Category

Litigation

Ayala Files Class Action Against Miami Mall of The Americas’ Owners on Behalf of its Client and Other Similarly Situated Businesses

By | Blog, Breach of Contract, Business, Civil Actions, Class Action, Contract, lawyer, Litigation, News & Announcements, Real Estate | No Comments

Ayala filed a Class Action on behalf of its client, and as representative of an entire class of plaintiffs, at the popular Miami Mall of the Americas. The lawsuits names the Mall owners, Sterling Corporation, a conglomerate with dozens of assets nation-wide, and other related defendant, SC-Mota Associates Limited Partnership. The class action alleges that Sterling, once it signed a deal with Costco, it completely…

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Ayala’s Lawyer Article on Attorney’s Fees Published on The Daily Business Review

By | Attorney's Fees, Blog, Business, Civil Actions, Civil Procedure, lawyer, Litigation, News & Announcements, Noticias | No Comments

  The Daily Business Review, a leading page for legal news in South Florida, published Ayala’s attorney Eduardo A. Maura article about the rules regulating service of proposals for settlement and motion’s for sanctions to seek fees from the other party. The article is titled “Substantial Compliance? Strict Compliance? —How to Tell Opposing Counsel You’ll be Seeking Fees”, is a short version of an article…

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Ayala Lawsuit on Behalf of Two Peruvian Companies in the Central District of California Defeats Motion to Dismiss and Advances

By | Blog, Breach of Contract, Business, Contract, lawyer, Litigation, News & Announcements, South America | No Comments

On August 28, 2018, the U.S. Central District of California substantially denied the Defendant’s Motion to Dismiss all claims brought on behalf of Ayala’s two Peruvian clients. The lawsuit alleges the “Defendant . . . knowingly or with reckless disregard for the truth shipped Plaintiffs certain seeds, in such deteriorated condition that they caused substantial damages to Plaintiffs’ lands, crops, and clients, virtually destroying their…

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Ayala Lawsuit on Behalf of South American Investor Set for Jury trial in October

By | Blog, Business, Fraud, Litigation, News & Announcements, Real Estate | No Comments

By Isabella Espinoza. After two years of contentious litigation, Ayala’s case on behalf of its Venezuelan client is set for jury trial in October-2018. In the case, Ayala’s client claims that the defendant, through lies and deceit, induced him to invest $250,000 on a land under the promise of a phony business enterprise. The defendant has since held the land hostage, and has received extensive…

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Ayala Files Tortious Interference with Business Relationship Lawsuit Against Wells Fargo

By | Blog, Business, Civil Actions, Litigation, News & Announcements | No Comments

Ayala files lawsuit in Miami Dade County against Wells Fargo for tortious interference with business relationship. Ayala represents a local law firm who had a contract with its client for representation in an insurance claim. The law firm, in good faith, endorsed the insurance proceeds to Wells Fargo under the promise that Wells then would pay the firm. Wells did not pay the law firm,…

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Unjust Enrichment in Real Estate Cases—an Overview.

By | Blog, Breach of Contract, Business, Civil Actions, Contract, Fraud, Litigation, News & Announcements, Real Estate | No Comments

Unjust Enrichment is a legal theory applicable when one person is enriched at the expense of another in circumstances that the law deems unfair. It is usually used when there is no valid contract or no contract at all between the parties. The elements of unjust enrichment are: (1) plaintiff conferred a benefit upon the defendant, who has knowledge of that benefit; (2) defendant accepts…

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Ayala files civil theft action against self-declared investment advisor.

By | Blog, Breach of Contract, Business, Civil Theft, Fraud, Litigation, News & Announcements, Real Estate | No Comments

Ayala files lawsuit in the 11th Judicial Circuit of Florida against a self-declared investment adviser’s scheme targeting foreigners. As stated in the Complaint, “[Defendants] . . . held themselves out to be experienced real estate investors and investment advisers able to purchase foreclosures properties at auction, and sell them at large profits.” Under the guise of being experienced investment advisors, the Defendants persuaded the Plaintiffs,…

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Ayala Prevailed Against Relentless Tenant in Eviction Turned Quiet Title Action

By | Blog, Business, Civil Actions, Eviction, Litigation, News & Announcements, Quiet Title, Real Estate | No Comments

In a case that started as a simple eviction for possession, Ayala defeated a multiplicity of unfounded legal challenges by the relentless tenant on the property. The tenant/defendant’s counterclaims included actions for quiet title, cancellation of deed, rescission, mortgage foreclosure and the like. In the latest attempt to stop final judgment the tenant filed an emergency Motion to Set Aside the Final Judgment. Honorable County…

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Ayala Defeats Motion to Dismiss in Lawsuit Against Major Health Organization

By | Blog, Breach of Contract, Business, Civil Actions, Contract, Litigation, News & Announcements | No Comments

Ayala brought an action against Simply Health Care (Simply) for breach of contract on behalf of its client, a local Miami medical center. The complaint alleges that simply arbitrarily terminated the agreement and after it did, it violated several post-contract obligations by systematically, and in coordination with other centers, harassing and providing false or misleading information to the patients. Simply retained the law firm of…

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Ayala’s client prevails in agricultural litigation against California corporation

By | Blog, Breach of Contract, Business, Civil Actions, Contract, Litigation, News & Announcements | No Comments

  Ayala obtained a ruling granting damages, interest, and cost for its client, a Peruvian company, in a dispute against a California business for not paying for shipments of almost 5000 pounds of fresh asparagus. The Complaint alleged that the failure to pay, under the excuse that the product was damaged, was a breach of contract and that it violated section 2 of the Perishable…

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