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Miami Judge Grants Motion to Claim Punitive Damages Against Regulated Towing for Selling & Keeping the Proceeds of Ayala’s Client’s Vehicle

By July 23, 2024No Comments

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Ayala is happy to announce that it has obtained an order granting its motion for leave to amend a complaint seeking to add a claim for punitive damages against Regulated Towing Inc., a Miami towing company. The case involves the towing of Ayala’s client from their own apartment and then, the subsequent sale of the vehicle in a sham auction.

During the case’s discovery phase, where litigants are allowed to gather evidence, Ayala’s lawyers uncovered proof of its client’s repeated request to halt the vehicle’s sale. Ayala’s client even requested to bid on his own vehicle. However, the owner and agent of Regulated Towing, Mr. Michael Fasano, fabricated numerous arbitrary requirements to prevent the client from doing so, even though this was a vehicle that should have been promptly returned to the client upon payment of the outstanding invoice.

The arbitrary requirements to bid on his own vehicle included a demand for the client to prove availability of cash equivalent to the vehicle’s value, which Mr. Fasano arbitrarily stated was $20,000; a requirement not present on any statute or regulation.

Given these facts, Ayala filed a motion for leave to amend its complaint and seek a claim for punitive damages. Under the Florida Rule of Civil Procedure 1.190, litigants have to obtain consent from the court to seek a claim for punitive damages.

You can see the motion here.

On July 16, 2024, Honorable Judge Charles Johnson of the 11th Circuit Court in Miami, Florida, granted Ayala’s motion.

You can see the order here.

As stated by attorney Ryan Sawal, “We are happy that the court agreed with us. The court understands our claims and saw that, at a minimum, this is a case where a claim for punitive damages should go forward.” Attorney Eduardo Ayala Maura similarly stated, “This is a step in the right direction. Nobody holds towing companies accountable. They are running an entire sale-of-vehicles operation, and nobody is doing anything about it. We are glad that we at least can use our litigation expertise to make them pay.”

For legal help with cases where vehicles have been illegally sold by towing companies, contact one of our experienced trial attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com  

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.  

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case]. 

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