solomon v. roca

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


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.


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


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


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


6/19


7/19


8/19


9/19


10/19


11/19


12/19


13/19


14/19


15/19


16/19


17/19


18/19

Exhibit "B"


19/19

solomon v. roca

Documents