Preview
Filing # 106493907 E-Filed 04/21/2020 10:58:55 AM
IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA.
JESUS VILLEDA AND JHANETH
VILLEDA,
CASE NO: CACE-19-021344
Plaintiff(s),
vs.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant. /
DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through the
undersigned counsel, requests that Plaintiffs, JESUS VILLEDA AND JHANETH VILLEDA,
produce the following documents at the offices of undersigned counsel within the time provided
under Florida Rule of Civil Procedure 1.350.
DEFINITIONS AND INSTRUCTIONS
A. As used herein, the following words shall have the meanings indicated:
(i) "you" or "your" shall refer to the Plaintiffs, JESUS VILLEDA AND JHANETH
VILLEDA, and to any person or entity acting on their behalf;
(ii) "person" shall mean and include natural persons, corporations, partnerships,
associations, joint ventures, proprietorships, entities and all other forms of organization or
association;
(iii) "or" shall mean and/or;
(iv) "and" shall mean and/or;
(v) "document" shall mean any kind of written, typed, recorded, or graphic matter,
however produced or reproduced, of any kind or description, whether sent or received, including
originals, non-identical copies and drafts and both sides thereof, and including but not limited to:
papers, books, letters, correspondence, telegrams, bulletins, notices, announcements, instructions,
charts, manuals, brochures, schedules, cables telex messages, memoranda, notes, notations,
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/21/2020 10:58:54 AM.****Villeda v. Citizens
Case No..: CACE-19-021344
accountants’ working papers, transcripts, minutes, agendas, reports and recordings of telephone or
other conversations, of interviews, of conferences or of other meetings, affidavits, statements,
summaries, opinions, seconds, reports, studies, analyses, evaluations, contracts, agreements,
journals, statistical records, desk calendars, appointment books, diaries, lists, tabulations, sound
recordings, computer print-outs, data processing input and output, microfilms, all other records
kept by electronic, photographic or mechanical means, and things similar to any of the foregoing,
however denominated by Plaintiffs.
B. The term “Plaintiff(s)” shall mean JESUS VILLEDA AND JHANETH VILLEDA.
Cc. The term “Defendant” shall mean CITIZENS PROPERTY INSURANCE
CORPORATION.
D. The term “Property,” or “Subject Property,” shall mean the subject property located at
12708 NW 15" Street, Sunrise, Florida 33323.
E. The term “Loss” refers to any claimed damage to the Subject Property that Plaintiffs allege
occurred on or about May 27, 2019.
F. The term “Claim” refers to the insurance claim Plaintiffs made to Defendant for the alleged
Loss to the Subject Property reportedly occurring on or about May 27, 2019.
G. To the extent any request calls for documentation which cannot now be precisely and
completely furnished, such information as can be furnished should be included in the answer,
together with a statement that the further information cannot be furnished, and a statement as to
the reasons therefore. If the information which cannot now be furnished is believed to be available
to another person, identify such other person and the reasons for believing such person has the
described information.
2|Page10.
11.
Villeda v. Citizens
Case No..: CACE-19-021344
DEFENDANT’S REQUEST FOR PRODUCTION TO PLAINTIFFS
Any and all written notices provided by Plaintiffs and/or Plaintiffs’ agents to Defendant or
its agents or representatives concerning the Loss.
All correspondence and documents between Plaintiffs and/or Plaintiffs’ agents or
representatives and Defendant or Defendant’s representatives pertaining to the Loss. All
enclosures or attachments to each communication along with any proof of mailing should
also be produced.
Any and all memorandums or notes representing telephone conversations between any and
all parties to this lawsuit, with regard to the insurance and/or Loss on which this suit is
based.
All correspondence, documents, reports or other memorandum by and between the
Plaintiffs and any plumber, engineer, or other professional who rendered an opinion as to
the causation of the alleged damages at the Subject Property for the Loss.
Any and all reports received from experts expected to be called at trial, pertaining to the
Loss.
Any and all police reports, fire reports, official reports, incident reports or other reports
pertaining to the Loss.
Any and all documentation evidencing payment for any services, materials purchased
and/or repairs to the Subject Property necessitated by the Loss. This includes, but is not
limited to, cancelled checks, check registers, debit/credit card statements, bank statements,
receipts, invoices, and any other documentation.
All invoices, estimates, payment stubs, receipts or other documents evidencing any and all
renovation, maintenance or repairs performed or to be performed upon any part of the
Subject Property now claimed as damaged as a result of the Loss.
Any and all written agreements, contracts, correspondences, estimates, and/or all other
documentation between Plaintiffs and/or Plaintiffs’ agents and any public adjuster,
engineer, loss consultant, architect, estimator, plumber, roofer, remediation company, or
repair person relating in any manner to the Loss described in the Complaint, including but
limited to any such documentation that discusses or identifies the cause and origin of the
Loss.
All documents that Plaintiffs are relying on or will rely upon to support their contention
that Plaintiffs kept an accurate record of repair expenses for reasonable and necessary
repairs to protect the Property from further damage.
All photographs and video depictions of the Subject Property by the Plaintiffs and/or
Plaintiffs’ agent related to the Loss.
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14.
15.
16.
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21.
22.
23.
24.
Villeda v. Citizens
Case No..: CACE-19-021344
All documents that substantiate, reflect, evidence, or summarize all damage for the Subject
Property that you allege resulted from the Loss.
All inspection reports, appraisals, valuations, or other reports, which relate to water damage
to the Subject Property.
All photographs, videos, correspondence, and any documents pertaining to the
construction, maintenance, repair, replacement or renovation to the Subject Property,
including but not limited to all notices of commencement, certificates of occupancy or
completion, building permits / permit applications and all supporting documentation.
All documents pertaining to the construction, maintenance, repair, or replacement of any
damaged areas at the Subject Property, and all quotes, estimates and invoices for any work
or prospective work performed at the Subject Property caused by the Loss.
Copies of all inspections, reports, estimates, evaluations, surveys, sketches, (including but
not limited to, any engineering reports, moisture intrusion reports), and any photographs
taken by anyone who performed an inspection or repairs/renovations to the subject
Property as a result of the alleged damages claimed under the policy.
A copy of all engineering or home inspection reports prepared for the Subject Property,
from at or around the time that Plaintiff purchased the Subject Property to present.
All documents evidencing Plaintiffs’ ownership interest in the Subject Property, including,
but not limited to: Mortgage Notes, Home Equity Lines of Credit, Deeds and Sale and
Purchase Agreements.
All records, including but not limited to invoices, estimates, drylogs, sketch, logs, bills,
payments, reports, and receipts relating to water extraction, water mitigation, mold
remediation, water dry out services and any mitigation and/or remediation services
involving any areas of the Subject Property that were performed as a result of the Loss.
All correspondence between you/your agents and any mitigation and/or remediation
company/agents concerning the Loss. All enclosures or attachments to each
communication along with any proof of mailing should also be produced.
Any and all assignments of benefits between any and all parties or interested persons to
this action, including but not limited to, any and all contracts with any contractors,
plumbers, repairman, remediation and/or mitigation companies.
Any and all contracts between any and all parties or interested persons to this action,
including but not limited to any and all contracts with a public adjuster, loss consultant,
contractors, plumbers, remediation and/or mitigation companies.
Any and all statements of any party (or representative thereof) to this lawsuit, their agents,
servants, or representatives.
Any and all property insurance policies procured by you within the last ten (10) years.
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27.
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29.
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32.
33.
34,
Villeda v. Citizens
Case No..: CACE-19-021344
Any and all claim forms, sworn statement in proofs of loss, and/or other documentation
prepared for and/or submitted to any party to this lawsuit and/or its representatives,
servants, or agents regarding the claim involved in this case.
Any and all water bills and records for the twelve months preceding the alleged date of
loss, the month of the alleged date of loss and the month after the alleged date of loss.
Any and all estimates, invoices, reports and/or documents from any plumber who
performed work related to the Loss.
Any and all estimates, invoices, reports and/or documents from any roofer and/or contractor
who performed work related to the Loss.
All engineering reports, loss consultant reports, assessment, other report or other
documents supporting the conclusion that the Loss occurred on or about May 27, 2019.
Any and all records of payments paid and/or received by you for the Loss sued upon.
All documents that Plaintiff are relying or will rely upon to support their allegations or
contentions that Plaintiff gave Defendant timely notice of the Loss.
Any and all policies of insurance which provided coverage for the subject property.
Any and all estimates, invoices, reports and/or documents from any contractor who
performed work related to the Loss.
Any and all documents related to the purchase of the subject property, including inspection
reports and/or photographs prepared/taken by any inspector(s)/inspection company(ies).
5|PageVilleda v. Citizens
Case No..: CACE-19-021344
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic
mail to Annette Del Aguila, Esg., Marin, Eljaiek, Lopez & Martinez, P.L.,
eservice@mellawyers.com; and mellaw7@mellawyers.com on this 21st day of April 2020.
RUBINTON & ASSOCIATES, P.A.
Bank of America Building
3801 Hollywood Blvd, Suite 300
Hollywood, Florida 33021
Telephone: 954-251-5500
Fax: 954-251-5501
By: /s/ Vida Jasaitis
JEFFREY A. RUBINTON, ESQ.
Florida Bar: 821756
VIDA E. JASAITIS, ESQ.
Florida Bar: 245800
Primary E-Mail Address: vjasaitis@rubintonlaw.com
Secondary E-Mail: pdesanti@rubintonlaw.com
Tertiary E-Mail: eservice@rubintonlaw.com
6|Page
Preview
Filing # 106493907 E-Filed 04/21/2020 10:58:55 AM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. JESUS VILLEDA AND JHANETH VILLEDA, CASE NO: CACE-19-021344 Plaintiff(s), vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. / DEFENDANT’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFFS Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through the undersigned counsel, requests that Plaintiffs, JESUS VILLEDA AND JHANETH VILLEDA, produce the following documents at the offices of undersigned counsel within the time provided under Florida Rule of Civil Procedure 1.350. DEFINITIONS AND INSTRUCTIONS A. As used herein, the following words shall have the meanings indicated: (i) "you" or "your" shall refer to the Plaintiffs, JESUS VILLEDA AND JHANETH VILLEDA, and to any person or entity acting on their behalf; (ii) "person" shall mean and include natural persons, corporations, partnerships, associations, joint ventures, proprietorships, entities and all other forms of organization or association; (iii) "or" shall mean and/or; (iv) "and" shall mean and/or; (v) "document" shall mean any kind of written, typed, recorded, or graphic matter, however produced or reproduced, of any kind or description, whether sent or received, including originals, non-identical copies and drafts and both sides thereof, and including but not limited to: papers, books, letters, correspondence, telegrams, bulletins, notices, announcements, instructions, charts, manuals, brochures, schedules, cables telex messages, memoranda, notes, notations, *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/21/2020 10:58:54 AM.****Villeda v. Citizens Case No..: CACE-19-021344 accountants’ working papers, transcripts, minutes, agendas, reports and recordings of telephone or other conversations, of interviews, of conferences or of other meetings, affidavits, statements, summaries, opinions, seconds, reports, studies, analyses, evaluations, contracts, agreements, journals, statistical records, desk calendars, appointment books, diaries, lists, tabulations, sound recordings, computer print-outs, data processing input and output, microfilms, all other records kept by electronic, photographic or mechanical means, and things similar to any of the foregoing, however denominated by Plaintiffs. B. The term “Plaintiff(s)” shall mean JESUS VILLEDA AND JHANETH VILLEDA. Cc. The term “Defendant” shall mean CITIZENS PROPERTY INSURANCE CORPORATION. D. The term “Property,” or “Subject Property,” shall mean the subject property located at 12708 NW 15" Street, Sunrise, Florida 33323. E. The term “Loss” refers to any claimed damage to the Subject Property that Plaintiffs allege occurred on or about May 27, 2019. F. The term “Claim” refers to the insurance claim Plaintiffs made to Defendant for the alleged Loss to the Subject Property reportedly occurring on or about May 27, 2019. G. To the extent any request calls for documentation which cannot now be precisely and completely furnished, such information as can be furnished should be included in the answer, together with a statement that the further information cannot be furnished, and a statement as to the reasons therefore. If the information which cannot now be furnished is believed to be available to another person, identify such other person and the reasons for believing such person has the described information. 2|Page10. 11. Villeda v. Citizens Case No..: CACE-19-021344 DEFENDANT’S REQUEST FOR PRODUCTION TO PLAINTIFFS Any and all written notices provided by Plaintiffs and/or Plaintiffs’ agents to Defendant or its agents or representatives concerning the Loss. All correspondence and documents between Plaintiffs and/or Plaintiffs’ agents or representatives and Defendant or Defendant’s representatives pertaining to the Loss. All enclosures or attachments to each communication along with any proof of mailing should also be produced. Any and all memorandums or notes representing telephone conversations between any and all parties to this lawsuit, with regard to the insurance and/or Loss on which this suit is based. All correspondence, documents, reports or other memorandum by and between the Plaintiffs and any plumber, engineer, or other professional who rendered an opinion as to the causation of the alleged damages at the Subject Property for the Loss. Any and all reports received from experts expected to be called at trial, pertaining to the Loss. Any and all police reports, fire reports, official reports, incident reports or other reports pertaining to the Loss. Any and all documentation evidencing payment for any services, materials purchased and/or repairs to the Subject Property necessitated by the Loss. This includes, but is not limited to, cancelled checks, check registers, debit/credit card statements, bank statements, receipts, invoices, and any other documentation. All invoices, estimates, payment stubs, receipts or other documents evidencing any and all renovation, maintenance or repairs performed or to be performed upon any part of the Subject Property now claimed as damaged as a result of the Loss. Any and all written agreements, contracts, correspondences, estimates, and/or all other documentation between Plaintiffs and/or Plaintiffs’ agents and any public adjuster, engineer, loss consultant, architect, estimator, plumber, roofer, remediation company, or repair person relating in any manner to the Loss described in the Complaint, including but limited to any such documentation that discusses or identifies the cause and origin of the Loss. All documents that Plaintiffs are relying on or will rely upon to support their contention that Plaintiffs kept an accurate record of repair expenses for reasonable and necessary repairs to protect the Property from further damage. All photographs and video depictions of the Subject Property by the Plaintiffs and/or Plaintiffs’ agent related to the Loss. 3|Page12. 13. 14. 15. 16. 18. 19. 20. 21. 22. 23. 24. Villeda v. Citizens Case No..: CACE-19-021344 All documents that substantiate, reflect, evidence, or summarize all damage for the Subject Property that you allege resulted from the Loss. All inspection reports, appraisals, valuations, or other reports, which relate to water damage to the Subject Property. All photographs, videos, correspondence, and any documents pertaining to the construction, maintenance, repair, replacement or renovation to the Subject Property, including but not limited to all notices of commencement, certificates of occupancy or completion, building permits / permit applications and all supporting documentation. All documents pertaining to the construction, maintenance, repair, or replacement of any damaged areas at the Subject Property, and all quotes, estimates and invoices for any work or prospective work performed at the Subject Property caused by the Loss. Copies of all inspections, reports, estimates, evaluations, surveys, sketches, (including but not limited to, any engineering reports, moisture intrusion reports), and any photographs taken by anyone who performed an inspection or repairs/renovations to the subject Property as a result of the alleged damages claimed under the policy. A copy of all engineering or home inspection reports prepared for the Subject Property, from at or around the time that Plaintiff purchased the Subject Property to present. All documents evidencing Plaintiffs’ ownership interest in the Subject Property, including, but not limited to: Mortgage Notes, Home Equity Lines of Credit, Deeds and Sale and Purchase Agreements. All records, including but not limited to invoices, estimates, drylogs, sketch, logs, bills, payments, reports, and receipts relating to water extraction, water mitigation, mold remediation, water dry out services and any mitigation and/or remediation services involving any areas of the Subject Property that were performed as a result of the Loss. All correspondence between you/your agents and any mitigation and/or remediation company/agents concerning the Loss. All enclosures or attachments to each communication along with any proof of mailing should also be produced. Any and all assignments of benefits between any and all parties or interested persons to this action, including but not limited to, any and all contracts with any contractors, plumbers, repairman, remediation and/or mitigation companies. Any and all contracts between any and all parties or interested persons to this action, including but not limited to any and all contracts with a public adjuster, loss consultant, contractors, plumbers, remediation and/or mitigation companies. Any and all statements of any party (or representative thereof) to this lawsuit, their agents, servants, or representatives. Any and all property insurance policies procured by you within the last ten (10) years. 4|Page25. 26. 27. 28. 29. 30. 31. 32. 33. 34, Villeda v. Citizens Case No..: CACE-19-021344 Any and all claim forms, sworn statement in proofs of loss, and/or other documentation prepared for and/or submitted to any party to this lawsuit and/or its representatives, servants, or agents regarding the claim involved in this case. Any and all water bills and records for the twelve months preceding the alleged date of loss, the month of the alleged date of loss and the month after the alleged date of loss. Any and all estimates, invoices, reports and/or documents from any plumber who performed work related to the Loss. Any and all estimates, invoices, reports and/or documents from any roofer and/or contractor who performed work related to the Loss. All engineering reports, loss consultant reports, assessment, other report or other documents supporting the conclusion that the Loss occurred on or about May 27, 2019. Any and all records of payments paid and/or received by you for the Loss sued upon. All documents that Plaintiff are relying or will rely upon to support their allegations or contentions that Plaintiff gave Defendant timely notice of the Loss. Any and all policies of insurance which provided coverage for the subject property. Any and all estimates, invoices, reports and/or documents from any contractor who performed work related to the Loss. Any and all documents related to the purchase of the subject property, including inspection reports and/or photographs prepared/taken by any inspector(s)/inspection company(ies). 5|PageVilleda v. Citizens Case No..: CACE-19-021344 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via electronic mail to Annette Del Aguila, Esg., Marin, Eljaiek, Lopez & Martinez, P.L., eservice@mellawyers.com; and mellaw7@mellawyers.com on this 21st day of April 2020. RUBINTON & ASSOCIATES, P.A. Bank of America Building 3801 Hollywood Blvd, Suite 300 Hollywood, Florida 33021 Telephone: 954-251-5500 Fax: 954-251-5501 By: /s/ Vida Jasaitis JEFFREY A. RUBINTON, ESQ. Florida Bar: 821756 VIDA E. JASAITIS, ESQ. Florida Bar: 245800 Primary E-Mail Address: vjasaitis@rubintonlaw.com Secondary E-Mail: pdesanti@rubintonlaw.com Tertiary E-Mail: eservice@rubintonlaw.com 6|Page