solomon v. roca
TRANSCRIPT
-
8/10/2019 Solomon v. Roca
1/19
IN THE COUNTY COURT FOR HILLSBOROUGH COUNTY, FLORICIVIL DIVISION
THE SOLOMON LAW GROUP, P.A.,a Florida professional association,
Plaintiff,Case No.
v. Div.:
ROCA LABS, INC., a Florida corporation,andDON JURAVIN, individually,
Defendants./
COMPLAINT
The Solomon Law Group, P.A. (SolomonLaw) sues Roca Labs, In
corporation (Roca Labs), and Don Juravin, individually (Juravin)
the Defendants) and alleges:
Jurisdiction and Venue
1. The claims and causes of action asserted herein seek relief as follows
(a) breach of contract; and
(b) open account;
2. This is an action for damages that do notexceed $15,000.00.
3. SolomonLaw is a professional association formed according to th
State of Florida. SolomonLaws principal place of business is in Hillsborough Coun
4. Roca Labs is a Florida corporation with its principal place of busine
Filing # 21411793 Electronically Filed 12/09/2014 03:29:43 PM
-
8/10/2019 Solomon v. Roca
2/19
6. Defendants retained SolomonLaw to provide legal services to Defe
State of Florida. Defendants consented to the personal jurisdiction of the Hillsbo
Courts in Section 5 of the Statement of Financial Policies incorporated into th
Engagement Agreement between SolomonLaw and Defendants.
7. Venue is proper in Hillsborough County because Section 5 of the
Financial Policies incorporated into the underlying Engagement Agreem
SolomonLaw and Defendants provides inter aliathat the exclusive venue for resol
concerning amounts owed to SolomonLaw shall be the courts of Hillsborough Co
Further, all relevant acts underlying this cause of action occurred in Hillsbor
Florida.
Facts Common to all Claims
8. On September 27, 2013, Defendants engaged SolomonLaw to rende
for and on behalf of Defendants. Specifically, Defendants retained SolomonLaw
SolomonLaw to represent them in connection with (a) attending a Mediation in Ro
v. Boggie Media, LLC, and (b) other legal matters as may be entrusted to SolomonL
9. On September 27, 2013, Defendants and SolomonLaw ente
Engagement Agreement (the Engagement Agreement)specifying, inter alia,th
representation and the terms of payment for services rendered by SolomonLaw fo
A copy of the Engagement Agreement executed by SolomonLaw and Defendan
hereto as Exhibit A.
-
8/10/2019 Solomon v. Roca
3/19
11. During SolomonLaws representation of Defendants, SolomonL
Defendants detailed narrative invoices reflecting fees and costs charged for l
rendered to, for and on behalf of Defendants in the Legal Matters (collectively the
[The Invoices have been furnished previously to Defendants and are in Defendant
The Invoices are not attached to this Complaint to avoid inadvertent d
privileged matters.]
12. The Invoices issued by SolomonLaw to Defendants were due
upon receipt.
13. Each month during the course of the representation, SolomonL
Defendants monthly Statements of Account reflecting the Invoices upon which th
unpaid fees and costs owed by Defendants for legal services rendered. Copies
current Statements of Account (dated December 9, 2014) are attached hereto as Exh
14. As of the date of this Complaint, amounts remain unpaid for the i
June 2, 2014, June 12, 2014, July 22, 2014, August 8, 2014, Augus
September 8, 2014, September 15, 2014, October 9, 2014, November
November 12, 2014, December 4, 2014, and December 9, 2014 (coll
Outstanding Invoices).
15. All conditions precedent to commencement of this action have bee
satisfied, waived or otherwise discharged.
Count I
-
8/10/2019 Solomon v. Roca
4/19
18. SolomonLaw has performed fully all obligations imposed upon o
SolomonLaw under the Engagement Agreement.
19. Despite multiple demands, Defendants have failed to pay the amou
Defendants to SolomonLaw, pursuant to the Engagement Agreement.
20. Defendants failure to pay the Outstanding Invoices constitutes a
Engagement Agreement.
21. As a result of Defendants failure to satisfy their obligations, Solo
been damaged.
22. Pursuant to the Engagement Agreement, Defendants owe and are ob
to SolomonLaw the total principal sum of $13,804.65, plus interest calculated at th
from the 31stday after issuance of each Outstanding Invoice. The Statements of A
the current amount due and owing as $14,333.97. However, the principal sum o
referenced above reflects the attorneys fees and costs from the Statements of Acc
interest reflected on the Statements of Account has been removed.
23. SolomonLaw has retained the undersigned attorneys to represent th
collections action. SolomonLaw is entitled to recover all attorneys fees and cos
connection with this collections action pursuant to Section 5 of the Statement
Policies, attached to and incorporated into the Engagement Agreement. See Albritt
913 So. 2d 5 (Fla. 1st DCA 2005); Maulden v. Corbin, 537 So. 2d 1085 (Fla. 1st
McClung v. Posey, 514 So. 2d 1139 (Fla. 5th DCA 1987); Friedman v. Backma
-
8/10/2019 Solomon v. Roca
5/19
(b) pre-judgment interest and post-judgment interest;
(c)
attorneys fees and costs pursuant to the Engagement Agreem
(d) such other relief as may be appropriate under the circumstanc
Count II(Open Account)
24. This is an action for damages based upon an open account. This Co
in the alternative to Count I.
25. SolomonLaw re-alleges and incorporates into Count II the allegat
Paragraphs 1 through 15.
26. SolomonLaw has delivered to Defendants the Outstanding Invoic
Statements of Account reflecting the charges to Defendants for legal services r
expenses incurred, on Defendants behalf by SolomonLaw.
27. Defendants have failed and refused to satisfy their obligatio
SolomonLaw.
28. There is an unsettled debt between Defendants and SolomonLaw
work, labor, and services delivered with the expectation of further transactions.
29.Defendants owe and are obligated to pay to SolomonLaw the prin
$13,804.65, plus interestcalculated at the rate of 12% from the 31st
day after issu
Outstanding Invoice.
30. As a result of Defendants failure to satisfy their obligations to
-
8/10/2019 Solomon v. Roca
6/19
-
8/10/2019 Solomon v. Roca
7/19
-
8/10/2019 Solomon v. Roca
8/19
-
8/10/2019 Solomon v. Roca
9/19
-
8/10/2019 Solomon v. Roca
10/19
-
8/10/2019 Solomon v. Roca
11/19
-
8/10/2019 Solomon v. Roca
12/19
-
8/10/2019 Solomon v. Roca
13/19
-
8/10/2019 Solomon v. Roca
14/19
-
8/10/2019 Solomon v. Roca
15/19
-
8/10/2019 Solomon v. Roca
16/19
-
8/10/2019 Solomon v. Roca
17/19
-
8/10/2019 Solomon v. Roca
18/19
Exhibit "B"
-
8/10/2019 Solomon v. Roca
19/19