This document is a response by Sycamore Vista Land For Sale, LC to a motion to dismiss filed by Sycamore Vista No. 5 Homeowner's Association. It argues that the motion to dismiss should be denied for three reasons: 1) Sycamore Vista's complaint included numerous factual references to the homeowner's association and properly pled the essential elements of its claims; 2) the motion to dismiss standard requires accepting all allegations as true, which Sycamore Vista's 20-page complaint satisfies; and 3) motions to dismiss are disfavored and should only be granted if no facts could entitle the complainant to relief.
Sycamore Vista Homeowner's Association Responds666isMONEY, Lc
it's not actually the HOA's attorney responding but two (yes, two) lawyers from Russo's office. I have yet to write about who Steve Russo is but will say this now: They have no web page! rss-law.com How do they stay in business?
Sample California complaint for breach of contract and common countsLegalDocsPro
This sample California complaint for breach of contract also includes causes of action for common counts including open book account, account stated and goods sold and delivered. The sample on which this preview is based is 6 pages and includes brief instructions. The sample document is sold on scribd.com by LegalDocsPro.
Answer, Counterclaims & Third Party Claims - Non-Compete & Tortious InterferencePollard PLLC
This is one of our cases in Volusia County, Florida. Our clients - all of the defendants in the case - were sued for breach of a non-compete agreement, breach of fiduciary duty and tortious interference.
We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
Sycamore Vista Homeowner's Association Responds666isMONEY, Lc
it's not actually the HOA's attorney responding but two (yes, two) lawyers from Russo's office. I have yet to write about who Steve Russo is but will say this now: They have no web page! rss-law.com How do they stay in business?
Sample California complaint for breach of contract and common countsLegalDocsPro
This sample California complaint for breach of contract also includes causes of action for common counts including open book account, account stated and goods sold and delivered. The sample on which this preview is based is 6 pages and includes brief instructions. The sample document is sold on scribd.com by LegalDocsPro.
Answer, Counterclaims & Third Party Claims - Non-Compete & Tortious InterferencePollard PLLC
This is one of our cases in Volusia County, Florida. Our clients - all of the defendants in the case - were sued for breach of a non-compete agreement, breach of fiduciary duty and tortious interference.
We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
Sample California complaint for fraud against unlicensed contractorLegalDocsPro
This sample California complaint against an unlicensed contractor contains causes of action for the return of all money paid to the unlicensed contractor, fraud and negligence. It also requests additional damages under CCP Section 1029.8 as well as exemplary and punitive damages. It can be modified for use in any California case where fraud is a cause of action. This is a preview of the sample complaint sold by LegalDocsPro.
Sample stipulation and order for bifurcation of marital status in CaliforniaLegalDocsPro
This sample stipulation and order for bifurcation of marital status in California is used when both parties agree to terminate their marital status and have the Court reserve judgment over all other issues in their case. The sample on which this preview is bases is 6 pages and includes brief instructions.
Sample California motion for change of venue LegalDocsPro
This sample motion for change of venue for California is used when a defendant wants the Court to transfer the venue to their county of residence. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Sample California motion to bifurcate marital statusLegalDocsPro
This sample points and authorities in support of a motion to bifurcate marital status in California is filed under the provisions of Family Code section 2337 and is used when a party is requesting an early and separate trial on the issue of dissolution of marital status, the sample also requests an early and separate trial on other issues as well pursuant to California Rule of Court 5.390(b). The sample on which this preview is based is 8 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.
Sample motion to strike punitive damages in californiaLegalDocsPro
This sample motion to strike punitive damages allegations in California is used when the complaint includes only boilerplate and conclusory allegations in support of a request for punitive damages and/or improperly states the amount of punitive damages that are sought. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Sample stipulation and order for change of venue in California divorceLegalDocsPro
This sample stipulation and order for change of venue in a dissolution (divorce) case in California is used when both parties have moved from the county where the original order or judgment was made and wish to stipulate to a change of venue to another county but can be easily modified for use in most situations. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation.
RK Associates, Raanan Katz Were Alleged In Unlawful Ejectment In Miamirkcenters
Defendants do not dispute, that security guards threw Plaintiffs off the property and that RK Associates and MWI changed the locks on the bank branch's office doors. Furthermore, Plaintiffs allege conversion of their remaining personal property by RK Associates and MWI after they were escorted from the premises. Judging from the record, the Court finds that there is a possibility that Plaintiffs can establish a cause of action against the resident defendant. Triggs, 154 F.3d at 1287. At the very least, Plaintiffs have a possibility of stating a viable cause of action against the landlord RK Associates for conversion of their equipment and for unlawful ejectment. Defendants themselves note that joinder is deemed legitimate when such possibility exists.
Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
Sample California complaint for fraud against unlicensed contractorLegalDocsPro
This sample California complaint against an unlicensed contractor contains causes of action for the return of all money paid to the unlicensed contractor, fraud and negligence. It also requests additional damages under CCP Section 1029.8 as well as exemplary and punitive damages. It can be modified for use in any California case where fraud is a cause of action. This is a preview of the sample complaint sold by LegalDocsPro.
Sample stipulation and order for bifurcation of marital status in CaliforniaLegalDocsPro
This sample stipulation and order for bifurcation of marital status in California is used when both parties agree to terminate their marital status and have the Court reserve judgment over all other issues in their case. The sample on which this preview is bases is 6 pages and includes brief instructions.
Sample California motion for change of venue LegalDocsPro
This sample motion for change of venue for California is used when a defendant wants the Court to transfer the venue to their county of residence. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Sample California motion to bifurcate marital statusLegalDocsPro
This sample points and authorities in support of a motion to bifurcate marital status in California is filed under the provisions of Family Code section 2337 and is used when a party is requesting an early and separate trial on the issue of dissolution of marital status, the sample also requests an early and separate trial on other issues as well pursuant to California Rule of Court 5.390(b). The sample on which this preview is based is 8 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.
Sample motion to strike punitive damages in californiaLegalDocsPro
This sample motion to strike punitive damages allegations in California is used when the complaint includes only boilerplate and conclusory allegations in support of a request for punitive damages and/or improperly states the amount of punitive damages that are sought. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Sample stipulation and order for change of venue in California divorceLegalDocsPro
This sample stipulation and order for change of venue in a dissolution (divorce) case in California is used when both parties have moved from the county where the original order or judgment was made and wish to stipulate to a change of venue to another county but can be easily modified for use in most situations. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation.
RK Associates, Raanan Katz Were Alleged In Unlawful Ejectment In Miamirkcenters
Defendants do not dispute, that security guards threw Plaintiffs off the property and that RK Associates and MWI changed the locks on the bank branch's office doors. Furthermore, Plaintiffs allege conversion of their remaining personal property by RK Associates and MWI after they were escorted from the premises. Judging from the record, the Court finds that there is a possibility that Plaintiffs can establish a cause of action against the resident defendant. Triggs, 154 F.3d at 1287. At the very least, Plaintiffs have a possibility of stating a viable cause of action against the landlord RK Associates for conversion of their equipment and for unlawful ejectment. Defendants themselves note that joinder is deemed legitimate when such possibility exists.
A case heard by the Fifth District Court of Appeals in Ohio in which a landowner claimed that the relatively little drilling done on a small portion of their land should allow them to reclaim title to the mineral rights and release the unused portions of the land to another driller. The court disagreed, ruling the language in the lease does not allow it.
Supporting documentation for the Motion to add 200 new plaintiffs to the Armando Montelongo Lawsuit. This outlines how attempts to Arbitrate the case failed due to Montelongo refusing to follow the American Arbitration Association Rules, thus they declined to arbitrate the case and asked he remove their name from clauses in the contract. In addition, new plaintiff's have approached the case with similar details of fraud. A synopsis of the entire suit is at http://www.jeannorton.com/armando-montelongo-rico-doubles/
Sample California motion to strike complaintLegalDocsPro
This sample motion to strike portions of a complaint for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
2 of 2 DOCUMENTSJ. TAIKWOK YUNG WEBADVISO, Plaintiff-Appel.docxeugeniadean34240
2 of 2 DOCUMENTS
J. TAIKWOK YUNG WEBADVISO, Plaintiff-Appellant, -v.- BANK OF AMERICA
CORP., MERRILL LYNCH, Defendants-Appellees.
Nos. 10-292-cv (L), 10-1307-cv (Con)
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
448 Fed. Appx. 95; 2011 U.S. App. LEXIS 21648
October 26, 2011, Decided
NOTICE: PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE
CITATION TO UNPUBLISHED OPINIONS.
SUBSEQUENT HISTORY: Motion denied by Yung v. Bank of Am. Corp., 132 S. Ct. 1878, 182 L. Ed. 2d 641, 2012
U.S. LEXIS 2657 (U.S., 2012)
Related proceeding at Web-Adviso v. Trump, 2013 U.S. Dist. LEXIS 28174 (E.D.N.Y., Feb. 28, 2013)
PRIOR HISTORY: [**1]
Appeal from a judgment of the United States District Court for the Southern District of New York (Denny Chin,
Judge).
Webadviso v. Bank of Am. Corp., 2010 U.S. Dist. LEXIS 13206 (S.D.N.Y., Feb. 16, 2010)
CASE SUMMARY:
PROCEDURAL POSTURE: Plaintiff internet businessman appealed from the U.S. District Court for the Southern
District of New York an order granting summary judgment to defendant bank and investment company on plaintiff's
petition for a declaratory judgment and on defendants' counter-claim for violation of the Anticybersquatting Consumer
Protection Act (ACPA), 15 U.S.C.S. § 1125(d).
OVERVIEW: The district court granted summary judgment sua sponte. After entering an order to show cause, the
district court granted plaintiff a full and fair opportunity to be heard. By plaintiff's own admission, he sought to acquire
high value domain names and park them with domain parking service providers to generate pay-per-click revenue. By
doing so, plaintiff ran afoul of the ACPA, for whether or not he had any intention of selling the domain names to
appellees, he clearly had the intention to profit from the goodwill associated with the trademarks that comprised the
domain names. Plaintiff's own self-description made clear that he registered the domain names in bad faith and thereby
violated the ACPA. Thus, no genuine issue of material fact prevented the district court from granting summary
judgment to defendants on their ACPA counter-claim.
OUTCOME: The court affirmed the judgment of the district court.
CORE TERMS: domain, registrant's, trademark, summary judgment, bad faith, site, registration, sua sponte,
distinctive, registered, consumers, material fact, fair use, bona fide, accessible, goodwill, tarnish, genuine issue, fair
opportunity, prior conduct, safe harbor, cybersquatting, counter-claim, pay-per-click, confusingly, sponsorship,
affiliation, endorsement, disparage, offering
Page 1
LexisNexis(R) Headnotes
Civil Procedure > Summary Judgment > Appellate Review > Standards of Review
[HN1] An appellate court reviews a district court's decision to grant summary judgment sua sponte to the movants de
novo.
Civil Procedure > Summary Judgment > Standards > Appropriateness
Civil Procedure > Summary Judgment > Standards > Genuine Disputes
Civil Procedure > Summary Judgment > Sta.
Employee class action v Google, Apple, Intel and othersDennis Howlett
Google, Apple, Intel and others are in the dock in a case where plaintiffs argue the operation of an illegal cartel designed to restrict pay to skilled workers.
Official Motion to add 200 new plaintiffs to the Armando Montelongo Lawsuit. This outlines how attempts to Arbitrate the case failed due to Montelongo refusing to follow the American Arbitration Association Rules, thus they declined to arbitrate the case and asked he remove their name from clauses in the contract. In addition, new plaintiff's have approached the case with similar details of fraud. See additional file with documentation supporting the case, or get a synopsis at http://www.jeannorton.com/armando-montelongo-rico-doubles/
Opposition to a California summary judgment motionLegalDocsPro
This sample opposition to a motion for summary judgment in California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Similar to My Lawyers Respond to the HOA's Motion to Dismiss (20)
Medical Marijuana Store within 500-feet of a School, Spot Zoning, Illegal Non...666isMONEY, Lc
This is a five-page letter to the City Council I presented at a meeting 8 January 2019. There are many more documents related to this in my SlideShare uploads.
Medical Marijuana Store within 500-feet of a School, Spot Zoning, Illegal Non...666isMONEY, Lc
Found out the other day that the rezoning of this property in 1967 was conditional to only allow the nonconforming use of a print shop and residential. Once the print shop was bulldozed, only residential was allowed.
The "Covenant" expired after 20-years; no one enforced the illegal building of a car wash or this pot shop. The Covenant said that without the limited building and use restrictions, the property would affect the "health, safety and welfare of the general pubic". Such conditions have no statute of limitations on enforcement.
Recreational retail Marijuana will increase traffic in the neighborhood three-fold ... the drivers of these vehicles (especially the "medicated" users) will be extremely dangerous to the community, they will exit onto a residential street! Unbelievable how the City Council, Mayor and zoning officials are doing nothing for our neighborhood!
All of this is documented herein.
My next step is to request (and pay $236.50 for) a formal decision from the Zoning Administrator, which can be appealed to the Board of Adjustment and then to Court.
Medical Marijuana Store within 500-feet of a School, Spot Zoning, Illegal Non...666isMONEY, Lc
Clear case of spot zoning (commercial business surrounded by residential), Illegal nonconforming use and within 500-feet of a school. Zoning administrator is ignoring my complaint.
Medical marijuana facility adjacent to residential zone (spot zoning) and a s...666isMONEY, Lc
Presentation before Tucson City Council regarding a Medical Marijuana distribution facility opening up adjacent to residential neighborhood and a school for developmentally disabled (high-functioning autistic) children 18-years or older.
Medical Marijuana Distribution Adjacent to Residential Zone and 500-feet from...666isMONEY, Lc
Presentation before Tucson City Council regarding a Medical Marijuana distribution facility opening up adjacent to residential neighborhood and a school for developmentally disabled (high-functioning autistic) children 18-years or older.
Increased Use of Hydrocyanic Acid (Zyklon B) Delousing Chambers666isMONEY, Lc
Original German "Vermehrter Einsatz von Blausäure-Entlausungskammern" by Emil Wüstinger, engineer Frankfurt am Main, translated by F.P. Berg and E. Kniekamp from Gesundheits-Ingenieur, Vol. 67 (1944) on. 179-80.
Derry Dean Sparlin, Sr. was scammed by some land sharks, lost $1,000,000. These same scammers have caused a lot of trouble for me too. I'm being sued for $500,000 related to one of Figueroa & Utsch's real estate deals involving some of the same properties named herein this Complaint, it's called "Corona" or "Corona Acres" and is also formerly known as "New Tucson" and now, "Sycamore Vista", where I own 50-vacant lots. My blog about my blog about it is here: http://sycamorevista.org/
Sycamore Vista HOA Unit 5 is vacant lots, Unit 2 is mostly houses, I own two vacant lots in Unit 2 that are impossible to sell except to large builders but they only buy 10-lots at a time. HOA is threatening & intimidating me to pay them for NOTHING. The HOA serves as a billing agent for the majority lot owners who have been stealing lots from us minority lot owners. I have paid over $10,000 in HOA dues to these rats for NOTHING.
Russo Amends Sycamore Vista Unit 5 CC&Rs: My Cabin Plans666isMONEY, Lc
Russo wants us to vote on whether we want to amend the CC&Rs so we will have to pay fees and Special Assessments to build on out lots. IMO: if Russo wants to develop his lots, let him and let us build our cabins per the original declaration.
Simpolo Tiles & Bathware
Tile ho,
toh Simpolo.
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Design your space in your style with our very own Visualizer. Now, you can choose the tiles of your liking from our wide selection and see how they would look in a space. Select the tile from the multiple options and the visualiser will replace the surfaces in the image with the selected tiles. This way, instead of just your imagination, you can choose the tiles for your place by getting an actual picture of how they would look in a space. So, design your space the way you desire digitally and implement it in real life to get the best results!
You can also share this visualiser with others to help them design their space.
Committed to delighting customers with world-class ceramic products and services. Make Simpolo synonymous with the best quality and set new benchmarks of excellence for all stakeholders. Pursue best business practices with utmost integrity to make Simpolo an exciting organisation to work with, for vendors, channel partners, investors and employees alike.
Gain worldwide recognition in the field of ceramic building products through Research and Innovation and bring an enhanced lifestyle within reach for every household.
500 acres of brilliance await you here at Riverview City which offers modern living, effortless convenience, and a beautiful natural setting. It is a mega township by Magarpatta City in Loni Kalbhor, Pune. Enjoy easy access to work, schools, and fun while experiencing a perfect work-life balance.
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Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szet...Volition Properties
=== Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szeto) ===
Ever been curious about Real Estate Investing in the US?? At Volition, for the past 14 years, we have been focused on helping investors invest in over $250M of real estate and generate $100M of wealth in the Toronto market, but we are always open to learning more about other business models and learning from other investors.
The US has always been an intriguing market to invest in. But the US is a big place… if you’re interested in investing in the US, you probably have a lot of questions, like:
☑️ Specifically WHERE should you invest?
☑️ What are the best markets to invest in and why?
☑️ How much are property prices there?
☑️ What are the returns like?
☑️ What is cashflow like?
☑️ Compared to investing in Toronto or other cities in Ontario, what are the benefits / tradeoffs?
☑️ What ownership structure should I use?
☑️ What are the tax implications?
☑️ Can I get financing?
☑️ What are tenants like?
Enter Erwin Szeto, a longtime friend of Volition. Since 2005, Erwin Szeto and his team have navigated the challenging landscape of being landlords in Ontario. Now, they are shifting their focus and guiding their clients' investments toward the more landlord-friendly environment of the USA. This decision comes after assisting Canadian clients in transacting over $440,000,000 in income properties. Faced with issues like affordability constraints, tenant-friendly laws, rent control, and rental licensing in Canada, Erwin sees a clear opportunity in the U.S. Here, there is a significant influx of investments leading to the creation of high-paying manufacturing jobs. Erwin and his clients are poised to capitalize on these opportunities where landlord rights are stronger and there is no rent control.
To facilitate this transition, Erwin has partnered with and become a client of SHARE, a one-stop-shop U.S. Asset Manager. Founded by Canadians for Canadians, SHARE enables as passive an ownership experience as possible for landlords in the U.S., while still maintaining direct, 100% ownership.
Erwin is “Making Real Estate Investing Great Again”!!
Website: https://www.infinitywealth.ca/
Facebook: https://www.facebook.com/iwinrealestate and https://www.facebook.com/ErwinSzetoOfficial
Podcast: https://www.truthaboutrealestateinvesting.ca/
Instagram: https://www.instagram.com/iwinrealestate/ and https://www.instagram.com/erwinszeto/
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus o...Joseph Lewis Aguirre
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus on Public Safety as Job #1, Engagement, Wealth of HOA, Branding, Communication, Culture, Civic Responsibility
Brigade Insignia offers meticulously designed apartments with modern architecture and premium finishes. The project features spacious 3,3.5,4 and 5 BHK units, each thoughtfully planned to provide maximum comfort, natural light, and ventilation.
https://www.newprojectbangalore.com/brigade-insignia-yelahanka-bangalore.html
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Lixin Azarmehr, a Los Angeles-based real estate development trailblazer, co-founded JL Real Estate Development (JL RED) in 2015 and serves as its CEO. Her expertise has propelled the firm to specialize in luxury residential and mixed-use commercial projects, with a portfolio that features upscale retail spaces and sophisticated care facilities.
Need MCA leads? No sweat! MCAs are great for small biz funding. Learn how to snag top-notch leads: businesses needing cash, with repayment ability, decision-makers, and accurate contacts. Use content, social ads, lead platforms, partnerships, and capture processes for quality leads.
https://www.leadgeneration.media/blog/b/streamline-your-mca-sales-process-with-pre-qualified-leads
Omaxe Sports City Dwarka stands out as a premier residential and recreational destination, offering a blend of luxury and sports-centric living. Located in the thriving area of Dwarka, this project by Omaxe Limited is designed to cater to modern lifestyle needs while promoting a healthy, active living environment.
MC Heights-Best Construction Company in jhanglaraibfatim009
MC Heights stands as the epitome of excellence in construction within Jhang. With a commitment to unparalleled quality and innovative design, MC Heights redefines urban living in the heart of Jhang. Offering luxurious residential spaces, cutting-edge commercial complexes, and vibrant community areas, MC Heights caters to the diverse needs of modern lifestyles. Our dedication to superior craftsmanship and customer satisfaction ensures that every aspect of MC Heights exceeds expectations, making it the premier choice for those seeking unparalleled sophistication and comfort in Jhang.
Keep Your Home Naturally Cool and Warm Out Change in Seasons
Vinra Construction is a private limited company registered under the ROC. The management has an experience of over 15 years of understanding the needs and delivering apt solutions to the end users We are providing turnkey solutions in construction fields. like Construction, Interior Designing Facility Management, Plantation Management, etc..
Vinra Construction Tech Enabled Company for Eco-Friendly Home Construction
Contact With Vinra for a Greener Future >>> Call us @ 888 4898 765
Urbanrise Paradise on Earth - Unveiling Unprecedented Luxury in Exquisite Vil...JagadishKR1
Immerse yourself in the epitome of luxury living at Urbanrise Paradise on Earth. These opulent 4 BHK villas, nestled off the prestigious Kanakapura Road in Bangalore, redefine elegance and sophistication. With meticulous craftsmanship, breathtaking design, and unparalleled amenities, Urbanrise Paradise on Earth offers a sanctuary where every moment is infused with luxury and serenity. Experience a life of grandeur and indulgence at this exclusive residential enclave.
Torun Center Residences Istanbul - Listing TurkeyListing Turkey
THERE IS LIFE IN ITS CENTER!
The most energetic spot of the city that will add utterly different pleasures to your life, with a park that will make Istanbul breathe, delighting indoor and outdoor bistros, cafes, restaurants, the brand-new Food Hall concept, where dozens of unique tastes are served together, market area, cinema, theater, fitness club, SPA and event venue...
All the pleasures that will enrich your lives are awaiting you on the most beautiful side of the city, at Torun Center Residences. In Mecidiyeköy, where the heart of Istanbul beats, business, life and entertainment opportunities are located at the exact center, at Torun Center, the most beautiful side of the city.
Penthouse apartments and different styles of flats from 1 + 1 to 4 + 1, from 100 to 425 square meters in a 42-story residence tower, have been designed for those who want to live in the center of magnificence. Torun Center is the redefinition of a better life with specially landscaped floor gardens, apartment options with private balconies, and automatic glass systems equipped with Trickle Ventilation that offers clean air comfort.
Business and life in the same place
Excellent service
Torun Center has many delightful details, from a swimming pool to sunbathing and resting terrace. With 24/7 concierge services, 24/7 security, valet, technical service, closed-circuit camera system (CCTV), central heating and cooling system, it makes your life easier.
Delightful details
The two-story Torun Center Lounge, with its indoor and outdoor seating areas, children's playroom, private dining and TV lounge, promises unforgettable memories to you and your loved ones with its unique Istanbul view.
Neighboring to the most pleasant square of Istanbul
A few steps from the Torun Center Residences, you can reach the city's most modern city square and open the doors of a quality city life. Torun Center Residences brings together on the same project the long-awaited city life for Istanbul and gourmet restaurants, cafes, gym and SPA, and state-of-the-art cinema and Artı Stage, hosting the most famous plays of the season.
Located at the intersection of alternative public transportation options such as the metro and Metrobus, Torun Center comes to the fore as the most accessible office for both sides of Istanbul. With a central location and rich transportation lines, Torun Center offices make life easier for employees and increase productivity.
One FNG by Group 108 Sector 142 Noida Construction UpdateOne FNG
One FNG by Group 108 is launching a new commercial project in Sector 142 Noida. Office space and high street retail shops on the FNG and Noida Expressway. For more information visit the website https://www.onefng.com/
Scanning tenants in NYC requires a thorough and compliant approach to ensure you find reliable renters. For a positive rental experience, consider hiring a property management service. Belgium Management LLC specializes in NYC rental property management and tenant relationship management. We prioritize tenant satisfaction, making us a trusted name in New York property management. Our dedicated team ensures tenants feel valued and supported throughout their lease.
Avrupa Konutlari Yenimahalle - Listing TurkeyListing Turkey
Welcome to Avrupa Konutları Yenimahalle, where luxury living meets unparalleled convenience in the heart of Istanbul. Developed by Artaş Holding, one of Turkey’s leading construction companies, this prestigious residential project offers a contemporary lifestyle experience like no other.
https://listingturkey.com/property/avrupa-konutlari-yenimahalle/
Rixos Tersane Istanbul Residences Brochure_May2024_ENG.pdfListing Turkey
Tersane Suites Residences is a luxurious real estate project located in the heart of Istanbul, next to the beautiful Golden Horn. This unique development offers hotel concept residences with Rixos management, making it the perfect choice for both homeowners and investors.
The Tersane Suites Residences offers a wide range of options, from studio apartments to spacious four-bedroom units, all designed to the highest standard. The suites are finished with high-quality materials and feature modern, open-plan living spaces, fully-equipped kitchens, and large balconies with stunning views of the city and sea.
One of the standout features of Tersane Suites Residences is the Rixos management, which provides a truly exclusive and upscale living experience. Residents will have access to a range of luxury amenities, including a fitness center, spa, and indoor and outdoor swimming pools. Plus, the on-site restaurants and cafes provide a taste of the local and international cuisine.
The Tersane Suites Residences also offers a great opportunity for investors, as it provides a rental guarantee program. This means that investors can enjoy a steady income stream, with the peace of mind that their property is being managed by a reputable and experienced team.
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1. 7 Attorneys for Defendant/CounterclaimantiThird-Party Plaintiff
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Steven W. Cheifetz (011824)
swc@cimlaw.com
2 Rachael B. Eisenstadt (029447)
3 rbe@cimlaw.com
CHEIFETZ IANNITELLI MARCOLINI, P.C.
4 III West Monroe Street, 1ih
Floor
5 Phoenix, Arizona 85003
(602) 952-6000
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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF PIMA
11 NT PROPERTIES, LLC, an Arizona limited
12 liability company,
13 Plaintiff,
14 v.
15 666ISMONEY, LC, an Arizona limited liability
company, and SYCAMORE VISTA LAND
16 FOR SALE, LC, an Arizona limited liability
company,
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Defendants.
19 SY_CAMORE_VISTA LAND FOR SALE,_LC,
an Arizona limited liability company,
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Counterclaimant,
v.
NT PROPERTIES, LLC, an Arizona limited
23 liability company,
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Counter- Defendant.
No. C2013042 1
DEFENDANT/COUNTERCLAIMANTI
THIRD-PARTY PLAINTIFF'S
RESPONSE TO THIRD-PARTY
DEFENDANT SYCAMORE VISTA NO.5
HOMEOWNER'S ASSOCIATION'S
MOTION TO DISMISS
(Assigned to The Honorable Carmine Cornelio)
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SYCAMORE VISTA LAND FOR SALE, LC,
an Arizona limited liability company,
Third-Party Plaintiff,
v.
SYCAMORE VISTA NO.5 HOMEOWNER'S
5 ASSOCIATION, an Arizona non-profit
corporation,
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Third- Party Defendant.
Sycamore Vista No.5 Homeowner's Association's (the Disputed Association") Motion to
Dismiss is without merit. Although, the Disputed Association contends that its Motion to Dismiss
should be granted because Sycamore Vista's complaint is based solely upon "conclusory
allegations," as demonstrated below, the essential elements of Sycamore Vista's claims were
properly pled with particularity and, for purposes of Rule 12(b)( 6) must be taken as true. Therefore,
the Motion to Dismiss must be denied.
The Disputed Association's Motion to Dismiss is a mere two pages of substance, which cites
boilerplate case law that does not even apply to the case at bar regarding motions to dismiss in
general, but provides no law or arguments as to why Sycamore's Vista's Answer Counterclaim and
Third Party Complaint (the "complaint") fails to state a claim. The only specific ground for
dismissal alleged in its Motion to Dismiss is as follows:
Third-Party Plaintiffs complaint is comprised almost exclusively of legal
conclusions that haveno factual references to Sycamore Vista HOA. Instead
of pleading facts in its complaint, Third Party Plaintiff provides its
interpretation of the Division One opinion in Dream Land Villa Community
Club, Inc., v. Raimey .... and then, without any specific factual allegations
pertaining to Sycamore Vista HOA, concludes that the case at bar is similar to
Dreamland.
25 First and foremost, the contention that Sycamore Vista's complaint is without factual
26 references to the Disputed Association is completely baseless. In fact the Disputed Association is
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No. C20130421
3. No. C20130421
referenced at least 29 times in the complaint and throughout the causes of action against the
2 Disputed Association alleged therein, which are as follows: (1) declaratory judgment that the
3 recently amended CC&Rs are invalid and unenforceable and that the special assessments charged
4 pursuant to the disputed CC&Rs is void; (2) declaratory judgment that Section 5.4 of the disputed
5 CC&Rs are unconscionable, void and of no force and effect; and (3) wrongful lien pursuant to
6 A.R.S. § 33-420, entitling Sycamore Vista to removal of the disputed CC&Rs recorded against its
7 lots. How could any of these causes of action be brought without making "factual reference" to the
8 Disputed Association that the complaint is attempting to invalidate?
9 As discussed in detail in Sycamore Vista's comprehensive complaint, Sycamore Vista is
10 entitled to declaratory relief that the disputed amendment to the Declaration of Restriction, and the
11 special assessments raised under them, were invalid and unenforceable because the Disputed
12 Association sought to amend the Declaration of Restrictions in a fashion that was not permitted
13 under the law without the specific consent of Sycamore Vista and that the Declaration of Restrictions
14 could not be amended by a majority vote to require membership in a homeowner's association or
15 payment of assessments. As a result, the amended CC&Rs were invalid, and the special assessments
16 levied under them were invalid and unenforceable.
17 Arizona law precludes using the majority vote provision to amend a declaration of restrictions in
18 a way that is unforeseeable and unreasonable. Although deed restrictions may allow for amendment by a
19 majority vote of lot owners, Arizona law limits the types of amendments that may be done without a
20 unanimous consent of all lot owners. As set forth in Dreamland, an original declaration of restrictions
21 can not be amended by a majority vote of lot owners to require membership in a homeowner's
22 association or to require lot owners to pay assessments. In additional to Dreamland, A.R.S. § 10-
23 3601(B) provides that no person shall pay dues as a member of a non-profit corporation without that
24 person's consent. Applying this provision in Dreamland, the Court of Appeals held that each
25 homeowner needed to consent to become a member of the homeowner's association. Id at 47,226 P.3d
26 at416.
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4. In this case, the Disputed Association amended the Declaration of Restrictions to charge
2 individual lot owners to "construct, improve and maintain roadways, thoroughfares, alleys and
3 equestrianways ... install, construct and improve, utilities ... drainageways, retention/detention basins,
4 drainage control structures or devices ... and landscape/drainage easements," in furtherance of the
5 majority lot owners' development goals. Despite the rule in Dreamland that a majority cannot use the
6 amendment process to force lot owners to join a homeowner's association and pay assessments, the
7 Disputed Association purported to amend the original Declaration of Restrictions to do just that, not to
8 benefit the individual lot owners but as a vehicle to develop the majority lot owners' lots.
9 The Disputed Association cites Aldabbahg v. Arizona Dept. of Liquor Licenses and Control,
10 162 Ariz. 415, 783 P.2d 1207 (Ariz.App. 1989) for the proposition that, "allegations that represent
11 merely conclusions of law or unwarranted deductions are not credited." (Motion to Dismiss, p.2,
12 Ins. 22-25). However, nothing in Aldabbagh provides grounds for dismissal in this case. Sycamore
13 Vista recognizes that it is up to the court to determine the law. Although the complaint makes
14 inferences as to what the law is, it does not mean that the complaint has failed to allege a cause of
15 action because Sycamore Vista has alleged both law and facts. As determined by the court in
16 Aldabbagh, the court must determine whether the complaint, construed in the light most favorable to
17 the plaintiff, sufficiently sets forth a valid claim. Id. at 417,783 P.2d 1209. Sycamore Vista's 20
18 page complaint, telling the story of why the disputed amendment to the Declaration of Restrictions
19 was invalid, provides more than sufficient facts to support Sycamore Vista's claims for declaratory
20 relief and therefore the Motion to Dismiss should be denies.
21 Furthermore, the Disputed Association's Motion to Dismiss should be denied because
22 motions to dismiss are not favored. Motions to dismiss must be denied unless it appears beyond
23 doubt that complainant cannot prove any set of facts in support of the claim which would entitle it to
24 relief. New Minute v. Maricopa County, 167 Ariz. 501, 503, 808 P.2d 1253 (App. 1991). The
25 motion should be denied unless it appears that complainant would not be entitled to relief under any
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No. C20130421
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facts acceptable as proof under the pleadings. Doe ex reI. Doe v. State of Arizona, 200 Ariz. 174,24
P.3d 1250 (2001); Veach v. City of Phoenix, 102 Ariz. 195,427 P.2d 335 (1967).
In its Motion to Dismiss, the Disputed Association argues that Sycamore Vista's complaint is
based solely upon conclusory allegations and relies on Dube v. Likins, 216 Ariz. 406, 424, 167 P.3d
93, 111 (Ariz.App. 2007), for the proposition that "labels and conclusions, and formulaic recitation of
the elements of a cause of action," are insufficient to provide the grounds for entitlement to relief.
Clearly, the Disputed Association has ignored the extremely detailed 20 pages contained in the
complaint. Sycamore Vista has provided more than "labels and conclusions, and formulaic recitation of
the elements of a cause of action."
The complaint specifically alleges how the Disputed Association amended the original
Declaration of Restrictions in order to create a homeowner's association, create common areas and
levy assessment in order to charge the individual lot owners to build infrastructure in the community
to further the development goals of the directors/majority lot owners:
On September 15, 2003, the Disputed Association executed and recorded a
document entitled Second Amended Declaration of Covenants, Conditions
and Restrictions for New Tucson Unit No.5 (the "Disputed CC&Rs") using
the majority vote provision of the original Declaration of Restrictions.
***
According to the Disputed CC&Rs, the Declaration of Restrictions was
amended in order for the Disputed Association to "construct, improve and
maintain roadways, thoroughfares, alleys and equestrianways .. .install,
construct and improve, utilities ... drainageways, retention/detention basins,
drainage control structures or devices ... and landscape/drainage easements."
***
In order to pay for these improvements, the Disputed Association adopted
CC&R Section 5.4, which granted it authority to levy special assessments for
the purpose of, "engineering, construction, improvement and maintenance of
roadways, utilities, drainageways, equestrianways, easements and any
necessary on or off site improvements to the residential Lots and Common
Areas."
***
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No. C20130421
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The Disputed Association also took title to land it previously did not own to
create common areas for Sycamore Vista.
***
Such actions as described above were done to advance the development plans
of the Majority Lot Owners, or their successors, and without equal regard to
the interests of the individual lot owners.
(complaint, p.8, ~~ 13-16).
The complaint also alleges how the Disputed Association implemented special assessments
that exceeded the value of the lots to force the individual lot owners to pay for infrastructure in the
community to benefit the directors/majority lot owners, while the majority lot owners fialed to pay
special assessments on the lots they owned:
In May of2006 the Majority Lot Owners voted to increase the amount of the
Special Assessments to $35,000.00, despite acknowledging in November of
2005 that the lots in Unit 5 were only worth approximately $39,000.00 to
$45,000.00 (nearly as much at the Special Assessments on each lot).
Counterclaimant is informed and believe that the current market value is
$25,000.00 per lot, making the Special Assessments on each lot far exceed the
value of each lot.
(complaint, p.1 0, ~ 27).
Counterclaimant is informed and believes that the Majority Lot Owners
purchased their lots free and clear of special assessment liens, which would
have been over $7,875,000, as evidenced by the Income and Expense Report
for Unit 5 for 2008, which shows that the Disputed Association wrote offbad
debt of approximately $7,939,328.00 that year.
(complaint, p.9, ~ 20).
In considering the Disputed Association's Motions to Dismiss, the Court must accept all
allegations in the complaint as true and resolve all inferences in favor of Sycamore Vista.
Southwestern Paint and Varnish Co. v. Arizona Dept. ofEnv. Quality, 191 Ariz. 40, 41, 951 P.2d
1232 CAppo 1997); Fidelity Sec. Life Ins. CO. V. State of Arizona, 191 Ariz. 222, 954 P.2d 580
(1998); Mohave Disposal, Inc. V. City of Kingman, 186 Ariz. 343,922 P.2d 308 (1996). Based upon
these widely accepted principles, the facts known to Sycamore Vista as set forth in its detailed
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No. C20130421
7. Stephen T. Portell, Esq. .
21 Joseph D. Chimienti, Esq.
Russo, Russo & SLANIA, P.c.
22 6700 N. Oracle Road, Suite 100
Tucson Arizona 85704
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complaint must be considered true for purposes of the Motions to Dismiss.
Assuming the facts, as alleged in Sycamore Vista's 20 page complaint, to be true, Sycamore
Vista has clearly plead cognizable claims under Arizona law to redress the Disputed Association's
unlawful conduct. For all of the foregoing reasons, it is respectfully submitted that the Motion to
Dismiss be denied in all respects.
DATED this~day of May, 2013.
CHEIFETZ IANNITELLI MARCOLINI, P.C.
By: MG>ooOSteven W. CheifetZ
Rachael B. Eisenstadt
Attorneys for Defendant/Counterclaimant
ORIGINAL of the foregoing filed
this :;ll.~~day of May, 2013 to:
Clerk
PIMA COUNTY SUPERIOR COURT
110 West Congress Street
Tucson, Arizona 85701
COpy of the foregoing mailed
this~day of May, 2013 to:
Gerald Maltz, Esq.
HARALSON, MILLER, PITT, FELDMAN & McNALLYP.L.C.
One South Church Avenue, Suite 900
Tucson, Arizona 85701-1620
N:CLlENTS
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