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**** CASE NUMBER: 502024CA006205XXXAMB Div: AD ****
Filing # 201800177 E-Filed 07/02/2024 03:00:32 PM
IN THE OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
JUAN COMAS,
Plaintiff,
v. Case No.:
AMERICAN PLATINUM CASUALTY & PROPERTY INSURANCE COMPANY,
Defendants.
/
COMPLAINT
Plaintiff, JUAN COMAS (hereinafter the “Plaintiff”), sues Defendant, American Platinum
Casualty & Property Insurance Company (hereinafter “Defendant”), and alleges:
PARTIES, JURISDICTION AND VENUE
1. This is an action for damages that is in excess of $50,000.00 exclusive of interest,
costs and attorney’s fees.
2. At all times material hereto, Plaintiff, JUAN COMAS, has been a resident of
Palm Beach County, Florida.
3. The home itself and the homeowner’s policy of insurance involved herein was
issued by Defendant, American Platinum Casualty & Property Insurance Company, to Plaintiff,
JUAN COMAS, of Palm Beach County, Florida.
4. At all times material hereto, Defendant, American Platinum Casualty & Property
Insurance Company, has been qualified to do business in Florida and has, at all times material
hereto, been conducting business and maintaining agents for the transaction of its customary
business in Palm Beach County, Florida.
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/02/2024 03:00:32 PM
Jurisdiction and Venue
5. This Court has subject matter jurisdiction over the claims asserted herein because
the total amount in controversy exceeds $50,000.00, exclusive of interest and costs.
6. Venue is proper in Palm Beach County, Florida because the contract, which forms
the subject matter of the lawsuit, was executed in Palm Beach County, Florida and the subject
property is located in Palm Beach County, Florida.
7. All conditions precedent to the filing of this lawsuit have occurred, have been
waived or have been performed.
GENERAL ALLEGATIONS
8. Plaintiff purchased and paid the premium for a policy of homeowner’s insurance
from Defendant, Policy Number 1504-2200-2657-02 (the “Policy’), for the property located
at 1063 Concert Way,Royal Palm Beach, FL 33411(the “Insured Property.”)
9. The Policy was in full force and effect at all relevant times to this lawsuit. If a true
and correct copy of the Policy is in Plaintiff’s possession, then the policy is attached hereto and
incorporated herein as composite Exhibit “A”. Alternatively, if the policy is not attached, then
same is not in Plaintiff’s possession and has been requested in discovery. See Equity Premium
Twin Cities Fire Insurance Co., 956 So.2d 1257 (Fla. 4th DCA 2007).
Inc.
v.
10. That the damage to Plaintiff’s property, due to, inter alia, Wind, and any and all
claims and losses of JUAN COMAS for the loss on or about 9/28/2022 12:00:00 AM, fall within
coverage afforded under the policy of insurance issued by the Defendant, American
Platinum Casualty & Property Insurance Company, Policy No. 1504-2200-2657-02.
11. The Plaintiff submitted to Defendant an estimate of damages incurred by the
Plaintiff as a result of the loss. A true and correct copy of the estimate is attached hereto and
incorporated herein as composite Exhibit “B”.
12. The Plaintiff submitted to Defendant copy of a Mitigation Invoice incurred by the
Plaintiff as a result of the loss. A true and correct copy of the invoice is attached hereto and
incorporated herein as composite Exhibit “C”.
13. American Platinum Casualty & Property Insurance Company assigned claim
number FL23-0200425-A322 to the Loss.
14. The Defendant wrongfully denied Plaintiff’s claim. The loss to the insured’s
Property was a direct physical loss and therefore, is a covered peril under the policy.
15. The Plaintiff has suffered and continues to suffer damages resulting from
Defendant’s breach of the Policy.
16. Accordingly, on or about , Plaintiff made application to Defendant for insurance
benefits under the Policy.
17. American Platinum Casualty & Property Insurance Company has failed to pay all
benefits to which Plaintiff is entitled under the Policy.
18. All conditions precedent to obtaining payment of insurance benefits under the
Policy, and to the filing of this action have been fulfilled, satisfied, waived or excused.
COUNT I – BREACH OF CONTRACT
19. The Plaintiff realleges paragraphs 1 through 17 as if fully set forth herein and
further allege:
20. It is undisputed that the Insured and American Platinum Casualty & Property
Insurance Company entered into a written contract, the Policy, wherein the Insured agreed to pay
a premium and American Platinum Casualty & Property Insurance Company agreed to insure the
Insured’s Property.
21. The Insured has paid all premiums due and owing as contemplated by the Policy;
thus, fully performing the policy.
22. The Insured’s Property sustained damage which American Platinum Casualty &
Property Insurance Company agreed to provide coverage for under the terms of the Policy.
23. The Defendant’s denial of coverage and/or refusal to pay the full amount of the
claim was contrary to the terms of the Policy or Florida law, or both, and same was a breach of the
contract of insurance.
24. That as a direct and proximate cause of the Defendant’s breach in refusal to pay the
full amount of the Plaintiff’s claim, the Plaintiff has been damaged in an amount to be determined
at trial.
25. Defendant’s refusal to pay the due and owing insurance proceeds required Plaintiff
to retain the undersigned counsel, and Juan Comas has become obligated for attorney fees and
costs in connection with the prosecution of this action. (Section 627.428, Florida Statutes, provides
for the payment of attorney’s fees in the event that American Platinum Casualty & Property
Insurance Company wrongfully denies or underpays a property damage insurance claim.)
WHEREFORE, the Plaintiff, JUAN COMAS demands judgment against the Defendant,
American Platinum Casualty & Property Insurance Company, for damages including, but not
limited to, damage to the premises, its contents, loss of use, costs, interest as allowed by law,
reasonable attorney’s fees pursuant to Section 627.428, Florida Statutes, and such other relief as
this Court deems just and proper.
DEMAND FOR JURY TRIAL
The Plaintiff demand trial by jury on all issues so triable.
By: //s// Sylvia Dell’Armi
Sylvia E. Dell’Armi, Esquire
FBN: 1022307
Dell’Armi Law Firm
2975 Bee Ridge Rd.
Suite D
Sarasota, FL 34239
Sylvia@dellarmilaw.com
service@dellarmilaw.com
EXHIBIT A
American Platinum Property and Casualty Insurance Homeowners
Company, AMERICAN. PLATINUM
A Stock Company Declaration Effective PROPERTY AND CASUALTY INSURANCE COMPANY
c/o Evolution Risk Advisors, Inc. 6/6/2023
1110 W. Commercial Blvd
Fort Lauderdale, FL 33309 AMENDED: Insured Change
THIS IS NOT A BILL
For Policy or Claims Questions Contact Your Agent Listed Below
Policy Number I FROM Policy Period TO [INSURED BILLED] I Agent Code
1504-2200-2657-02 I 06/20/2022 06/20/2023 12:01 AM Standard Time I FL33286
Named Insured and Address Agent Name and Address
JUAN COMAS Clovered, Inc.
1063 Concert Way 1110 W. Commercial Blvd
Royal Palm Beach, FL 33411 Fort Lauderdale, FL 33309
(561) 541-8704 (833) 255-4117
Insured Location
1063 CONCERT WAY ROYAL PALM BEACH, FL 33411 PALM BEACH COUNTY
Premium Summary
Basic Coverages Attached Endorsements Total Policy Premium
Premium Premium Assessments / Surcharges MGA Fees/Policy Fees (Including Assessments & Surcharges)
$7,642.00 ($4,878.00) $0.00 $46.35 $2,810.35
Rating Information
Townhouse/ Number of Protection
Form Construction Year Rowhouse Families Occupied Class Territory BCEG
HOB Masonry 1979 N y 2 38 99
Dwelling Personal Property Protective Device Credits:
County Replacement Cost Replacement Cost Burglar Fire Sprinkler
Palm Beach N N N N N
We--wfilpr-cviae-tl'lec-insuraAea---eleSGr-iaed-iA--this.,po!iG-y-in r-etu-1+1-fur tAe-premlum _and compliancawitb.allap.p!icabl.e-pro\!isjons_ �
of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal
premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to
the end of the current policy period or else this policy will expire.
Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the
conditions of this policy.
COVERAGES - SECTION I LIMITS PREMIUMS COVERAGES - SECTION II LIMITS PREMIUMS
Coverage A - Dwelling $201,669 $7,642.00 Coverage E - Personal Liability $100,000 $0.00
Coverage B - Other Structure $20,169 Coverage F - Medical Payments $1,000 $0.00
Coverage C - Personal Property $100,835
Coverage D - Loss of Use $20,167
NOTE: The portion of your premium for hurricane coverage is: $1,206.60
The portion of your premium for all other coverages is: $1,603.75
Section I Coverages Subject to a 2.0% of Coverage A - $4,033 Hurricane Deductible Per Calendar
Year.
Section I Coverages Subject to $2,500 All Other Perils (Non-Hurricane, Non-Sinkhole) Deductible Per Loss.
The Ordinance or Law Coverage amount is 25% of Coverage A - $50,417
THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR
HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT
OF-POCKET EXPENSES TO YOU.
Flood coverage Is not provided by American Platinum Property and Casualty Insurance Company and is not part of this
��r�
policy.
------------------------
Clovered, Inc.
Countersi nature Date Chief Executive Officer
APPCIC HO DEC 15 03 23 Printed Date: 6/7/2023 3:51 :10 AM 1 of 3
1
Prima Public Adjusters EXHIBIT B
9987 BOCA GARDENS TRAIL
UNIT A
BOCA RATON, FL 33496
Insured: Juan Comas
Property: 1063 Concert Way
Royal Palm Beach , FL 33411
Claim Rep.: Jairo Munoz
Company: Prima Public Adjusters
Estimator: Precision Estimators, LLC. Business: (786) 442-5903
Company: Precision Estimators
Claim Number: FL23-0200425-A322 Policy Number: 1504-2200-2657-02 Type of Loss: Hurricane
Date of Loss: 9/28/2022 12:00 AM Date Received:
Date Inspected: Date Entered: 9/1/2023 2:04 PM
Price List: FLWB8X_SEP23
Restoration/Service/Remodel
Estimate: COMAS_15042200265702
Valued Client,
Please find attached itemized estimate for the loss that occurred at the property at the property located
at the address listed above. This estimate represents the damage to the covered loss that could be
observed at the time of inspection. If any additional damage is found, please document findings with
photos or video and contact your representative to further evaluate findings. This estimate was
structured using the most current Price List(s) available from Xactware, contact your representative if
you have any questions in regards to this estimate or claim. Pursuant to the Florida Statute 817.234
"Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement
of claim or an application containing any false, incomplete, or misleading information is guilty of a
felony of the third degree."
2
Prima Public Adjusters
9987 BOCA GARDENS TRAIL
UNIT A
BOCA RATON, FL 33496
COMAS_15042200265702
Main Level
7' 6"
Kitchen Height: 8'
7'
200.00 SF Walls 56.00 SF Ceiling
256.00 SF Walls & Ceiling 56.00 SF Floor
8' 6"
8' 4"
8'
Kitchen
6.22 SY Flooring 24.00 LF Floor Perimeter
30.00 LF Ceil. Perimeter
6' 1'
4"
Missing Wall - Goes to Floor 6' X 6' 8" Opens into DINING_AREA
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
CONTENTS CONSIDERATIONS
1. Floor protection - heavy paper and 56.00 SF 0.00 0.56 0.27 6.34 37.97
tape
2. Floor protection - plastic and tape - 56.00 SF 0.00 0.36 0.47 4.14 24.77
10 mil
3. Protect contents - Cover with plastic 56.00 SF 0.00 0.25 0.31 2.86 17.17
4. Contents - move out then reset - 1.00 EA 0.00 121.78 0.00 24.36 146.14
Large room
CEILING
5. Recessed light fixture - Detach & 4.00 EA 0.00 142.90 0.00 114.32 685.92
reset entire unit
6. R&R Heat/AC register - 1.00 EA 3.79 25.64 0.63 6.00 36.06
Mechanically attached
7. R&R Smoke detector 1.00 EA 16.78 69.39 1.80 17.60 105.57
8. R&R Batt insulation - 10" - R30 - 32.00 SF 0.55 1.71 2.69 15.00 90.01
unfaced batt
9. R&R Blown-in insulation - 10" 32.00 SF 1.31 1.31 2.11 17.18 103.13
depth - R26
10. R&R 5/8" drywall - hung, taped, 32.00 SF 0.63 3.50 1.64 26.76 160.56
floated, ready for paint
WALL
11. R&R Outlet or switch cover 5.00 EA 0.94 3.89 0.33 4.90 29.38
12. R&R 220 volt outlet cover 1.00 EA 0.94 7.96 0.25 1.84 10.99
13. Phone, TV, or speaker outlet - 1.00 EA 0.00 33.00 0.00 6.60 39.60
Detach & reset
14. Window blind - horizontal or 1.00 EA 0.00 42.75 0.00 8.56 51.31
vertical - Detach & reset
15. Refrigerator - Remove & reset 1.00 EA 0.00 59.34 0.00 11.86 71.20
16. Range - drop in - Detach & reset 1.00 EA 0.00 182.11 0.00 36.42 218.53
17. Microwave oven - over range or 1.00 EA 0.00 159.33 0.00 31.86 191.19
drawer type- Detach & reset
GENERAL CONSIDERATIONS
COMAS_15042200265702 9/6/2023 Page: 2
3
Prima Public Adjusters
9987 BOCA GARDENS TRAIL
UNIT A
BOCA RATON, FL 33496
CONTINUED - Kitchen
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
18. Mask more than the walls per 256.00 SF 0.00 0.31 1.25 16.14 96.75
square foot - plastic and tape - 4 mil
19. Seal the walls and ceiling w/PVA 256.00 SF 0.00 0.73 1.08 37.60 225.56
primer - one coat
20. Seal & texture paint more than the 256.00 SF 0.00 1.42 6.09 73.92 443.53
walls
21. Paint the walls and ceiling - two 256.00 SF 0.00 1.25 5.56 65.12 390.68
coats
22. Paint door/window trim & jamb - 2 2.00 EA 0.00 40.18 0.86 16.26 97.48
coats (per side)
23. Final cleaning - construction - 312.00 SF 0.00 0.36 0.00 22.46 134.78
Residential
Totals: Kitchen 25.34 568.10 3,408.28
6' 1'
Dining Area Height: 8'
4"
140.00 SF Walls 57.33 SF Ceiling
197.33 SF Walls & Ceiling 57.33 SF Floor
8' 6"
8'
Dining Area
6.37 SY Flooring 16.50 LF Floor Perimeter
22.50 LF Ceil. Perimeter
7' 2"
7' 6"
Missing Wall - Goes to Floor 6' X 6' 8" Opens into KITCHEN
Missing Wall 8' X 8' Opens into LIVING_ROOM
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
CONTENTS CONSIDERATIONS
24. Floor protection - heavy paper and 57.33 SF 0.00 0.56 0.28 6.48 38.86
tape
25. Floor protection - plastic and tape - 57.33 SF 0.00 0.36 0.48 4.22 25.34
10 mil
26. Protect contents - Cover with 57.33 SF 0.00 0.25 0.32 2.92 17.57
plastic
27. Contents - move out then reset - 1.00 EA 0.00 121.78 0.00 24.36 146.14
Large room
WALL
28. R&R Outlet or switch cover 4.00 EA 0.94 3.89 0.26 3.94 23.52
29. Phone, TV, or speaker outlet - 1.00 EA 0.00 33.00 0.00 6.60 39.60
Detach & reset
30. Window blind - horizontal or 1.00 EA 0.00 42.75 0.00 8.56 51.31
vertical - Detach & reset
31. Mirror - plate glass - Detach & 4.00 SF 0.00 7.69 0.00 6.16 36.92
reset
COMAS_15042200265702 9/6/2023 Page: 3
4
Prima Public Adjusters
9987 BOCA GARDENS TRAIL
UNIT A
BOCA RATON, FL 33496
CONTINUED - Dining Area
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
GENERAL CONSIDERATIONS
32. Mask more than the walls per 197.33 SF 0.00 0.31 0.97 12.44 74.58
square foot - plastic and tape - 4 mil
33. Seal the walls and ceiling w/PVA 197.33 SF 0.00 0.73 0.83 28.98 173.86
primer - one coat
34. Seal & texture paint more than the 197.33 SF 0.00 1.42 4.70 56.98 341.89
walls
35. Paint the walls and ceiling - two 197.33 SF 0.00 1.25 4.28 50.20 301.14
coats
36. Paint door/window trim & jamb - 2 1.00 EA 0.00 40.18 0.43 8.12 48.73
coats (per side)
37. Final cleaning - construction - 254.67 SF 0.00 0.36 0.00 18.34 110.02
Residential
Totals: Dining Area 12.55 238.30 1,429.48
Hallway 5'
4' 8" 4' 2" 5' 2"
Living Room Height: 8'
8' 4"
8'
Kitchen 354.73 SF Walls 231.47 SF Ceiling
16' 8"
586.20 SF Walls & Ceiling 231.47 SF Floor
16' 8"
Living Room
25.72 SY Flooring 44.34 LF Floor Perimeter
8'
Dining Area
44.34 LF Ceil. Perimeter
7' 1" 6' 1' 1"
7' 5"
Missing Wall 8' X 8' Opens into DINING_AREA
Missing Wall 4' 1 15/16" X 8' Opens into ENTRY
Missing Wall 4' 8" X 8' Opens into HALLWAY
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
CONTENTS CONSIDERATIONS
38. Floor protection - heavy paper and 231.47 SF 0.00 0.56 1.13 26.14 156.89
tape
39. Floor protection - plastic and tape - 231.47 SF 0.00 0.36 1.94 17.04 102.31
10 mil
40. Protect contents - Cover with 231.47 SF 0.00 0.25 1.30 11.84 71.01
plastic
41. Contents - move out then reset - 1.00 EA 0.00 121.78 0.00 24.36 146.14
Large room
WALL
42. R&R Outlet or switch cover 6.00 EA 0.94 3.89 0.39 5.86 35.23
43. Phone, TV, or speaker outlet - 1.00 EA 0.00 33.00 0.00 6.60 39.60
Detach & reset
44. Window blind - horizontal or 1.00 EA 0.00 42.75 0.00 8.56 51.31
vertical - Detach & reset
COMAS_15042200265702 9/6/2023 Page: 4
5
Prima Public Adjusters
9987 BOCA GARDENS TRAIL
UNIT A
BOCA RATON, FL 33496
CONTINUED - Living Room
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
45. Door bell/chime - Detach & reset 1.00 EA 0.00 64.43 0.00 12.88 77.31
46. Thermostat - Detach & reset 1.00 EA 0.00 62.31 0.00 12.46 74.77
47. Cold air return cover - Detach & 1.00 EA 0.00 25.45 0.00 5.10 30.55
reset
48. TV Brackets - Wall or ceiling 1.00 EA 0.00 62.26 0.00 12.46 74.72
mounted - Detach & reset
GENERAL CONSIDERATIONS
49. Mask more than the walls per 586.20 SF 0.00 0.31 2.87 36.92 221.51
square foot - plastic and tape - 4 mil
50. Seal the walls and ceiling w/PVA 586.20 SF 0.00 0.73 2.46 86.08 516.47
primer - one coat
51. Seal & texture paint more than the 586.20 SF 0.00 1.42 13.95 169.28 1,015.63
walls
52. Paint the walls and ceiling - two 586.20 SF 0.00 1.25 12.72 149.10 894.57
coats
53. Paint door/window trim & jamb - 2 1.00 EA 0.00 40.18 0.43 8.12 48.73
coats (per side)
54. Final cleaning - construction - 817.67 SF 0.00 0.36 0.00 58.88 353.24
Residential
Totals: Living Room 37.19 651.68 3,909.99
4' 8"
Entry Height: 8'
8"
2' 6" 4"
4'
4' 9"
138.61 SF Walls 33.13 SF Ceiling
4' 5"
1' 10"
171.74 SF Walls & Ceiling 33.13 SF Floor
2' 2"
Entry
3.68 SY Flooring 17.33 LF Floor Perimeter
1' 1" 2' 6"
3' 2"
17.33 LF Ceil. Perimeter
1' 5"
4' 2"
Missing Wall 3' 2" X 8' Opens into HALLWAY
Missing Wall 4' 1 15/16" X 8' Opens into LIVING_ROOM
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
CONTENTS CONSIDERATIONS
55. Floor protection - heavy paper and 33.13 SF 0.00 0.56 0.16 3.76 22.47
tape
56. Floor protection - plastic and tape - 33.13 SF 0.00 0.36 0.28 2.44 14.65
10 mil
57. Protect contents - Cover with 33.13 SF 0.00 0.25 0.19 1.70 10.17
plastic
58. Contents - move out then reset 1.00 EA 0.00 81.19 0.00 16.24 97.43
WALL
COMAS_15042200265702 9/6/2023 Page: 5
6
Prima Public Adjusters
9987 BOCA GARDENS TRAIL
UNIT A
BOCA RATON, FL 33496
CONTINUED - Entry
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
59. R&R Outlet or switch cover 2.00 EA 0.94 3.89 0.13 1.96 11.75
GENERAL CONSIDERATIONS
60. Mask more than the walls per 171.74 SF 0.00 0.31 0.84 10.80 64.88
square foot - plastic and tape - 4 mil
61. Seal the walls and ceiling w/PVA 171.74 SF 0.00 0.73 0.72 25.22 151.31
primer - one coat
62. Seal & texture paint more than the 171.74 SF 0.00 1.42 4.09 49.60 297.56
walls
63. Paint the walls and ceiling - two 171.74 SF 0.00 1.25 3.73 43.68 262.09
coats
64. Paint door/window trim & jamb - 2 3.00 EA 0.00 40.18 1.28 24.36 146.18
coats (per side)
65. Final cleaning - construction - 204.88 SF 0.00 0.36 0.00 14.76 88.52
Residential
Totals: Entry 11.42 194.52 1,167.01
Hallway Height: 8'
13' 7" Entry
2' 9"
2' 6" 2' 5"
13' 7"
266.67 SF Walls 53.33 SF Ceiling
3' 2"
Hallway
5' 8"
6"
5' 4' 8" 320.00 SF Walls & Ceiling 53.33 SF Floor
2' 6"
5.93 SY Flooring 33.33 LF Floor Perimeter
2' 5"
2' 6"
6" 9" 33.33 LF Ceil. Perimeter
Missing Wall 4' 8" X 8' Opens into LIVING_ROOM
Missing Wall 3' 2" X 8' Opens into ENTRY
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
CONTENTS CONSIDERATIONS
66. Floor protection - heavy paper and 53.33 SF 0.00 0.56 0.26 6.04 36.16
tape
67. Floor protection - plastic and tape - 53.33 SF 0.00 0.36 0.45 3.94 23.59
10 mil
68. Protect contents - Cover with 53.33 SF 0.00 0.25 0.30 2.72 16.35
plastic
69. Contents - move out then reset 1.00 EA 0.00 81.19 0.00 16.24 97.43
WALL
70. R&R Outlet or switch cover 2.00 EA 0.94 3.89 0.13 1.96 11.75
GENERAL CONSIDERATIONS
71. Mask more than the walls per 320.00 SF 0.00 0.31 1.57 20.16 120.93
square foot - plastic and tape - 4 mil
COMAS_15042200265702 9/6/2023 Page: 6
7
Prima Public Adjusters
9987 BOCA GARDENS TRAIL
UNIT A
BOCA RATON, FL 33496
CONTINUED - Hallway
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
72. Seal the walls and ceiling w/PVA 320.00 SF 0.00 0.73 1.34 46.98 281.92
primer - one coat
73. Seal & texture paint more than the 320.00 SF 0.00 1.42 7.62 92.40 554.42
walls
74. Paint the walls and ceiling - two 320.00 SF 0.00 1.25 6.94 81.38 488.32
coats
75. Paint door/window trim & jamb - 2 3.00 EA 0.00 40.18 1.28 24.36 146.18
coats (per side)
76. Final cleaning - construction - 373.34 SF 0.00 0.36 0.00 26.88 161.28
Residential
Totals: Hallway 19.89 323.06 1,938.33
Total: Main Level 106.39 1,975.66 11,853.09
Roof Structure
45'
Roof1
16' 4"
15' 6"
F1 (A)
1,787.21 Surface Area 17.87 Number of Squares
31'
3' 2"
Roof1
180.71 Total Perimeter Length 69.52 Total Ridge Length
16' 4"
15' 6"
F2 (B)
18
'2
"
Roof2 (1)
20'
12'
F3 (A) F4 (B)
25' 1"
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
77. Remove Laminated - comp. 17.87 SQ 80.99 0.00 0.00 289.46 1,736.75
shingle rfg. - w/out felt
78. Laminated - comp. shingle rfg. - 18.00 SQ 0.00 342.55 165.51 1,266.28 7,597.69
w/out felt
79. Roofing felt - 30 lb. 17.87 SQ 0.00 61.10 20.95 222.58 1,335.39
80. R&R Sheathing - plywood - 1/2" 1,787.21 SF 0.85 3.31 105.09 1,507.98 9,047.87
CDX
81. Re-nailing of roof sheathing - 1,787.21 SF 0.00 0.41 1.25 146.82 880.83
complete re-nail
82. Water barrier joint taping - Mod. 1,787.21 SF 0.00 0.44 8.76 159.04 954.17
bitumen - 4" seam tape
83. Ice & water barrier 1,787.21 SF 0.00 2.45 58.80 887.50 5,324.96
84. Asphalt starter - laminated double 180.71 LF 0.00 6.55 25.81 241.90 1,451.36
layer starter
85. Add. layer of comp. shingles, 17.87 SQ 50.27 0.00 0.00 179.66 1,077.98
remove & disp. - Laminated
86. R&R Hip / Ridge cap - cut from 3 69.52 LF 4.78 6.69 6.47 160.78 964.65
tab - composition shingles
COMAS_15042200265702 9/6/2023 Page: 7
8
Prima Public Adjusters
9987 BOCA GARDENS TRAIL
UNIT A
BOCA RATON, FL 33496
CONTINUED - Roof1
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
87. R&R Drip edge/gutter apron 180.71 LF 0.50 4.20 17.71 173.42 1,040.47
88. R&R Valley metal 36.38 LF 0.88 8.75 6.44 71.34 428.12
89. R&R Fascia - 1" x 4" - #1 pine 180.71 LF 0.51 5.23 16.82 210.82 1,264.91
90. R&R Soffit - metal 180.71 SF 0.46 6.46 47.06 259.52 1,557.10
91. R&R Hip / Ridge flashing 105.91 LF 0.88 10.90 24.39 254.40 1,526.41
92. Step flashing 180.71 LF 0.00 16.09 24.92 586.50 3,519.04
93. R&R Flashing - pipe jack 2.00 EA 10.65 74.06 2.56 34.40 206.38
94. R&R Exhaust cap - through roof - 2.00 EA 13.58 139.76 7.07 62.76 376.51
6" to 8"
95. R&R Gutter / downspout - 180.71 LF 0.76 8.35 66.03 342.44 2,054.74
aluminum - up to 5"
96. Prime & paint exterior fascia - 180.71 LF 0.00 2.15 2.40 78.18 469.11
wood, 4"- 6" wide
97. Prime & paint exterior soffit - 180.71 SF 0.00 2.60 3.67 94.72 568.24
metal
98. Prime & paint roof vent 2.00 EA 0.00 43.20 1.09 17.50 104.99
99. Prime & paint roof jack 2.00 EA 0.00 43.20 1.09 17.50 104.99
Totals: Roof1 613.89 7,265.50 43,592.66
Total: Roof Structure 613.89 7,265.50 43,592.66
Exterior Properties
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
FENCE
100. R&R Wood fence 5'- 6' high - 224.00 LF 9.46 38.17 397.33 2,213.28 13,279.73
cedar or equal
101. R&R Wood gate 5'- 6' high - 8.00 LF 9.46 60.13 20.32 115.40 692.44
cedar or equal
TREE/FOLIAGE DEBRIS
102. Tree - removal and disposal - per 8.00 HR 113.34 0.00 0.00 181.34 1,088.06
hour including equipment
POOL/PATIO ENCLOSURE
103. R&R Patio/pool Enclosure - Full 289.00 SF 1.25 5.10 46.93 376.42 2,258.50
Screen
104. R&R Patio Cover - Roof panels 289.00 SF 1.03 8.58 107.02 576.86 3,461.17
only - Heavy load
105. R&R Screen door - metal - 30" - 1.00 EA 27.26 186.92 8.40 44.52 267.10
36" - full screen (no glass)
EXTERIOR ELEVATION
COMAS_15042200265702 9/6/2023 Page: 8
9
Prima Public Adjusters
9987 BOCA GARDENS TRAIL
UNIT A
BOCA RATON, FL 33496
CONTINUED - Exterior Properties
DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL
106. Exterior - paint two coats 1,807.10 SF 0.00 1.36 53.13 502.16 3,012.95
107. Exterior light fixture - Detach & 2.00 EA 0.00 100.76 0.00 40.30 241.82
reset
108. Door numbers/letters - D
Related Content
in Palm Beach County
Ruling
MARTIN vs TENNYSON ELECTRIC, INC.
Jul 26, 2024 |
Civil Unlimited (Contract/Warranty Breach - Se...) |
22CV013333
22CV013333: MARTIN vs TENNYSON ELECTRIC, INC.
07/26/2024 Hearing on Motion for Order Motion for Order re: Settlement Award and
Dismissal in Department 1B
Tentative Ruling - 07/24/2024 Sandra Bean
The Motion for Order PLAINTIFFS NOTICE OF MOTION AND MOTION FOR ORDER
REGARDING SETTLEMENT AWARD AND DISMISSAL [CODE CIV. PROC., 998] filed by
Tyler Martin on 04/19/2024 is Denied.
Plaintiff Tyler Martin’s Motion for Order Regarding Settlement and Dismissal is as follows: the
Court finds the current 998 offer is invalid, and thus dismissal is DENIED.
On March 19, 2024, Plaintiff Tyler Martin accepted the following Offer under CCP § 998 as
made by Defendant Tennyson Electric, Inc.:
Pursuant to Section 998 of the California Code of Civil Procedure, Defendant
TENNYSON ELECTRIC, INC. (“Defendant”) hereby offers Plaintiff TYLER MARTIN
(“Plaintiff Martin”) $50,000, inclusive of attorney fees and costs, in exchange for a
dismissal with prejudice of this lawsuit as full and final settlement of all of his claims in
the above captioned action (the “Action”), expressly inclusive of any and all claims for
costs and attorneys’ fees, in exchange for the following upon the receipt of such funds:
(1) the execution of a release by Plaintiff Martin of all of his claims against Defendant in
the Action; and (2) the entry of a Request for Dismissal with prejudice of all of Plaintiff
Martin’s claims asserted in the operative Complaint as against Defendant in the Action in
their entirety.
This offer does not contemplate entry of a judgment of any kind against Defendant
TENNYSON ELECTRIC, INC. (Hartline v. Kaiser Foundation Hosp. (2005) 132
Cal.App.4th 458, 470 [“Although section 998 refers to entry of a judgment or award, an
offer that provides for the plaintiff’s dismissal of the action with prejudice is a valid form
of offer within section 998.”]. If this offer is not accepted within thirty (30) days of the
date of its service, as extended by operation of California Code of Civil Procedure section
1013 by virtue of its manner of service, it shall be deemed withdrawn, and may not be
given in evidence upon the trial of this matter.
Plaintiff Martin shall indicate an acceptance of the offer through his attorney’s signature
below, or through his attorney’s signature on a separate document indicating that the
offer is accepted.
(Escobedo Decl. ex. 4)
Further, on April 4, 2024, Counsel for Defendant sent a check for $50,000 to the Plaintiff.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
22CV013333: MARTIN vs TENNYSON ELECTRIC, INC.
07/26/2024 Hearing on Motion for Order Motion for Order re: Settlement Award and
Dismissal in Department 1B
Plaintiff argues that the offer is clear, and the release must be limited to the terms of the offer
that which encompasses only “all of his claims against Defendant in the Action” but Defendant
seeks to add additional terms specifically Defendant seeks to include all claims that could have
been asserted and a waiver of Civil Code § 1542.
The Court finds that the terms of the 998 offer are ambiguous. Does the release of all Plaintiff’s
claims in this action include those asserted and those that could have been asserted but were
not? There was no proposed release attached to the offer and the parties do not mutually assent
to the meaning of the terms of the 998 offer. (See Valentino v. Elliott Sav-On Gas, Inc. (1988)
201 Cal.App.3d 692, 700-701 reh'g denied and opinion modified (June 23, 1988) [$15,000 offer
was conditioned on release of claims other than those being litigated: value of those claims was
uncertain, rendering $15,000 offer uncertain].)
The Court finds the terms of the 998 offer are too ambiguous to be enforced since there is no
mutual assent to a release and the signing of a release is a condition of this compromise. Thus,
the offer is uncertain and invalidated.
------
If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the
Tentative Ruling will become the order of the court. How Do I Contest a Tentative Ruling? Find
your case in eCourt at https://eportal.alameda.courts.ca.gov/
using “Case Search” or “Calendar Search” (after you log in)
Select the Tentative Rulings Tab
Select "Click to Contest this Ruling"
Enter your name and briefly identify the issues you wish to argue.
Select "Proceed"
You must also notify the department via email (Dept1b@alameda.courts.ca.gov) and opposing
parties by no later than 4:00 PM, one court day before the scheduled hearing.
Please provide this information to any opposing parties.
PLEASE TAKE NOTICE THAT THE HEARING/CONFERENCE WILL BE IN-
PERSON WITH THE OPTION TO APPEAR REMOTELY.
COUNSEL AND PARTIES MAY APPEAR EITHER IN-PERSON IN DEPARTMENT 1B
AT RENE C. DAVIDSON COURTHOUSE OR BY REMOTELY THROUGH THE
ZOOM PLATFORM.
COUNSEL AND PARTIES WHO CHOOSE TO APPEAR REMOTELY MUST HAVE
AN APPROPRIATE INTERNET CONNECTION, A WORKING MICROPHONE, AND
FUNCTIONING CAMERA, OTHERWISE THE PARTY OR ATTORNEY MUST
APPEAR IN PERSON.
Department 1B
Meeting ID 16057295607
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
22CV013333: MARTIN vs TENNYSON ELECTRIC, INC.
07/26/2024 Hearing on Motion for Order Motion for Order re: Settlement Award and
Dismissal in Department 1B
Personal Meeting URL https://zoomgov.com/j/16057295607
One tap mobile
+16692545252,,16057295607# US (San Jose)
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Join by SIP 16057295607@sip.zoomgov.com
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161.199.138.10 (US West)
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Ruling
King, et al. vs. Tyner, et al.
Jul 25, 2024 |
23CV-0202922
KING, ET AL. VS. TYNER, ET AL.
Case Number: 23CV-0202922
This matter is on calendar for review regarding status of arbitration or dismissal. The Court is in receipt of a
status report in which Plaintiff reports that the arbitration scheduled for July has been rescheduled to August 6 th
and 8th. The case will be continued to Tuesday, September 3, 2024, at 9:00 am for review regarding status of
arbitration or dismissal. No appearance is necessary on today’s calendar.
Ruling
MORA vs FORD MOTOR COMPANY
Jul 22, 2024 |
CVRI2305266
Motion to Compel Defendant Fritts Ford
MORA vs FORD MOTOR to Respond to Plaintiff's Special
CVRI2305266
COMPANY Interrogatories, Set One by OCTAVIO
MORA, BARBARA MORA
Tentative Ruling: This matter was stayed as to Fritt’s Ford on 4/22/2024. As such, this motion is
off calendar.
Ruling
202100555658CUOE Christiane Lange Applegate vs. Seed Beauty LLC
Jul 22, 2024 |
Benjamin F. Coats
|
Motion to Approve Settlement Agreement Pursuant to the Private Attorneys General Act |
202100555658CUOE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Tentative Ruling
202100555658CUOE: Christiane Lange Applegate vs. Seed Beauty LLC
07/22/2024 in Department 43
Motion to Approve Settlement Agreement Pursuant to the Private Attorneys General Act
The morning calendar in courtroom 43 will normally begin at 8:45. Please arrive for your hearing
no later than 8:30 a.m. The door will be opened before the calendar is called.
The Court allows appearances by CourtCall and Zoom, but parties must both use the same platform
if appearing remotely. The court’s equipment is not capable of handling mixed remote
appearances. Counsel are expected to cooperate in this regard. Refer to the Courtroom 43 webpage
for more information about remote appearances.
If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you
must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing.
Requests for approval of a CourtCall appearance made on the morning of the hearing will not be
granted. No exceptions will be made.
For Zoom appearances, you must email the court at Courtroom43@ventura.courts.ca.gov with a
simultaneous copy to all other counsel/self-represented parties no later than 3:00 p.m. the court
day before the appearance. INCLUDE THE PHRASE "ZOOM APPEARANCE ON (DATE OF
HEARING)" IN THE SUBJECT LINE OF YOUR EMAIL. You will receive the login information
for your appearance in reply to your email. If appearing by Zoom, log into the hearing no later
than 8:30 a.m. The Court will transfer you to the meeting room when your matter is called. Do not
attempt to appear by Zoom without following these instructions.
With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to
submit on the tentative ruling you can fax notice to Judge Coats's secretary, Ms. McIntyre at 805-
477-5894, stating that you submit on the tentative. Or, you may email
Courtroom43@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of
sending a fax or email. If you submit on the tentative without appearing and the opposing party
appears, the hearing will be conducted in your absence. If you are the moving party and do not
communicate to the Court that you submit on the tentative or you do not appear at the hearing, the
Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing,
the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a),
(b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the
court. A "notice of ruling" in lieu of this procedure is not authorized.
Motion: Plaintiff’s Motion For Approval of Settlement Under Private Attorney General Act
(“PAGA”)
202100555658CUOE: Christiane Lange Applegate vs. Seed Beauty LLC
Tentative Ruling: At 9:43 a.m. on Thursday July 18, 20024, Plaintiff’s counsel filed a Joint Status
Report regarding the Monday July 22, 2024, hearing, stating:
“The Parties intend to proceed with the settlement approval hearing as scheduled. The
Parties are working on finalizing and obtaining signatures to the settlement agreement and
intend on filing the settlement agreement shortly.”
At 4:13pm on the same day, the Court received the declaration of Kawnporn “Mai” Tulyathan,
attaching, among other things, an unsigned “Joint Stipulation of Settlement and Release of PAGA
Claims.”
Neither submission (the Joint Status Report or the Tulyathan declaration) was timely filed or
served on the required parties. The Court intends to continue the hearing to August 12, 2024, so
that all parties, including the LWDA, are provided proper notice and all moving papers. It does
not appear that the LWDA was provided with any of the declarations accompanying the Motion.
Moreover, the Court cannot move forward with this Motion absent a fully-executed settlement
agreement. Absent a fully-executed agreement there is no enforceable agreement for the Court to
consider. Notably, as of June 6, 2024, the parties stated that they were “still continuing to negotiate
one remaining provision in the PAGA settlement agreement that remains unsettled,” and on July
18, 2024, the parties indicated that they were in the process of both finalizing and obtaining
signatures. The nature of the one provision is not articulated and there is no explanation for the
failure to obtain all signatures to the agreement. In short, there is no agreed upon settlement before
the Court and reaching the merits now would be premature.
Moving party is ordered to serve notice of the continuance.
Ruling
MARQUISES vs AMERICAN HONDA MOTOR COMPANY, INC.
Jul 26, 2024 |
Civil Unlimited (Contract/Warranty Breach - Se...) |
23CV040651
23CV040651: MARQUISES vs AMERICAN HONDA MOTOR COMPANY, INC.
07/26/2024 Hearing on Motion to Compel .; filed by ELEANOR A MARQUISES
(Plaintiff) in Department 520
Tentative Ruling - 07/23/2024 Julia Spain
The Motion to Compel PLAINTIFFS NOTICE OF MOTION AND MEMORANDUM OF
POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL
DEFENDANTS COMPLIANCE WITH DEFENDANTS OWN RESPONSE TO PLAINTIFFS
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND DEMAND FOR
MANDATORY MONE filed by ELEANOR A MARQUISES on 06/12/2024 is Withdrawn.
Ruling
CLEMENTS, BOBBY vs ODAY, JEFF
Jul 22, 2024 |
CV-21-002417
CV-21-002417 – CLEMENTS, BOBBY vs ODAY, JEFF – Defendants’ Motion for Terminating and Monetary Sanctions and in the Alternative Evidentiary Sanctions – GRANTED, in part, Denied in part, unopposed.
The Court finds that Plaintiff’s failure to comply with the Court’s order of February 16, 2023, compelling Plaintiff’s responses to Defendant’s properly propounded discovery within fourteen (14) days, as well as Plaintiff’s failure to comply with the Court’s verbal admonishment in that regard at the Case Management Conference of October 30, 2023, constitutes a willful failure to comply with the Court’s orders that warrant the imposition of terminating sanctions against Plaintiff. (Code of Civil Procedure §§2023.010 and 2023.030; Department of Forestry & Fire Protection v. Howell (2017) 226 Cal.Rptr.3d 727, rehearing denied, review denied; Parker v. Wolters Kluwer United States, Inc. (2007), 149 Cal.App.4th 285; Miranda v. 21st Century Ins. Co. (2004), 117 Cal.App.4th 913; Fred Howland Co. v. Superior Court of Los Angeles County (1966) 244 Cal.App.2d 6050.
Monetary Sanctions of attorney’s fees and costs in the sum of $1560.00 are hereby awarded against Plaintiff payable to Defendant’s Counsel, Aleshia M. White within thirty (30) days of service of this order on Plaintiff.
Ruling
GUERRA vs REYNA, et al.
Jul 23, 2024 |
Civil Unlimited (Fraud (no contract)) |
22CV021036
22CV021036: GUERRA vs REYNA, et al.
07/23/2024 Hearing on Motion for Judgment on the Pleadings in Department 22
Tentative Ruling - 07/17/2024 Brad Seligman
The Motion for Judgment on the Pleadings filed by Nancy Cole, Yolanda Reyna on 06/17/2024
is Granted.
Defendants Yolanda Reyna (“Reyna”) and Nancy Cole’s (“Cole”) (collectively “Defendants”)
Unopposed Motion for Judgment on the Pleadings is GRANTED in its entirety with leave to
amend because Plaintiff Gloria Guerra’s form complaint that checks boxes corresponding to
general negligence and fraud fails to allege material facts sufficient to support its conclusory
allegations that negligence and fraud took place. (Code Civ. Proc. §, 438, subd. (d).)
MOTION FOR JUDGMENT ON THE PLEADINGS – LEGAL STANDARD
A motion for judgment on the pleadings performs the same function as a general demurrer but is
made after the time for demurrer has expired. (Cloud v. Northrop Grumman Corp. (1998) 67
Cal.App.4th 995, 999.) Like a demurrer, in a motion for judgment on the pleadings, any defect
upon which a motion for judgment on the pleadings is based must appear on the face of the
pleadings or from a matter which may be judicially noticed. (Code Civ. Proc. §, 438, subd. (d).)
Where the complaint is defective, it ordinarily constitutes an abuse of discretion to sustain a
demurrer without leave to amend if there is a reasonable possibility that the defect can be cured
by amendment. (Aubry v. Tri-City Hospital District (1992) 2 Cal.4th 962, 970–971.)
ANALYSIS
Defendants’ unopposed motion for judgment on the pleadings is granted with leave to amend
because Plaintiff’s form complaint fails to provide a coherent narrative of facts to indicate what
each defendant did to support Plaintiff’s claims against them.
The form complaint attaches seven separate pages of attachments (all titled “Cause of Action -
General Negligence”) which each make various conclusory allegations regarding the distribution
of an inheritance and a property located at 1737 Ustick Road, Modesto, California. While it
remain unclear what actually happened due to the dearth of material facts alleged, it appears that
Reyna was the executor of the trust and Cole persuaded Reyna not to distribute some portion of
the inheritance to Plaintiff. Several conclusory statements regarding embezzlement, grand theft,
criminal fraud, greed, persuasion of the Rena (the executor) to sell her own home to hand over
her life savings and breach of fiduciary duties are alleged without much context. It therefore
remains unclear what actions were taken by each defendant that supports Plaintiff’s claims
against them and what those claims actually are. As Plaintiff’s Complaint fails to state facts
sufficient to state a cause of action for negligence or fraud, Defendants’ unopposed motion for
judgment on the pleadings with granted with leave to amend. (Code Civ. Proc. §, 438, subd. (d).)
In amending her Complaint, Plaintiff should identify the trust at issue (by date, name or
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
22CV021036: GUERRA vs REYNA, et al.
07/23/2024 Hearing on Motion for Judgment on the Pleadings in Department 22
otherwise). In addition, although Plaintiff appears to have filed various declarations over the
course of this litigation, those declarations are not part of her Complaint. The Complaint itself
must state all material facts that Plaintiff claims are relevant to this case.
NEGLIGENCE
To state a cause of action for negligence, a plaintiff must allege material facts to show that:
1) Defendant owed plaintiff a legal duty,
2) Defendant breached that duty, and
3) Defendant’s breach proximately caused Plaintiff’s damages or injuries.
(Thomas v. Stenberg (2012) 206 Cal.App.4th 654, 662.)
FRAUD
To state a cause of action for fraud, a plaintiff must allege material facts to show that:
1) Defendant made a misrepresentation
2) Defendant knew that their representation was false
3) Defendant intended to defraud the plaintiff
4) Defendant induced the plaintiff’s reliance
5) Plaintiff’s reliance was justified, and
6) As a result of Plaintiff’s reliance, Plaintiff was damaged.
(Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.)
Additionally, the cause of action for fraud must state facts that “show how, when, where, to
whom, and by what means the representations were tendered.” (Lazar, supra, 12 Cal.4th at p.
645.)
With these guidelines in mind, Plaintiff is granted leave to amend. Plaintiff shall file her
amended pleading within ten (10) days of the date of this Order.
HOW DO I CONTEST A TENTATIVE RULING?
THROUGH eCOURT
Notify the Court and all the other parties no later than 4:00 PM one court day before the
scheduled hearing, and briefly identify the issues you wish to argue through the following steps:
1. Log into eCourt Public Portal
2. Case Search
3. Enter the Case Number and select “Search”
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
22CV021036: GUERRA vs REYNA, et al.
07/23/2024 Hearing on Motion for Judgment on the Pleadings in Department 22
4. Select the Case Name
5. Select the Tentative Rulings Tab
6. Select “Click to Contest this Ruling”
7. Enter your Name and Reason for Contesting
8. Select “Proceed”
BY EMAIL
Send an email to the DEPARTMENT CLERK (dept22@alameda.courts.ca.gov) and all the other
parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the
department clerk to send invitations to counsel to appear remotely.
Notice via BOTH eCourt AND email is required. The tentative ruling will become the ruling of
the court if no party contests the tentative ruling.
Ruling
SOUTHERN CALIFORNIA INJURED WORKERS, LLC, ET AL. VS AMIGO MANAGEMENT LLC, ET AL.
Jul 26, 2024 |
23SMCV03493
Case Number:
23SMCV03493
Hearing Date:
July 26, 2024
Dept:
M
CASE NAME: Southern
California Injured Workers LLC, v. Amigo Management
CASE NO.: 23SMCV03493
MOTION:
OSC
Re: Preliminary Injunction
HEARING DATE: 7/26/2024
Legal
Standard
Under Code of Civil Procedure
section 526(a), a preliminary injunction may be issued in the following cases:
1)
When it appears by the complaint that the plaintiff is entitled to the relief
demanded, and the relief, or any part thereof, consists in restraining the
commission or continuance of the act complained of, either for a limited period
or perpetually.
2)
When it appears by the complaint or affidavits that the commission or
continuance of some act during the litigation would produce waste, or great or
irreparable injury, to a party to the action.
3)
When it appears, during the litigation, that a party to the action is doing, or
threatens, or is about to do, or is procuring or suffering to be done, some act
in violation of the rights of another party to the action respecting the
subject of the action, and tending to render the judgment ineffectual.
4) When pecuniary compensation would
not afford adequate relief.
5)
Where it would be extremely difficult to ascertain the amount of compensation
which would afford adequate relief.
6)
Where the restraint is necessary to prevent a multiplicity of judicial
proceedings.
7) Where the obligation arises from
a trust.
In determining whether to issue a
preliminary injunction, the trial court considers two factors: 1) the
reasonable probability that the plaintiff will prevail on the merits at trial
(CCP §526(a)(1)); and 2) a balancing of the irreparable harm that the moving
party is likely to sustain if the injunction is denied compared to the harm
that the non-moving party is likely to suffer if the court grants a preliminary
injunction. (CCP §526(a)(2);
14859 Moorpark Homeowners Assn. v. VRT Corp.
(1998) 63 Cal.App.4th 1396, 1402.)
A preliminary injunction is an interim
remedy designed to maintain the status quo pending a decision on the
merits. (
MaJor
v.
Miraverde
Homeowners
Assn.
(1992) 7
Cal.App.4th 618, 623.) [A] cause of action must exist before injunctive
relief may be granted. (
Id
.
(citing
Shell Oil
Co. v. Richter
(1942) 52 Cal.App.2d 164, 168).)
The courts ruling on a preliminary
injunction is not an adjudication of the merits, is not a trial, and does not
require a statement of decision. (
Cohen v. Board of Supervisors
,
(1985) 40 Cal.3d 277, 286.) The judge is not required to state her reasons for
granting or denying a preliminary injunction; a cursory statement is
sufficient. (
City of Los Altos v. Barnes
, (1992) 3 Cal.App.4th
1193, 1198.) A proposed order must be presented to the judge for signature,
with any required undertaking, within one day after the preliminary injunction
is granted, or other time ordered by the judge. (CRC 3.1150(f).)
EVIDENTIARY ISSUES
Cross-Defendants objections to the
Marchant declaration are GRANTED as to nos. 17-24 (foundation, personal
knowledge and legal conclusion). The remainder of objections are OVERRULED.
Cross-Complainants objections to
the Tantuwaya declaration are ruled on as follows:
Sustained as to objections nos.
1 and 43.
Sustained in part as to no. 3,
as to the portion starting with who I later . . ..
Sustained in part as to no. 12,
as to the portion starting with In February of 2022 and in without my knowledge
and/or authority.
Sustained in part as to no. 44,
as to the portion starting with Also, a total of . . . and ending in December
31, 2022.
All other objections are
OVERRULED.
Cross-Complainants objections to
the supplemental Winthrop declaration are OVERRULED. The Court agrees that the attached documents
should have been part of a supplemental request for judicial notice. The Court also agrees that while the Court
may take judicial notice of the documents existence, it cannot take judicial
notice of any factual assertions therein.
Cross-Complainants objections to
the supplemental Marchant declaration are OVERRULED.
Cross-Complainants request for
judicial notice is granted. (Evid. Code § 452(d).)
Cross-Defendants request for
judicial notice is granted. (Evid. Code § 452(d).)
Analysis
Cross-Complainant Funding4Doctors LLC
("Funding") moves for a preliminary injunction, enjoining
Cross-Defendants Injured Worker Medical Group, LLC ("IWMG") and Dr. Vrijesh
S. Tantuwaya from disbursing and/or otherwise dissipating funds collected and
being collected on behalf of Funding pursuant to 30 Masters Receivables Advance
Agreements ("Agreements 1-30"). Specifically, they request the
following order:
(1) Cross-Defendants are ENJOINED
from taking any action whatsoever that will dissipate the funds collected on
account of the thirty (30) Masters Receivables Advance Agreements (Agreements
1-30) as set for in the Verified Cross-Complaint filed by Funding, as well as
the Cross-Complaint filed by IWMG, including, but not limited to, paying,
disbursing, distributing, or otherwise dissipating funds collected and being
collected by IWMG;
(2) Cross-Defendants are ORDERED to
provide Funding with an accounting of all funds collected on account of
Agreements 1-30 within fourteen (14) days of this Order, and to identify all
banks and/or financial institutions at which such funds are being held; and
(3) Cross-Defendants are ORDERED to
provide a copy of this Order by Certified Mail to any and all banks and
financial institutions at which such funds are being held.
Funding reasons that it will succeed
on the merits of their contract claims because the Agreements are admitted by
IWMG and personally guaranteed by Dr. Tantuwaya. Further, Funding will suffer great
and irreparable injury because Cross-Defendants may use and/or distribute the
amounts that are due under the Agreements, and by the time the case is over,
there may be no money left. (See
Dodge, Warren & Peters Ins. Svcs., Inc.
v. Riley
(2003) 105 Cal.App.4th 1414 [an injunction may be granted when a
party to the action is doing or threatens an act in violation of another
party's rights and tending to render the judgment ineffectual].)
Funding does not meet its burden to
show its irreparable harm, such that the balance of equities favors an
injunction. Funding cites no substantive evidence that IWMG or Dr. Tantuwaya are
dissipating the disputed funds rendering ineffectual any resulting judgment. Funding
merely asserts in conclusory terms that the funds are at risk of dissipation
by Cross-Defendants IWMG and Dr. Tantuwaya as they are attempting to use the
funds due to Funding for their own benefit to pay restitution to IWMG and Dr.
Tantuwaya's victims in the open and ongoing criminal investigation against Dr.
Tantuwaya. (Marchant Decl., ¶ 18.) Cross-Defendants deny this assertion.
(Krieger Decl., ¶¶ 4-6.) Indeed, restitution could not be owed in an open and
ongoing criminal investigation. IWMG and Dr. Tantuwaya also present evidence
that they continue to generate funds and receivables through their ongoing
medical practices. (Tantuwaya Decl., ¶ 122.) Any judgment against them would therefore
not be ineffectual. Funding therefore fails to demonstrate irreparable harm.
Accordingly, the motion is DENIED.
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**** CASE NUMBER: 502024CA006205XXXAMB Div: AD **** Filing # 201800177 E-Filed 07/02/2024 03:00:32 PM IN THE OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA JUAN COMAS, Plaintiff, v. Case No.: AMERICAN PLATINUM CASUALTY & PROPERTY INSURANCE COMPANY, Defendants. / COMPLAINT Plaintiff, JUAN COMAS (hereinafter the “Plaintiff”), sues Defendant, American Platinum Casualty & Property Insurance Company (hereinafter “Defendant”), and alleges: PARTIES, JURISDICTION AND VENUE 1. This is an action for damages that is in excess of $50,000.00 exclusive of interest, costs and attorney’s fees. 2. At all times material hereto, Plaintiff, JUAN COMAS, has been a resident of Palm Beach County, Florida. 3. The home itself and the homeowner’s policy of insurance involved herein was issued by Defendant, American Platinum Casualty & Property Insurance Company, to Plaintiff, JUAN COMAS, of Palm Beach County, Florida. 4. At all times material hereto, Defendant, American Platinum Casualty & Property Insurance Company, has been qualified to do business in Florida and has, at all times material hereto, been conducting business and maintaining agents for the transaction of its customary business in Palm Beach County, Florida. FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/02/2024 03:00:32 PM Jurisdiction and Venue 5. This Court has subject matter jurisdiction over the claims asserted herein because the total amount in controversy exceeds $50,000.00, exclusive of interest and costs. 6. Venue is proper in Palm Beach County, Florida because the contract, which forms the subject matter of the lawsuit, was executed in Palm Beach County, Florida and the subject property is located in Palm Beach County, Florida. 7. All conditions precedent to the filing of this lawsuit have occurred, have been waived or have been performed. GENERAL ALLEGATIONS 8. Plaintiff purchased and paid the premium for a policy of homeowner’s insurance from Defendant, Policy Number 1504-2200-2657-02 (the “Policy’), for the property located at 1063 Concert Way,Royal Palm Beach, FL 33411(the “Insured Property.”) 9. The Policy was in full force and effect at all relevant times to this lawsuit. If a true and correct copy of the Policy is in Plaintiff’s possession, then the policy is attached hereto and incorporated herein as composite Exhibit “A”. Alternatively, if the policy is not attached, then same is not in Plaintiff’s possession and has been requested in discovery. See Equity Premium Twin Cities Fire Insurance Co., 956 So.2d 1257 (Fla. 4th DCA 2007). Inc. v. 10. That the damage to Plaintiff’s property, due to, inter alia, Wind, and any and all claims and losses of JUAN COMAS for the loss on or about 9/28/2022 12:00:00 AM, fall within coverage afforded under the policy of insurance issued by the Defendant, American Platinum Casualty & Property Insurance Company, Policy No. 1504-2200-2657-02. 11. The Plaintiff submitted to Defendant an estimate of damages incurred by the Plaintiff as a result of the loss. A true and correct copy of the estimate is attached hereto and incorporated herein as composite Exhibit “B”. 12. The Plaintiff submitted to Defendant copy of a Mitigation Invoice incurred by the Plaintiff as a result of the loss. A true and correct copy of the invoice is attached hereto and incorporated herein as composite Exhibit “C”. 13. American Platinum Casualty & Property Insurance Company assigned claim number FL23-0200425-A322 to the Loss. 14. The Defendant wrongfully denied Plaintiff’s claim. The loss to the insured’s Property was a direct physical loss and therefore, is a covered peril under the policy. 15. The Plaintiff has suffered and continues to suffer damages resulting from Defendant’s breach of the Policy. 16. Accordingly, on or about , Plaintiff made application to Defendant for insurance benefits under the Policy. 17. American Platinum Casualty & Property Insurance Company has failed to pay all benefits to which Plaintiff is entitled under the Policy. 18. All conditions precedent to obtaining payment of insurance benefits under the Policy, and to the filing of this action have been fulfilled, satisfied, waived or excused. COUNT I – BREACH OF CONTRACT 19. The Plaintiff realleges paragraphs 1 through 17 as if fully set forth herein and further allege: 20. It is undisputed that the Insured and American Platinum Casualty & Property Insurance Company entered into a written contract, the Policy, wherein the Insured agreed to pay a premium and American Platinum Casualty & Property Insurance Company agreed to insure the Insured’s Property. 21. The Insured has paid all premiums due and owing as contemplated by the Policy; thus, fully performing the policy. 22. The Insured’s Property sustained damage which American Platinum Casualty & Property Insurance Company agreed to provide coverage for under the terms of the Policy. 23. The Defendant’s denial of coverage and/or refusal to pay the full amount of the claim was contrary to the terms of the Policy or Florida law, or both, and same was a breach of the contract of insurance. 24. That as a direct and proximate cause of the Defendant’s breach in refusal to pay the full amount of the Plaintiff’s claim, the Plaintiff has been damaged in an amount to be determined at trial. 25. Defendant’s refusal to pay the due and owing insurance proceeds required Plaintiff to retain the undersigned counsel, and Juan Comas has become obligated for attorney fees and costs in connection with the prosecution of this action. (Section 627.428, Florida Statutes, provides for the payment of attorney’s fees in the event that American Platinum Casualty & Property Insurance Company wrongfully denies or underpays a property damage insurance claim.) WHEREFORE, the Plaintiff, JUAN COMAS demands judgment against the Defendant, American Platinum Casualty & Property Insurance Company, for damages including, but not limited to, damage to the premises, its contents, loss of use, costs, interest as allowed by law, reasonable attorney’s fees pursuant to Section 627.428, Florida Statutes, and such other relief as this Court deems just and proper. DEMAND FOR JURY TRIAL The Plaintiff demand trial by jury on all issues so triable. By: //s// Sylvia Dell’Armi Sylvia E. Dell’Armi, Esquire FBN: 1022307 Dell’Armi Law Firm 2975 Bee Ridge Rd. Suite D Sarasota, FL 34239 Sylvia@dellarmilaw.com service@dellarmilaw.com EXHIBIT A American Platinum Property and Casualty Insurance Homeowners Company, AMERICAN. PLATINUM A Stock Company Declaration Effective PROPERTY AND CASUALTY INSURANCE COMPANY c/o Evolution Risk Advisors, Inc. 6/6/2023 1110 W. Commercial Blvd Fort Lauderdale, FL 33309 AMENDED: Insured Change THIS IS NOT A BILL For Policy or Claims Questions Contact Your Agent Listed Below Policy Number I FROM Policy Period TO [INSURED BILLED] I Agent Code 1504-2200-2657-02 I 06/20/2022 06/20/2023 12:01 AM Standard Time I FL33286 Named Insured and Address Agent Name and Address JUAN COMAS Clovered, Inc. 1063 Concert Way 1110 W. Commercial Blvd Royal Palm Beach, FL 33411 Fort Lauderdale, FL 33309 (561) 541-8704 (833) 255-4117 Insured Location 1063 CONCERT WAY ROYAL PALM BEACH, FL 33411 PALM BEACH COUNTY Premium Summary Basic Coverages Attached Endorsements Total Policy Premium Premium Premium Assessments / Surcharges MGA Fees/Policy Fees (Including Assessments & Surcharges) $7,642.00 ($4,878.00) $0.00 $46.35 $2,810.35 Rating Information Townhouse/ Number of Protection Form Construction Year Rowhouse Families Occupied Class Territory BCEG HOB Masonry 1979 N y 2 38 99 Dwelling Personal Property Protective Device Credits: County Replacement Cost Replacement Cost Burglar Fire Sprinkler Palm Beach N N N N N We--wfilpr-cviae-tl'lec-insuraAea---eleSGr-iaed-iA--this.,po!iG-y-in r-etu-1+1-fur tAe-premlum _and compliancawitb.allap.p!icabl.e-pro\!isjons_ � of this policy. For renewals: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of the current policy period or else this policy will expire. Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the conditions of this policy. COVERAGES - SECTION I LIMITS PREMIUMS COVERAGES - SECTION II LIMITS PREMIUMS Coverage A - Dwelling $201,669 $7,642.00 Coverage E - Personal Liability $100,000 $0.00 Coverage B - Other Structure $20,169 Coverage F - Medical Payments $1,000 $0.00 Coverage C - Personal Property $100,835 Coverage D - Loss of Use $20,167 NOTE: The portion of your premium for hurricane coverage is: $1,206.60 The portion of your premium for all other coverages is: $1,603.75 Section I Coverages Subject to a 2.0% of Coverage A - $4,033 Hurricane Deductible Per Calendar Year. Section I Coverages Subject to $2,500 All Other Perils (Non-Hurricane, Non-Sinkhole) Deductible Per Loss. The Ordinance or Law Coverage amount is 25% of Coverage A - $50,417 THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES WHICH MAY RESULT IN HIGH OUT OF-POCKET EXPENSES TO YOU. Flood coverage Is not provided by American Platinum Property and Casualty Insurance Company and is not part of this ��r� policy. ------------------------ Clovered, Inc. Countersi nature Date Chief Executive Officer APPCIC HO DEC 15 03 23 Printed Date: 6/7/2023 3:51 :10 AM 1 of 3 1 Prima Public Adjusters EXHIBIT B 9987 BOCA GARDENS TRAIL UNIT A BOCA RATON, FL 33496 Insured: Juan Comas Property: 1063 Concert Way Royal Palm Beach , FL 33411 Claim Rep.: Jairo Munoz Company: Prima Public Adjusters Estimator: Precision Estimators, LLC. Business: (786) 442-5903 Company: Precision Estimators Claim Number: FL23-0200425-A322 Policy Number: 1504-2200-2657-02 Type of Loss: Hurricane Date of Loss: 9/28/2022 12:00 AM Date Received: Date Inspected: Date Entered: 9/1/2023 2:04 PM Price List: FLWB8X_SEP23 Restoration/Service/Remodel Estimate: COMAS_15042200265702 Valued Client, Please find attached itemized estimate for the loss that occurred at the property at the property located at the address listed above. This estimate represents the damage to the covered loss that could be observed at the time of inspection. If any additional damage is found, please document findings with photos or video and contact your representative to further evaluate findings. This estimate was structured using the most current Price List(s) available from Xactware, contact your representative if you have any questions in regards to this estimate or claim. Pursuant to the Florida Statute 817.234 "Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree." 2 Prima Public Adjusters 9987 BOCA GARDENS TRAIL UNIT A BOCA RATON, FL 33496 COMAS_15042200265702 Main Level 7' 6" Kitchen Height: 8' 7' 200.00 SF Walls 56.00 SF Ceiling 256.00 SF Walls & Ceiling 56.00 SF Floor 8' 6" 8' 4" 8' Kitchen 6.22 SY Flooring 24.00 LF Floor Perimeter 30.00 LF Ceil. Perimeter 6' 1' 4" Missing Wall - Goes to Floor 6' X 6' 8" Opens into DINING_AREA DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL CONTENTS CONSIDERATIONS 1. Floor protection - heavy paper and 56.00 SF 0.00 0.56 0.27 6.34 37.97 tape 2. Floor protection - plastic and tape - 56.00 SF 0.00 0.36 0.47 4.14 24.77 10 mil 3. Protect contents - Cover with plastic 56.00 SF 0.00 0.25 0.31 2.86 17.17 4. Contents - move out then reset - 1.00 EA 0.00 121.78 0.00 24.36 146.14 Large room CEILING 5. Recessed light fixture - Detach & 4.00 EA 0.00 142.90 0.00 114.32 685.92 reset entire unit 6. R&R Heat/AC register - 1.00 EA 3.79 25.64 0.63 6.00 36.06 Mechanically attached 7. R&R Smoke detector 1.00 EA 16.78 69.39 1.80 17.60 105.57 8. R&R Batt insulation - 10" - R30 - 32.00 SF 0.55 1.71 2.69 15.00 90.01 unfaced batt 9. R&R Blown-in insulation - 10" 32.00 SF 1.31 1.31 2.11 17.18 103.13 depth - R26 10. R&R 5/8" drywall - hung, taped, 32.00 SF 0.63 3.50 1.64 26.76 160.56 floated, ready for paint WALL 11. R&R Outlet or switch cover 5.00 EA 0.94 3.89 0.33 4.90 29.38 12. R&R 220 volt outlet cover 1.00 EA 0.94 7.96 0.25 1.84 10.99 13. Phone, TV, or speaker outlet - 1.00 EA 0.00 33.00 0.00 6.60 39.60 Detach & reset 14. Window blind - horizontal or 1.00 EA 0.00 42.75 0.00 8.56 51.31 vertical - Detach & reset 15. Refrigerator - Remove & reset 1.00 EA 0.00 59.34 0.00 11.86 71.20 16. Range - drop in - Detach & reset 1.00 EA 0.00 182.11 0.00 36.42 218.53 17. Microwave oven - over range or 1.00 EA 0.00 159.33 0.00 31.86 191.19 drawer type- Detach & reset GENERAL CONSIDERATIONS COMAS_15042200265702 9/6/2023 Page: 2 3 Prima Public Adjusters 9987 BOCA GARDENS TRAIL UNIT A BOCA RATON, FL 33496 CONTINUED - Kitchen DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 18. Mask more than the walls per 256.00 SF 0.00 0.31 1.25 16.14 96.75 square foot - plastic and tape - 4 mil 19. Seal the walls and ceiling w/PVA 256.00 SF 0.00 0.73 1.08 37.60 225.56 primer - one coat 20. Seal & texture paint more than the 256.00 SF 0.00 1.42 6.09 73.92 443.53 walls 21. Paint the walls and ceiling - two 256.00 SF 0.00 1.25 5.56 65.12 390.68 coats 22. Paint door/window trim & jamb - 2 2.00 EA 0.00 40.18 0.86 16.26 97.48 coats (per side) 23. Final cleaning - construction - 312.00 SF 0.00 0.36 0.00 22.46 134.78 Residential Totals: Kitchen 25.34 568.10 3,408.28 6' 1' Dining Area Height: 8' 4" 140.00 SF Walls 57.33 SF Ceiling 197.33 SF Walls & Ceiling 57.33 SF Floor 8' 6" 8' Dining Area 6.37 SY Flooring 16.50 LF Floor Perimeter 22.50 LF Ceil. Perimeter 7' 2" 7' 6" Missing Wall - Goes to Floor 6' X 6' 8" Opens into KITCHEN Missing Wall 8' X 8' Opens into LIVING_ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL CONTENTS CONSIDERATIONS 24. Floor protection - heavy paper and 57.33 SF 0.00 0.56 0.28 6.48 38.86 tape 25. Floor protection - plastic and tape - 57.33 SF 0.00 0.36 0.48 4.22 25.34 10 mil 26. Protect contents - Cover with 57.33 SF 0.00 0.25 0.32 2.92 17.57 plastic 27. Contents - move out then reset - 1.00 EA 0.00 121.78 0.00 24.36 146.14 Large room WALL 28. R&R Outlet or switch cover 4.00 EA 0.94 3.89 0.26 3.94 23.52 29. Phone, TV, or speaker outlet - 1.00 EA 0.00 33.00 0.00 6.60 39.60 Detach & reset 30. Window blind - horizontal or 1.00 EA 0.00 42.75 0.00 8.56 51.31 vertical - Detach & reset 31. Mirror - plate glass - Detach & 4.00 SF 0.00 7.69 0.00 6.16 36.92 reset COMAS_15042200265702 9/6/2023 Page: 3 4 Prima Public Adjusters 9987 BOCA GARDENS TRAIL UNIT A BOCA RATON, FL 33496 CONTINUED - Dining Area DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL GENERAL CONSIDERATIONS 32. Mask more than the walls per 197.33 SF 0.00 0.31 0.97 12.44 74.58 square foot - plastic and tape - 4 mil 33. Seal the walls and ceiling w/PVA 197.33 SF 0.00 0.73 0.83 28.98 173.86 primer - one coat 34. Seal & texture paint more than the 197.33 SF 0.00 1.42 4.70 56.98 341.89 walls 35. Paint the walls and ceiling - two 197.33 SF 0.00 1.25 4.28 50.20 301.14 coats 36. Paint door/window trim & jamb - 2 1.00 EA 0.00 40.18 0.43 8.12 48.73 coats (per side) 37. Final cleaning - construction - 254.67 SF 0.00 0.36 0.00 18.34 110.02 Residential Totals: Dining Area 12.55 238.30 1,429.48 Hallway 5' 4' 8" 4' 2" 5' 2" Living Room Height: 8' 8' 4" 8' Kitchen 354.73 SF Walls 231.47 SF Ceiling 16' 8" 586.20 SF Walls & Ceiling 231.47 SF Floor 16' 8" Living Room 25.72 SY Flooring 44.34 LF Floor Perimeter 8' Dining Area 44.34 LF Ceil. Perimeter 7' 1" 6' 1' 1" 7' 5" Missing Wall 8' X 8' Opens into DINING_AREA Missing Wall 4' 1 15/16" X 8' Opens into ENTRY Missing Wall 4' 8" X 8' Opens into HALLWAY DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL CONTENTS CONSIDERATIONS 38. Floor protection - heavy paper and 231.47 SF 0.00 0.56 1.13 26.14 156.89 tape 39. Floor protection - plastic and tape - 231.47 SF 0.00 0.36 1.94 17.04 102.31 10 mil 40. Protect contents - Cover with 231.47 SF 0.00 0.25 1.30 11.84 71.01 plastic 41. Contents - move out then reset - 1.00 EA 0.00 121.78 0.00 24.36 146.14 Large room WALL 42. R&R Outlet or switch cover 6.00 EA 0.94 3.89 0.39 5.86 35.23 43. Phone, TV, or speaker outlet - 1.00 EA 0.00 33.00 0.00 6.60 39.60 Detach & reset 44. Window blind - horizontal or 1.00 EA 0.00 42.75 0.00 8.56 51.31 vertical - Detach & reset COMAS_15042200265702 9/6/2023 Page: 4 5 Prima Public Adjusters 9987 BOCA GARDENS TRAIL UNIT A BOCA RATON, FL 33496 CONTINUED - Living Room DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 45. Door bell/chime - Detach & reset 1.00 EA 0.00 64.43 0.00 12.88 77.31 46. Thermostat - Detach & reset 1.00 EA 0.00 62.31 0.00 12.46 74.77 47. Cold air return cover - Detach & 1.00 EA 0.00 25.45 0.00 5.10 30.55 reset 48. TV Brackets - Wall or ceiling 1.00 EA 0.00 62.26 0.00 12.46 74.72 mounted - Detach & reset GENERAL CONSIDERATIONS 49. Mask more than the walls per 586.20 SF 0.00 0.31 2.87 36.92 221.51 square foot - plastic and tape - 4 mil 50. Seal the walls and ceiling w/PVA 586.20 SF 0.00 0.73 2.46 86.08 516.47 primer - one coat 51. Seal & texture paint more than the 586.20 SF 0.00 1.42 13.95 169.28 1,015.63 walls 52. Paint the walls and ceiling - two 586.20 SF 0.00 1.25 12.72 149.10 894.57 coats 53. Paint door/window trim & jamb - 2 1.00 EA 0.00 40.18 0.43 8.12 48.73 coats (per side) 54. Final cleaning - construction - 817.67 SF 0.00 0.36 0.00 58.88 353.24 Residential Totals: Living Room 37.19 651.68 3,909.99 4' 8" Entry Height: 8' 8" 2' 6" 4" 4' 4' 9" 138.61 SF Walls 33.13 SF Ceiling 4' 5" 1' 10" 171.74 SF Walls & Ceiling 33.13 SF Floor 2' 2" Entry 3.68 SY Flooring 17.33 LF Floor Perimeter 1' 1" 2' 6" 3' 2" 17.33 LF Ceil. Perimeter 1' 5" 4' 2" Missing Wall 3' 2" X 8' Opens into HALLWAY Missing Wall 4' 1 15/16" X 8' Opens into LIVING_ROOM DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL CONTENTS CONSIDERATIONS 55. Floor protection - heavy paper and 33.13 SF 0.00 0.56 0.16 3.76 22.47 tape 56. Floor protection - plastic and tape - 33.13 SF 0.00 0.36 0.28 2.44 14.65 10 mil 57. Protect contents - Cover with 33.13 SF 0.00 0.25 0.19 1.70 10.17 plastic 58. Contents - move out then reset 1.00 EA 0.00 81.19 0.00 16.24 97.43 WALL COMAS_15042200265702 9/6/2023 Page: 5 6 Prima Public Adjusters 9987 BOCA GARDENS TRAIL UNIT A BOCA RATON, FL 33496 CONTINUED - Entry DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 59. R&R Outlet or switch cover 2.00 EA 0.94 3.89 0.13 1.96 11.75 GENERAL CONSIDERATIONS 60. Mask more than the walls per 171.74 SF 0.00 0.31 0.84 10.80 64.88 square foot - plastic and tape - 4 mil 61. Seal the walls and ceiling w/PVA 171.74 SF 0.00 0.73 0.72 25.22 151.31 primer - one coat 62. Seal & texture paint more than the 171.74 SF 0.00 1.42 4.09 49.60 297.56 walls 63. Paint the walls and ceiling - two 171.74 SF 0.00 1.25 3.73 43.68 262.09 coats 64. Paint door/window trim & jamb - 2 3.00 EA 0.00 40.18 1.28 24.36 146.18 coats (per side) 65. Final cleaning - construction - 204.88 SF 0.00 0.36 0.00 14.76 88.52 Residential Totals: Entry 11.42 194.52 1,167.01 Hallway Height: 8' 13' 7" Entry 2' 9" 2' 6" 2' 5" 13' 7" 266.67 SF Walls 53.33 SF Ceiling 3' 2" Hallway 5' 8" 6" 5' 4' 8" 320.00 SF Walls & Ceiling 53.33 SF Floor 2' 6" 5.93 SY Flooring 33.33 LF Floor Perimeter 2' 5" 2' 6" 6" 9" 33.33 LF Ceil. Perimeter Missing Wall 4' 8" X 8' Opens into LIVING_ROOM Missing Wall 3' 2" X 8' Opens into ENTRY DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL CONTENTS CONSIDERATIONS 66. Floor protection - heavy paper and 53.33 SF 0.00 0.56 0.26 6.04 36.16 tape 67. Floor protection - plastic and tape - 53.33 SF 0.00 0.36 0.45 3.94 23.59 10 mil 68. Protect contents - Cover with 53.33 SF 0.00 0.25 0.30 2.72 16.35 plastic 69. Contents - move out then reset 1.00 EA 0.00 81.19 0.00 16.24 97.43 WALL 70. R&R Outlet or switch cover 2.00 EA 0.94 3.89 0.13 1.96 11.75 GENERAL CONSIDERATIONS 71. Mask more than the walls per 320.00 SF 0.00 0.31 1.57 20.16 120.93 square foot - plastic and tape - 4 mil COMAS_15042200265702 9/6/2023 Page: 6 7 Prima Public Adjusters 9987 BOCA GARDENS TRAIL UNIT A BOCA RATON, FL 33496 CONTINUED - Hallway DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 72. Seal the walls and ceiling w/PVA 320.00 SF 0.00 0.73 1.34 46.98 281.92 primer - one coat 73. Seal & texture paint more than the 320.00 SF 0.00 1.42 7.62 92.40 554.42 walls 74. Paint the walls and ceiling - two 320.00 SF 0.00 1.25 6.94 81.38 488.32 coats 75. Paint door/window trim & jamb - 2 3.00 EA 0.00 40.18 1.28 24.36 146.18 coats (per side) 76. Final cleaning - construction - 373.34 SF 0.00 0.36 0.00 26.88 161.28 Residential Totals: Hallway 19.89 323.06 1,938.33 Total: Main Level 106.39 1,975.66 11,853.09 Roof Structure 45' Roof1 16' 4" 15' 6" F1 (A) 1,787.21 Surface Area 17.87 Number of Squares 31' 3' 2" Roof1 180.71 Total Perimeter Length 69.52 Total Ridge Length 16' 4" 15' 6" F2 (B) 18 '2 " Roof2 (1) 20' 12' F3 (A) F4 (B) 25' 1" DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 77. Remove Laminated - comp. 17.87 SQ 80.99 0.00 0.00 289.46 1,736.75 shingle rfg. - w/out felt 78. Laminated - comp. shingle rfg. - 18.00 SQ 0.00 342.55 165.51 1,266.28 7,597.69 w/out felt 79. Roofing felt - 30 lb. 17.87 SQ 0.00 61.10 20.95 222.58 1,335.39 80. R&R Sheathing - plywood - 1/2" 1,787.21 SF 0.85 3.31 105.09 1,507.98 9,047.87 CDX 81. Re-nailing of roof sheathing - 1,787.21 SF 0.00 0.41 1.25 146.82 880.83 complete re-nail 82. Water barrier joint taping - Mod. 1,787.21 SF 0.00 0.44 8.76 159.04 954.17 bitumen - 4" seam tape 83. Ice & water barrier 1,787.21 SF 0.00 2.45 58.80 887.50 5,324.96 84. Asphalt starter - laminated double 180.71 LF 0.00 6.55 25.81 241.90 1,451.36 layer starter 85. Add. layer of comp. shingles, 17.87 SQ 50.27 0.00 0.00 179.66 1,077.98 remove & disp. - Laminated 86. R&R Hip / Ridge cap - cut from 3 69.52 LF 4.78 6.69 6.47 160.78 964.65 tab - composition shingles COMAS_15042200265702 9/6/2023 Page: 7 8 Prima Public Adjusters 9987 BOCA GARDENS TRAIL UNIT A BOCA RATON, FL 33496 CONTINUED - Roof1 DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 87. R&R Drip edge/gutter apron 180.71 LF 0.50 4.20 17.71 173.42 1,040.47 88. R&R Valley metal 36.38 LF 0.88 8.75 6.44 71.34 428.12 89. R&R Fascia - 1" x 4" - #1 pine 180.71 LF 0.51 5.23 16.82 210.82 1,264.91 90. R&R Soffit - metal 180.71 SF 0.46 6.46 47.06 259.52 1,557.10 91. R&R Hip / Ridge flashing 105.91 LF 0.88 10.90 24.39 254.40 1,526.41 92. Step flashing 180.71 LF 0.00 16.09 24.92 586.50 3,519.04 93. R&R Flashing - pipe jack 2.00 EA 10.65 74.06 2.56 34.40 206.38 94. R&R Exhaust cap - through roof - 2.00 EA 13.58 139.76 7.07 62.76 376.51 6" to 8" 95. R&R Gutter / downspout - 180.71 LF 0.76 8.35 66.03 342.44 2,054.74 aluminum - up to 5" 96. Prime & paint exterior fascia - 180.71 LF 0.00 2.15 2.40 78.18 469.11 wood, 4"- 6" wide 97. Prime & paint exterior soffit - 180.71 SF 0.00 2.60 3.67 94.72 568.24 metal 98. Prime & paint roof vent 2.00 EA 0.00 43.20 1.09 17.50 104.99 99. Prime & paint roof jack 2.00 EA 0.00 43.20 1.09 17.50 104.99 Totals: Roof1 613.89 7,265.50 43,592.66 Total: Roof Structure 613.89 7,265.50 43,592.66 Exterior Properties DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL FENCE 100. R&R Wood fence 5'- 6' high - 224.00 LF 9.46 38.17 397.33 2,213.28 13,279.73 cedar or equal 101. R&R Wood gate 5'- 6' high - 8.00 LF 9.46 60.13 20.32 115.40 692.44 cedar or equal TREE/FOLIAGE DEBRIS 102. Tree - removal and disposal - per 8.00 HR 113.34 0.00 0.00 181.34 1,088.06 hour including equipment POOL/PATIO ENCLOSURE 103. R&R Patio/pool Enclosure - Full 289.00 SF 1.25 5.10 46.93 376.42 2,258.50 Screen 104. R&R Patio Cover - Roof panels 289.00 SF 1.03 8.58 107.02 576.86 3,461.17 only - Heavy load 105. R&R Screen door - metal - 30" - 1.00 EA 27.26 186.92 8.40 44.52 267.10 36" - full screen (no glass) EXTERIOR ELEVATION COMAS_15042200265702 9/6/2023 Page: 8 9 Prima Public Adjusters 9987 BOCA GARDENS TRAIL UNIT A BOCA RATON, FL 33496 CONTINUED - Exterior Properties DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 106. Exterior - paint two coats 1,807.10 SF 0.00 1.36 53.13 502.16 3,012.95 107. Exterior light fixture - Detach & 2.00 EA 0.00 100.76 0.00 40.30 241.82 reset 108. Door numbers/letters - D