Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Agudelo v. Padron

United States District Court, S.D. Florida

June 11, 2019

John Agudelo and Yellow Project Management, Inc., Plaintiffs,
v.
Jose M. Padron, Defendant.

          ORDER ON DEFENDANT'S MOTION TO DISMISS

          ROBERT N. SCOLA, JR. UNITED STATES DISTRICT JUDGE.

         Plaintiffs John Agudelo and Yellow Project Management, Inc. bring this suit for breach of fiduciary duty, unjust enrichment, and fraud against Defendant Jose M. Padron in relation to a series of real estate transactions. This matter is before the Court on Defendant Padron's Motion to Dismiss the Plaintiffs' Amended Complaint (ECF No. 41). For the reasons discussed below, the Court denies Defendant Padron's motion. (ECF No. 41.)

         I. Background

         Plaintiff Agudelo, a Venezuelan citizen, met Defendant Padron in late 2011 in Caracas, Venezuela, and learned that Padron was a real estate broker who could assist Agudelo in acquiring property in South Florida. (Am. Compl. at ¶ 46, ECF No. 37.) After this initial meeting, Padron offered to assist Agudelo in acquiring investment property in South Florida, and Agudelo accepted his offer. (Id. at ¶ 11.)

         During the acquisition process, Padron recommended that Agudelo incorporate a Florida entity that would purchase the investment property. (Id. at ¶ 13.) Agudelo agreed and authorized Padron to incorporate Yellow Project Management, LLC[1] (“YPM FL”) in July 2012. Id. Agudelo's company, Plaintiff Yellow Project Management, Inc. (“YPM BVI”), a British Virgin Islands corporation, was the sole manager of YPM FL at the time of its incorporation. (Id. at ¶ 20.)

         Padron assisted Agudelo in identifying and acquiring an investment property. Padron, acting as Agudelo's agent, informed Agudelo that he needed to transfer $1, 620, 000 to the Law Offices of Miller & Ponn, P.A. for the closing and an additional $38, 000 for the maintenance and condominium fees of the property for the first year. (Id. at ¶¶ 15-19.) On October 23, 2012, YPM FL purchased Agudelo's investment property located in the Jade Beach Condominium, 17001 Collins Avenue, Sunny Isles Beach, FL 33160, Unit 4101, for $1, 660, 000. (Id. at ¶18.)

         In 2015, without Agudelo's knowledge, Padron removed YPM BVI as manager of YPM FL and added himself, in his individual capacity, as the sole manager of YPM FL. (Id. at ¶ 20.)

         On December 8, 2017, without Agudelo's authorization, Padron transferred the property from YPM FL to himself via quit claim deed. (Id. at ¶ 22.) On December 29, 2017, Padron transferred the property to Valizas Corporation for the purchase price of $1, 585, 000. Id. Agudelo never received compensation or other consideration for the sale of the property. (Id. at ¶ 23.)

         Agudelo brought suit against Padron for breach of fiduciary duty, unjust enrichment, fraudulent misrepresentation and fraudulent concealment. The Defendant now moves to dismiss under Rule 12(b)(6) for failure to state a claim. (ECF No. 41.)

         II. Legal Standard

         When considering a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the Court must accept all the complaint's allegations as true, construing them in the light most favorable to the plaintiff. Pielage v. McConnell, 516 F.3d 1282, 1284 (11th Cir. 2008.) A pleading must only contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). A motion to dismiss under Rule 12(b)(6) challenges the legal sufficiency of a complaint. See Fed. R. Civ. P. 12(b)(6).

         In assessing the legal sufficiency of a complaint's allegations, the Court is bound to apply the pleading standard articulated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). That is, the complaint “must . . . contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Am. Dental Ass'n v. Cigna Corp., 605 F.3d 1283, 1289 (11th Cir. 2010) (quoting Bell Atlantic Corp, 550 U.S. at 570). “Dismissal is therefore permitted when on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action.” Glover v. Liggett Grp., Inc., 459 F.3d 1304, 1308 (11th Cir. 2006) (internal quotations omitted) (citing Marshall Cnty. Bd. of Educ. v. Marshall Cnty. Gas Dist., 992 F.2d 1171, 1174 (11th Cir. 1993). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft, 556 U.S. at 678. “The plausibility standard is not akin to a ‘probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id.

         Under Federal Rule of Civil Procedure 12(f), a district court may strike from a pleading “any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” See Fed. R. Civ. P. 12(f). “Parties employ motions to strike to clean up the pleadings, streamline litigation, and avoid unnecessary forays into immaterial matters.” Ottesen v. St. Johns River Water Mgmt. Dist., No. 6:14-CV-1320-ORL-31, 2015 WL 2095473, at *1 (M.D. Fla. May 5, 2015) (internal quotation marks and citations omitted). Nevertheless, striking a pleading or a portion thereof is “a drastic remedy generally disfavored by the courts, and will ordinarily be denied unless the material sought to be stricken is insufficient as a matter of law.” Id. (internal quotation marks and citations omitted).

         III. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.