Scribd Logo
Upload

Welcome to Scribd!

  • 194 views

    Motion To Dismiss SFRX V Torres

    Uploaded by

    smallcapsmarket
    Defendant Michael Torres filed a motion to dismiss Plaintiff Seafarer Exploration Corp.'s amended complaint. The motion argues that the complaint fails to state valid causes of action for fraud in the inducement, fraud, civil theft, and injunctive relief under Florida law. It claims the fraud and theft allegations lack specificity regarding the false statements, context, and Defendant's intent. It also asserts there are no grounds for immediate injunctive relief. The motion requests dismissal of all counts with prejudice and costs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Motion To Dismiss SFRX V Torres

    Uploaded by

    smallcapsmarket
    194 views4 pages
    Defendant Michael Torres filed a motion to dismiss Plaintiff Seafarer Exploration Corp.'s amended complaint. The motion argues that the complaint fails to state valid causes of action for fraud in the inducement, fraud, civil theft, and injunctive relief under Florida law. It claims the fraud and theft allegations lack specificity regarding the false statements, context, and Defendant's intent. It also asserts there are no grounds for immediate injunctive relief. The motion requests dismissal of all counts with prejudice and costs.

    Original Description:

    Where's the harm? Interesting argument.

    Original Title

    Motion to Dismiss SFRX v Torres

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Defendant Michael Torres filed a motion to dismiss Plaintiff Seafarer Exploration Corp.'s amended complaint. The motion argues that the complaint fails to state valid causes of action for fraud in the inducement, fraud, civil theft, and injunctive relief under Florida law. It claims the fraud and theft allegations lack specificity regarding the false statements, context, and Defendant's intent. It also asserts there are no grounds for immediate injunctive relief. The motion requests dismissal of all counts with prejudice and costs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    194 views4 pages

    Motion To Dismiss SFRX V Torres

    Uploaded by

    smallcapsmarket
    Defendant Michael Torres filed a motion to dismiss Plaintiff Seafarer Exploration Corp.'s amended complaint. The motion argues that the complaint fails to state valid causes of action for fraud in the inducement, fraud, civil theft, and injunctive relief under Florida law. It claims the fraud and theft allegations lack specificity regarding the false statements, context, and Defendant's intent. It also asserts there are no grounds for immediate injunctive relief. The motion requests dismissal of all counts with prejudice and costs.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4
    At a glance
    Powered by AI
    The document discusses a motion to dismiss filed by the defendant Michael Torres in response to a complaint filed against him. Torres argues that the plaintiff's amended complaint fails to properly state causes of action for fraud, fraud in the inducement, civil theft, and does not provide grounds for injunctive relief.

    The defendant is requesting that the court dismiss the plaintiff's amended complaint with prejudice and award the defendant fees and costs associated with defending the action.

    The defendant argues that the amended complaint fails to properly state causes of action for fraud, fraud in the inducement, and civil theft under Florida common law due to insufficient facts alleged to prove the elements of those torts.

    Filing # 108601565 E-Filed 06/09/2020 02:49:24 PM

    IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT


    IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
    CIRCUIT CIVIL DIVISION

    SEAFARER EXPLORATION CORP.,


    Plaintiff,

    v. Case No. 20-CA-0003434


    Division: A

    MICHAEL TORRES
    Defendant.

    CLEARTRUST, LLC
    Third Party Respondent

    DEFENDANT MICHAEL TORRES’S MOTION TO DISMISS


    PLAINTIFF’S AMENDED COMPLAINT

    COMES NOW Defendant Michael Torres, by and through undersigned counsel,

    and submits his Motion to Dismiss Plaintiff’s Amended Complaint pursuant to Rule

    1.140(B) Fla. Stat., and in support of the Motion, without waiving and specifically

    reserving any right it has to object to the sufficiency of process, service of process, proper

    venue or jurisdiction of this court, moves this Court for the entry of an Order dismissing

    this cause with prejudice, and as grounds therefore states:

    ARGUMENT

    I. Plaintiff’s Amended Complaint fails to properly state a cause of action for “Fraud

    in the Inducement” as there are not sufficient facts alleged to suffice the burden of

    proving the disparate elements of that tort. To state a cause of action for fraud in the

    inducement, a Plaintiff must allege that there was a misrepresentation of a material fact,

    that the representer of the misrepresentation knew or should have known of the falsity of

    6/9/2020 2:49 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1


    the statement, that the representer intended that the representation would induce another

    to rely and act on it, and that the Plaintiff suffered injury in justifiable reliance on the

    representation. Samuels v. King Motor Co. of Fort Lauderdale, 782 So.2d 489, 497 (Fla.

    4th DCA 2001). In this instance, the allegations in Plaintiff’s Amended Complaint lack

    the specificity required to sustain a claim for Fraud under Florida common law and per

    the elements in Samuels (the maker of the false statement, the substance of the false

    statement, the time frame the statement was made and the context of said statement).

    Accordingly, Count I should be dismissed.

    II. Plaintiff’s Amended Complaint fails to properly state a cause of action for

    “Fraud” under Florida common law, as there are not sufficient facts alleged to suffice the

    burden of proving the disparate elements of that tort. To state a cause of action for fraud,

    a Plaintiff must allege a material misrepresentation that was relied upon by Plaintiff and

    accordingly the Plaintiff suffered injuries connected to the misrepresentation. Further,

    this Count must be plead with particularity, a claim must allege precise statements, the

    time and place the statements occurred, the content and manner in which the statements

    misled the Plaintiff, and what the Defendant gained by the alleged fraud. Butler v. Yusem,

    44 So. 2d 102, 105 (Fla. 2010) In this instance, the Plaintiff has failed to allege with

    particularity, what the Defendant gained from any alleged fraud, as well as failing to

    allege the ways in which Defendant could have misled the Plaintiff. Accordingly, Count

    II should be dismissed.

    III. Plaintiff’s Amended Complaint fails to properly state a cause of action for “Civil

    Theft” under Florida common law, as there are not sufficient facts alleged to suffice the

    burden of proving the disparate elements of that tort. To state a claim for civil theft under

    6/9/2020 2:49 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2


    Florida state law, a Plaintiff must allege that the Defendant knowingly obtained property

    with felonious intent to deprive the Plaintiff of their entitlement to the property, which

    Plaintiff’s Amended Complaint fails to outline, per Almeida v. Amazon.com, 456 F.3d

    1316 (11th Cir. 2006) and United Techs. Corp. v. Mazer, 556 F.3d 1260 (11th Cir. 2009).

    The Amended Complaint as read does not establish the felonious intent component of

    civil theft which would cause Defendant Torres to be liable under the above case law.

    Further, neither the Count nor the Plaintiff’s statutory civil theft demand letter detail the

    intent required for a civil theft claim to prevail, failing the multipronged analysis for a

    successful civil theft claim to be brought. Accordingly, Count III should be dismissed.

    IV. Plaintiff’s Amended Complaint fails to properly state a cause of action for

    “Immediate and Permanent Injunctive Relief” under Florida common law, as there are

    not grounds as alleged in the Amended Complaint for the Court to rule in Plaintiff’s

    favor. Plaintiff’s Amended Complaint does not detail why there is a significant ticking

    clock or immediate irreparable harm to Plaintiff which would prompt the Court to enter

    an Injunctive Order for the relief Plaintiff is seeking under this Count, as even if the

    Court were to grant relief to Plaintiff on Counts 1-III, there is no present immediate harm

    which Defendant presents which would justify immediate and permanent injunctive relief

    under this Count. Accordingly, Count IV should be dismissed.

    CONCLUSION

    For the foregoing reasons, Defendants Michael Torres respectfully requests that

    this Court dismiss Plaintiff’s Amended Complaint, with prejudice, and enter an Order

    awarding Defendant all reasonable fees and costs in connection with defense of this

    action.

    6/9/2020 2:49 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3


    Respectfully submitted on June 9th, 2020.

    s/ Trescot J. Gear__________________
    Trescot J. Gear, Esquire
    Florida Bar No. 118216
    1405 West Swann Avenue
    Tampa, Florida 33606
    Tel.: (904) 654-6221
    Fax.: (813) 337-0243
    Primary email: [email protected]
    Attorneys for Defendant

    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that on this 9th day of June, 2020, a true and correct copy
    of the foregoing Defendant’s Motion to Dismiss was furnished to the Plaintiff’s Counsel
    via the Florida E-Filing Portal.

    GEAR LAW, LLC

    s/ Trescot J. Gear__________________
    Trescot J. Gear, Esquire
    Florida Bar No. 118216
    1405 West Swann Avenue
    Tampa, Florida 33606
    Tel.: (904) 654-6221
    Fax.: (813) 337-0243
    Primary email: [email protected]
    Attorneys for Defendant

    6/9/2020 2:49 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4

    You might also like