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September 12, 2022

Ayala Successfully Settles Another Illegal Towing Case in Miami This Time for $6,500

Ayala is proud to announce that it has obtained a $6,500 settlement in an unlawful towing case. In the case, Ayala’s client claimed that the towing company, in conjunction with the lien company, overcharged it in the towing bill by more than one thousand dollars, in violation of Miami Dade County Ordinance 30-476. Ayala had already obtained a default judgment for $9,000 from one of…
September 9, 2022

The Biden Administration Ends Trump Era Public Charge Rule—What You Need to Know

In good news for green card hopefuls, the Biden administration has ended the Trump era revised “public charge” rule. Under the public charge rule immigrants who rely on government cash benefits could be denied immigration benefits. The Trump administration updated the rule to include non-cash benefits such as housing assistance or health benefits, for example. Those who received such benefits for more than 12-months within…
Real EstateUncategorized
August 31, 2022

Two Key Requirements to Foreclose on a Mortgage in Florida — Part II.

There are several legal hurdles a mortgage lender has to meet in order to be able to foreclose on your home mortgage. In the first part of this blog on August 22, 2022  we discussed possession of the original note. Today we discuss the timeliness requirement. The holder of an original note—entitled to foreclose—must foreclose “within a reasonable time” or it may have “waived” its…
August 30, 2022

Ayala Obtains $80,000 Settlement in Highly Contentious Commercial Eviction Case

Ayala is proud to announce that it has reached an $80,000 settlement in a highly contentious 1.5 year old commercial eviction case. The case stems from a lease assigned to Ayala’s client from a prior tenant that the Landlord—the complaint alleged—failed to honor. Despite having approved the new tenant, and taken three months worths of rent payments, the Landlord took it upon itself to eject…
Class Actions
August 29, 2022

Ayala is Investigating Claims That Mobile Fidelity Sound Lab (MoFi) Lied About Its Use of Digital Files

Ayala’s consumer rights attorneys are investigating claims that MoFi lied to its customers regarding the use of digital mastering or digital files. MoFi is a record label specializing in the production of audiophile (a high-fidelity sound lover) discs. MoFi advertised its records as being purely  analog  recordings (directly  from  the  master  recording  or  original  analog  tapes) without any sort of digital mastering process. Based on this promise to consumers, MoFi charged a high premium to consumers who thought they…
Real Estate
August 22, 2022

Two Key Requirements to Foreclose on a Mortgage in Florida — Part I

There are several legal hurdles a mortgage lender has to meet in order to be able to foreclose on your home mortgage. In this and the next blog we explain two of them: possession of the original note, and timeliness. Possession: In the mortgage lending industry, it is not uncommon that the lender loses the original document signed by the borrower where he promises to…
August 17, 2022

Three Things You Must Know About the US International Entrepreneur Parole Program

Three Things You Must Know About the US International Entrepreneur Parole Program. The International Entrepreneur Parole Program (IEP) is a program that gives a foreign entrepreneur a temporary permit to stay in the United States while he/she is trying to obtain approval of another, business type generally, visa. Here are three important things you must know about the IEP: First, in order to qualify for the IEP, the foreign national must…
August 16, 2022

Ayala Defeats Motion for Summary Judgment in Towing Case Involving an 18 Wheeler

Ayala is proud to announce that it has defeated the defendant’s Motion for Summary Judgment (MSJ) in a case where Ayala’s client alleges that the defendant, the towing company, improperly towed its 18-wheeler truck, thereby damaging the truck’s transmission. A MSJ is a motion that seeks to prevent a case from going to trial—in this case, a jury trial—because there are allegedly no “issues of…
August 10, 2022

Four Elements That Make a Good Unlawful Towing Case in Florida

Though there are a lot of tows that are arguably illegal, not all illegal tows make for a good case. Here are important factors that make a viable, winnable unlawful towing lawsuit. First, you want the tow to be unlawful to begin with, not debatable. For example, if the potential plaintiff was actually improperly parked at a visitor’s spot rather than a resident’s space, even…
August 9, 2022

Ayala Files for Arbitration in California in Dispute Over Unpaid Commissions On The Sale of Covid-Test Kits

Ayala filed for arbitration on behalf of its client against a distributor of Covid-19 Antigen Test Kits. In the case, Ayala’s client (the Claimant) alleges that it procured the Respondent’s current agreement with Wall-Greens whereby Respondent sold or will sell millions of dollars worth of Covid-19 Antigen Test Kits. The Respondent alleges that it does not owe any commission—even if Claimant procured the deal—because it…
August 8, 2022

Is it Worth Paying a Lawyer to Write a Demand Letter? Read to Find Out

A demand letter is just that, a letter demanding something; usually a payment. Attorneys in south florida will charge anywhere between $500 to $2,000 to write a demand letter. But, is the investment worthy? The answer is, it depends. There are different types of scenarios where the need for a demand letter comes up. Sometimes, the nature of your case requires it. For example, if the…
Attorney's Fees
August 3, 2022

Ayala Defeats, Again, Motion for Attorneys Fees Against Ayala’s Attorneys in 4-year Old Contentious Case

In what’s a more recurrent pattern in South Florida, defendant’s attorneys continue to use the sanction process as a tactic, to intimidate consumer plaintiffs, and sometimes, even their attorneys. Under Florida Statutes 57.105, an attorney himself—not only the client—can be liable for attorneys fees in a case if the Court considers that the action was not supported by material facts, or then-existing law. It is…
August 2, 2022

Ayala Files Breach of Contract Lawsuit Against Thermo Fisher Scientific in the US Central District of California

Ayala filed a lawsuit on behalf of its client against Thermo Fisher Scientific Inc., a large manufacturer of scientific devices including the Ion Torrent Genexus Integrated Sequencer(“Genexus Instrument”) sold to Ayala's client--the Plaintiff. As stated in the Complaint, Thermo Fisher describes the Genexus Instrument as “the first turnkey next-generation sequencing (NGS) solution that automates the specimen-to-report workflow and can deliver results in a single day.” Complaint,…
Illegal Towing
August 1, 2022

Ayala Defeats Property Owner’s Motion for Attorneys Fees Against its Client in Illegal Towing Case

In what’s a more recurrent pattern, property owners and tow companies are trying to have their attorneys fees paid by consumers in towing cases—even when they haven’t even won the case—as a plain effort to intimidate consumers and dissuade them from lawsuits using consumer protection statutes. In the present case, Ayala’s client alleged that, despite having a valid reservation agreement (and email confirmations permitting her…
July 27, 2022

Can a Court Sanction a Party Even Though it Lacks Jurisdiction on the Underlying Case?

Normally, in all cases, the court where the case is being adjudicated needs to have jurisdiction over the dispute. Jurisdiction is a fancy term for the Court’s power to decide the case it has in front of it. That power usually comes via some statute or the state’s constitution. For example, in Florida, state circuit courts only have power over disputes involving more than $30,000.…
July 26, 2022

¿Qué países de Sudamérica Califican Para la Visa E-2 de Inversionista?

Traer un negocio—y sus dueños o empleados—puede ser una transacción bastante complicada. Afortunadamente, ciertos países cuentan con un tratado de comercio con los Estados Unidos y califican para la llamada visa E-2. Si bien nada es simple cuando se habla de inmigración de negocios, la visa E-2 tiene ciertas ventajas que la hacen más fácil que otras visas como la EB-5 o L1-A. A diferencia…