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CAM-L-002842-23 10/12/2023 4:07:32 PM Pglof13 Trans ID: LCV20233107840
SETH N. BRODER, ESQUIRE — NJ ATTORNEY ID NO. 019231996
BRODER LAW GROUP, P.C.
110 MARTER AVENUE, SUITE 103
MOORESTOWN, NEW JERSEY 08057
(856) 234-8768
EMAIL: sbroder@broderlawgroup.com
ATTORNEY FOR PLAINTIFF
BASILIA RIVERA SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, CAMDEN COUNTY
Vv. DOCKET NO.
DAWN M. DONALDSON and Civil Action
JESSICA WATERS A/K/A
JESSICA BROWN, individually, COMPLAINT
jointly, severally, or in the alternative,
JOHN DOES
Defendants.
Plaintiff, Basilia Rivera (hereafter, “Plaintiff”), by way of Complaint against
Defendant, Dawn M. Donaldson (hereafter, “Defendant Dawn”), Defendant Jessica Waters
a/k/a Jessica Brown (hereafter, “Defendant Jessica”), and additional John Does, (collectively,
the “Defendants”) says:
THE PARTIES
1 Plaintiff Basilia Rivera, is a citizen of the State of New Jersey with an address
located at 101 Gibbsboro Road East, Lindenwold, New Jersey 08021.
2. Defendant Dawn M. Donaldson is a citizen of the State of New Jersey with an
address located at 23 Chiswick Drive, Lindenwold, New Jersey 08021.
3 Defendant Jessica Waters a/k/a Jessica Brown is a citizen of the State of New
BRODER LAW GROUP ec.
Jersey with an address located at 283 Millbridge Road, Clementon, New Jersey 08021.
farter Avenue, Sulte 103
resiown,NI 06057
4. JOHN DOES are individual Defendants to this lawsuit whom have not yet been
identified.
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JURISDICTION AND VENUE
5. The subject of the present matter is situated in Lindenwold, Camden County,
New Jersey, and all transactions in the present matter occurred within the State of New
Jersey.
6 This Court has venue over this action because a substantial part of the events
giving rise to this claim occurred in this County and State, and because the real property at
issue in this matter is located in Camden County, New Jersey.
FACTS COMMON TO ALL COUNTS
7 In 2012, Plaintiff received proceeds from a personal injury settlement in the
amount of $30,000.00 dollars (the “Settlement Proceeds”).
8 At the time of receiving the Settlement Proceeds, Plaintiff was 18 years of age
and just graduating from high school. Plaintiff had no understanding of finances and money
management and did not have a bank account of her own. Plaintiff's father was not in her life
and her mother, at the time, was very unstable and did not have a bank account either.
9 The Settlement Proceeds were initially given by Plaintiff to her grandmother to
hold in her bank account. However, Plaintiff's grandmother fell ill and instructed Plaintiff to
move the Settlement Proceeds out of her account in the event Plaintiff's grandmother passed
away.
10. In light of the fact Plaintiff had no knowledge as to how to handle money, nor
did she have a bank account, Defendant Dawn, whom was a close family friend, offered to hold
and manage the Settlement Proceeds for Plaintiff and seek growth for same through
investments.
‘SRODER LAW GROUP Fe
11. Believing Defendant Dawn would hold, protect, preserve, manage and grow the
110 Marter Avenue, Bute 103
‘4oorestown,NJ OBO5ST
Settlement Proceeds, Plaintiff accepted Defendant Dawn’s offer.
12. Upon information and belief, Defendant Dawn invested the Settlement Proceeds
in Certificates of Deposit (“CDs”) at Wells Fargo Bank.
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13. Plaintiff had such blind trust in Defendant Dawn, she even agreed to permit
Defendant Dawn to “borrow” $5,000.00 from the Settlement Proceeds to be used for her son,
Jeffrey’s bail, afterhe got incarcerated.
14. Upon information and belief, thereafter, Defendant Dawn suggested to Plaintiff
that the Settlement Proceeds be moved into a retirement account, which allegedly is where the
Settlement Proceeds are still being held. Plaintiff relied solely on verbal assurances by
Defendant Dawn that the Settlement Proceeds were no only intact, but satisfactorily growing.
15. Ona number of occasions over the years, Plaintiff has requested Defendant
Dawn to distribute certain sums of money from the Settlement Proceeds to Plaintiff to pay for
Plaintiff's needs, including education, child care and housing. However, despite Plaintiff's
many requests, Defendant Dawn failed to give any of the Settlement Proceeds to Plaintiff.
Instead, Defendant Dawn continuously dodged Plaintiff, making up excuses as to why she
was unable to meet Plaintiff to give her the requested money.
16, On or about February 9, 2021, Plaintiff texted Defendant Dawn requesting to
see bank/investment statements showing the whereabouts of the Settlement Proceeds. In
response, Defendant Dawn advised Plaintiff the Settlement Proceeds had grown an additional
$15,000.00. Defendant Dawn then promised to give Plaintiff $4,000.00 from the Settlement
Proceeds for her rental of a prospective apartment, Yet, Defendant Dawn never did, and
once again, made excuses as to why she could not provide Plaintiff with the money.
17. Upon information and belief, Defendant Jessica, who is Defendant Dawn’s
daughter and former best friend of Plaintiff, has been aware of and schemed with Defendant
BRODER LAW GROUP ro
Dawn to steal the Settlement Proceeds from Plaintiff. This is evident through Defendant
140 Marter Avenue, Suite 103
Moometown,NJ 08057
Jessica’s threats to Plaintiff in response to Plaintiff questioning her about the whereabout of the
Settlement Proceeds, which has effectively been her strategy to redirect Plaintiff's attention
away from Defendant Dawn.
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18. Upon information and belief, Defendants have utilized the Settlement Proceeds
as if it was their own money for their own benefit and personal gain.
19. To date, despite many requests from the Plaintiff to the Defendant Dawn and
Defendant Jessica, none of the Settlement Proceeds nor any growth thereon has been turned
over to the Plaintiff,
FIRST COUNT
(Conversion/Theft)
20. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 19
above and incorporates each such allegation as if set forth verbatim and repeated herein at
length.
21. Upon information and belief, Defendants wrongfully exercised dominion and
control over the Plaintiff's Settlement Proceeds,
22. Despite the knowledge that the Settlement Proceeds did not belong to them,
Defendants intentionally refused to return the Settlement Proceeds to the Plaintiff and deprived
the Plaintiff of the use of said Settlement Proceeds.
23. Furthermore, Defendants have refused to account for, disclose and/or return the
Settlement Proceeds that they wrongfully took and used despite Plaintiff's requests and
demands.
24, Asa result of Defendants’ wrongful conversion of Plaintiff's Settlement
Proceeds, Plaintiff has incurred, and continues to incur, substantial economic harm to her
detriment.
25. The damages incurred by Plaintiff was caused by, and is the direct result of,
BRODER LAW GROUP Po
{£0 erter Avenue, Suite 103 Defendants’ unlawful conduct.
hinorestown,NJ 0B057
26. Defendants’ actions/inactions are/were sufficiently willful, wanton and
malicious to just the imposition of punitive damages,
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WHEREFORE, Plaintiff demands judgment against Defendants, individually,
jointly, and severally, for the following:
A Compensatory damages in the amount of $30,000.00 plus any interest earned
thereon;
B. Incidental costs and consequential damages; and
Cc Such other relief as the Court deems just and equitable, including attorney’s
fees, costs of suit, interest and expenses.
SECOND COUNT
(Breach of Fiduciary Duty - Defendant Dawn)
27. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 26
above and incorporates each such allegation as if set forth verbatim and repeated herein at
length.
28. Defendant Dawn owed a duty to Plaintiff to hold, protect, preserve, manage
and grow the Settlement Proceeds as Defendant Dawn promised she would do so from the
moment Defendant Dawn received the Settlement Proceeds.
29. Defendant Dawn’s failure to hold, protect, preserve, manage and grow the
Settlement Proceeds for the Plaintiff amounts to a clear and flagrant breach of this fiduciary
duty.
30. Defendant Dawn’s breach of her fiduciary duty to Plaintiff has caused Plaintiff
damages.
31. Defendant’s actions/inactions are/were sufficiently willful, wanton and
malicious to justify the imposition of punitive damages,
BRODER LAW GROUP Po WHEREFORE, Plaintiff demands judgment against Defendant Dawn for the
110 Marter Avenue, Suite 103
Moorestown,NJ 08057 following:
A Compensatory damages in the amount of $30,000.00 plus any interest earned.
thereon;
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B Incidental costs and consequential damages; and
Cc. Such other relief as the Court deems just and equitable, including attorney’s
fees, costs of suit, interest and expenses.
THIRD COUNT.
(Negligence — Defendant Dawn)
32. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 31
above and incorporates each such allegation as if set forth verbatim and repeated herein at
length.
33. Defendant Dawn owed a duty of care to hold, protect, preserve, manage and
grow the Settlement Proceeds for the Plaintiff.
34, Defendant Dawn negligently failed to conduct her actions in such a described
manner.
35. As a result of the aforesaid negligence, Plaintiff sustained damages,
36. Defendant’s actions/inactions are/were sufficiently willful, wanton and
malicious to justify the imposition of punitive damages.
WHEREFORE, Plaintiff demands judgment against Defendant Dawn for the following:
A Compensatory damages in the amount of $30,000.00 plus any interest earned
thereon;
B. Incidental costs and consequential damages; and
C. Such other relief as the Court deems just and equitable, including attorney’s fees,
costs of suit, interest and expenses.
FOURTH COUNT
(Fraud — Defendant Dawn)
BRODER LAW GROUP rc 37. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 36
110 Marter Avenue, Sulte 103
Moorestown, Nu! 08067 above and incorporates each such allegation as if set forth verbatim and repeated herein at
length.
38. Defendant Dawn made misrepresentations and/or omissions of material facts to
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Plaintiff regarding her ability to hold, protect, preserve, manage and grow the Settlement
Proceeds for the Plaintiff.
39. Defendant Dawn knew these misrepresentations and/or omissions of material
facts to be false as her intention was to use the Settlement Proceeds for her own benefit and
personal gain.
40. Defendant Dawn made the aforesaid misrepresentations and/or omissions of
material facts knowingly and/or willfully, with knowledge, and/or belief of the falsity of the
misrepresentations and/or omissions of material facts, and with the intent to mislead Plaintiff.
41. At all times relevant to the events set forth herein, Defendant Dawn acted
knowingly with the intent to cause Plaintiff's reliance thereon.
42. Plaintiff, in fact, reasonably relied upon the aforesaid misrepresentations and/or
omissions of material facts to Plaintiff's detriment.
43. As a result of Defendant Dawn’s aforesaid misconduct, Plaintiff suffered
damages.
44, Said conduct on Defendant Dawn’s part constitutes the commission of legal
and/or equitable fraud against Plaintiff.
45. Defendant’s actions/inactions are/were sufficiently willful, wanton and
malicious to justify the imposition of punitive damages,
WHEREFORE, Plaintiff demands judgment against Defendant Dawn for the
following:
A Compensatory damages in the approximate amount of $30,000.00 plus any
interest eamed thereon;
BRODER LAW GROUP rc
B. Incidental costs and consequential damages; and
1£ tarter Avenue, Sutte 103
stcoreatown, NJ 08057
Cc. Such other relief as the Court deems just and equitable, including attorney’s fees,
costs of suit, interest and expenses.
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FIFTH COUNT
(Unjust Enrichment)
46. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 45
above and incorporates each such allegation as if set forth verbatim and repeated herein at
length.
47. Defendants unlawfully usurped and utilized the Settlement Proceeds from the
Plaintiff for their own use and benefit, that they were not entitled to.
48. As a result of the conduct described above, Defendants have been unjustly
enriched at the expense of the Plaintiff.
49, Defendants are therefore liable to pay back the Plaintiff the value of the
Settlement Proceeds plus any interest earned thereon.
50. Defendants have benefited from and made use of the Settlement Proceeds,
they usurped from the Plaintiff for their personal benefit, use and purpose.
51. Defendants would be unjustly enriched if permitted to retain this benefit.
52. Defendants’ actions/inactions are/were sufficiently willful, wanton and
malicious to justify the imposition of punitive damages.
WHEREFORE, Plaintiff demands judgment against Defendants, individually,
jointly, and severally, for the following:
A Compensatory damages in the amount of $30,000.00 plus any interest earned
thereon;
B Incidental costs and consequential damages; and
Cc. Such other relief as the Court deems just and equitable, including attorney’s
fees, costs of suit, interest and expenses.
BRODER LAW GROUP rc
110 Marler Avenue, Sutte 103
‘Moorestown,NJ 08067 SIXTH COUNT
(Breach of Contract — Defendant Dawn)
53. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 52
above and incorporates each such allegation as if set forth verbatim and repeated herein at
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length.
34. Defendant Dawn and Plaintiff entered into an oral agreement whereby
Defendant Dawn agreed to hold, protect, preserve, manage and grow the Settlement Proceeds
for the Plaintiff.
55. Defendant Dawn’s failure to hold, protect, preserve, manage and grow the
Settlement Proceeds for the Plaintiff, as promised, constitutes a breach of contract.
56. As direct result of Defendant Dawn’s breach of the oral agreement, Plaintiff has
suffered damages,
57. Defendant’s actions/inactions are/were sufficiently willful, wanton and
malicious to justify the imposition of punitive damages,
WHEREFORE, Plaintiff demands judgment against Defendant Dawn for the following:
A. Compensatory damages in the amount of $30,000.00 plus any interest earned
thereon;
B. Incidental costs and consequential damages; and
Cc. Such other relief as the Court deems just and equitable, including attorney’s fees,
costs of suit, interest and expenses.
SEVENTH COUNT
(Civil Conspiracy)
38. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 57
above and incorporates cach such allegation as if set forth verbatim and repeated herein at
length.
59. Defendants are a combination of two or more persons who acted in concert to
BRODER LAW GROUP ro
commit an unlawful act or commit a lawful act by unlawful means, ie., purposely and
‘110 Marter Avenue, Sulte 103
‘Moorestown, NJ 8067 willfully defraud and steal from the Plaintiff.
60. Upon information and belief, Defendant Dawn and Defendant Jessica
developed a scheme to convert the Settlement Proceeds from Plaintiff.
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61. As part of this scheme, Defendant Dawn refused to provide Plaintiff with any
money or statements confirming the whereabouts and value, and continued to give Plaintiff
excuses as to why Defendant Dawn could not meet with Plaintiff. At the same time,
Defendant Jessica threatened physical violence against Plaintiff for questioning Defendant
Dawn the value and whereabouts of the Settlement Proceeds.
62. The use of violent threats was an overt step in furtherance of the conspiracy to
deprive Plaintiff access to the Settlement Proceeds.
63. Asa result of the Defendants’ conduct, Plaintiff has suffered damages in the
form of diverted funds and lost interest.
64. Defendants’ conduct was willful and/or with reckless disregard to the harm
that they were causing Plaintiff.
65. Defendants’ actions/inactions are/were sufficiently willful, wanton and
malicious to justify the imposition of punitive damages.
WHEREFORE, Plaintiff demands judgment against Defendants, individually,
jointly, and severally, for the following:
A Compensatory damages in the amount of $30,000.00 plus any interest earned
thereon;
B. Incidental costs and consequential damages; and
C. Such other relief as the Court deems just and equitable, including attorney's
fees, costs of suit, interest and expenses,
EIGHTH COUNT
(Fictitious Individuals)
66. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 65
SROVER LAW GROUP ro
‘110 Marter Avenue,
Suite 103
‘nanorestown, NJ 08057
above and incorporates each such allegation as if set forth verbatim and repeated herein at length.
67. Plaintiff alleges insufficient opportunity to determine the identity of all
individuals whose actions may be responsible in whole or in part for the damages incurred and
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threatened to be incurred by Plaintiff.
68. For purposes of the within Complaint, said individuals and have been nominated
as John Does.
69. Plaintiff, pursuant to the Rules of the Court for the State of New Jersey, reserves
the right to amend the within Complaint to add additional Defendants when and if the identity of
said individuals become known.
BRODER LAW GROUP, P.C.
Attorneys for the Plaintiff
Dated: October 9, 2023
By
Sel
A
the Firm
C ERTIFICATION PURSUANT TO R.1:38-7
I certify that confidential personal identifiers have been redacted from documents
now submitted to the Court, and will be redacted from all documents submitted in the future
in accordance with Rule 1:38-7(b).
BRODER LAW GROUP, P.C.
Attorneys for the Plaintiff
Dated: October 9, 2023
By: uP
SethN: Broder, Edquire
For the Firm
NOTICE OF DESIGNATION OF TRIAL COUNSEL
Please take notice pursuant to R. 4:25-4, Seth N. Broder, Esquire, is hereby
designated as trial counsel on the above-captioned litigation on behalf of the Plaintiff.
SRGOER LAW GROUP po
BRODER LAW GROLP, P.C.
18 frlarter Avenue, Suite 103.
ioorestown, NJ 08067 Attorneys for the Plaintiff
By:
Dated: October 9, 2023 ethXI der, Esquire
For the Firm
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CERTIFICATION PURSUANT TO R. 4:5-1
The undersigned counsel certifies that, to the best of his knowledge and belief, the
matter in controversy is not the subject of any other action pending in any other Court and is
likewise not the subject of any pending arbitration proceeding. I further certify that I have no
knowledge of any contemplated action or arbitration proceedings which is contemplated
regarding the subject matter in this action and I am not aware of any other parties at this time
who should be joined to the present action.
I certify the foregoing to be true, I am aware that if the above is willfully false, I am
subject to penalties under the law.
BRODER LAW GROUP, P.C.
Attorneys for Plaintiff
Dated: October 9, 2023
Cay OW
Seth N. Broder, Esquire
For the Firm
BRODER LAW GROUP pc
110 Marter Avanue, Sule 103
‘Meorestown, NI 06067
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Civil Case Information Statement
Case Details: CAMDEN | Civil Part Docket# L-002842-23
Case Caption: RIVERA BASILIA VS DONALDSON DAWN Case Type: CONTRACT/COMMERCIAL TRANSACTION
Case Initiation Date: 10/09/2023 Document Type: Complaint
Attorney Name: SETH NEIL BRODER Jury Demand: NONE
Firm Name: BRODER LAW GROUP, P.C. Is this a professional malpractice case? NO
Address: 110 MARTER AVE SUITE 103 Related cases pending: NO
MOORESTOWN NJ 08057 If yes, list docket numbers:
Phone: 8562348768 Do you anticipate adding any parties (arising out of same
Name of Party: PLAINTIFF : RIVERA, BASILIA transaction or occurrence)? NO
Name of Defendant's Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): None
Are sexual abuse claims alleged by: BASILIA RIVERA? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? YES
If yes, is that relationship: Friend/Neighbour
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
| certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
10/09/2023 /s/ SETH NEIL BRODER
Dated Signed
Preview
CAM-L-002842-23 10/12/2023 4:07:32 PM Pglof13 Trans ID: LCV20233107840 SETH N. BRODER, ESQUIRE — NJ ATTORNEY ID NO. 019231996 BRODER LAW GROUP, P.C. 110 MARTER AVENUE, SUITE 103 MOORESTOWN, NEW JERSEY 08057 (856) 234-8768 EMAIL: sbroder@broderlawgroup.com ATTORNEY FOR PLAINTIFF BASILIA RIVERA SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, CAMDEN COUNTY Vv. DOCKET NO. DAWN M. DONALDSON and Civil Action JESSICA WATERS A/K/A JESSICA BROWN, individually, COMPLAINT jointly, severally, or in the alternative, JOHN DOES Defendants. Plaintiff, Basilia Rivera (hereafter, “Plaintiff”), by way of Complaint against Defendant, Dawn M. Donaldson (hereafter, “Defendant Dawn”), Defendant Jessica Waters a/k/a Jessica Brown (hereafter, “Defendant Jessica”), and additional John Does, (collectively, the “Defendants”) says: THE PARTIES 1 Plaintiff Basilia Rivera, is a citizen of the State of New Jersey with an address located at 101 Gibbsboro Road East, Lindenwold, New Jersey 08021. 2. Defendant Dawn M. Donaldson is a citizen of the State of New Jersey with an address located at 23 Chiswick Drive, Lindenwold, New Jersey 08021. 3 Defendant Jessica Waters a/k/a Jessica Brown is a citizen of the State of New BRODER LAW GROUP ec. Jersey with an address located at 283 Millbridge Road, Clementon, New Jersey 08021. farter Avenue, Sulte 103 resiown,NI 06057 4. JOHN DOES are individual Defendants to this lawsuit whom have not yet been identified. CAM-L-002842-23 10/12/2023 4:07:32 PM Pg2of13 Trans ID: LCV20233107840 JURISDICTION AND VENUE 5. The subject of the present matter is situated in Lindenwold, Camden County, New Jersey, and all transactions in the present matter occurred within the State of New Jersey. 6 This Court has venue over this action because a substantial part of the events giving rise to this claim occurred in this County and State, and because the real property at issue in this matter is located in Camden County, New Jersey. FACTS COMMON TO ALL COUNTS 7 In 2012, Plaintiff received proceeds from a personal injury settlement in the amount of $30,000.00 dollars (the “Settlement Proceeds”). 8 At the time of receiving the Settlement Proceeds, Plaintiff was 18 years of age and just graduating from high school. Plaintiff had no understanding of finances and money management and did not have a bank account of her own. Plaintiff's father was not in her life and her mother, at the time, was very unstable and did not have a bank account either. 9 The Settlement Proceeds were initially given by Plaintiff to her grandmother to hold in her bank account. However, Plaintiff's grandmother fell ill and instructed Plaintiff to move the Settlement Proceeds out of her account in the event Plaintiff's grandmother passed away. 10. In light of the fact Plaintiff had no knowledge as to how to handle money, nor did she have a bank account, Defendant Dawn, whom was a close family friend, offered to hold and manage the Settlement Proceeds for Plaintiff and seek growth for same through investments. ‘SRODER LAW GROUP Fe 11. Believing Defendant Dawn would hold, protect, preserve, manage and grow the 110 Marter Avenue, Bute 103 ‘4oorestown,NJ OBO5ST Settlement Proceeds, Plaintiff accepted Defendant Dawn’s offer. 12. Upon information and belief, Defendant Dawn invested the Settlement Proceeds in Certificates of Deposit (“CDs”) at Wells Fargo Bank. 2 CAM-L-002842-23 10/12/2023 4:07:32 PM Pg3of13 Trans ID: LCV20233107840 13. Plaintiff had such blind trust in Defendant Dawn, she even agreed to permit Defendant Dawn to “borrow” $5,000.00 from the Settlement Proceeds to be used for her son, Jeffrey’s bail, afterhe got incarcerated. 14. Upon information and belief, thereafter, Defendant Dawn suggested to Plaintiff that the Settlement Proceeds be moved into a retirement account, which allegedly is where the Settlement Proceeds are still being held. Plaintiff relied solely on verbal assurances by Defendant Dawn that the Settlement Proceeds were no only intact, but satisfactorily growing. 15. Ona number of occasions over the years, Plaintiff has requested Defendant Dawn to distribute certain sums of money from the Settlement Proceeds to Plaintiff to pay for Plaintiff's needs, including education, child care and housing. However, despite Plaintiff's many requests, Defendant Dawn failed to give any of the Settlement Proceeds to Plaintiff. Instead, Defendant Dawn continuously dodged Plaintiff, making up excuses as to why she was unable to meet Plaintiff to give her the requested money. 16, On or about February 9, 2021, Plaintiff texted Defendant Dawn requesting to see bank/investment statements showing the whereabouts of the Settlement Proceeds. In response, Defendant Dawn advised Plaintiff the Settlement Proceeds had grown an additional $15,000.00. Defendant Dawn then promised to give Plaintiff $4,000.00 from the Settlement Proceeds for her rental of a prospective apartment, Yet, Defendant Dawn never did, and once again, made excuses as to why she could not provide Plaintiff with the money. 17. Upon information and belief, Defendant Jessica, who is Defendant Dawn’s daughter and former best friend of Plaintiff, has been aware of and schemed with Defendant BRODER LAW GROUP ro Dawn to steal the Settlement Proceeds from Plaintiff. This is evident through Defendant 140 Marter Avenue, Suite 103 Moometown,NJ 08057 Jessica’s threats to Plaintiff in response to Plaintiff questioning her about the whereabout of the Settlement Proceeds, which has effectively been her strategy to redirect Plaintiff's attention away from Defendant Dawn. CAM-L-002842-23 10/12/2023 4:07:32 PM Pg4of13 Trans ID: LCV20233107840 18. Upon information and belief, Defendants have utilized the Settlement Proceeds as if it was their own money for their own benefit and personal gain. 19. To date, despite many requests from the Plaintiff to the Defendant Dawn and Defendant Jessica, none of the Settlement Proceeds nor any growth thereon has been turned over to the Plaintiff, FIRST COUNT (Conversion/Theft) 20. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 19 above and incorporates each such allegation as if set forth verbatim and repeated herein at length. 21. Upon information and belief, Defendants wrongfully exercised dominion and control over the Plaintiff's Settlement Proceeds, 22. Despite the knowledge that the Settlement Proceeds did not belong to them, Defendants intentionally refused to return the Settlement Proceeds to the Plaintiff and deprived the Plaintiff of the use of said Settlement Proceeds. 23. Furthermore, Defendants have refused to account for, disclose and/or return the Settlement Proceeds that they wrongfully took and used despite Plaintiff's requests and demands. 24, Asa result of Defendants’ wrongful conversion of Plaintiff's Settlement Proceeds, Plaintiff has incurred, and continues to incur, substantial economic harm to her detriment. 25. The damages incurred by Plaintiff was caused by, and is the direct result of, BRODER LAW GROUP Po {£0 erter Avenue, Suite 103 Defendants’ unlawful conduct. hinorestown,NJ 0B057 26. Defendants’ actions/inactions are/were sufficiently willful, wanton and malicious to just the imposition of punitive damages, CAM-L-002842-23 10/12/2023 4:07:32 PM Pg5of13 Trans ID: LCV20233107840 WHEREFORE, Plaintiff demands judgment against Defendants, individually, jointly, and severally, for the following: A Compensatory damages in the amount of $30,000.00 plus any interest earned thereon; B. Incidental costs and consequential damages; and Cc Such other relief as the Court deems just and equitable, including attorney’s fees, costs of suit, interest and expenses. SECOND COUNT (Breach of Fiduciary Duty - Defendant Dawn) 27. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 26 above and incorporates each such allegation as if set forth verbatim and repeated herein at length. 28. Defendant Dawn owed a duty to Plaintiff to hold, protect, preserve, manage and grow the Settlement Proceeds as Defendant Dawn promised she would do so from the moment Defendant Dawn received the Settlement Proceeds. 29. Defendant Dawn’s failure to hold, protect, preserve, manage and grow the Settlement Proceeds for the Plaintiff amounts to a clear and flagrant breach of this fiduciary duty. 30. Defendant Dawn’s breach of her fiduciary duty to Plaintiff has caused Plaintiff damages. 31. Defendant’s actions/inactions are/were sufficiently willful, wanton and malicious to justify the imposition of punitive damages, BRODER LAW GROUP Po WHEREFORE, Plaintiff demands judgment against Defendant Dawn for the 110 Marter Avenue, Suite 103 Moorestown,NJ 08057 following: A Compensatory damages in the amount of $30,000.00 plus any interest earned. thereon; CAM-L-002842-23 10/12/2023 4:07:32 PM Pg6of13 Trans ID: LCV20233107840 B Incidental costs and consequential damages; and Cc. Such other relief as the Court deems just and equitable, including attorney’s fees, costs of suit, interest and expenses. THIRD COUNT. (Negligence — Defendant Dawn) 32. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 31 above and incorporates each such allegation as if set forth verbatim and repeated herein at length. 33. Defendant Dawn owed a duty of care to hold, protect, preserve, manage and grow the Settlement Proceeds for the Plaintiff. 34, Defendant Dawn negligently failed to conduct her actions in such a described manner. 35. As a result of the aforesaid negligence, Plaintiff sustained damages, 36. Defendant’s actions/inactions are/were sufficiently willful, wanton and malicious to justify the imposition of punitive damages. WHEREFORE, Plaintiff demands judgment against Defendant Dawn for the following: A Compensatory damages in the amount of $30,000.00 plus any interest earned thereon; B. Incidental costs and consequential damages; and C. Such other relief as the Court deems just and equitable, including attorney’s fees, costs of suit, interest and expenses. FOURTH COUNT (Fraud — Defendant Dawn) BRODER LAW GROUP rc 37. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 36 110 Marter Avenue, Sulte 103 Moorestown, Nu! 08067 above and incorporates each such allegation as if set forth verbatim and repeated herein at length. 38. Defendant Dawn made misrepresentations and/or omissions of material facts to 6 CAM-L-002842-23 10/12/2023 4:07:32 PM Pg7of13 Trans ID: LCV20233107840 Plaintiff regarding her ability to hold, protect, preserve, manage and grow the Settlement Proceeds for the Plaintiff. 39. Defendant Dawn knew these misrepresentations and/or omissions of material facts to be false as her intention was to use the Settlement Proceeds for her own benefit and personal gain. 40. Defendant Dawn made the aforesaid misrepresentations and/or omissions of material facts knowingly and/or willfully, with knowledge, and/or belief of the falsity of the misrepresentations and/or omissions of material facts, and with the intent to mislead Plaintiff. 41. At all times relevant to the events set forth herein, Defendant Dawn acted knowingly with the intent to cause Plaintiff's reliance thereon. 42. Plaintiff, in fact, reasonably relied upon the aforesaid misrepresentations and/or omissions of material facts to Plaintiff's detriment. 43. As a result of Defendant Dawn’s aforesaid misconduct, Plaintiff suffered damages. 44, Said conduct on Defendant Dawn’s part constitutes the commission of legal and/or equitable fraud against Plaintiff. 45. Defendant’s actions/inactions are/were sufficiently willful, wanton and malicious to justify the imposition of punitive damages, WHEREFORE, Plaintiff demands judgment against Defendant Dawn for the following: A Compensatory damages in the approximate amount of $30,000.00 plus any interest eamed thereon; BRODER LAW GROUP rc B. Incidental costs and consequential damages; and 1£ tarter Avenue, Sutte 103 stcoreatown, NJ 08057 Cc. Such other relief as the Court deems just and equitable, including attorney’s fees, costs of suit, interest and expenses. CAM-L-002842-23 10/12/2023 4:07:32 PM Pg8of13 Trans ID: LCV20233107840 FIFTH COUNT (Unjust Enrichment) 46. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 45 above and incorporates each such allegation as if set forth verbatim and repeated herein at length. 47. Defendants unlawfully usurped and utilized the Settlement Proceeds from the Plaintiff for their own use and benefit, that they were not entitled to. 48. As a result of the conduct described above, Defendants have been unjustly enriched at the expense of the Plaintiff. 49, Defendants are therefore liable to pay back the Plaintiff the value of the Settlement Proceeds plus any interest earned thereon. 50. Defendants have benefited from and made use of the Settlement Proceeds, they usurped from the Plaintiff for their personal benefit, use and purpose. 51. Defendants would be unjustly enriched if permitted to retain this benefit. 52. Defendants’ actions/inactions are/were sufficiently willful, wanton and malicious to justify the imposition of punitive damages. WHEREFORE, Plaintiff demands judgment against Defendants, individually, jointly, and severally, for the following: A Compensatory damages in the amount of $30,000.00 plus any interest earned thereon; B Incidental costs and consequential damages; and Cc. Such other relief as the Court deems just and equitable, including attorney’s fees, costs of suit, interest and expenses. BRODER LAW GROUP rc 110 Marler Avenue, Sutte 103 ‘Moorestown,NJ 08067 SIXTH COUNT (Breach of Contract — Defendant Dawn) 53. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 52 above and incorporates each such allegation as if set forth verbatim and repeated herein at 8 CAM-L-002842-23 10/12/2023 4:07:32 PM Pg9of13 Trans ID: LCV20233107840 length. 34. Defendant Dawn and Plaintiff entered into an oral agreement whereby Defendant Dawn agreed to hold, protect, preserve, manage and grow the Settlement Proceeds for the Plaintiff. 55. Defendant Dawn’s failure to hold, protect, preserve, manage and grow the Settlement Proceeds for the Plaintiff, as promised, constitutes a breach of contract. 56. As direct result of Defendant Dawn’s breach of the oral agreement, Plaintiff has suffered damages, 57. Defendant’s actions/inactions are/were sufficiently willful, wanton and malicious to justify the imposition of punitive damages, WHEREFORE, Plaintiff demands judgment against Defendant Dawn for the following: A. Compensatory damages in the amount of $30,000.00 plus any interest earned thereon; B. Incidental costs and consequential damages; and Cc. Such other relief as the Court deems just and equitable, including attorney’s fees, costs of suit, interest and expenses. SEVENTH COUNT (Civil Conspiracy) 38. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 57 above and incorporates cach such allegation as if set forth verbatim and repeated herein at length. 59. Defendants are a combination of two or more persons who acted in concert to BRODER LAW GROUP ro commit an unlawful act or commit a lawful act by unlawful means, ie., purposely and ‘110 Marter Avenue, Sulte 103 ‘Moorestown, NJ 8067 willfully defraud and steal from the Plaintiff. 60. Upon information and belief, Defendant Dawn and Defendant Jessica developed a scheme to convert the Settlement Proceeds from Plaintiff. 9 CAM-L-002842-23 10/12/2023 4:07:32 PM Pg10o0f13 Trans ID: LCV20233107840 61. As part of this scheme, Defendant Dawn refused to provide Plaintiff with any money or statements confirming the whereabouts and value, and continued to give Plaintiff excuses as to why Defendant Dawn could not meet with Plaintiff. At the same time, Defendant Jessica threatened physical violence against Plaintiff for questioning Defendant Dawn the value and whereabouts of the Settlement Proceeds. 62. The use of violent threats was an overt step in furtherance of the conspiracy to deprive Plaintiff access to the Settlement Proceeds. 63. Asa result of the Defendants’ conduct, Plaintiff has suffered damages in the form of diverted funds and lost interest. 64. Defendants’ conduct was willful and/or with reckless disregard to the harm that they were causing Plaintiff. 65. Defendants’ actions/inactions are/were sufficiently willful, wanton and malicious to justify the imposition of punitive damages. WHEREFORE, Plaintiff demands judgment against Defendants, individually, jointly, and severally, for the following: A Compensatory damages in the amount of $30,000.00 plus any interest earned thereon; B. Incidental costs and consequential damages; and C. Such other relief as the Court deems just and equitable, including attorney's fees, costs of suit, interest and expenses, EIGHTH COUNT (Fictitious Individuals) 66. Plaintiff repeats each of the allegations set forth in paragraphs 1 through 65 SROVER LAW GROUP ro ‘110 Marter Avenue, Suite 103 ‘nanorestown, NJ 08057 above and incorporates each such allegation as if set forth verbatim and repeated herein at length. 67. Plaintiff alleges insufficient opportunity to determine the identity of all individuals whose actions may be responsible in whole or in part for the damages incurred and 10 CAM-L-002842-23 10/12/2023 4:07:32 PM Pg1lof13 Trans ID: LCV20233107840 threatened to be incurred by Plaintiff. 68. For purposes of the within Complaint, said individuals and have been nominated as John Does. 69. Plaintiff, pursuant to the Rules of the Court for the State of New Jersey, reserves the right to amend the within Complaint to add additional Defendants when and if the identity of said individuals become known. BRODER LAW GROUP, P.C. Attorneys for the Plaintiff Dated: October 9, 2023 By Sel A the Firm C ERTIFICATION PURSUANT TO R.1:38-7 I certify that confidential personal identifiers have been redacted from documents now submitted to the Court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). BRODER LAW GROUP, P.C. Attorneys for the Plaintiff Dated: October 9, 2023 By: uP SethN: Broder, Edquire For the Firm NOTICE OF DESIGNATION OF TRIAL COUNSEL Please take notice pursuant to R. 4:25-4, Seth N. Broder, Esquire, is hereby designated as trial counsel on the above-captioned litigation on behalf of the Plaintiff. SRGOER LAW GROUP po BRODER LAW GROLP, P.C. 18 frlarter Avenue, Suite 103. ioorestown, NJ 08067 Attorneys for the Plaintiff By: Dated: October 9, 2023 ethXI der, Esquire For the Firm 11 CAM-L-002842-23 10/12/2023 4:07:32 PM Pg120f13 Trans ID: LCV20233107840 CERTIFICATION PURSUANT TO R. 4:5-1 The undersigned counsel certifies that, to the best of his knowledge and belief, the matter in controversy is not the subject of any other action pending in any other Court and is likewise not the subject of any pending arbitration proceeding. I further certify that I have no knowledge of any contemplated action or arbitration proceedings which is contemplated regarding the subject matter in this action and I am not aware of any other parties at this time who should be joined to the present action. I certify the foregoing to be true, I am aware that if the above is willfully false, I am subject to penalties under the law. BRODER LAW GROUP, P.C. Attorneys for Plaintiff Dated: October 9, 2023 Cay OW Seth N. Broder, Esquire For the Firm BRODER LAW GROUP pc 110 Marter Avanue, Sule 103 ‘Meorestown, NI 06067 12 CAM-L-002842-23 10/12/2023 4:07:32 PM Pg 13 o0f13 Trans ID: LCV20233107840 Civil Case Information Statement Case Details: CAMDEN | Civil Part Docket# L-002842-23 Case Caption: RIVERA BASILIA VS DONALDSON DAWN Case Type: CONTRACT/COMMERCIAL TRANSACTION Case Initiation Date: 10/09/2023 Document Type: Complaint Attorney Name: SETH NEIL BRODER Jury Demand: NONE Firm Name: BRODER LAW GROUP, P.C. Is this a professional malpractice case? NO Address: 110 MARTER AVE SUITE 103 Related cases pending: NO MOORESTOWN NJ 08057 If yes, list docket numbers: Phone: 8562348768 Do you anticipate adding any parties (arising out of same Name of Party: PLAINTIFF : RIVERA, BASILIA transaction or occurrence)? NO Name of Defendant's Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): None Are sexual abuse claims alleged by: BASILIA RIVERA? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? YES If yes, is that relationship: Friend/Neighbour Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO | certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 10/09/2023 /s/ SETH NEIL BRODER Dated Signed