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Civil Litigation

Civil LitigationClass ActionsIllegal TowingLitigationWrongful Towing

Florida Judge Certifies a Class of Hundreds of Owners Whose Vehicles Were Towed by American Towing of Miami

On March 6, 2020, a Florida judge certified a class of nearly 300 hundred vehicle owners whose vehicles were towed by American Towing of Miami (American), a south Florida towing company. The case was field originally in July 2018 in county court and then transferred to circuit court in March 2019. After overcoming innumerable hurdles and the defense dilatory tactics, Ayala was able to prevail…
Ayala Law P.A.
March 7, 2020
Breach of ContractCivil ActionsCivil LitigationContract & BusinessInvestmentslawyerLitigation

How Can I Protect My Small Business From Lawsuits?—Compliance (Part I).

By Eduardo A. Maura. I’ve represented dozens of small businesses throughout the years. The main concern or question I am asked is still: How do I protect my business from lawsuits? The first thing that comes to mind is compliance. It is extremely important that businesses comply with all laws, regulations, and codes. Oftentimes, during litigation, litigants will use any violations of the law, ordinance,…
Ayala Law P.A.
January 22, 2020
Agricultural LitigationBreach of ContractCivil ActionsCivil LitigationContract & BusinessLawsuitlawyerLitigationSeed Litigation

Ayala Defeats Motion for Summary Judgment in Contentious Defective Seeds Case in the Central District of California

Ayala defeated the Defendant Corona Seeds’ Motion for Summary Judgement (MSJ). An MSJ is a request to the court in which the party moving argues that there are no factual issues in dispute, and the judge, rather than the jury, should decide the case in its favor. In the case, Ayala’s clients, two Peruvian growers, allege that they were sold defective seeds from the defendant…
Ayala Law P.A.
December 21, 2019
Breach of ContractCivil ActionsCivil LitigationConsumerConsumer ProtectionContract & BusinessLawsuitlawyerLitigation

The Three Most Common Contractual Disputes and How to Avoid Them

There is a myriad of issues that can make an otherwise great contractual relationship go wrong. In this article we discuss the three most important ones we’ve found throughout the years: Lack of, or insufficient paper evidence of the contract: Believe it or not, one of the main problems is that we can’t find the actual contract. Whether it is finding signed version, all the…
Ayala Law P.A.
December 4, 2019
Civil ActionsCivil LitigationContract & BusinessIn the NewsJuryLawsuitlawyerLitigationReal Estate

Ayala Obtains a $63,350 Judgment in Attorney’s Fees Dispute for Its Client After Prevailing in a Jury Trial

Ayala obtained a final Judgment for $63,350 dollars in Attorneys’ fees for its client, after having prevailed in a jury trial earlier this year. The underlying lawsuit alleged that Ayala’s client, the buyer of the Property, interfered in the relationship between the Plaintiff/Realtor and the Seller, not present in the case. After prior attempts to get the case dismissed for failure to join the party…
Ayala Law P.A.
November 21, 2019
Civil ActionsCivil LitigationClass ActionsConsumerConsumer ProtectionFraudIn the NewsLawsuitLitigation

Ayala Files Class Action Against American Airlines and Allianz Alleging They Misrepresent The Contents of the Travel Insurance They Sell

Ayala filed a lawsuit against American Airlines (“AA”) and Allianz Insurance for their role in the sale of what they label as “travel insurance” or “travel protection” product. As stated in the Class Action Complaint (“Complaint”): “ reasonable consumer would get the net impression that Allianz’s insurance provides broad, no-fault insurance protection and coverage, and that should one choose to purchase this insurance, one would…
Ayala Law P.A.
October 18, 2019
Civil LitigationIllegal TowinglawyerLitigationTowingWrongful Towing

Can Unlawful, Predatory Towing be Stopped? Concrete Steps You Can Take to Protect Your Vehicle

Most consumers, specially in south Florida, dread the moment they come back to their cars, and find that their vehicle has been towed. The experience can be awful. If you were going to pick up your child, you have to call someone to do it for you. If you were going to a meeting, reschedule. If you were going to work, call late. If you…
Ayala Law P.A.
October 14, 2019
Civil ActionsCivil LitigationHealth CareHealth Care ProviderHMOIn the NewsLawsuitLitigationMedical Center

Ayala Obtains Confidential Settlement for Its Client In Contentious Dispute Against Major Health Care Organization

After nearly three years of contentious litigation, Ayala obtains a confidential settlement for its client, a local Miami medical center. As reflected in public filings, both parties aggressively litigated the case almost to the eve of trial. “It was a very difficult case. We faced very talented counsel from one of the top firms in the world. In the end, we managed to develop a…
Ayala Law P.A.
October 7, 2019
Civil ActionsCivil LitigationCivil ProcedureContract & BusinessInvestmentsLawsuitLitigationUncategorized

Ayala Files Lawsuit Against Financial Advisor and His Company for Negligent Investment and Breach of Fiduciary Duties

  Ayala filed a lawsuit against GTA advisors and its owner (“Defendants”), alleging that Defendants were negligent in the management and investment of its client’s funds. Ayala’s client main owner, Mr. Ubieto, was 75 years old at the time he started investing with the Defendants. Mr. Ubieto, from Guatemala, had a history of choosing extremely conservative investments, as part or most of the funds where…
Ayala Law P.A.
September 19, 2019
Civil LitigationContract & BusinesslawyerLitigation

Common Types of Terms that Create Contract Disputes and How to Address Them

Contracts can be complicated. In your typical business relationship there is, at the inception, a sense of trust, camaraderie, or even friendship, that leads the parties to agree to just the very basic terms of the contract, leaving the specifics for later, or signing them out of a pre-written form. Here are some of the most typical issues we’ve encountered: 1. Unknowingly waiving jury trial.…
Ayala Law P.A.
September 13, 2019