learned of the theft of the SUBJECT PROPERTY, and offered to assist PLAINTIFFS make an insurance claim against DTS. 89. In or around August 2011 despite having already filed a lawsuit against DTS and settled with same for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), BAYSINGER The Law Office ofMichael J. Rquiss,.. 7850 I46i° Street* Suite 501. Miami Lakes, FL • 33016•Te1(305)822-8422•Fax(305)822-3155 EFTA01198684  Manfredi, et al. v. Kobatisk, Inc., et at. Plaintiff's Complaint Page 19 of 24 knowingly, wrongfully and falsely misrepresented to PLAINTIFFS that DTS offered to settle the matter for FIVE THOUSAND DOLLARS ($5,000.00). 90. In or around September 2011, in furtherance of their conspiracy, and despite having already filed a lawsuit against DTS and settled same, BAYSINGER informed PLATTNIFFS that they were able to recover FIVE THOUSAND DOLLARS ($5,000.00) from DTS but deeded said funds to compensate JOSEPH TITONE. 91. BAYSINGER and JOSEPH TITONE made such misrepresentation intending for DTS and the CIRCUIT COURT OF MIAMI-DADE COUNTY to rely on such misrepresentations, ultimately, to the detriment of the PLAINTIFFS and DTS. 92. PLAINTIFFS were damaged as a result of DALEY, the CIRCUIT COURT OP MIAMI-DADE COUNTY and DTS' reliance on said misrepresentations, in an amount not less than TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including not including interest and attorneys' fccs and costs. 93. As a direct and proximate result of DEFENDANTS' wrongful conduct, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover this debt. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the