EFTA00725355.pdf

IN THE CIRCUIT COURT FOR MIAMI-DADE COUNTY, FLORIDA MC2MM Model Miami, LLC, GENERAL JURISDICTION DIVISION f/k/a Karin Models USA, LW and MC2 Model Management, LLC, CASE NO.: f/k/a Karin Models of America, LLC, Plaintiffs, VS. COMPLAINT Defendant. I COME NOW the Plaintiffs, by and through the undersigned counsel, and hereby sue Defendant I.~~ seeking damages and equitable relief (including the imposition of a constructive trust upon real property in Miami-Dade County, Florida) for embezzlement, conversion and fraud, and state as follows: 1. This is an action for damages and equitable relief for torts committed by Defendant in Miami-Dade County, Florida and in other jurisdictions, with an amount in controversy exceeding $15,000, and is properly within the jurisdiction of this Court. 2. Defendant is residents of Miami-Dade County, and is over the age of eighteen (18) years and are otherwise suijuris. GENERAL ALLEGATIONS 3. Plaintiffs are fashion model agencies established under Florida laws and doing business in Florida, New York as well as other states and regions. 4. At all times relevant hereto, Defendant 1 EFTA00725355 5. Prior to=, 6. 7. S. 2 EFTA00725356  I COUNT 1 - FRAUD 10. Plaintiffs reallege the contents of paragraphs 1 through 9 above as if set forth herein. 11 Efl 14. There is no adequate remedy wholly at law to remedy the situation, as Defendant 3 EFTA00725357 has WHEREFORE, Plaintiff prays that this Court enter judgment in favor of Plaintiffs for amounts to be proven at trial or other hearing, and to impose a constructive trust upon the described real property of Defendant and to award to Plaintiff attorney's fees and court costs, and any other relief the Court deems just. COUNT II - CONVERSION 15. Plaintiffs reallege the contents of paragraphs 1 through 9 above as if set forth herein. 16. At all times material hereto, Plaintiffs were the rightful owners of certain funds that were the business assets of Plaintiff-companies. 17. 4 EFTA00725358  WHEREFORE, Plaintiff prays that this Court enter judgment in favor of Plaintiffs for amounts to be proven at trial or other hearing, and to impose a constructive trust upon the described real property of Defendant and to award to Plaintiff attorney's fees and court costs, and any other relief the Court deems just. JURY DEMAND Plaintiff hereby demands a trial by jury on all issues so triable. Filed by: Jonathan N. David, Esq. Attorney for Plaintiff Ph: Fax: Fla. Bar No. 906816 A constructive trust can be impressed on property where the property was financed with money directly traceable to embezzled funds and where there was no consideration for the receipt of those funds. See In Re Mart, 106 B.R.309 (Bkrtcy.S.D.Fla. 5 EFTA00725359 1989). 6 EFTA00725360