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Filing # 134549730 E-Filed 09/14/2021 12:46:55 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO: CACE-21-009649
RICARDO ALVAREZ,
Plaintiff.
VS.
CITIZENS PROPERTY INSURANCE CORPORATION,
Defendant
i
PLAINTIFF'S NOTICE OF FILING RESPONSES TO
DEFENDANT'S DUCES TECUM TO PLAINTIFF
Plaintiff, RICARDO ALVAREZ (the "Insured"), by and through its undersigned counsel,
hereby files this Notice of Filing Responses to Defendant's Duces Tecum to Plaintiff and states
the following:
1.
All correspondence betweenyou and the insurance company and/or its representatives.
RESPONSE:
Objection. This request is overbroad and unduly burdensome.
Furthermore, this request is irrelevant and not reasonably calculatedto the discovery of
admissible evidence. Furthermore,in accordancewith Rule 1.340(c) of the Florida Rules
ofCivil Procedure, Plaintiff directs the Defendant to Defendant's communicationrecords
for additional information as to this Interrogatory, as the burden of deriving or
ascertainingthe answer is substantially the same for the Defendant as for the Plaintiff.
Furthermore, any and all communications between Plaintiff and Defendant are already
in the care, custody, and control of Defendant.
2.
All contracts, letters of representation, between you and any of your agents, assignees or
representatives.
RESPONSE: Plaintiff hereby attaches the requested documents.
3.
All photographs of the property in your possession, custody or control. If possible, please
provide color photographs.
RESPONSE: Plaintiff hereby attaches the requested documents.
4.
All invoices, receipts, or any proofofpayment made to contractors,any representative,experts,
loss consultants, water mitigation companies and/or public adjusters.
RESPONSE: Plaintiff hereby attaches the requested documents.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/14/2021 12:46:55 PM.****
5.
All documents in any format regarding any aspect ofyour claim.
RESPONSE: Plaintiff objects to this request as it lacks the requisite specificity which
would allow Plaintiffto form a response to same. A blanket request for a general category
of information and/or discovery is insufficient. Discovery should not become a search
warrant, requiring a witness to produce broad categories of items which the party can
search to find what may be wanted. The desired documents, books or papers should be
designated with sufficient particularity as to affirmatively suggest their existence and
materialityand so describe them that any reasonable person can identify them. Palmer
v. Servis, 393 So.2d 653 (Fla. 5th DCA 1981).
6.
All documents showing any repairs made to the property after the date of loss.
RESPONSE: Plaintiff hereby attaches the requested documents.
7.
Any documentsshowing any repairs made to the property five years prior the date of loss.
RESPONSE: None.
8.
All contact information.
RESPONSE: Objection. This interrogatory is overbroad and unduly burdensome.
Furthermore, objection as to this interrogatory being undefined, confusing, vague and
ambiguous and subject to multiple definitionsas to the terms "All contact information".
9.
All inspection reports, opinions, expert reports in connectionwith your claim.
RESPONSE: Plaintiff objects to this request as it is not under any obligation to disclose
any expert witnesses at this time as there has been no trial order issued by the Court in
this matter. When a trial order has been issued, Plaintiff will provide the requested
information as requiredby same. Plaintiff reservesthe right to amend this response upon
the receipt of additionalinformation.
10. All estimatesofdamages from contractor,handyman, plumber, loss consultant, public adjuster,
estimator, water Mitigation Company and/or any other qualified individualor corporation.
RESPONSE: Plaintiff hereby attaches the requested documents.
11. All contracts for sale of the property and corresponding inspection reports made on the
property.
RESPONSE: Plaintiff hereby attaches the requested documents.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the forgoing was served via Florida
Courts e-portal to all counsel ofrecord on this September 14,2021.
Respectfully submitted,
THE PROPERTY ADVOCATES, P.A.
Attorneys for Plaintiff
2525 Ponce De Leon Boulevard, Suite 600
Coral Gables, FL 33134
Primary Direct Line: (786) 903-6354
Telephone: (786) 430-0882
Facsimile: (305) 459-1589
Primary E-Service:
Secondary E-mail:
Email:
.-7/,HB*DU- 1 12-REI--
fll.
By:
CHRISTOPHER A. NARCHET, ESQUIRE
FLORIDA BAR NO.: 127176
ROMINA MESA, ESQUIRE
FLORIDA BAR NO.: 127392
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Filing # 134549730 E-Filed 09/14/2021 12:46:55 PM IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-21-009649 RICARDO ALVAREZ, Plaintiff. VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant i PLAINTIFF'S NOTICE OF FILING RESPONSES TO DEFENDANT'S DUCES TECUM TO PLAINTIFF Plaintiff, RICARDO ALVAREZ (the "Insured"), by and through its undersigned counsel, hereby files this Notice of Filing Responses to Defendant's Duces Tecum to Plaintiff and states the following: 1. All correspondence betweenyou and the insurance company and/or its representatives. RESPONSE: Objection. This request is overbroad and unduly burdensome. Furthermore, this request is irrelevant and not reasonably calculatedto the discovery of admissible evidence. Furthermore,in accordancewith Rule 1.340(c) of the Florida Rules ofCivil Procedure, Plaintiff directs the Defendant to Defendant's communicationrecords for additional information as to this Interrogatory, as the burden of deriving or ascertainingthe answer is substantially the same for the Defendant as for the Plaintiff. Furthermore, any and all communications between Plaintiff and Defendant are already in the care, custody, and control of Defendant. 2. All contracts, letters of representation, between you and any of your agents, assignees or representatives. RESPONSE: Plaintiff hereby attaches the requested documents. 3. All photographs of the property in your possession, custody or control. If possible, please provide color photographs. RESPONSE: Plaintiff hereby attaches the requested documents. 4. All invoices, receipts, or any proofofpayment made to contractors,any representative,experts, loss consultants, water mitigation companies and/or public adjusters. RESPONSE: Plaintiff hereby attaches the requested documents. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/14/2021 12:46:55 PM.**** 5. All documents in any format regarding any aspect ofyour claim. RESPONSE: Plaintiff objects to this request as it lacks the requisite specificity which would allow Plaintiffto form a response to same. A blanket request for a general category of information and/or discovery is insufficient. Discovery should not become a search warrant, requiring a witness to produce broad categories of items which the party can search to find what may be wanted. The desired documents, books or papers should be designated with sufficient particularity as to affirmatively suggest their existence and materialityand so describe them that any reasonable person can identify them. Palmer v. Servis, 393 So.2d 653 (Fla. 5th DCA 1981). 6. All documents showing any repairs made to the property after the date of loss. RESPONSE: Plaintiff hereby attaches the requested documents. 7. Any documentsshowing any repairs made to the property five years prior the date of loss. RESPONSE: None. 8. All contact information. RESPONSE: Objection. This interrogatory is overbroad and unduly burdensome. Furthermore, objection as to this interrogatory being undefined, confusing, vague and ambiguous and subject to multiple definitionsas to the terms "All contact information". 9. All inspection reports, opinions, expert reports in connectionwith your claim. RESPONSE: Plaintiff objects to this request as it is not under any obligation to disclose any expert witnesses at this time as there has been no trial order issued by the Court in this matter. When a trial order has been issued, Plaintiff will provide the requested information as requiredby same. Plaintiff reservesthe right to amend this response upon the receipt of additionalinformation. 10. All estimatesofdamages from contractor,handyman, plumber, loss consultant, public adjuster, estimator, water Mitigation Company and/or any other qualified individualor corporation. RESPONSE: Plaintiff hereby attaches the requested documents. 11. All contracts for sale of the property and corresponding inspection reports made on the property. RESPONSE: Plaintiff hereby attaches the requested documents. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the forgoing was served via Florida Courts e-portal to all counsel ofrecord on this September 14,2021. Respectfully submitted, THE PROPERTY ADVOCATES, P.A. Attorneys for Plaintiff 2525 Ponce De Leon Boulevard, Suite 600 Coral Gables, FL 33134 Primary Direct Line: (786) 903-6354 Telephone: (786) 430-0882 Facsimile: (305) 459-1589 Primary E-Service: Secondary E-mail: Email: .-7/,HB*DU- 1 12-REI-- fll. By: CHRISTOPHER A. NARCHET, ESQUIRE FLORIDA BAR NO.: 127176 ROMINA MESA, ESQUIRE FLORIDA BAR NO.: 127392