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Filing # 70310716 E-Filed 04/05/2018 03:42:55 PM
IN THE 11" JUDICIAL CIRCUIT
COURT IN AND FOR MIAMI DADE
COUNTY, FLORIDA
CASE NO. 2010-30306-CA-01 (30)
VICTOR LERNER, an. individual,
CITIGROUP REALTY, LLC, and CITY
REALTY GROUP INTERNATIONAL LLC,
Florida limited liability companies,
Plaintiffs,
VS.
INO HALEGUA, an individual, ORESCO
ENTERPRISES, LLC; EXCLUSIVE
ESCAPES, LLP, INC.; and NERVIA
ENTERPRISES, LLC, Florida limited liability
companies,
Defendants.
/
JOINT PRE-TRIAL STATEMENT
Plaintiffs, VICTOR LERNER, an individual, CITIGROUP REALTY, LLC, and
CITY REALTY GROUP INTERNATIONAL LLC, Florida limited liability companies,
along with Defendants, INO HALEGUA, an individual, ORESCO ENTERPRISES, LLC.;
EXCLUSIVE ESCAPES, LLP, INC.; and NERVIA ENTERPRISES, LLC, Florida limited
liability companies, hereby file their Joint Pre-Trial Statement pursuant to this Court’s Order
following Pre-Trial Conference/Calendar Call dated March 19, 2018 and state as follows:
(a) Plaintiffs’ counsel met with Defendants’ counsel to review exhibits to be
introduced at trial and witnesses to be called on Wednesday, April 4, 2018.
(b) The names of each attorney serving as trial counsel are as follows:
For the Plaintiffs: David H. Charlip, B.C.S.
Charlip Law Group, LC
11900 Biscayne Blvd., Suite 200North Miami, FL 33181
Tel: (305) 354-9313
Fax: (305) 354-9314
Email: dcharlip@charliplawgroup.com
assistant@charliplawgroup.com
For the Defendants: Matthew L. Jones, Esq.
Jones & Adams, P.A.
999 Ponce De Leon Boulevard
Suite 925
Coral Gables, Florida 33134
Telephone: (305) 270-8858
Facsimile: (305) 270-6778
E-mail:matthew@jones-adams.com
(c) Description of the case to be read to the jury:
This is a civil trial. A civil trial is different from a criminal case, where a defendant is
charged by the state prosecutor with committing a crime. The subject of a civil trial is a
disagreement between people or companies [or others, as appropriate], where the claims of
one or more of these parties have been brought to court to be resolved. It is called “a trial of a
lawsuit.” .
This case involves a partnership dispute between the Plaintiffs and the Defendants.
The dispute involves monies claimed between the Plaintiffs’ and Defendants’ concerning real
estate businesses in existence over the course of the Parties’ partnership.
‘The first Plaintiff in this case is Victor Lerner, who I will refer as “Mr. Lerner”. The
second Plaintiff in this case is Citigroup Realty, LLC. The third Plaintiff is City Realty
Group International, LLC. Sometimes I will refer to all three as the Plaintiffs.
There are five defendants in this case. The first Defendant is Ino Halegua, who I will
refer to as “Mr. Halegua.” The second Defendant is Oresco Enterprises, LLC. The third
Defendant is Exclusive Escapes, LLLP. The fourth Defendant is Ino, LLC. The fifth
Defendant is Nervia Enterprises, LLC, Sometimes I will refer to all five as the “Defendants.”
The Defendants also have claims in this case, which are called counterclaims, and
will be tried together with the claims brought by the Plaintiffs.
This case was commenced by the Plaintiffs, who sued the Defendants for breach of
oral and written contract, unjust enrichment, breach of a Promissory Note and Guaranty, and
fraudulent transfer.
In addition, the Defendants’ counterclaims against the Plaintiffs are for money lent,
and breach of oral and written contract.(bh) Proposed jury instructions and verdict form:
Jury Instructions: Joint Jury Instructions are attached hereto as Exhibit “B”.
Verdict Forms: Joint Verdict Form is attached hereto as Exhibit “C”,
Respectfully submitted on this _ day of April, 2018.
CHARLIP LAW GROUP, LC
11900 Biscayne Blvd., Suite’200
North Miami, FL 33181
Tel: (305) 354-9313
Fax: (305) 354-9314
Email: dcharlip@charliplawgroup.com
assistant@charliplawgroup.com
/s/ David H, Charlip., B.C.S
David H. Charlip., B.C.S.
FL Bar Number: 329932
JONES & ADAMS, P.A.
999 Ponce De Leon Boulevard
Suite 925
Coral Gables, Florida 33134
Telephone; (305) 270-8858
Facsimile: (305) 270-6778
E-mail:matthew@jones-adams.com
s.rothenberg@jones-adams.com
/s/ Matthew L. Jones, Esq.
Matthew L. Jones, Esq.
FL Bar Number: 909335EXHIBIT “A”IN THE CIRCUIT COURT OF THE 117
JUDICIAL CIRCUIT, IN AND FOR,
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 10-30306 CA 30
VICTOR LERNER, = an individual;
CITIGROUP REALTY, LLC; and CITY REALTY
GROUP INTERNATIONAL,
LLC, :
Plaintiffs, vs.
INO HALEGUA, an individual; ORESCO ENTERPRISES,
LLC; EXCLUSIVE
ESCAPES, LLLP; INO, LLC; and NERVIA
ENTERPRISES, LLC,
Defendants,
/
DEFENDANTS? TRIAL EXHIBIT LIST
PRESIDING JUDGE: PLAINTIFF’S ATTORNEY: | DEFENDANT’S ATTORNEY:
Hon. Maria de Jesus Santovenia David H. Charlip, Esq. Matthew L. Jones, Esq.
CHARLIP LAW GROUP, LP | JONES & ADAMS, P.A.
TRIAL DATE: COURT REPORTER: COURTROOM DEPUTY:
April 9; 2018
ALT] PLS DATE | MA| ADMITT
DEFS NO, NO. OBS OFFE RK ED DESCRIPTION OF EXHIBIT
RED ED
“ an a Plaintiffs’ Complaint
CODE OBJECTION
i Incomplete; the introduction of any remaining portions ought, in fairness, to be considered contemporancously (Fla. R. Evid. 90.408)
R Relevance (Fla, R, Evid. 90.402)
P Misleading; undue prejudice; confusion of issues; waste of time (Fla. R. Evid. 90.403)
F Personal Knowledge; lack of foundation (Fla. R. Evid. 90.604)
L lay opinion or legal conclusion; the exhibit contains an impermissible opinion by a lay witness that is not reasonably based on perception or
helpful to a clear understanding of the withess’ testimony or to the determination of a fact in dispute (Fla. R, Evid. 90.702)
H Hearsay, the exhibit is a statement made by one other than the witness while testifying at trial, offered into evidence to prove the truth of the
matter asserted, and not subject to any hearsay exception (Fla. R, Fvid, 90,801 and 90,802)
A Authentication; exhibit has not been properly authenticated (Fla. R. Evid, 90.901)
8 Best evidence; the exhibit is objectionable because itis vague and ambiguous as to whether the witness Is summarizing his or her own
independent understanding of the contents of the document (Fla. R, Evid. 90.952}
E Exhibit is objectionable because it constitutes attempted expert testimony from a person who was not designated as an expert (Fla, R. Civ, P.
1,280)
u Untimely; exhibit not provided during the discovery process
0 Conditional objection; Plaintiffs reserve the right to object to this exhibit at trial depending on the purpose for which Defendants seek to
introduce it,
T Exhibit description violates trial orderDEFS,
NO.
ALT.
NO,
PLS,
OBI,
DATE
OFFE.
RED.
MA
‘ADMITT,
DESCRIPTION OF EXHIBIT
RF,
Plaintiffs’ Amended Complaint
RF,
H
Plaintiffs’ Second Amended Complaint
RE,
Plaintiffs’ Third Amended Complaint
Defendants’ Answer, Affirmative Defenses and Counterclaim
“Binding Letter of Intent” dated January 14, 2005 (Exhibit A to
Plaintiffs’ Third Amended Complaint).
Unexecuted copy of “Exclusive Right to Lease Agreement” (Exhibit
B to Plaintiffs’ Third Amended Complaint).
MLS Listing (Exhibit C to Plaintiffs’ Third Amended Complaint).
Unexecuted copy of “Regulations and Operating Agreement of
CitiGroup Realty, LLC” (Exhibit D to Plaintiffs’ Third Amended
Complaint).
CHECK No. 7909, dated February 17, 2009, in the amount off
$22,500.00 (Exhibit E to Plaintiffs’ Third Amended Complaint).
“Promissory Note” (Exhibit F to Plaintiffs’ Third Amended
Complaint).
“Special Warranty Deed” (Exhibit G to Plaintiffs’ Third Amended
Complaint).
Account Summary dated 10/30/09 (Exhibit H to Plaintiffs’ Third
Amended Complaint).
Account Summary dated 9/30/09 (Exhibit I to Plaintiffs’ Third
Amended Complaint).
“Gibraltar Private Bank Internal Funds Transfer Form” (Exhibit J to
Plaintiffs’ Third Amended Complaint).
2005 Closing Statement prepared by or on behalf of Victor Lerner
with respect to the sale of entities that had taken place in November
2003.
Letter of Intent dated November 7, 2003.
CHIT
Agreement (Exhibit A to Defendants’ Counterclaim).
RP,
Stipulation admitting to guilt signed by Victor Lerner on January 6,
2006.
20.
Pe
ams
Order, entered on or about October 23, 2006, Approving Stipulation
admitting to guilt signed by Victor Lerner on January 6, 2006.
ai.
mp
mre
Defendants’ Response to Plaintiffs’ Second Request for
Production.
2,
Letter from Pathman Lewis, LLP to Richard M. Bales, Esq, dated
March 7, 2011, with attachments (Composite Documents)- Exhibit
3 to Deposition of Dr. Ino Halegua on 01/25/12.
2,
Chart- Exhibit 5 to Deposition of Dr. Ino Halegua on 01/25/12.
Page 2 of 13DEFS.
NO.
ALT.
NO.
PLS.
OBS.
DATE
OFFE
MA
ADMITT
ED
DESCRIPTION OF EXHIBIT
CHECK 18565 in the amount of $55,000.00 dated January 26,
2006- Exhibit 6 to Deposition of Dr. Ino Halegua on 01/25/12.
25,
Letter from Jorge L. Cruz-Bustillo to Brad Koshland dated
September 21, 2010- Exhibit 7 to Deposition of Dr. Ino Halegua on
01/25/12.
26.
CHECK No. 128, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $854.75 dated April
28, 2008- Exhibit 8 to Deposition of Dr. Ino Halegua on 04/28/08.
27.
Checks dated May 20, 2008- Exhibit 9 to Deposition of Dr. Ino]
Halegua on 01/25/12.
BB.
28,
Chart- Exhibit 10 to Deposition of Dr. Ino Halegua on 01/25/12.
ce.
29,
Closing Statement dated January 15, 2008- Exhibit 11 to Deposition
of Dr. Ino Halegua on 01/25/12.
DD.
30.
Letter from Louis P. Archambault to Ino Halegua dated January 14,
2005- Exhibit 12 to Deposition of Dr. Ino Halegua on 01/25/12.
31.
Deposit slip dated August 18, 2005- Exhibit 13 to Deposition of Dr.
Ino Halegua on 01/25/12.
FF,
32,
Composite Documents- Exhibit 3, Deposition of Dr, Ino Halegua on
08/10/2011.
GG.
33.
Letter- Exhibit 4 to Deposition of Richard Do on 10/14/11.
34.
CHECK No. 140, dated 11/14/03 from Oresco Enterprises, LLC’s
Merrill Lynch/ Bank One account ending in IB to Victor Lerner
in the amount of $50,000.00.
35.
CHECK No. 141, dated 12/01/03 from Oresco Enterprises, LLC’s
Merrill Lynch/ Bank One account ending in Hl to Victor Lerner
in the amount of $25,000.00.
U
36.
CHECK No. 144, dated 01/19/04 from Oresco Enterprises, LLC’s
Merrill Lynch/ Bank One account ending in Il to Victor Lerner
in the amount of $25,000.00.
37.
CHECK No. 1007, dated 11/19/04 from Oresco Enterprises, LLC’s
Mellon United National Bank account ending in I to Victor
Lerner in the amount of $60,000.00.
LL
38.
Affidavit of Richard Do- Exhibit 5 to Deposition of Richard Do on
10/14/11.
38,
All documents and/or records produced by Bank of America.
NN.
40,
All documents and/or records produced by Great Florida Bank.
00.
a.
All documents and/or records produced by Sawgrass Title &
Escrow, Inc.
PP.
a2,
All documents and/or records produced by Wells Fargo Bank.
43,
All documents and/or records produced by Gibraltar Bank.
Page 3 of 13
.
|DEFS.
NO.
‘ALT.
NO.
PLS.
OB],
DATE
OBFE
ADMITT
ED
DESCRIPTION OF EXHIBIT
aa.
All documents and/or records produced by Scottrade Bank.
SS.
45.
All documents and/or records produced by Mercantile Bank.
TT,
All documents and/or records produced by Kim Marks, CPA and/or
Kim Marks, CPA, P.A.
a7.
Account opening documents for Reality Realty Group, LLC
produced by Gibraltar Bank pursuant to Subpoena Duces Tecum.
WW.
rr
Closing Statement dated January 2005,
49.
Check Register reflecting $4,000 to Pathman Lewis, LLP dated
October 20, 2003 through November 23, 2004.
50,
Document entitled “Basic Lease Information” for 900 Alton Road|
Shopping Center, with Addendum.
YY.
si,
Handwritten Ledger for Reality Realty, LLC.
Zi.
32.
Articles of Organization of CitiGroup Realty, LLC.
AAA.
33,
Special Warranty Deed dated November 30, 2009 re transfer from
Reality Realty Group, LLC to Soni Real Estate, LLC.
BBB.
34
Post-Closing Agreement dated November 30, 2009.
CCE.
35.
Bill of Sale and General Assignment of Rights dated November 30,
2009.
ppb.
36.
Facsimile dated March 5, 2004 from the Barthett Firm to “Yamy”,
with attachment.
EEE.
7.
Reality Realty, LLC CHECK No, 1026 in the amount of $32,000.00
dated January 11, 2007.
FEF.
58,
Oresco Enterprises, LLC CHECK No. 1189 in the amount of
$12,000.00 dated February 15, 2007.
GGG.
3
Reality Realty Group, LC CHECK No. 1040 in the amount o:
$10,500.00 dated April 24, 2007.
HAR,
CHECK No. 2732, dated March 31, 2009 from Jonis Enterprises,
LLC to Reality Realty in the amount of $5,000.
Mi.
61,
Proof of Loss submitted Florida Assurers, Inc. regarding flood at 906
Alton.
ID.
02.
CHECK No. 1877 to Reality Realty, LLC in the amount of
$30,000.00.
KKK.
63.
E-mail from Ino Halegua to Victor Lerner dated July 7, 2009
regarding repayment of $37,500.00 (half of $75,000.00).
LLL.
6A.
Affidavit of Ino Halegua dated September 21, 2010.
65.
Reality Realty, LLC CHECK No. 173 in the amount of $6,000.00
dated December 12, 2009.
NNN,
Reality Realty, LLC CHECK No. 174 in the amount of $10,000.00
dated February 19, 2009.
Page 4 of 13DEES.
NO.
ALT.
NO.
PLS
OB).
DATE
OFFE,
RK
ED
ADMITT
ED
DESCRIPTION OF EXHIBIT
67.
Reality Realty, LLC CHECK No. 175 in the amount of $5,000.00
dated March 2, 2009.
PPP.
68,
Reality Realty, LLC CHECK No. 135 in the amount of $30,000.00
to Victor Lerner dated May 20, 2008.
QQ.
69.
Reality Realty, LLC CHECK No. 108 in the amount of $7,500.00
dated October 17, 2007.
70.
Greenberg Traurig CHECK dated August 17, 2005 in the amount of
$8,331.00 payable to City Group Realty.
88S.
.
CHECK No. 2019 dated February 8, 2006 in the amount of|
$37,000.00 from City Group Realty, LLC to Reality Realty, LLC.
TTT.
E-mail dated June 25, 2009 from Victor Lerner to Ino Halegua.
B.
E-mail dated September 22, 2009 from Victor Lerner to Ino
Halegua.
vw,
74,
E-mail dated June 20, 2005 from Greenberg Traurig to Ino
Halegua.
www,
5.
CHECK No. 1005, dated January 5, 2009 from Vicin Holdings,
LLC to City Realty Group Operating in the amount of $15,500.
76.
CHECK dated March 21, 2008 in the amount of $30,000.00 from.
City Realty Group International, LLC to Reality Realty Group,
LLC.
7.
Closing Statement dated November 30, 2009 for 605 Lincoln Road,
#215, Miami Beach, FL. (Bayview)
78,
CHECK No. 18125 dated September 21, 2005 in the amount off
$83,000.00 from Reality Realty Group, LLC to Ino Halegua.
‘AAAA.
7.
CHECK No, 155 dated October 8, 2008 in the amount of $3,000.00
from Reality Realty Group, LLC to City Group Realty.
BBBB.
80,
CHECK No. 147 dated July 31, 2008 in the amount of $5,000.00
from Reality Realty Group, LLC to City Group Realty.
cece,
ai.
CHECK. No. 159 dated October 31, 2008 in the amount of
$8,000.00 from Reality Realty Group, LLC to City Realty Group
International, LLC.
DDDD.
82.
CHECK No. 160 dated November 4, 2008 in the amount of|
$2,295.00 from Reality Realty Group, LLC to City Group Realty.
EEE,
CHECK No. 120 dated January 17, 2008 in the amount of $5,000.00
from Reality Realty Group, LLC to City Group Realty.
FFFF.
84,
Reality Realty, LLC CHECK dated May 2007.
85.
Reality Realty, LLC CHECK to Citigroup Realty, LLC in the
amount of $10,000.00.
HAH.
Closing Statement for sale of unit #902 at the Bath Club (March 8,
2006).
Page 5 of 13\ DEFS.
‘NO,
ALT.
NO.
PLS
OBI.
DATE
OFFE
RED
MA
ED
ADMITT
ED
DESCRIPTION OF EXHIBIT
an.
a7.
Closing Statement for sale of the Townhouse located at 6101 Laguna
Drive West, Miami Beach, FL (February 17, 2009).
WH.
88.
Closing Statement for sale of PH #10, 6101 Aqua Ave., Miami
Beach, FL JJanuary 31, 2008).
KKKK,
89.
E-mail dated July 7, 2009 from Ino Halegua to Victor Lerner.
LLL,
E-mail dated November 25, 2009 from Michael S. Tobin, Esq. tol
Victor Lerner.
91.
E-mail dated November 16, 2009 from Benjamin E, Wilson tol
Michael S. Tobin, Esq.
NNNN.
92,
Closing Statement dated November 30, 2009 for 605 Lincoln Rd.,
Miami Beach, FL.
‘0000.
93.
U.S. Department of Housing Settlement Statement dated November
30, 2009 involving VicHold LLC and Reality Realty, LLC.
PPPP.
94,
CHECK No. 139 dated May 20, 2008 in the amount of $125.00 from
Reality Realty Group, LLC to Baum & Company, P.A,
QQQQ.
95,
CHECK No. 132, dated May 6, 2008 from Reality Realty Group,
LLC to Joel Baum in the amount of $5,000.00.
RRRR.
96.
CHECK No. 1048, dated May 24, 2007 from Reality Realty Group,
LLC to Joel Baum in the amount of $5,000.00.
SS88.
97,
Citigroup Realty, LLC checks signed by Ino Halegua.
TTT.
98.
Documents produced by Gibraltar Bank regarding account of Reality
Realty, LLC,
99.
Reality Realty, LLC Check Registry.
VV.
100.
Account opening documents for Vicin, LLC at Bank of America.
www,
101.
Lease for property located at 906 Alton Road, Miami Beach, FL
between INO, LLC and MIMI TRAN dated October 6, 2009.
XXXX,
102.
Photographs of flood at 906 Alton Road, Miami Beach, FL regarding
flood which occurred on June 5, 2009.
103.
Lease for property owned by Nervia Enterprises, LLC which is the
subject of Counts II and IV of Plaintiffs’ Third Amended
Complaint.
ZLLL.
Check Registry (Exhibit 2 to Deposition of Gayle Reichner).
AAAAA.
105.
Invoice Statement No. 81254 dated January 20, 2009 and CHECK
in the amount of $10,000.00 dated January 27, 2009.
BBBBB.
106,
CHECK No. 1103 dated August 12, 2009 in the amount of
$10,000.00.
CeCe.
107.
CHECK No. 3025 dated March 8, 2004 in the amount of
$39,600.00.
DDDDD,
108.
E-mail from Benjamin E. Wilson to Victor Lerner dated December
10, 2009 with Promissory Note dated September 17, 2009.
Page 6 of 13DEFS.
NO.
ALT.
NO.
PLS
OBJ.
DATE
OFFE
RED
ADMITT,
ED
DESCRIPTION OF EXHIBIT
EEBEE,
109,
CHECK No. 126, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $500.00 dated April
3, 2008, payable to Captain Jay Kent.
FEFEF.
110,
CHECK No. 137, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $2,000.00 dated,
payable to Oren Halegua.
GGGGG.
CHECK No. 133, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $750.00 dated May
14, 2008, payable to L+H.
HANH.
112.
CHECK No. 142, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $1,000.00 dated June
18, 2008, payable to L+H.
‘HHL.
113.
CHECK No. 136, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $28,000.00 dated May
20, 2008, payable to Nervia Enterprises, LLC.
TU.
14.
CHECK No. 135, drawn from the Reality Realty Group, LC account
at Gibraltar Private, in the amount of $30,000.00 dated May
20, 2008, payable to Victor Lerner.
KKKKK.
15.
CHECK No. 155, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $3,000.00 dated
October 8, 2008, payable to Citigroup Realty.
TLLLL.
n6.
CHECK No. 159, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $8,000.00 dated
October 31, 2008, payable to City Realty International.
7.
CHECK. No. 160, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $2,295.00 dated
November 4, 2008 payable to City Group Realty.
NNNNN_
1E8,
CHECK No. 173, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $6,000.00 dated
February 12, 2009, payable to Reality Realty Group.
00000.
119.
CHECK No. 177, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $2,500.00 dated
March 19, 2009, payable to City Group Realty. ,
PPPPP,
120.
CHECK No. 147, drawn: from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated July
31, 2008, payable to City Group Realty.
2QQQQ.
ia.
CHECK No. 138, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00, dated May
20. 2008, payable to City Group Realty.
RRRRR,
122.
CHECK No. 120, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
January 17, 2008, payable to City Group Realty.
Page 7 of 13DEES.
NO.
ALT,
NO.
PLS
OBI,
DATE
OFFE
RED
ADMITT
ED
DESCRIPTION OF EXHIBIT
SSSSS.
123.
CHECK No. 116, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
December 18, 2007, payable to City Group Realty.
124.
CHECK No. 113, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
November 20, 2007, payable to City Group Realty.
UUUUU.
128.
CHECK No. 112, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
November 17, 2007, payable to City Group Realty.
VWVWV.
CHECK No. 109, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $3,000.00 dated
October 23, 2007, payable to City Group Realty.
127.
CHECK No. 108, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $7,500.00 dated
October 17, 2007, payable to City Group Realty.
XXXXX,
128.
CHECK No. 102, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $10,000.00 dated
August 21, 2007, payable to City Group Realty.
YYYYY.
129,
CHECK No. 1042, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $10,000.00 dated May
9, 2007 payable to City Group Realty.
130.
CHECK No. 1040, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $10,500.00 dated
April 24, 2007, payable to City Group Realty.
1BL
CHECK No. 1035, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
March 29, 2007, payable to City Group Realty.
BBBBBB,
132.
CHECK No. 1026, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $32,000.00 dated
January 11, 2007, payable to City Group Realty.
CCCECE.
133,
CHECK No. 1046, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated May
24, 2007, payable to Joel Baum, CPA.
DDDDDD.
134.
CHECK No, 132, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated May
6, 2008, payable to Joel Baum,
EEEEEE.
135.
E-mail from Ino Halegua to Victor Lerner dated October 18, 2008.
FEFFFF,
136.
E-mail from Louis Archambault, Esq. to Victor Lerner dated
November 3, 2004 (without attachments which have not yet been
located).
GGGGGG-
137.
Postcard from Citi Group Realty for Aqua Allison Islands property.
Page 8 of 13DEFS.
NO.
ALT.
NO.
PLS.
opi.
DATE
OFFE
RED.
MA
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ADMITT
ED
DESCRIPTION OF EXHIBIT
138.
Wachovia statement for City Realty Group International, LLC
escrow account ending in -I for period of 5/30/09 thru 6/30/09.
Han.
139,
Wachovia statement for City Realty Group International, LLC
escrow account ending in -I for period of 7/01/09 thru 7/31/09.
JUN,
140,
Wachovia statement for City Realty Group International, LLC
escrow account ending in -ii
KKKKKK.
vat.
Wachovia statement for City Realty Group International, LLC
escrow account ending in -iii
LLLLLL.
12.
U.S. Individual Income Tax Returns of Victor Lerner from
20032010 and attached schedules.
143.
U.S. Individual Income Tax Return of Dr. Ino Halegua for 20042009
and attached schedules. :
144.
U.S. Return of Partnership Income for CityGroup Realty, LLC for
2003 through 2010.
‘000000,
145,
Letter from The Barthet Firm to Richard L. DeNapoli, Chair of the
Florida Real Estate Commission re: Complaint against Victor
Lerner and Citigroup Realty, LC, dated July 22, 2011.
PPPPPP.
146,
Letter from The Batthet Firm to Brad Koshland, Bureau Chief of
Enforcement, Division of Real Estate re: Complaint against Victor
Lerner and Citigroup Realty, LC, dated September 21, 2010.
Q0QQQQ.
147,
Letter from the State of Florida Department of Business and
Professional Regulation to Victor Lerner re: FDBPR v. Victor
Lerner and Sunset Harbor Realty, Inc., FDBPR Case Nos.
2003067395 and 2003077230, dated 10/25/2005, enclosing
Administrative Complaint.
148.
State of Florida Division of Real Estate Investigative Report, dated
10/21/03.
SSSSSS-
149.
State of Florida Division of Real Estate Investigative Report, dated
09/24/03.
150.
State of Florida Division of Real Estate Investigative Report, dated
7/2705.
151.
Florida Department of State, Division of Corporations “Events”
records for City Realty Group International, LLC.
VYVVVV.
152.
Florida Department of State, Division of Corporations “Detail by
Entity Name” records for City Realty Group International, LLC.
wwwwww,.
153,
2010 Limited Liability Company Reinstatement for City Realty
Group International, LLC, filed 10/18/10.
XXXKKK.
154,
2008 Limited Liability Company Annual Report for City Realty
Group International, LLC, filed 03/13/08.
Page 9 of 13DEFS. ALT. | PLS DATE | MA ADMITY
NO. NO. | OBS. OFFE RK ED DESCRIPTION OF EXHIBIT
RED. ED
YYYYY. te Letter from Ino B. Halegua, M.D. to Patrick James Cunningham,
Chief Attorney, Florida Dept. of Business Professional Regulations
re: Case No 2010047833, dated 10/16/11.
eeurae. 156. Wachovia statement for City Realty Group International, LLC
account ending in HM, dated 1/01/08 thru 1/31/2008.
AAAABAA. 137. Settlement Statement for property located at 6101 Laguna Drive W.,
Miami Beach, FL 33139, dated 2/17/09.
BBBBBBB. 158, Settlement Statement for property located at 6101 Aqua Avenue,
Unit PH-10A, Miami, Florida 33141, dated 1/31/06.
eeccece. 139. Settlement Statement for property located at 5959 Collins Ave. #902,
Miami Beach, Florida 33140, dated 3/28/06.
PPPPDDD. 60, Settlement Statement for property located at 605 Lincoln Road, Unit
210, Miami Beach, Florida 33139, dated 8/15/05.
EEEEEEE, tel Realtor pipeline reports for 4 MGM units, One Bal Harbour, and
Zarmati purchase of 1000 S. Pointe Drive #602.
FEREEFE. 162, Contract for purchase of 7904 West Drive #817, Miami Beach,
Florida 33139.
6696606. 163. | CHB Closing Statement for 50% interest in Sunset Harbour Realty, Inc.,
Yacht Club Realty at Portofino 305.604.6000, LLC, Aventura
Turnberry Realty, LLC, Hidden Bay Realty, LLC, CitiGroup
Realty, LLC, Grand Venetian Realty, LLC, Murano Realty, LLC,
Reality Realty, and LeGran Realty- dated January 2005.
HEHARE To. E-mail from Ino Halegua, M.D. to Victor Lerner re: New biz lease
proposal Ino, dated 10/24/08.
an. te | oe Letter from Sam Herzberg regarding sale of 900 Alton Road.
SN. 106. Flyer from The Murano Social Committee for Summer Send Off|
Barbecue on Sunday, May 11 from 5:00-8:00 pm,
KIKEKEK, er Murano Social Calendar for 2007-2008 Winter/Spring Season.
ULLLLLL. a Any and all exhibits to the deposition of Oren Halegua, taken on|
January 7, 2014.
MMMMMMM, | 169. | T All documents relied upon by Harold Benjamin; CPA in
formulating his opinions.
NNNNNNN, 176. T
All documents relied upon by Raymond Zomerfeld, CPA in
formulating his opinions.
0000000.
1A.
Any and all filings, pleadings, discovery, and responses and/or
answers to discovery in this action or related actions.
PPPPPPP.
172.
Any and all Affidavits or Declarations of any party in this suit or
witness list above.
Page 10 of 13DEES.
NO.
ALT.
NO.
PLS
OB}.
DATE
OFFE,
MA
ED.
‘ADMIT
ED
DESCRIPTION OF EXHIBIT
2099009.
173,
Any and all answers to interrogatories, responses to requests for
production, responses to request for admissions, responses to
subpoenas duces tecum or deposition testimony in this matter.
RRRRRRR,
174,
Any and all documents responsive to subpoenas duces tecum
produced in this matter,
SSSSSSS.
175.
Any and all documents referenced and/or mentioned in any and all
filings, pleadings in this action or related actions.
TITTIT?.
176.
Any and all documents referenced and/or mentioned in the answers
to interrogatories, responses to request for production, responses to
request for admissions, responses to subpoena duces tecum or
deposition testimony in this matter.
177.
Any and all documents utilized as exhibits during deposition|
testimony in this matter.
vv,
178.
Any and all records or documents utilized by any person called as a
witness in this matter
WW WW WW.
179,
[Any and all reports, writing or other documents prepared by any|
lexpert of any party in this matter.
XXXXXXX,
ALI blow-ups and enlargements of any and all exhibits and any and all
\demonstrative aids in this matter.
YYYYYY,
Ii,
Curriculum Vitae of any party, expert witness or non-expert witness
llisted by any party to this action.
2272222.
Any all discovery yet to be taken in this action and the responses|
land/or answers to said discovery.
IAAAAAAAA.
i183,
|All correspondence, electronic and written, between all the parties i
[this matter.
[SBBBBBBB.
[Any and all rebuttal or impeachment exhibits as may become known
to Defendant.
(eCCCCCCC.
185.
[Any and all documents listed in Plaintiffs’ Exhibit List(s) and/or
relied upon by the Plaintiffs in this action which are otherwise
ladmissible.
[DDPDDDDD.
186,
‘Any and all documents not yet discovered and relevant to the Third
Amended Complaint.
EEEBEEEE.
87.
Any and all documents not yet discovered and relevant to the
Defendants’ Answer, Affirmative Defenses to the Third Amended
Complaint.
IPFEFFFEF.
88.
‘Any and all documents not yet discovered and relevant to Defendants’
‘ounterclaim,
IGGGAGGG,
139.
Literature, authoritative texts, graphs, charts or other documents
tilized by expert witnesses in formulating opinions or giving
testimony in this matter.
Page 11 of 13DEFS. ALT, | PLS DATE | MA ADMITT
NO. NO, | OBJ. OFFE RK ED DESCRIPTION OF EXHIBIT
RED ED.
HHECHIHLA, iso. Fr j|Any and all applicable ordinances, statutes, rules, cases, awards]
lopinions, and or findings.
Ta. jot. [Any and all demonstrative evidence necessary to any expert witness
opinion and/or necessary to the Defendants’ case.
151005, 192. All testimony, affidavits or other statements by the other parties’
experts, whether in connection with this suit, another arbitration or
lawsuit or no arbitration or lawsuit at all.
KKKKKKKK. 193. [Any and all published articles, awards, and/or fines relating to the
claims, defenses, and/or parties in this case.
fttttiee. ae Any and all documents produced by Plaintiffs/Counter-Defendant to
[Defendants/Counter-Plaintiff in this case which are otherwise
ladmissible.
MMMMMMMM, 195. [Pr [Any and all documents produced. by Defendants/Counter-Plaintiff to
Plaintiffs/Counter-Defendant in this case which are otherwise
ljadmissible.
[NNNNNNN, 96. RE Real Estate Appraisal Report regarding the property located at 605
Lincoln Road, Miami Beach, FL 33139 prepared by Appraisal Zone
\Corporation on behalf of Victor Lerner.
posoesce. yar REE [Real Estate Appraisal Report regarding the property located at 605
Lincoln Road, Miami Beach, FL 33139 prepared by Affordable
|Appraisal, Inc., on behalf of Dr. Ino Halegua.
PRePFEPR 198. IRS Form 8082 Notice of Inconsistent Treatment or Administrative]
Adjustment Request (AAR).
22029200, | 199. Wachovia account ending -283- statements for Citi Realty Group
International.
RRRRRERR, p00. Wachovia account ending -717- statements for Citigroup Realty.
SSSSSSSS_ rol. Yr Any and all documents listed in Defendants’ previously filed
Exhibit Lists in this action are hereby adopted and incorporated
herein. : .
TeUTTTTT. 202, IT Any and all documents listed in Plaintiffs’ previously filed Exhibit
Lists in this action are hereby adopted and incorporated herein.
UUUUUUUU, 203.
VVVVYVVV_ 204.
WWWWWWWW. | 205.
XXXXXXXX, 206.
YYYYYYYY. 207.
LE2Z27Z22. 208,
AAAAAAAAA, 209,
BBBBBBBBB, 210.
ecceccccce, 2nl,
DDDDDDDDD, 242.
Page 12 of 13
|
|
i
|
|
|DEFS. ALT.
NO. NO.
PLS
OBI.
DATE,
OFFE
RED.
ADMITT
ED
DESCRIPTION OF EXHIBIT
EEEEEEEEE.
FEFFFEFTE.
GGGGGGGGG,
HARA
TT
KKKKKKKKK.
LLLLLLLLL.
MMMMMMMMM
NNNNNNNKN.
‘000000000.
PPPPPPPPP.
2QQQQQQ0Q.
RRRRRRRRR-
‘SSSSSSSSS.
TETTTTTTT.
UUUUUUUUU.
VVVVVVVVY.
ww
XXXXXEXKX,
YYYYYYYYY.
TELLEEELD.
AAAAAAAAAA,
BBBBBBBBBS.
Page 13 of 13
|IN THE CIRCUIT COURT OF THE 11™
JUDICIAL CIRCUIT, IN AND FOR, MIAMI-
DADE COUNTY, FLORIDA
CASE NO.: 10-30306 CA 30
VICTOR LERNER, an individual; CITIGROUP
REALTY, LLC; and CITY REALTY GROUP
INTERNATIONAL, LLC,
Plaintiffs,
VS.
INO HALEGUA, an __ individual; ORESCO
ENTERPRISES, LLC; EXCLUSIVE ESCAPES,
LLLP; INO, LLC; and NERVIA ENTERPRISES,
LLC,
Defendants.
/
DEFENDANTS’ TRIAL EXHIBIT LIST.
PRESIDING JUDGE: PLAINTIFF'S DEFENDANT’S.
Hon. Maria de Jesus Santovenia. | ATTORNEY: © ATTORNEY: .
David H. Charlip, Esq. Matthew L, Jones, Esq.
CHARLIP LAW GROUP, | JONES & ADAMS, P.A.
LP
TRIAL DATE: COURT REPORTER: COURTROOM DEPUTY:
April 9, 2018
PLT | PLT | DEF | DEF
DESCRIPTION OF EXHIBIT w | ex |no. | Ex
Plaintiffs’ Complaint 1. A
Plaintiffs’ Amended Complaint 2. B
Plaintiffs’ Second Amended Complaint 3. Cc
Plaintiffs’ Third Amended Complaint 4. D
Defendants’ Answer, Affirmative Defenses and Counterclaim 5. E
“Binding Letter of Intent” dated January 14, 2005 (Exhibit A to 6. F
Plaintiffs’ Third Amended Complaint).
Unexecuted copy of “Exclusive Right to Lease Agreement” 7. G
(Exhibit B to Plaintiffs’ Third Amended Complaint).
MLS Listing (Exhibit C to Plaintiffs’ Third Amended 8. H
Complaint),Unexecuted copy of “Regulations and Operating Agreement of
CitiGroup Realty, LLC” (Exhibit D to Plaintiffs’ Third
Amended Complaint).
CHECK No. 7909, dated February 17, 2009, in the amount of
$22,500.00 (Exhibit E to Plaintiffs’ Third Amended
Complaint). :
10.
“Promissory Note” (Exhibit F to Plaintiffs’ Third Amended
Complaint).
11.
“Special Warranty Deed” (Exhibit G to Plaintiffs’ Third
Amended Complaint),
12.
load
Account Summary dated 10/30/09 (Exhibit H to Plaintiffs’
Third Amended Complaint).
13,
Account Summary dated 9/30/09 (Exhibit I to Plaintiffs’ Third
Amended Complaint).
14.
“Gibraltar Private Bank Internal Funds Transfer Form” (Exhibit
J to Plaintiffs’ Third Amended Complaint).
15.
oz z
2005 Closing Statement prepared by or on behalf of Victor
Lerner with respect to the sale of entities that had taken place in
November 2003.
16.
~
Letter of Intent dated November 7, 2003.
17.
Agreement (Exhibit A to Defendants’ Counterclaim).
18.
Stipulation admitting to guilt signed by Victor Lerner on
January 6, 2006.
19,
alo
Order, entered on or about October 23, 2006, Approving
Stipulation admitting to guilt signed by Victor Lerner on.
January 6, 2006.
20,
Defendants’ Response to Plaintiffs’ Second Request for
Production.
21,
Letter from Pathman Lewis, LLP to Richard M. Bales, Esq.
dated March 7, 2011, with attachments (Composite
Documents)- Exhibit 3 to Deposition of Dr. Ino Halegua on
01/25/12.
22.
Chart- Exhibit 5 to Deposition of Dr, Ino Halegua on 01/25/12.
23.
CHECK 18565 in the amount of $55,000.00 dated January 26,
2006- Exhibit 6 to Deposition of Dr. Ino Halegua on 01/25/12.
24,
xs
Letter from Jorge L. Cruz-Bustillo to Brad Koshland dated
September 21, 2010- Exhibit 7 to Deposition of Dr. Ino
Halegua on 01/25/12.
25;
CHECK No. 128, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $854.75 dated
April 28, 2008- Exhibit 8 to Deposition of Dr. Ino Halegua on
04/28/08.
26.
Checks dated May 20, 2008- Exhibit 9 to Deposition of Dr. Ino
Halegua on 01/25/12.
27.
AA
Chart- Exhibit 10 to Deposition of Dr. Ino Halegua on
01/25/12.
28,
AB
Page 2 of 11Closing Statement dated January 15, 2008- Exhibit 11 to 29. AC
Deposition of Dr. Ino Halegua on 01/25/12.
Letter from Louis P, Archambault to Ino Halegua dated 30. AD
January 14, 2005- Exhibit 12 to Deposition of Dr, Ino Halegua
on 01/25/12.
Deposit slip dated August 18, 2005- Exhibit 13 to Deposition 31. AE
of Dr. Ino Halegua on 01/25/12.
Composite Documents- Exhibit 3, Deposition of Dr. Ino 32,
Halegua on 08/10/2011.
Letter- Exhibit 4 to Deposition of Richard Do on 10/14/11. 33. AG
CHECK No. 140, dated 11/14/03 from Oresco Enterprises, 34. AH
LLC’s Merrill Lynch/ Bank One account ending in HB to
Victor Lerner in the amount of $50,000.00.
CHECK No. 141, dated 12/01/03 from Oresco Enterprises, 35. Al
LLC’s Merrill Lynch/ Bank One account ending in I to
Victor Lernet in the amount of $25,000.00.
CHECK No. 144, dated 01/19/04 from Oresco Enterprises, 36. AJ
LLC’s Merrill Lynch/ Bank One account ending in I to
Victor Lerner in the amount of $25,000.00.
CHECK No. 1007, dated 11/19/04 from Oresco Enterprises, 37. AK
LLC’s Mellon United National Bank account ending in I to
Victor Lerner in the amount of $60,000.00.
Affidavit of Richard Do- Exhibit 5 to Deposition of Richard Do 38. AL
on 10/14/11.
All documents and/or records produced by Bank of America. 39. AM
All documents and/or records produced by Great Florida Bank, 40. AN
All documents and/or records produced by Sawgrass Title & 4l. AO
Escrow, Inc.
All documents and/or records produced by Wells Fargo Bank. 42. AP.
All documents and/or records produced by Gibraltar Bank. 43. AQ
All documents and/or records produced by Scottrade Bank. 44. AR
All documents and/or records produced by Mercantile Bank. 45. AS
All documents and/or records produced by Kim Marks, CPA 46, AT
and/or Kim Marks, CPA, P.A.
Account opening documents for Reality Realty Group, LLC 47. AU
produced by Gibraltar Bank pursuant to Subpoena Duces
Tecum.
Closing Statement dated January 2005. 48. AV
Check Register reflecting $4,000 to Pathman Lewis, LLP dated 49. AS
October 20, 2003 through November 23, 2004.
Document entitled “Basic Lease Information” for 900 Alton 50. AX
Road Shopping Center, with Addendum,
Handwritten Ledger for Reality Realty, LLC. 51. AY
Articles of Organization of CitiGroup Realty, LLC. 52. AZ
Special Warranty Deed dated November 30, 2009 re transfer 53, BA
from Reality Realty Group, LLC to Soni Real Estate, LLC.
Page 3 of 11Post-Closing Agreement dated November 30, 2009. 34. BB
Bill of Sale and General Assignment of Rights dated November 55, BC
30, 2009.
Facsimile dated March 5, 2004 from the Barthett Firm to 56. BD
“Yamy”, with attachment,
Reality Realty, LLC CHECK No, 1026 in the amount of 57. BE
$32,000.00 dated January 11, 2007,
Oresco Enterprises, LLC CHECK No. 1189 in the amount of 58. BF
$12,000.00 dated February 15, 2007.
Reality Realty Group, LC CHECK No. 1040 in the amount of 59. BG
$10,500.00 dated April 24, 2007.
CHECK No. 2732, dated March 31, 2009 from Jonis 60. BH
Enterprises, LLC to Reality Realty in the amount of $5,000.
Proof of Loss submitted Florida Assurers, Inc. regarding flood 61. BI
at 906 Alton.
CHECK No. 1877 to Reality Realty, LLC in the amount of 62. BJ
$30,000.00.
E-mail from Ino Halegua to Victor Lerner dated July 7, 2009 63. BK
regarding repayment of $37,500.00 (half of $75,000.00). :
Affidavit of Ino Halegua dated September 21, 2010. 64. BL
Reality Realty, LLC CHECK No. 173 in the amount of 65. BM
$6,000.00 dated December 12, 2009.
Reality Realty, LLC CHECK No. 174 in the amount of 66. BN
$10,000.00 dated February 19, 2009.
Reality Realty, LLC CHECK No. 175 in the amount of 67. BO
$5,000.00 dated March 2, 2009.
Reality Realty, LLC CHECK. No. 135 in the amount of 68. BP
$30,000.00 to Victor Lerner dated May 20, 2008.
Reality Realty, LLC CHECK No. 108 in the amount of 69. BQ
$7,500.00 dated October 17, 2007.
Greenberg Traurig CHECK dated August 17, 2005 in the 70. BR
amount of $8,331.00 payable to City Group Realty.
CHECK No. 2019 dated February 8, 2006 in the amount of 71. BS
$37,000.00 from City Group Realty, LLC to Reality Realty,
LLC.
E-mail dated June 25, 2009 from Victor Lerner to Ino Halegua. 72. BT
E-mail dated September 22, 2009 from Victor Lerner to Ino 72. BU
Halegua,
E-mail dated June 20, 2005 from Greenberg Traurig to Ino 74. BV
Halegua.
CHECK No. 1005, dated January 5, 2009 from Vicin Holdings, 75. BW
LLC to City Realty Group Operating in the amount of $15,500.
CHECK dated March 21, 2008 in the amount of $30,000.00 76. BX
from City Realty Group International, LLC to Reality Realty
Group, LLC.
Page 4 of 11Closing Statement dated November 30, 2009 for 605 Lincoln 77. BY
Road, #215, Miami Beach, FL. (Bayview)
CHECK No. 18125 dated September 21, 2005 in the amount of 78. BZ
$83,000.00 from Reality Realty Group, LLC to Ino Halegua.
CHECK No. 155 dated October 8, 2008 in the amount of 79, CA
$3,000.00 from Reality Realty Group, LLC to City Group
Realty.
CHECK No. 147 dated July 31, 2008 in the amount of 80. CB
$5,000.00 from Reality Realty Group, LLC to City Group
Realty.
CHECK No, 159 dated October 31, 2008 in the amount of 81. cc
$8,000.00 from Reality Realty Group, LLC to City Realty
Group International, LLC.
CHECK No. 160 dated November 4, 2008 in the amount of 82. cD
$2,295,00 from Reality Realty Group, LLC to City Group
Realty.
CHECK No. 120 dated January 17, 2008 in the amount of 83. CE
$5,000.00 from Reality Realty Group, LLC to City Group
Realty.
Reality Realty, LLC CHECK dated May 2007. 84. CF
Reality Realty, LLC CHECK No. 1042 to Citigroup Realty, 85. CG
LLC in the amount of $10,000.00, dated 5/9/2007,
Closing Statement for sale of unit #902 at the Bath Club 86. CH
(March 8, 2006).
Closing Statement for sale of the Townhouse located at 6101 87. CI
Laguna Drive West, Miami Beach, FL (February 17, 2009).
Closing Statement for sale of PH #10, 6101 Aqua Ave., Miami 88. CJ
Beach, FL (January 31, 2008).
E-mail dated July 7, 2009 from Ino Halegua to Victor Lerner. 89. CK
E-mail dated November 25, 2009 from Michael 8. Tobin, Esq. 90. cL
to Victor Lerner.
E-mail dated November 16, 2009 from Benjamin E. Wilson to 91. CM
Michael S. Tobin, Esq.
Closing Statement dated November 30, 2009 for 605 Lincoln 92, CN
Rd., Miami Beach, FL.
U.S. Department of Housing Settlement Statement dated 93. co
November 30, 2009 involving VicHold LLC and Reality
Realty, LLC,
CHECK No. 139 dated May 20, 2008 in the amount of $125,00 94, CP
from Reality Realty Group, LLC to Baum & Company, P.A,
CHECK No. 132, dated May 6, 2008 from Reality Realty 95. CQ
Group, LLC to Joel Baum in the amount of $5,000.00.
CHECK No. 1048, dated May 24, 2007 from Reality Realty 96. CR
Group, LLC to Joel Baum in the amount of $5,000.00.
Citigroup Realty, LLC checks signed by Ino Halegua. 97. cs
Page 5 of 11Documents produced by Gibraltar Bank regarding account of
Reality Realty, LLC.
98.
CT
Reality Realty, LLC Check Registry.
99.
CU
Account opening documents for Vicin, LLC at Bank of
America,
100.
CV
Lease for property located at 906 Alton Road, Miami Beach,
FL between INO, LLC and MIMI TRAN dated October 6,
2009.
101.
CW
Photographs of flood at 906 Alton Road, Miami Beach, FL
regarding flood which occurred on June 5, 2009.
102.
CX
Lease for property owned by Nervia Enterprises, LLC which is
the subject of Counts II and IV of Plaintiffs’ Third Amended
Complaint.
103.
CY
Check Registry (Exhibit 2 to Deposition of Gayle Reichner).
104,
CZ
Invoice Statement No. 81254 dated January 20, 2009 and
CHECK in the amount of $10,000.00 dated January 27, 2009.
105.
DA
CHECK No. 1103 dated August 12, 2009 in the amount of
$10,000.00.
106.
DB
CHECK No. 3025 dated March 8, 2004 in the amount of
$39,600.00.
107.
DC
E-mail from Benjamin E. Wilson to Victor Lerner dated
December 10, 2009 with Promissory Note dated September 17,
2009.
108.
DD
CHECK No. 126, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $500.00 dated
April 3, 2008, payable to Captain Jay Kent.
109.
DE
CHECK No. 137, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $2,000.00 dated,
payable to Oren Halegua.
110.
DF
CHECK No. 133, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $750.00 dated
May 14, 2008, payable to L+H.
1.
DG
CHECK No. 142, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $1,000.00 dated
June 18, 2008, payable to L+H.
112.
DH
CHECK No. 136, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $28,000.00 dated
May 20, 2008, payable to Nervia Enterprises, LLC.
113.
DI
CHECK No. 135, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $30,000.00 dated
May 20, 2008, payable to Victor Lerner.
114.
DJ
CHECK No. 155, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $3,000.00 dated
October 8, 2008, payable to Citigroup Realty.
115,
DK
Page 6 of 11CHECK No. 159, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $8,000.00 dated
October 31, 2008, payable to City Realty International.
116.
DL
CHECK No. 160, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $2,295.00 dated
November 4, 2008 payable to City Group Realty.
117.
DM
CHECK No. 173, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $6,000.00 dated
February 12, 2009, payable to Reality Realty Group.
118.
DN
CHECK No. 177, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $2,500.00 dated
March 19, 2009, payable to City Group Realty.
119.
DO
CHECK No. 147, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
July 31, 2008, payable to City Group Realty.
120.
DP
CHECK No. 138, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
May 20. 2008, payable to City Group Realty.
121.
DQ
CHECK No. 120, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
January 17, 2008, payable to City Group Realty.
122.
DR
CHECK No. 116, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
December 18, 2007, payable to City Group Realty.
123.
DS
CHECK No. 113, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
November 20, 2007, payable to City Group Realty.
124,
DT
CHECK No. 112, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
November 17, 2007, payable to City Group Realty.
125.
DU
CHECK No. 109, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $3,000.00 dated
October 23, 2007, payable to City Group Realty.
126.
DV
CHECK No. 108, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $7,500.00 dated
October 17, 2007, payable to City Group Realty.
127.
DW
CHECK No. 102, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $10,000.00 dated
August 21, 2007, payable to City Group Realty.
128.
DX
CHECK No, 1042, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $10,000.00 dated
May 9, 2007 payable to City Group Realty.
129,
DY
CHECK No. 1040, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $10,500.00 dated
April 24, 2007, payable to City Group Realty.
130.
DZ
Page 7 of 11CHECK No. 1035, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
March 29, 2007, payable to City Group Realty.
131.
EA
CHECK No, 1026, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $32,000.00 dated
January 11, 2007, payable to City Group Realty.
132.
EB
CHECK No. 1046, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
May 24, 2007, payable to Joel Baum, CPA.
133.
EC
CHECK No. 132, drawn from the Reality Realty Group, LC
account at Gibraltar Private, in the amount of $5,000.00 dated
May 6, 2008, payable to Joel Baum.
134,
ED
E-mail from Ino Halegua to Victor Lerner dated October 18,
2008.
135.
EE
E-mail from Louis Archambault, Esq. to Victor Lerner dated
November 3, 2004 (without attachments which have not yet
been located).
136.
EF
Postcard from Citi Group Realty for Aqua Allison Islands
property.
137.
EG
Wachovia statement for City Realty Group International, LLC
escrow account ending in 4H for period of 5/30/09 thru
6/30/09.
138.
EH
Wachovia statement for City Realty Group International, LLC
escrow account ending in -I for period of 7/01/09 thru
7/31/09.
139.
EL
Wachovia statement for City Realty Group Intemational, LLC
escrow acc
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Filing # 70310716 E-Filed 04/05/2018 03:42:55 PM IN THE 11" JUDICIAL CIRCUIT COURT IN AND FOR MIAMI DADE COUNTY, FLORIDA CASE NO. 2010-30306-CA-01 (30) VICTOR LERNER, an. individual, CITIGROUP REALTY, LLC, and CITY REALTY GROUP INTERNATIONAL LLC, Florida limited liability companies, Plaintiffs, VS. INO HALEGUA, an individual, ORESCO ENTERPRISES, LLC; EXCLUSIVE ESCAPES, LLP, INC.; and NERVIA ENTERPRISES, LLC, Florida limited liability companies, Defendants. / JOINT PRE-TRIAL STATEMENT Plaintiffs, VICTOR LERNER, an individual, CITIGROUP REALTY, LLC, and CITY REALTY GROUP INTERNATIONAL LLC, Florida limited liability companies, along with Defendants, INO HALEGUA, an individual, ORESCO ENTERPRISES, LLC.; EXCLUSIVE ESCAPES, LLP, INC.; and NERVIA ENTERPRISES, LLC, Florida limited liability companies, hereby file their Joint Pre-Trial Statement pursuant to this Court’s Order following Pre-Trial Conference/Calendar Call dated March 19, 2018 and state as follows: (a) Plaintiffs’ counsel met with Defendants’ counsel to review exhibits to be introduced at trial and witnesses to be called on Wednesday, April 4, 2018. (b) The names of each attorney serving as trial counsel are as follows: For the Plaintiffs: David H. Charlip, B.C.S. Charlip Law Group, LC 11900 Biscayne Blvd., Suite 200North Miami, FL 33181 Tel: (305) 354-9313 Fax: (305) 354-9314 Email: dcharlip@charliplawgroup.com assistant@charliplawgroup.com For the Defendants: Matthew L. Jones, Esq. Jones & Adams, P.A. 999 Ponce De Leon Boulevard Suite 925 Coral Gables, Florida 33134 Telephone: (305) 270-8858 Facsimile: (305) 270-6778 E-mail:matthew@jones-adams.com (c) Description of the case to be read to the jury: This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged by the state prosecutor with committing a crime. The subject of a civil trial is a disagreement between people or companies [or others, as appropriate], where the claims of one or more of these parties have been brought to court to be resolved. It is called “a trial of a lawsuit.” . This case involves a partnership dispute between the Plaintiffs and the Defendants. The dispute involves monies claimed between the Plaintiffs’ and Defendants’ concerning real estate businesses in existence over the course of the Parties’ partnership. ‘The first Plaintiff in this case is Victor Lerner, who I will refer as “Mr. Lerner”. The second Plaintiff in this case is Citigroup Realty, LLC. The third Plaintiff is City Realty Group International, LLC. Sometimes I will refer to all three as the Plaintiffs. There are five defendants in this case. The first Defendant is Ino Halegua, who I will refer to as “Mr. Halegua.” The second Defendant is Oresco Enterprises, LLC. The third Defendant is Exclusive Escapes, LLLP. The fourth Defendant is Ino, LLC. The fifth Defendant is Nervia Enterprises, LLC, Sometimes I will refer to all five as the “Defendants.” The Defendants also have claims in this case, which are called counterclaims, and will be tried together with the claims brought by the Plaintiffs. This case was commenced by the Plaintiffs, who sued the Defendants for breach of oral and written contract, unjust enrichment, breach of a Promissory Note and Guaranty, and fraudulent transfer. In addition, the Defendants’ counterclaims against the Plaintiffs are for money lent, and breach of oral and written contract.(bh) Proposed jury instructions and verdict form: Jury Instructions: Joint Jury Instructions are attached hereto as Exhibit “B”. Verdict Forms: Joint Verdict Form is attached hereto as Exhibit “C”, Respectfully submitted on this _ day of April, 2018. CHARLIP LAW GROUP, LC 11900 Biscayne Blvd., Suite’200 North Miami, FL 33181 Tel: (305) 354-9313 Fax: (305) 354-9314 Email: dcharlip@charliplawgroup.com assistant@charliplawgroup.com /s/ David H, Charlip., B.C.S David H. Charlip., B.C.S. FL Bar Number: 329932 JONES & ADAMS, P.A. 999 Ponce De Leon Boulevard Suite 925 Coral Gables, Florida 33134 Telephone; (305) 270-8858 Facsimile: (305) 270-6778 E-mail:matthew@jones-adams.com s.rothenberg@jones-adams.com /s/ Matthew L. Jones, Esq. Matthew L. Jones, Esq. FL Bar Number: 909335EXHIBIT “A”IN THE CIRCUIT COURT OF THE 117 JUDICIAL CIRCUIT, IN AND FOR, MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 10-30306 CA 30 VICTOR LERNER, = an individual; CITIGROUP REALTY, LLC; and CITY REALTY GROUP INTERNATIONAL, LLC, : Plaintiffs, vs. INO HALEGUA, an individual; ORESCO ENTERPRISES, LLC; EXCLUSIVE ESCAPES, LLLP; INO, LLC; and NERVIA ENTERPRISES, LLC, Defendants, / DEFENDANTS? TRIAL EXHIBIT LIST PRESIDING JUDGE: PLAINTIFF’S ATTORNEY: | DEFENDANT’S ATTORNEY: Hon. Maria de Jesus Santovenia David H. Charlip, Esq. Matthew L. Jones, Esq. CHARLIP LAW GROUP, LP | JONES & ADAMS, P.A. TRIAL DATE: COURT REPORTER: COURTROOM DEPUTY: April 9; 2018 ALT] PLS DATE | MA| ADMITT DEFS NO, NO. OBS OFFE RK ED DESCRIPTION OF EXHIBIT RED ED “ an a Plaintiffs’ Complaint CODE OBJECTION i Incomplete; the introduction of any remaining portions ought, in fairness, to be considered contemporancously (Fla. R. Evid. 90.408) R Relevance (Fla, R, Evid. 90.402) P Misleading; undue prejudice; confusion of issues; waste of time (Fla. R. Evid. 90.403) F Personal Knowledge; lack of foundation (Fla. R. Evid. 90.604) L lay opinion or legal conclusion; the exhibit contains an impermissible opinion by a lay witness that is not reasonably based on perception or helpful to a clear understanding of the withess’ testimony or to the determination of a fact in dispute (Fla. R, Evid. 90.702) H Hearsay, the exhibit is a statement made by one other than the witness while testifying at trial, offered into evidence to prove the truth of the matter asserted, and not subject to any hearsay exception (Fla. R, Fvid, 90,801 and 90,802) A Authentication; exhibit has not been properly authenticated (Fla. R. Evid, 90.901) 8 Best evidence; the exhibit is objectionable because itis vague and ambiguous as to whether the witness Is summarizing his or her own independent understanding of the contents of the document (Fla. R, Evid. 90.952} E Exhibit is objectionable because it constitutes attempted expert testimony from a person who was not designated as an expert (Fla, R. Civ, P. 1,280) u Untimely; exhibit not provided during the discovery process 0 Conditional objection; Plaintiffs reserve the right to object to this exhibit at trial depending on the purpose for which Defendants seek to introduce it, T Exhibit description violates trial orderDEFS, NO. ALT. NO, PLS, OBI, DATE OFFE. RED. MA ‘ADMITT, DESCRIPTION OF EXHIBIT RF, Plaintiffs’ Amended Complaint RF, H Plaintiffs’ Second Amended Complaint RE, Plaintiffs’ Third Amended Complaint Defendants’ Answer, Affirmative Defenses and Counterclaim “Binding Letter of Intent” dated January 14, 2005 (Exhibit A to Plaintiffs’ Third Amended Complaint). Unexecuted copy of “Exclusive Right to Lease Agreement” (Exhibit B to Plaintiffs’ Third Amended Complaint). MLS Listing (Exhibit C to Plaintiffs’ Third Amended Complaint). Unexecuted copy of “Regulations and Operating Agreement of CitiGroup Realty, LLC” (Exhibit D to Plaintiffs’ Third Amended Complaint). CHECK No. 7909, dated February 17, 2009, in the amount off $22,500.00 (Exhibit E to Plaintiffs’ Third Amended Complaint). “Promissory Note” (Exhibit F to Plaintiffs’ Third Amended Complaint). “Special Warranty Deed” (Exhibit G to Plaintiffs’ Third Amended Complaint). Account Summary dated 10/30/09 (Exhibit H to Plaintiffs’ Third Amended Complaint). Account Summary dated 9/30/09 (Exhibit I to Plaintiffs’ Third Amended Complaint). “Gibraltar Private Bank Internal Funds Transfer Form” (Exhibit J to Plaintiffs’ Third Amended Complaint). 2005 Closing Statement prepared by or on behalf of Victor Lerner with respect to the sale of entities that had taken place in November 2003. Letter of Intent dated November 7, 2003. CHIT Agreement (Exhibit A to Defendants’ Counterclaim). RP, Stipulation admitting to guilt signed by Victor Lerner on January 6, 2006. 20. Pe ams Order, entered on or about October 23, 2006, Approving Stipulation admitting to guilt signed by Victor Lerner on January 6, 2006. ai. mp mre Defendants’ Response to Plaintiffs’ Second Request for Production. 2, Letter from Pathman Lewis, LLP to Richard M. Bales, Esq, dated March 7, 2011, with attachments (Composite Documents)- Exhibit 3 to Deposition of Dr. Ino Halegua on 01/25/12. 2, Chart- Exhibit 5 to Deposition of Dr. Ino Halegua on 01/25/12. Page 2 of 13DEFS. NO. ALT. NO. PLS. OBS. DATE OFFE MA ADMITT ED DESCRIPTION OF EXHIBIT CHECK 18565 in the amount of $55,000.00 dated January 26, 2006- Exhibit 6 to Deposition of Dr. Ino Halegua on 01/25/12. 25, Letter from Jorge L. Cruz-Bustillo to Brad Koshland dated September 21, 2010- Exhibit 7 to Deposition of Dr. Ino Halegua on 01/25/12. 26. CHECK No. 128, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $854.75 dated April 28, 2008- Exhibit 8 to Deposition of Dr. Ino Halegua on 04/28/08. 27. Checks dated May 20, 2008- Exhibit 9 to Deposition of Dr. Ino] Halegua on 01/25/12. BB. 28, Chart- Exhibit 10 to Deposition of Dr. Ino Halegua on 01/25/12. ce. 29, Closing Statement dated January 15, 2008- Exhibit 11 to Deposition of Dr. Ino Halegua on 01/25/12. DD. 30. Letter from Louis P. Archambault to Ino Halegua dated January 14, 2005- Exhibit 12 to Deposition of Dr. Ino Halegua on 01/25/12. 31. Deposit slip dated August 18, 2005- Exhibit 13 to Deposition of Dr. Ino Halegua on 01/25/12. FF, 32, Composite Documents- Exhibit 3, Deposition of Dr, Ino Halegua on 08/10/2011. GG. 33. Letter- Exhibit 4 to Deposition of Richard Do on 10/14/11. 34. CHECK No. 140, dated 11/14/03 from Oresco Enterprises, LLC’s Merrill Lynch/ Bank One account ending in IB to Victor Lerner in the amount of $50,000.00. 35. CHECK No. 141, dated 12/01/03 from Oresco Enterprises, LLC’s Merrill Lynch/ Bank One account ending in Hl to Victor Lerner in the amount of $25,000.00. U 36. CHECK No. 144, dated 01/19/04 from Oresco Enterprises, LLC’s Merrill Lynch/ Bank One account ending in Il to Victor Lerner in the amount of $25,000.00. 37. CHECK No. 1007, dated 11/19/04 from Oresco Enterprises, LLC’s Mellon United National Bank account ending in I to Victor Lerner in the amount of $60,000.00. LL 38. Affidavit of Richard Do- Exhibit 5 to Deposition of Richard Do on 10/14/11. 38, All documents and/or records produced by Bank of America. NN. 40, All documents and/or records produced by Great Florida Bank. 00. a. All documents and/or records produced by Sawgrass Title & Escrow, Inc. PP. a2, All documents and/or records produced by Wells Fargo Bank. 43, All documents and/or records produced by Gibraltar Bank. Page 3 of 13 . |DEFS. NO. ‘ALT. NO. PLS. OB], DATE OBFE ADMITT ED DESCRIPTION OF EXHIBIT aa. All documents and/or records produced by Scottrade Bank. SS. 45. All documents and/or records produced by Mercantile Bank. TT, All documents and/or records produced by Kim Marks, CPA and/or Kim Marks, CPA, P.A. a7. Account opening documents for Reality Realty Group, LLC produced by Gibraltar Bank pursuant to Subpoena Duces Tecum. WW. rr Closing Statement dated January 2005, 49. Check Register reflecting $4,000 to Pathman Lewis, LLP dated October 20, 2003 through November 23, 2004. 50, Document entitled “Basic Lease Information” for 900 Alton Road| Shopping Center, with Addendum. YY. si, Handwritten Ledger for Reality Realty, LLC. Zi. 32. Articles of Organization of CitiGroup Realty, LLC. AAA. 33, Special Warranty Deed dated November 30, 2009 re transfer from Reality Realty Group, LLC to Soni Real Estate, LLC. BBB. 34 Post-Closing Agreement dated November 30, 2009. CCE. 35. Bill of Sale and General Assignment of Rights dated November 30, 2009. ppb. 36. Facsimile dated March 5, 2004 from the Barthett Firm to “Yamy”, with attachment. EEE. 7. Reality Realty, LLC CHECK No, 1026 in the amount of $32,000.00 dated January 11, 2007. FEF. 58, Oresco Enterprises, LLC CHECK No. 1189 in the amount of $12,000.00 dated February 15, 2007. GGG. 3 Reality Realty Group, LC CHECK No. 1040 in the amount o: $10,500.00 dated April 24, 2007. HAR, CHECK No. 2732, dated March 31, 2009 from Jonis Enterprises, LLC to Reality Realty in the amount of $5,000. Mi. 61, Proof of Loss submitted Florida Assurers, Inc. regarding flood at 906 Alton. ID. 02. CHECK No. 1877 to Reality Realty, LLC in the amount of $30,000.00. KKK. 63. E-mail from Ino Halegua to Victor Lerner dated July 7, 2009 regarding repayment of $37,500.00 (half of $75,000.00). LLL. 6A. Affidavit of Ino Halegua dated September 21, 2010. 65. Reality Realty, LLC CHECK No. 173 in the amount of $6,000.00 dated December 12, 2009. NNN, Reality Realty, LLC CHECK No. 174 in the amount of $10,000.00 dated February 19, 2009. Page 4 of 13DEES. NO. ALT. NO. PLS OB). DATE OFFE, RK ED ADMITT ED DESCRIPTION OF EXHIBIT 67. Reality Realty, LLC CHECK No. 175 in the amount of $5,000.00 dated March 2, 2009. PPP. 68, Reality Realty, LLC CHECK No. 135 in the amount of $30,000.00 to Victor Lerner dated May 20, 2008. QQ. 69. Reality Realty, LLC CHECK No. 108 in the amount of $7,500.00 dated October 17, 2007. 70. Greenberg Traurig CHECK dated August 17, 2005 in the amount of $8,331.00 payable to City Group Realty. 88S. . CHECK No. 2019 dated February 8, 2006 in the amount of| $37,000.00 from City Group Realty, LLC to Reality Realty, LLC. TTT. E-mail dated June 25, 2009 from Victor Lerner to Ino Halegua. B. E-mail dated September 22, 2009 from Victor Lerner to Ino Halegua. vw, 74, E-mail dated June 20, 2005 from Greenberg Traurig to Ino Halegua. www, 5. CHECK No. 1005, dated January 5, 2009 from Vicin Holdings, LLC to City Realty Group Operating in the amount of $15,500. 76. CHECK dated March 21, 2008 in the amount of $30,000.00 from. City Realty Group International, LLC to Reality Realty Group, LLC. 7. Closing Statement dated November 30, 2009 for 605 Lincoln Road, #215, Miami Beach, FL. (Bayview) 78, CHECK No. 18125 dated September 21, 2005 in the amount off $83,000.00 from Reality Realty Group, LLC to Ino Halegua. ‘AAAA. 7. CHECK No, 155 dated October 8, 2008 in the amount of $3,000.00 from Reality Realty Group, LLC to City Group Realty. BBBB. 80, CHECK No. 147 dated July 31, 2008 in the amount of $5,000.00 from Reality Realty Group, LLC to City Group Realty. cece, ai. CHECK. No. 159 dated October 31, 2008 in the amount of $8,000.00 from Reality Realty Group, LLC to City Realty Group International, LLC. DDDD. 82. CHECK No. 160 dated November 4, 2008 in the amount of| $2,295.00 from Reality Realty Group, LLC to City Group Realty. EEE, CHECK No. 120 dated January 17, 2008 in the amount of $5,000.00 from Reality Realty Group, LLC to City Group Realty. FFFF. 84, Reality Realty, LLC CHECK dated May 2007. 85. Reality Realty, LLC CHECK to Citigroup Realty, LLC in the amount of $10,000.00. HAH. Closing Statement for sale of unit #902 at the Bath Club (March 8, 2006). Page 5 of 13\ DEFS. ‘NO, ALT. NO. PLS OBI. DATE OFFE RED MA ED ADMITT ED DESCRIPTION OF EXHIBIT an. a7. Closing Statement for sale of the Townhouse located at 6101 Laguna Drive West, Miami Beach, FL (February 17, 2009). WH. 88. Closing Statement for sale of PH #10, 6101 Aqua Ave., Miami Beach, FL JJanuary 31, 2008). KKKK, 89. E-mail dated July 7, 2009 from Ino Halegua to Victor Lerner. LLL, E-mail dated November 25, 2009 from Michael S. Tobin, Esq. tol Victor Lerner. 91. E-mail dated November 16, 2009 from Benjamin E, Wilson tol Michael S. Tobin, Esq. NNNN. 92, Closing Statement dated November 30, 2009 for 605 Lincoln Rd., Miami Beach, FL. ‘0000. 93. U.S. Department of Housing Settlement Statement dated November 30, 2009 involving VicHold LLC and Reality Realty, LLC. PPPP. 94, CHECK No. 139 dated May 20, 2008 in the amount of $125.00 from Reality Realty Group, LLC to Baum & Company, P.A, QQQQ. 95, CHECK No. 132, dated May 6, 2008 from Reality Realty Group, LLC to Joel Baum in the amount of $5,000.00. RRRR. 96. CHECK No. 1048, dated May 24, 2007 from Reality Realty Group, LLC to Joel Baum in the amount of $5,000.00. SS88. 97, Citigroup Realty, LLC checks signed by Ino Halegua. TTT. 98. Documents produced by Gibraltar Bank regarding account of Reality Realty, LLC, 99. Reality Realty, LLC Check Registry. VV. 100. Account opening documents for Vicin, LLC at Bank of America. www, 101. Lease for property located at 906 Alton Road, Miami Beach, FL between INO, LLC and MIMI TRAN dated October 6, 2009. XXXX, 102. Photographs of flood at 906 Alton Road, Miami Beach, FL regarding flood which occurred on June 5, 2009. 103. Lease for property owned by Nervia Enterprises, LLC which is the subject of Counts II and IV of Plaintiffs’ Third Amended Complaint. ZLLL. Check Registry (Exhibit 2 to Deposition of Gayle Reichner). AAAAA. 105. Invoice Statement No. 81254 dated January 20, 2009 and CHECK in the amount of $10,000.00 dated January 27, 2009. BBBBB. 106, CHECK No. 1103 dated August 12, 2009 in the amount of $10,000.00. CeCe. 107. CHECK No. 3025 dated March 8, 2004 in the amount of $39,600.00. DDDDD, 108. E-mail from Benjamin E. Wilson to Victor Lerner dated December 10, 2009 with Promissory Note dated September 17, 2009. Page 6 of 13DEFS. NO. ALT. NO. PLS OBJ. DATE OFFE RED ADMITT, ED DESCRIPTION OF EXHIBIT EEBEE, 109, CHECK No. 126, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $500.00 dated April 3, 2008, payable to Captain Jay Kent. FEFEF. 110, CHECK No. 137, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $2,000.00 dated, payable to Oren Halegua. GGGGG. CHECK No. 133, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $750.00 dated May 14, 2008, payable to L+H. HANH. 112. CHECK No. 142, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $1,000.00 dated June 18, 2008, payable to L+H. ‘HHL. 113. CHECK No. 136, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $28,000.00 dated May 20, 2008, payable to Nervia Enterprises, LLC. TU. 14. CHECK No. 135, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $30,000.00 dated May 20, 2008, payable to Victor Lerner. KKKKK. 15. CHECK No. 155, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $3,000.00 dated October 8, 2008, payable to Citigroup Realty. TLLLL. n6. CHECK No. 159, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $8,000.00 dated October 31, 2008, payable to City Realty International. 7. CHECK. No. 160, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $2,295.00 dated November 4, 2008 payable to City Group Realty. NNNNN_ 1E8, CHECK No. 173, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $6,000.00 dated February 12, 2009, payable to Reality Realty Group. 00000. 119. CHECK No. 177, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $2,500.00 dated March 19, 2009, payable to City Group Realty. , PPPPP, 120. CHECK No. 147, drawn: from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated July 31, 2008, payable to City Group Realty. 2QQQQ. ia. CHECK No. 138, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00, dated May 20. 2008, payable to City Group Realty. RRRRR, 122. CHECK No. 120, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated January 17, 2008, payable to City Group Realty. Page 7 of 13DEES. NO. ALT, NO. PLS OBI, DATE OFFE RED ADMITT ED DESCRIPTION OF EXHIBIT SSSSS. 123. CHECK No. 116, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated December 18, 2007, payable to City Group Realty. 124. CHECK No. 113, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated November 20, 2007, payable to City Group Realty. UUUUU. 128. CHECK No. 112, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated November 17, 2007, payable to City Group Realty. VWVWV. CHECK No. 109, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $3,000.00 dated October 23, 2007, payable to City Group Realty. 127. CHECK No. 108, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $7,500.00 dated October 17, 2007, payable to City Group Realty. XXXXX, 128. CHECK No. 102, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $10,000.00 dated August 21, 2007, payable to City Group Realty. YYYYY. 129, CHECK No. 1042, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $10,000.00 dated May 9, 2007 payable to City Group Realty. 130. CHECK No. 1040, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $10,500.00 dated April 24, 2007, payable to City Group Realty. 1BL CHECK No. 1035, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated March 29, 2007, payable to City Group Realty. BBBBBB, 132. CHECK No. 1026, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $32,000.00 dated January 11, 2007, payable to City Group Realty. CCCECE. 133, CHECK No. 1046, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated May 24, 2007, payable to Joel Baum, CPA. DDDDDD. 134. CHECK No, 132, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated May 6, 2008, payable to Joel Baum, EEEEEE. 135. E-mail from Ino Halegua to Victor Lerner dated October 18, 2008. FEFFFF, 136. E-mail from Louis Archambault, Esq. to Victor Lerner dated November 3, 2004 (without attachments which have not yet been located). GGGGGG- 137. Postcard from Citi Group Realty for Aqua Allison Islands property. Page 8 of 13DEFS. NO. ALT. NO. PLS. opi. DATE OFFE RED. MA ED ADMITT ED DESCRIPTION OF EXHIBIT 138. Wachovia statement for City Realty Group International, LLC escrow account ending in -I for period of 5/30/09 thru 6/30/09. Han. 139, Wachovia statement for City Realty Group International, LLC escrow account ending in -I for period of 7/01/09 thru 7/31/09. JUN, 140, Wachovia statement for City Realty Group International, LLC escrow account ending in -ii KKKKKK. vat. Wachovia statement for City Realty Group International, LLC escrow account ending in -iii LLLLLL. 12. U.S. Individual Income Tax Returns of Victor Lerner from 20032010 and attached schedules. 143. U.S. Individual Income Tax Return of Dr. Ino Halegua for 20042009 and attached schedules. : 144. U.S. Return of Partnership Income for CityGroup Realty, LLC for 2003 through 2010. ‘000000, 145, Letter from The Barthet Firm to Richard L. DeNapoli, Chair of the Florida Real Estate Commission re: Complaint against Victor Lerner and Citigroup Realty, LC, dated July 22, 2011. PPPPPP. 146, Letter from The Batthet Firm to Brad Koshland, Bureau Chief of Enforcement, Division of Real Estate re: Complaint against Victor Lerner and Citigroup Realty, LC, dated September 21, 2010. Q0QQQQ. 147, Letter from the State of Florida Department of Business and Professional Regulation to Victor Lerner re: FDBPR v. Victor Lerner and Sunset Harbor Realty, Inc., FDBPR Case Nos. 2003067395 and 2003077230, dated 10/25/2005, enclosing Administrative Complaint. 148. State of Florida Division of Real Estate Investigative Report, dated 10/21/03. SSSSSS- 149. State of Florida Division of Real Estate Investigative Report, dated 09/24/03. 150. State of Florida Division of Real Estate Investigative Report, dated 7/2705. 151. Florida Department of State, Division of Corporations “Events” records for City Realty Group International, LLC. VYVVVV. 152. Florida Department of State, Division of Corporations “Detail by Entity Name” records for City Realty Group International, LLC. wwwwww,. 153, 2010 Limited Liability Company Reinstatement for City Realty Group International, LLC, filed 10/18/10. XXXKKK. 154, 2008 Limited Liability Company Annual Report for City Realty Group International, LLC, filed 03/13/08. Page 9 of 13DEFS. ALT. | PLS DATE | MA ADMITY NO. NO. | OBS. OFFE RK ED DESCRIPTION OF EXHIBIT RED. ED YYYYY. te Letter from Ino B. Halegua, M.D. to Patrick James Cunningham, Chief Attorney, Florida Dept. of Business Professional Regulations re: Case No 2010047833, dated 10/16/11. eeurae. 156. Wachovia statement for City Realty Group International, LLC account ending in HM, dated 1/01/08 thru 1/31/2008. AAAABAA. 137. Settlement Statement for property located at 6101 Laguna Drive W., Miami Beach, FL 33139, dated 2/17/09. BBBBBBB. 158, Settlement Statement for property located at 6101 Aqua Avenue, Unit PH-10A, Miami, Florida 33141, dated 1/31/06. eeccece. 139. Settlement Statement for property located at 5959 Collins Ave. #902, Miami Beach, Florida 33140, dated 3/28/06. PPPPDDD. 60, Settlement Statement for property located at 605 Lincoln Road, Unit 210, Miami Beach, Florida 33139, dated 8/15/05. EEEEEEE, tel Realtor pipeline reports for 4 MGM units, One Bal Harbour, and Zarmati purchase of 1000 S. Pointe Drive #602. FEREEFE. 162, Contract for purchase of 7904 West Drive #817, Miami Beach, Florida 33139. 6696606. 163. | CHB Closing Statement for 50% interest in Sunset Harbour Realty, Inc., Yacht Club Realty at Portofino 305.604.6000, LLC, Aventura Turnberry Realty, LLC, Hidden Bay Realty, LLC, CitiGroup Realty, LLC, Grand Venetian Realty, LLC, Murano Realty, LLC, Reality Realty, and LeGran Realty- dated January 2005. HEHARE To. E-mail from Ino Halegua, M.D. to Victor Lerner re: New biz lease proposal Ino, dated 10/24/08. an. te | oe Letter from Sam Herzberg regarding sale of 900 Alton Road. SN. 106. Flyer from The Murano Social Committee for Summer Send Off| Barbecue on Sunday, May 11 from 5:00-8:00 pm, KIKEKEK, er Murano Social Calendar for 2007-2008 Winter/Spring Season. ULLLLLL. a Any and all exhibits to the deposition of Oren Halegua, taken on| January 7, 2014. MMMMMMM, | 169. | T All documents relied upon by Harold Benjamin; CPA in formulating his opinions. NNNNNNN, 176. T All documents relied upon by Raymond Zomerfeld, CPA in formulating his opinions. 0000000. 1A. Any and all filings, pleadings, discovery, and responses and/or answers to discovery in this action or related actions. PPPPPPP. 172. Any and all Affidavits or Declarations of any party in this suit or witness list above. Page 10 of 13DEES. NO. ALT. NO. PLS OB}. DATE OFFE, MA ED. ‘ADMIT ED DESCRIPTION OF EXHIBIT 2099009. 173, Any and all answers to interrogatories, responses to requests for production, responses to request for admissions, responses to subpoenas duces tecum or deposition testimony in this matter. RRRRRRR, 174, Any and all documents responsive to subpoenas duces tecum produced in this matter, SSSSSSS. 175. Any and all documents referenced and/or mentioned in any and all filings, pleadings in this action or related actions. TITTIT?. 176. Any and all documents referenced and/or mentioned in the answers to interrogatories, responses to request for production, responses to request for admissions, responses to subpoena duces tecum or deposition testimony in this matter. 177. Any and all documents utilized as exhibits during deposition| testimony in this matter. vv, 178. Any and all records or documents utilized by any person called as a witness in this matter WW WW WW. 179, [Any and all reports, writing or other documents prepared by any| lexpert of any party in this matter. XXXXXXX, ALI blow-ups and enlargements of any and all exhibits and any and all \demonstrative aids in this matter. YYYYYY, Ii, Curriculum Vitae of any party, expert witness or non-expert witness llisted by any party to this action. 2272222. Any all discovery yet to be taken in this action and the responses| land/or answers to said discovery. IAAAAAAAA. i183, |All correspondence, electronic and written, between all the parties i [this matter. [SBBBBBBB. [Any and all rebuttal or impeachment exhibits as may become known to Defendant. (eCCCCCCC. 185. [Any and all documents listed in Plaintiffs’ Exhibit List(s) and/or relied upon by the Plaintiffs in this action which are otherwise ladmissible. [DDPDDDDD. 186, ‘Any and all documents not yet discovered and relevant to the Third Amended Complaint. EEEBEEEE. 87. Any and all documents not yet discovered and relevant to the Defendants’ Answer, Affirmative Defenses to the Third Amended Complaint. IPFEFFFEF. 88. ‘Any and all documents not yet discovered and relevant to Defendants’ ‘ounterclaim, IGGGAGGG, 139. Literature, authoritative texts, graphs, charts or other documents tilized by expert witnesses in formulating opinions or giving testimony in this matter. Page 11 of 13DEFS. ALT, | PLS DATE | MA ADMITT NO. NO, | OBJ. OFFE RK ED DESCRIPTION OF EXHIBIT RED ED. HHECHIHLA, iso. Fr j|Any and all applicable ordinances, statutes, rules, cases, awards] lopinions, and or findings. Ta. jot. [Any and all demonstrative evidence necessary to any expert witness opinion and/or necessary to the Defendants’ case. 151005, 192. All testimony, affidavits or other statements by the other parties’ experts, whether in connection with this suit, another arbitration or lawsuit or no arbitration or lawsuit at all. KKKKKKKK. 193. [Any and all published articles, awards, and/or fines relating to the claims, defenses, and/or parties in this case. fttttiee. ae Any and all documents produced by Plaintiffs/Counter-Defendant to [Defendants/Counter-Plaintiff in this case which are otherwise ladmissible. MMMMMMMM, 195. [Pr [Any and all documents produced. by Defendants/Counter-Plaintiff to Plaintiffs/Counter-Defendant in this case which are otherwise ljadmissible. [NNNNNNN, 96. RE Real Estate Appraisal Report regarding the property located at 605 Lincoln Road, Miami Beach, FL 33139 prepared by Appraisal Zone \Corporation on behalf of Victor Lerner. posoesce. yar REE [Real Estate Appraisal Report regarding the property located at 605 Lincoln Road, Miami Beach, FL 33139 prepared by Affordable |Appraisal, Inc., on behalf of Dr. Ino Halegua. PRePFEPR 198. IRS Form 8082 Notice of Inconsistent Treatment or Administrative] Adjustment Request (AAR). 22029200, | 199. Wachovia account ending -283- statements for Citi Realty Group International. RRRRRERR, p00. Wachovia account ending -717- statements for Citigroup Realty. SSSSSSSS_ rol. Yr Any and all documents listed in Defendants’ previously filed Exhibit Lists in this action are hereby adopted and incorporated herein. : . TeUTTTTT. 202, IT Any and all documents listed in Plaintiffs’ previously filed Exhibit Lists in this action are hereby adopted and incorporated herein. UUUUUUUU, 203. VVVVYVVV_ 204. WWWWWWWW. | 205. XXXXXXXX, 206. YYYYYYYY. 207. LE2Z27Z22. 208, AAAAAAAAA, 209, BBBBBBBBB, 210. ecceccccce, 2nl, DDDDDDDDD, 242. Page 12 of 13 | | i | | |DEFS. ALT. NO. NO. PLS OBI. DATE, OFFE RED. ADMITT ED DESCRIPTION OF EXHIBIT EEEEEEEEE. FEFFFEFTE. GGGGGGGGG, HARA TT KKKKKKKKK. LLLLLLLLL. MMMMMMMMM NNNNNNNKN. ‘000000000. PPPPPPPPP. 2QQQQQQ0Q. RRRRRRRRR- ‘SSSSSSSSS. TETTTTTTT. UUUUUUUUU. VVVVVVVVY. ww XXXXXEXKX, YYYYYYYYY. TELLEEELD. AAAAAAAAAA, BBBBBBBBBS. Page 13 of 13 |IN THE CIRCUIT COURT OF THE 11™ JUDICIAL CIRCUIT, IN AND FOR, MIAMI- DADE COUNTY, FLORIDA CASE NO.: 10-30306 CA 30 VICTOR LERNER, an individual; CITIGROUP REALTY, LLC; and CITY REALTY GROUP INTERNATIONAL, LLC, Plaintiffs, VS. INO HALEGUA, an __ individual; ORESCO ENTERPRISES, LLC; EXCLUSIVE ESCAPES, LLLP; INO, LLC; and NERVIA ENTERPRISES, LLC, Defendants. / DEFENDANTS’ TRIAL EXHIBIT LIST. PRESIDING JUDGE: PLAINTIFF'S DEFENDANT’S. Hon. Maria de Jesus Santovenia. | ATTORNEY: © ATTORNEY: . David H. Charlip, Esq. Matthew L, Jones, Esq. CHARLIP LAW GROUP, | JONES & ADAMS, P.A. LP TRIAL DATE: COURT REPORTER: COURTROOM DEPUTY: April 9, 2018 PLT | PLT | DEF | DEF DESCRIPTION OF EXHIBIT w | ex |no. | Ex Plaintiffs’ Complaint 1. A Plaintiffs’ Amended Complaint 2. B Plaintiffs’ Second Amended Complaint 3. Cc Plaintiffs’ Third Amended Complaint 4. D Defendants’ Answer, Affirmative Defenses and Counterclaim 5. E “Binding Letter of Intent” dated January 14, 2005 (Exhibit A to 6. F Plaintiffs’ Third Amended Complaint). Unexecuted copy of “Exclusive Right to Lease Agreement” 7. G (Exhibit B to Plaintiffs’ Third Amended Complaint). MLS Listing (Exhibit C to Plaintiffs’ Third Amended 8. H Complaint),Unexecuted copy of “Regulations and Operating Agreement of CitiGroup Realty, LLC” (Exhibit D to Plaintiffs’ Third Amended Complaint). CHECK No. 7909, dated February 17, 2009, in the amount of $22,500.00 (Exhibit E to Plaintiffs’ Third Amended Complaint). : 10. “Promissory Note” (Exhibit F to Plaintiffs’ Third Amended Complaint). 11. “Special Warranty Deed” (Exhibit G to Plaintiffs’ Third Amended Complaint), 12. load Account Summary dated 10/30/09 (Exhibit H to Plaintiffs’ Third Amended Complaint). 13, Account Summary dated 9/30/09 (Exhibit I to Plaintiffs’ Third Amended Complaint). 14. “Gibraltar Private Bank Internal Funds Transfer Form” (Exhibit J to Plaintiffs’ Third Amended Complaint). 15. oz z 2005 Closing Statement prepared by or on behalf of Victor Lerner with respect to the sale of entities that had taken place in November 2003. 16. ~ Letter of Intent dated November 7, 2003. 17. Agreement (Exhibit A to Defendants’ Counterclaim). 18. Stipulation admitting to guilt signed by Victor Lerner on January 6, 2006. 19, alo Order, entered on or about October 23, 2006, Approving Stipulation admitting to guilt signed by Victor Lerner on. January 6, 2006. 20, Defendants’ Response to Plaintiffs’ Second Request for Production. 21, Letter from Pathman Lewis, LLP to Richard M. Bales, Esq. dated March 7, 2011, with attachments (Composite Documents)- Exhibit 3 to Deposition of Dr. Ino Halegua on 01/25/12. 22. Chart- Exhibit 5 to Deposition of Dr, Ino Halegua on 01/25/12. 23. CHECK 18565 in the amount of $55,000.00 dated January 26, 2006- Exhibit 6 to Deposition of Dr. Ino Halegua on 01/25/12. 24, xs Letter from Jorge L. Cruz-Bustillo to Brad Koshland dated September 21, 2010- Exhibit 7 to Deposition of Dr. Ino Halegua on 01/25/12. 25; CHECK No. 128, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $854.75 dated April 28, 2008- Exhibit 8 to Deposition of Dr. Ino Halegua on 04/28/08. 26. Checks dated May 20, 2008- Exhibit 9 to Deposition of Dr. Ino Halegua on 01/25/12. 27. AA Chart- Exhibit 10 to Deposition of Dr. Ino Halegua on 01/25/12. 28, AB Page 2 of 11Closing Statement dated January 15, 2008- Exhibit 11 to 29. AC Deposition of Dr. Ino Halegua on 01/25/12. Letter from Louis P, Archambault to Ino Halegua dated 30. AD January 14, 2005- Exhibit 12 to Deposition of Dr, Ino Halegua on 01/25/12. Deposit slip dated August 18, 2005- Exhibit 13 to Deposition 31. AE of Dr. Ino Halegua on 01/25/12. Composite Documents- Exhibit 3, Deposition of Dr. Ino 32, Halegua on 08/10/2011. Letter- Exhibit 4 to Deposition of Richard Do on 10/14/11. 33. AG CHECK No. 140, dated 11/14/03 from Oresco Enterprises, 34. AH LLC’s Merrill Lynch/ Bank One account ending in HB to Victor Lerner in the amount of $50,000.00. CHECK No. 141, dated 12/01/03 from Oresco Enterprises, 35. Al LLC’s Merrill Lynch/ Bank One account ending in I to Victor Lernet in the amount of $25,000.00. CHECK No. 144, dated 01/19/04 from Oresco Enterprises, 36. AJ LLC’s Merrill Lynch/ Bank One account ending in I to Victor Lerner in the amount of $25,000.00. CHECK No. 1007, dated 11/19/04 from Oresco Enterprises, 37. AK LLC’s Mellon United National Bank account ending in I to Victor Lerner in the amount of $60,000.00. Affidavit of Richard Do- Exhibit 5 to Deposition of Richard Do 38. AL on 10/14/11. All documents and/or records produced by Bank of America. 39. AM All documents and/or records produced by Great Florida Bank, 40. AN All documents and/or records produced by Sawgrass Title & 4l. AO Escrow, Inc. All documents and/or records produced by Wells Fargo Bank. 42. AP. All documents and/or records produced by Gibraltar Bank. 43. AQ All documents and/or records produced by Scottrade Bank. 44. AR All documents and/or records produced by Mercantile Bank. 45. AS All documents and/or records produced by Kim Marks, CPA 46, AT and/or Kim Marks, CPA, P.A. Account opening documents for Reality Realty Group, LLC 47. AU produced by Gibraltar Bank pursuant to Subpoena Duces Tecum. Closing Statement dated January 2005. 48. AV Check Register reflecting $4,000 to Pathman Lewis, LLP dated 49. AS October 20, 2003 through November 23, 2004. Document entitled “Basic Lease Information” for 900 Alton 50. AX Road Shopping Center, with Addendum, Handwritten Ledger for Reality Realty, LLC. 51. AY Articles of Organization of CitiGroup Realty, LLC. 52. AZ Special Warranty Deed dated November 30, 2009 re transfer 53, BA from Reality Realty Group, LLC to Soni Real Estate, LLC. Page 3 of 11Post-Closing Agreement dated November 30, 2009. 34. BB Bill of Sale and General Assignment of Rights dated November 55, BC 30, 2009. Facsimile dated March 5, 2004 from the Barthett Firm to 56. BD “Yamy”, with attachment, Reality Realty, LLC CHECK No, 1026 in the amount of 57. BE $32,000.00 dated January 11, 2007, Oresco Enterprises, LLC CHECK No. 1189 in the amount of 58. BF $12,000.00 dated February 15, 2007. Reality Realty Group, LC CHECK No. 1040 in the amount of 59. BG $10,500.00 dated April 24, 2007. CHECK No. 2732, dated March 31, 2009 from Jonis 60. BH Enterprises, LLC to Reality Realty in the amount of $5,000. Proof of Loss submitted Florida Assurers, Inc. regarding flood 61. BI at 906 Alton. CHECK No. 1877 to Reality Realty, LLC in the amount of 62. BJ $30,000.00. E-mail from Ino Halegua to Victor Lerner dated July 7, 2009 63. BK regarding repayment of $37,500.00 (half of $75,000.00). : Affidavit of Ino Halegua dated September 21, 2010. 64. BL Reality Realty, LLC CHECK No. 173 in the amount of 65. BM $6,000.00 dated December 12, 2009. Reality Realty, LLC CHECK No. 174 in the amount of 66. BN $10,000.00 dated February 19, 2009. Reality Realty, LLC CHECK No. 175 in the amount of 67. BO $5,000.00 dated March 2, 2009. Reality Realty, LLC CHECK. No. 135 in the amount of 68. BP $30,000.00 to Victor Lerner dated May 20, 2008. Reality Realty, LLC CHECK No. 108 in the amount of 69. BQ $7,500.00 dated October 17, 2007. Greenberg Traurig CHECK dated August 17, 2005 in the 70. BR amount of $8,331.00 payable to City Group Realty. CHECK No. 2019 dated February 8, 2006 in the amount of 71. BS $37,000.00 from City Group Realty, LLC to Reality Realty, LLC. E-mail dated June 25, 2009 from Victor Lerner to Ino Halegua. 72. BT E-mail dated September 22, 2009 from Victor Lerner to Ino 72. BU Halegua, E-mail dated June 20, 2005 from Greenberg Traurig to Ino 74. BV Halegua. CHECK No. 1005, dated January 5, 2009 from Vicin Holdings, 75. BW LLC to City Realty Group Operating in the amount of $15,500. CHECK dated March 21, 2008 in the amount of $30,000.00 76. BX from City Realty Group International, LLC to Reality Realty Group, LLC. Page 4 of 11Closing Statement dated November 30, 2009 for 605 Lincoln 77. BY Road, #215, Miami Beach, FL. (Bayview) CHECK No. 18125 dated September 21, 2005 in the amount of 78. BZ $83,000.00 from Reality Realty Group, LLC to Ino Halegua. CHECK No. 155 dated October 8, 2008 in the amount of 79, CA $3,000.00 from Reality Realty Group, LLC to City Group Realty. CHECK No. 147 dated July 31, 2008 in the amount of 80. CB $5,000.00 from Reality Realty Group, LLC to City Group Realty. CHECK No, 159 dated October 31, 2008 in the amount of 81. cc $8,000.00 from Reality Realty Group, LLC to City Realty Group International, LLC. CHECK No. 160 dated November 4, 2008 in the amount of 82. cD $2,295,00 from Reality Realty Group, LLC to City Group Realty. CHECK No. 120 dated January 17, 2008 in the amount of 83. CE $5,000.00 from Reality Realty Group, LLC to City Group Realty. Reality Realty, LLC CHECK dated May 2007. 84. CF Reality Realty, LLC CHECK No. 1042 to Citigroup Realty, 85. CG LLC in the amount of $10,000.00, dated 5/9/2007, Closing Statement for sale of unit #902 at the Bath Club 86. CH (March 8, 2006). Closing Statement for sale of the Townhouse located at 6101 87. CI Laguna Drive West, Miami Beach, FL (February 17, 2009). Closing Statement for sale of PH #10, 6101 Aqua Ave., Miami 88. CJ Beach, FL (January 31, 2008). E-mail dated July 7, 2009 from Ino Halegua to Victor Lerner. 89. CK E-mail dated November 25, 2009 from Michael 8. Tobin, Esq. 90. cL to Victor Lerner. E-mail dated November 16, 2009 from Benjamin E. Wilson to 91. CM Michael S. Tobin, Esq. Closing Statement dated November 30, 2009 for 605 Lincoln 92, CN Rd., Miami Beach, FL. U.S. Department of Housing Settlement Statement dated 93. co November 30, 2009 involving VicHold LLC and Reality Realty, LLC, CHECK No. 139 dated May 20, 2008 in the amount of $125,00 94, CP from Reality Realty Group, LLC to Baum & Company, P.A, CHECK No. 132, dated May 6, 2008 from Reality Realty 95. CQ Group, LLC to Joel Baum in the amount of $5,000.00. CHECK No. 1048, dated May 24, 2007 from Reality Realty 96. CR Group, LLC to Joel Baum in the amount of $5,000.00. Citigroup Realty, LLC checks signed by Ino Halegua. 97. cs Page 5 of 11Documents produced by Gibraltar Bank regarding account of Reality Realty, LLC. 98. CT Reality Realty, LLC Check Registry. 99. CU Account opening documents for Vicin, LLC at Bank of America, 100. CV Lease for property located at 906 Alton Road, Miami Beach, FL between INO, LLC and MIMI TRAN dated October 6, 2009. 101. CW Photographs of flood at 906 Alton Road, Miami Beach, FL regarding flood which occurred on June 5, 2009. 102. CX Lease for property owned by Nervia Enterprises, LLC which is the subject of Counts II and IV of Plaintiffs’ Third Amended Complaint. 103. CY Check Registry (Exhibit 2 to Deposition of Gayle Reichner). 104, CZ Invoice Statement No. 81254 dated January 20, 2009 and CHECK in the amount of $10,000.00 dated January 27, 2009. 105. DA CHECK No. 1103 dated August 12, 2009 in the amount of $10,000.00. 106. DB CHECK No. 3025 dated March 8, 2004 in the amount of $39,600.00. 107. DC E-mail from Benjamin E. Wilson to Victor Lerner dated December 10, 2009 with Promissory Note dated September 17, 2009. 108. DD CHECK No. 126, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $500.00 dated April 3, 2008, payable to Captain Jay Kent. 109. DE CHECK No. 137, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $2,000.00 dated, payable to Oren Halegua. 110. DF CHECK No. 133, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $750.00 dated May 14, 2008, payable to L+H. 1. DG CHECK No. 142, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $1,000.00 dated June 18, 2008, payable to L+H. 112. DH CHECK No. 136, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $28,000.00 dated May 20, 2008, payable to Nervia Enterprises, LLC. 113. DI CHECK No. 135, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $30,000.00 dated May 20, 2008, payable to Victor Lerner. 114. DJ CHECK No. 155, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $3,000.00 dated October 8, 2008, payable to Citigroup Realty. 115, DK Page 6 of 11CHECK No. 159, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $8,000.00 dated October 31, 2008, payable to City Realty International. 116. DL CHECK No. 160, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $2,295.00 dated November 4, 2008 payable to City Group Realty. 117. DM CHECK No. 173, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $6,000.00 dated February 12, 2009, payable to Reality Realty Group. 118. DN CHECK No. 177, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $2,500.00 dated March 19, 2009, payable to City Group Realty. 119. DO CHECK No. 147, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated July 31, 2008, payable to City Group Realty. 120. DP CHECK No. 138, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated May 20. 2008, payable to City Group Realty. 121. DQ CHECK No. 120, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated January 17, 2008, payable to City Group Realty. 122. DR CHECK No. 116, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated December 18, 2007, payable to City Group Realty. 123. DS CHECK No. 113, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated November 20, 2007, payable to City Group Realty. 124, DT CHECK No. 112, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated November 17, 2007, payable to City Group Realty. 125. DU CHECK No. 109, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $3,000.00 dated October 23, 2007, payable to City Group Realty. 126. DV CHECK No. 108, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $7,500.00 dated October 17, 2007, payable to City Group Realty. 127. DW CHECK No. 102, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $10,000.00 dated August 21, 2007, payable to City Group Realty. 128. DX CHECK No, 1042, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $10,000.00 dated May 9, 2007 payable to City Group Realty. 129, DY CHECK No. 1040, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $10,500.00 dated April 24, 2007, payable to City Group Realty. 130. DZ Page 7 of 11CHECK No. 1035, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated March 29, 2007, payable to City Group Realty. 131. EA CHECK No, 1026, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $32,000.00 dated January 11, 2007, payable to City Group Realty. 132. EB CHECK No. 1046, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated May 24, 2007, payable to Joel Baum, CPA. 133. EC CHECK No. 132, drawn from the Reality Realty Group, LC account at Gibraltar Private, in the amount of $5,000.00 dated May 6, 2008, payable to Joel Baum. 134, ED E-mail from Ino Halegua to Victor Lerner dated October 18, 2008. 135. EE E-mail from Louis Archambault, Esq. to Victor Lerner dated November 3, 2004 (without attachments which have not yet been located). 136. EF Postcard from Citi Group Realty for Aqua Allison Islands property. 137. EG Wachovia statement for City Realty Group International, LLC escrow account ending in 4H for period of 5/30/09 thru 6/30/09. 138. EH Wachovia statement for City Realty Group International, LLC escrow account ending in -I for period of 7/01/09 thru 7/31/09. 139. EL Wachovia statement for City Realty Group Intemational, LLC escrow acc