EFTA01092956.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO. JEFFREY EPSTEIN, individually, Plaintiff, vs. SITRICK AND COMPANY, a division of SITRICK BRINCKO GROUP, LLC Defendant. COMPLAINT TO STAY ENFORCEMENT OF FOREIGN JUDGMENT COMES NOW, JEFFREY EPSTEIN, appearing specially, by and through his undersigned attorney, and files this Complaint to Stay Enforcement of Foreign Judgment, and as grounds would show: 1. This is an action in which the amount in controversy is in excess of $15,000. 2. The Defendant, SITRICK AND COMPANY, a division of SITRICK BRINCKO GROUP, LLC, is a Delaware limited liability company which does business in the State of California. 3. The Plaintiff, JEFFREY EPSTEIN, is and was, at all times material hereto, a resident of the U.S. Virgin Islands. 4. On or about August 27, 2014, the Defendant caused to be filed an "Affidavit in Support of Foreign Judgment in Florida" with the Clerk of the Fifteenth Judicial Circuit, in and for Palm Beach County. A copy of this Affidavit, along with the California default judgment in EFTA01092956  question, are attached hereto as Composite Exhibit "A". 5. The California default judgment attached hereto is void and unenforceable as the Plaintiff, JEFFREY EPSTEIN, was never properly served with process in the underlying California action in which the default judgment was obtained. 6. A Proof of Service of Summons which was filed in the California action in which Defendant obtained its default judgment is attached hereto as Exhibit "B". According to the statements made in that Proof of Service of Summons, the purported service on Plaintiff allegedly took place at 358 El Brillo Way, Palm Beach, Florida. 7. As can be seen on the face of Exhibit "B", a process server attempted substituted service on Janusz Banasiak at the 358 El Brillo Way address. As also can be seen on the face of Exhibit "B", Mr. Banasiak informed the process server that JEFFREY EPSTEIN was not in, that he had left and Mr. Banasiak did not know when he would be retuning. Further, the process server was told that it could be a couple of months before Mr. EPSTEIN would be present at the 358 El Brillo Way address. 8. As stated above, Mr. EPSTEIN is a resident of the U.S. Virgin Islands, and Mr. Epstein's residence in the U.S. Virgin Islands is his usual place of abode. 9. 358 El Brillo Way, Palm Beach, Florida, is not Mr. EPSTEIN's usual place of abode and he was not present or residing at that address when service was attempted. The Proof of Service of Summons shows on its face that there was no individual service on Mr. EPSTEIN, and because the attempted substitute service was made at an address which was not Mr. Epstein's usual place of abode, pursuant to Florida Statutes §48.031, the attempted service was ineffective, and the California default judgment obtained following the defective service is void. WHEREFORE, Plaintiff, JEFFREY EPSTEIN, requests that this Court stay enforcement of EFTA01092957 the foreign default judgment pending a hearing confirming the impropriety of the service of process by which this default judgment was obtained. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via certified mail, return receipt requested, to: Jonathan B. Cole and David A. Myers, NEMECEK & COLE, Attorney for Defendants, 15260 Ventura Boulevard, Suite 920, Sherman Oaks, CA 91403-5399, this 15th day of September, 2014. /s/ W. Chester Brewer. Jr. W. CHESTER BREWER, JR. FLORIDA BAR NO.: 0261858 W. Chester Brewer, Jr., P.A. Attorney for Plaintiff One Clearlake Centre, Suite 1400 250 Australian Avenue South 33401 Primary email: Secondary email: EFTA01092958  CFN 20140318368 OR /3X 27003 PG 1065 I JONATHAN B. COLE (70460) RECORDED 60/27/2014 88:08:15 DAVID A. MYERS (140181) Pala Beach County, Flar-ida 2 I NEMECEK 8c COLE Sharon R. Book, CLERK & COVIDELLER Professional Corporation Pgs 1063 - 1%7; tans) 3,3260 Ventura Boulevard, Suite 920 Oaks, California 91403-5399 4 81788-9500 Tel. / (818)501-0328 Fax 5 eys for Plaintiff SITRICK AND COMPANY, a 4islog of SITRICK BRINCKO GROUP, LLC 6 7 8 g:". SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 t a:::-Z FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 10 11 SITRICK AND .ANY, a division of Case No.: BC 502448 SITRICK BRINCK'GROUP, LLC [Assigned to the Hon. Kevin C. Braille, 12 Dept 20) 13 AFFIDAVIT IN SUPPORT OF Plaintiff, \--P FOREIGN JUDGMENT IN FLORIDA 14 Zdi) 15 (t P- 16 JEFFREY EPSTEIN, an indivi& and DOES 1 through 20, inclusive, 17 18 Defendant. 19 20 21 DAVID A. MYERS, declares: 22 1. I am an attorney licensed to practice law in the State of California. I am a member of 23 Nemecek & Cole, a Professional Corporation, the attorneys of record for PlaintifUludgment Creditor, 24 SITRICK AND COMPANY, a division of SITRICK BRINCKO GROUP, LLC ("SITRICK"). 1 25 have personal knowledge of the following facts and could and would competently testify thereto if 26 called as a witness in this action. 27 2. The judgment creditor's name is SITRICK AND COMPANY, a division of SITRICK 28 BRINCKO GROUP, LLC and the business address is 11999 San Vicente Blvd., Penthouse, Los -1- 2!89003P. I I Aftldrt i.crpti Book27003/Page1065 ". Page 1 of 3 EFTA01092959  I II Angeles, CA 90049. 2 3 3. The judgment debtor is!mown to me as JEFFREY EPSTEIN and was last known to 4 'cis at 358 El Drib Way, Palm Beach, FL 33480. .110) !declare under penalty of *try under the laws of the State of California that the foregoing is o 6 trit rect 7 8 Dated: ligg) ii il 9 Cfi 10 # I1 VS. 12 7 O 13 14 State of California v, I5 County of os 7t es 16 On A ilg-P2i) -701(1.- before me/YAW)1214405 Rbt / Q, Onsert name ant. ti eoku cer 17 personally appeared kat / i (IS Pitifir S 18 who provided to me o e basis of tory ethdente to be the person(a). whose name(a> isiass— subswibed to the within instrument and acknowledged to me that heishe y executed the same in 19 hiashaaltheir authorized capacityciae); and that by hisibaritheir signaturo(r+on the instrwnent the verso*); or the entity upon behalf of which the penon(4)-acted, executed the instrument. 20 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing 21 Ipamagraph is true and correct. 22 WOMIE M1. MAGKS0DI WITNESS my hand and official seal. toradision • 2042100 23 •• won Rthle Connie v ../ ACIalart 0:011 g 24 ite ktniVit 25 26 27 28 -2- 24$9O03P.I I Afflthroltupd Book27003/Page1066 Page 2 of 3 EFTA01092960  Notice • Retarding of Foreign Judgment 55. This nodee b portuatt to provisions loin F.S. Chapter nt The foregolag ream the Dam & Spats of the Judgme Crtelita y, Upy. *lied by Resist ed . Mall Mal 0 lt 6011211 'NO US of Sh R. BockComptroller By Book27003/Page1067 Page 3 of 3 EFTA01092961 Rain tw Wain selloiddrened sweet( •••••looe 7 Num MIIMMUUMIUM Adentest CFN 20140.318369 OR OK .27003 PG 1068 RSzoRols ReF72/1414 ifileitle IS Pala Raabe Ceenty, Florida anal R. Seel, fl. Pisa 1B6a - 1069s COMPTIPOLLI0 f2pga) ANIEMMEIX4 VP ° -- ORIGINAL. '- preidelWaff 140111 - NI.FEZ ‘ 15260 Yeatura ENO. Sik; 924 Mennen Oaks, CA 91401 taus:: ea 11 Si-E500 Rana pates MO 5014328 la loom ramp* ecskcotabben snow. me wee Pit PLED bUdieb0R courrr of cmninicatimirr Ce Lou Anglia r - , imam. Ill Needyilf Saone t Cana La tAromas wurafeeme row to eat Los Alselee, APR 142014 Wattle 90012 001:"MAL CEnnta. Rant? . WW1( MEANY, • divisko o(SITILICK es. rg- - BRJNOCO GROUP, 11,C 0 . teTENIMlir JEFFREY EPS set adividusl: wed DOES 1.20 JuodWitr, iR .Cadet ay Clerk by befeule Aftae Court Mei M by Cast BC502441 sepaisorty, omnisar tzmot • • (r) 1. M ET DEFAULT Jut:Groff • 0ethrdant was woperty revue vat a ecjiynt," awn% wed ccen0lso a b. Warden( Wed lo onion Ms C0NIgall prsaae end defend he saw wow. do Owe eland by a • Delenetants Maui was Weed by to cleek owl Merl NOCola • C a..v. Jodrell (CadeCIL Roc. I WW1 Deirda a wed only an • ocetect or agreed al • owl of doe law eat me mono el rtoney. 0. (21 Court Afdgenent (Code Ow. Rea. f 5000 The cowt omaidwed 0) C pliendraleseenany end new oedema. RI m *dreg WW1 detention (Code Cha ROC, I faer(d)). STMT./0014 a Moir sod daraloal agrees (ape WO the a )s4. be wowed In ft cos The cowl apprwed the elbeffaie0 jerwent .s end D.O thinned when alga llon eaw Ned r the deer c C to stpulaecn was slated In open oxel I=1 Me Saba, we Med an tie wort S. 1= AFTER COURT TRIAL The Myles waived. The ceurSCONPOSIt• San a The owe we bled on Mtn* ant: beers (In of Jidda' onIcol: a Appearances by Finer Mena oscitl: CI Pint stoney Owe ewSd.: 01 (1) (2J ED Continued on Aftechrel 30, Daltal (TWA NCO Defencent L Wow fan/ allk C (I) (1) Cl) C Cortese en Aftethmeni 3b. a 1L1 Doi road tad not wow turf Catandart wee apart weed Wei PS of art. E1 A Melamine of decision (Cede Ow. Poc.-1O2)Q edd "Meld OpfaiUm JUDGMENT mama. al Oman IRIAMInseelay , sc* puha ma P— *r NO Book27003/Page1068 Page 1 of 2 EFTA01092962  L Kamm SITRICK AND COMPANY, a division of SITRICK BRINC K0 WA KAMM GROUP, LLC B80502448 DEFEND D ANT: JEFFREY EPSTEIN; an Individual; and DOES 1-20 JUDGMENT IS ENTERED AS SOLLOVYS BY: CE THE COURT C THE CLERK 4. Ei Stipulated Judpment. Judgment le entered acconlin g to the seputabon of the parties. 5 Judgment Is CigOo , r pLairdiff Marne each):Sitrick And Company, a \ \:::.94iyteion of Sitrick &tack° Group, LLC c. C for croatcomplainant (name est): SMO egaIrtet defendant (namets). Jeffrey Epstein, an and ag elnst crostdetenclant (name nth); `adtrvf sal S ignal on Ma inert 6a El Continued on Arachment 5c. b. 0 Pot dont (name etch): d. for trots-defendant (mime each): S. Ant*Unt. tiO Defendant net MIME* above nnat c. C Cross-defendant named In Man Sc above mod pay pay pan e on Mmplefit crosa-oxrplainent on the cross-complart: 0) [10 Damages S 103,517.82 (2) CZ Prejudgment V f iA 29,652.93 (1) 0 Damages s 0.00 V. (2) ED Prejudgment $ 0.00 Interest at the a annual rate of interest at the I0 annual ride of % Attorney lees ..., 0,000.00 (3) C Atoms)? fin $ 0.00 Can .293.47 (4) C Coats $ 0.00 Other (spacity): S 2 .00 (5) C .) Other (apedfy): S 0.00 (8) TOTAL $155114,122 (3) TOTAL $ 0.00 b. C PlandTto rscalve nothing Plitt d. Q Croat-complainant to receive nothing from named In Burn 6b. aoss-datendant named In Item 5d. 0 Defendant mined h Item EC to niCove C Crose-detendant named In item 54 to recover 940 S 0.00 I ) and Sarney fen 5 0.00 990 0. 00 LJ end ettomey Nos S 0 .00 7. ED Other (sPeciftt r Dale KY C AOCIALOPTICCA s • Date: C::) Clerk by Deputy ' CLERK'S CERTIFICATE (Optcool) I tartly that thlt atone copy of the orIgInal yudgmere on Ns In the court. Date: R. AUG 1 521114 Clerk by Deputy rep De al JUDGMENT Book27003/Page1069 Page 2 of 2 EFTA01092963 JP • • ORIGINAL fattens7 07 PARTY WITM00T MORN= (Ness. State war number, and POS-010 address). PDX CONS! USE cear JONATHAN B. COLE 70460 NEMECEK & COLE s.- 15260 VENTURA BLVD., SUITE 920 ED LOBANGELESSUFERIVR COURT SHERMAN OAKS, CA 91403 menost. (818) 788-9500 armemrimm: PLAINTIFF JUN 72 2013 L.A. SUPERIOR COURT/ CENTRAL LIMITED/UNLIMITED gun).re • KE,CLERK mem moues, per rule 2.150 (a)(0) i etemuctencham CITY AND SIP CODS: the address of the court is not required BY /MARRY[ PES.DE BRANCH MAME: Plaintiff SITRICK AND COMPANY, A DIVISION OF SITRICK BR O41) meows' Defendant JEFFREY EPSTEIN BC50244n -- 2,D Olt. Ref. or Pile No.: PROOF OF SERVICE OF SUMMONS 2489.003 (Separate proof of service is required for each party served.) 1. At the time of service I was at least IS years of age and not a party to this action. 2. I served copies of: SUMMONS; FIRST AMENDED COMPLAINT; NOTICE OP CASE ASSIGNMENT-UNLIMITED CIVIL CASE 3. •.(X30 Party served JEFFREY EPSTEIN, AN INDIVIDUAL b.1_I Person (other than the party in item le) served On behalf of an entity or as an authorised agent (and not a wean under Item Shen whoa substituted envies was wade) (*peeler Moe end relationship Co the party named in Stem )a): 4. Address where the party en served: 358 EL BRILLO NAY Palm Beach. FL 33480 S. I served the party (flea proper box) b. OW by substituted service. On (date): OS/10/17 at (time): 10:00 am I left the <kw:laments listed in item 2 with in the presence of, JANUSZ BANASIAK, CO-OCCUPANT 0 (2)(XX/ (home) a competent member of the houeehold (at least IS years of age) at the dwelling home or usual place of abode of the party. I informed him or her of the general nature of the papers. Fa let (XX x thereafter mailed (by first-class, postage prepaid) copies of the documents to the person tobe Fi served at the place where the copies were left (Code Civ. Proc.. 415.20). I mailed the documents on (date): 05/31/13 from testy): BOCA RATON, FL or I_) a declaration of mailing le attached. (S) (XX I attach a declaration of diligence stating actions token first to attempt personal service. hJ Page 1 of 2 COmpuper-generated form PROOF OF SERVICE OF mama Cade of Civil Procedure, 417.10 Judith CouncilofCalifornia P0S-0be (Rev. January 1, 2007) 00: it Alberts ammitgoini EXHIBIT "B" EFTA01092964  PlmIntiff • SITRICK AND COMPANY, A DIVISION OP SITRICK BRINCK • case NUM«: Delendane JEFFREY EPSTEIN BC502 4 4 8 c.[_1 by mill and acknovledgeent ot recelpt ot service. r østled the documents listed in åta 2 tø the party, to the «lires' %han in Item a. by first-eltes mill, postet,* prepaid. (1) on (det.). (2) from (city). (3)(__1 with tun Ooples of the »atlet and Actnowledgmen t ot Receipt (tone 710(4)(41 and ø postage paid return smmlope eddaaaaad to at. nittien complete4 Mottoa and Acknowledgement ot asceipt (fonn Pel(al(4).) (Oade ot Civ. Proc., 415.)0).( (4) (_I to an addrese ~side California with return receipt reguested. (Code elv. Prot.. 415.40) d. I_1 by other moens epecify moane of service ond authorising code mactIon): 6. Tim , Notice to the Person Derved» (on the eummona) mas completed as fo/lowir a.(Yit1 as en individual detendant b.(_1 es the person sugd under the flette!~ sume of (specify): c.(_1 as occupent/tenant. d.( ) on hohest of, under the following Code of Civil Procedure «orion' (_3 CCP 416.10 (corporation) (___1 416.60 (onnor) (_1 416.20 (deCunct corporation) I___J 416.70 (ward or conservatee) ( 1 416.20 (jolnt stod( or company association) ( _1 416.90 (authorlaed person) (.3 416.40 (association or partnerehip) ( / 415.46 (occupant/tenant) ( 1 416.50 (public *nitti') (___1 other: (_1 CCP 415.95 (business organization, form ~Ovn) 7. Person who Derved parere • . : M.S. MCNULTY akt' Fot :Ariattow4 tam. Weetrdeaace, rat. b. menn 16938 Ventura Boulevard Encino CA 91316 c. Telephone nueber: (213) 928-7247 d. The Ise for service was: $ 220.00 (toccnorablo under CCP10 3 . 5 (• I ) 110) e. I am: (1) Celt] not • registered California process server. (2)[ e$4444Pt tron registration ender Bundne** and Professions Cotte *action 22150(24. øl( ) registered California protese server. (i) I_) Omner (_1 Il•Pleree ( 3 Independent contractor. (ti)nagletration Wo.. (111)County; Ø. (XX1:DI declare under penalty of perjury under the laus of the State ot California that Crithe foregoing le true and torrett. or 9.( j''t ena California sheriff or marshal and I certify that the foregoing lø true and torrett. Date. 46/03/13 MCNULTY (14414s Op PIX804I WHO SERVID PAPHRWSKRRIPP OR MaIUMP414 (SICRtaTURRI 0 Pag* 2 of 2 Computgr-generated form PROOF OF SERVICE OP 5131043NS ada ot civil Procedure. 417.10 Judicie Council of California P08-010 (nav. January 1, 2007) 00: 11 EFTA01092965  • ATTORNEY or PARTY MINCER ATTORNEY (M.'s. Rate Mar nuaber, POE -010 and address). FOR cover USE CULT JONATHAN B. COLE 70460 NEMECEK & COLE ... 15260 VENTURA BLVD., SUITE 920 SHERMAN OAKS, CA 91403 nuarta. (818) 788-9500 ATTORNEY FOR (Na): PLAINTIFF L.A. SUPERIOR COURT/ CENTRAL STREET xmxass, per rule 982.9 (a)(8) : MAILING ADDRESS: the address of the court is not required CITY ANT) ZIP COCA: MANOR HAKE: L.A. SUPERIOR COURT/ CENTRAL LIMITED/U NLIMITED t_ Plaintiff SITRICK AND COMPANY, A DIVISION OF SITRICK BR OWENVICER: Defendant JEFFREY EPSTEIN BC502448 Ref. or File No Declaration of Diligence 11-13541601 I received the within process on 05/15/13 and that after due and diligent effort. I have been unit'''• to effect personal service on U. within named party. Dates and times of attempts with reported details are listed below. Coats for diligence pertaining to substituted service is recoverable under. 1011.5(a)(4)(8). Serve: JEFFREY EPSTEIN, AN INDIVIDUAL Noce address: 358 EL BRILLO WAY Palm Beach, FL 33480 Business address 05/16/13 5:30pm NOT IN PER A MALE OCCUPANT, SAID JEFFREY EPSTEIN WAS NOT IN, HE LEFT AND DOES OT KNOW WHEN HE WILL BE RETURING, IT COULD BE A COUPLE OF MONTHS. I ADVISED HIM I WOULD KEEP CHECKING BACK PERIODICA LLY. A VEHICLE IN THE DRIVEWAY, FL TAG: /014H78, IS A CHEVY SUBURBAN REGISTERED TO NEC LLC IN NY. 05/18/13 7:45am SECOND ATTEMPT WAS MADE ON JEFFREY EPSTEIN. SAME MAN ANSWERED THE DOOR AND SAID, "I TOLD YOU , HE IS NOT HERE*. I TOLD HIM I WOULD TRY BACK ANOTHER TIMES. I HAD TOLD HIM I AM A COURIER DROPPING OFF AN ENVELOPE WHICH SAYS IT HAS TO BE PERSONALLY DELIVERED. A SECOND VEHICLE WAS IN THE DRIVEWAY, FL TAG, BNHJ51, REGISTERED TO JANUSZ BANASIAK AND RODICA OFTLLA BANASIAK AT THIS ADDRESS. 05/24/13 10:30am No answer at residence on current attempt. A vehicle in the driveway with FL tag BDL H78. 05/29/13 9:50am No answer at residence on current attempt. Same vehicle in the driveway with FL tag BDL H78. 05/30/13 8:00am No answer at residence on current attempt. Same vehicle in the driveway with FL tag BDL H78. 05/30/13 10:00am SUBSTITUTED SERVICE ON JANUSZ BANASIAK, CO-OCCUPANT AT THE GIVEN C) (F) (COntinued on next page) 'Ora Adopted by roe 982 Declaration of Diligence Raft: 11-1)541601 BIM is/ (5) EFTA01092966  • POS-010 ATTORNEY Ot PARTY WITHOUT AMMAN (Mime. State bar owrber. and address); FOX COURr Ott ONLY JONATHAN B. COLE 70460 NEMECEK i COLE ... 15260 VENTURA BLVD., SUITE 920 SHERMAN OAKS, CA 91403 Tune; (818) 788-9500 arrcemoreol(mme)s PLAINTIFF L.A. SUPERIOR COURT/ CENTRAL mono areacee. per rule 982.9 (a)(8): MILLIS:LA.00MM; the address of the court is not required CITY AND SIP 000E. BRANC(Mkt L.A. SUPERIOR COURT/ CENTRAL LIMITED/UNLIMITED Plaintiff SITRICK AND COMPANY, A DIVISION OF SITRICX BR CUENuNIMM, Defended JEFFREY EPSTEIN BC502448 Ref. or rile No.. Declaration of Diligence 11-13541601 I received the within process on 05/15/13 end that after due and diligent effort. I have been unable to effect personal service on the within named party. Dates and times of attempts with reported details are listed below. Costs for silleeece pertaining to substituted service is recoverable undermi. 101).P(a)(e)(10. tern.' JEFFREY EPSTEIN, AN INDIVIDUAL Hoomadibmast 358 EL BRILLO NAY Palm Beach, FL 33480 mammal edam, ADDRESS. MAILED OUT TO THE GIVEN ADDRESS ON 05/31/13 FROM BOCA RATON, FL. I declare under penalty of perjury under the laws of the State of California that the foraging is true and correct. Persok4erving (name. address. and tolereeme No.): roe for semices $ 220.00 (recoverable per C.C.P: 1033.5(a) N)(8)) W.S. iMCNULT;(166aRetleutluSleffainabeeleAex- CIA/ Not a registered California process server. 16938'Ventura Boulevard ( 1 Exempt from registration under 22350(b). EnciA6 CA 91316 '1 Registered California process server. (213).a928-7247 (1) Reployee or independent contractor. sS (2) Registration No.: (3) County. Date' E05/03/13 1.1:11!");:.:<1,711jf rots kapted by rule P12 Declaration of Diligence ,S2.9(tMS) 11-M41401 03: 21 EFTA01092967