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Filing # 103299095 E-Filed 02/13/2020 05:24:41 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIRCUIT COURT DIVISION
CASE NO.: CACE -19-020995
PEDRO GONZALEZ and
ADRIANA GONZALEZ,
Plaintiff,
vs.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
NOTICE OF SERVICE OF PLAINTIFF’S RESPONSES TO
REQUEST FOR PRODUCTION FROM DEFENDANT
Florida Bar #68274
COMES NOW, Plaintiff, Pedro Gonzalez and Adriana Gonzalez, by and through the
undersigned attorney and files this Notice of Filing Plaintiff's Responses to Request for Production
from Defendant, Heritage Property & Casualty Insurance Company.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
Eservice pursuant to Rule 2.516(b)(1) to: Richard A. Chackman, Esquire., 1571 Sawgrass Corporate
Parkway, Suite 400, Sunrise, Florida 33323, ~— email: =~ rchackman@heritagepci.com,
ideblasio@heritagepci.com, eservice@heritagepci.com on this 13" day of February 2020.
VYACHESLAV BORSHCHUKOY, P.A.
ATTORNEY FOR PLAINTIFF
514SE11™ Court
FORT LAUDERDALE, FL 33316
TELEPHONE: (305) 503-5985
FAX No.: (305) 503-5986
EMAIL: SERVICE@VB.LEGAL
By: __/S/SLAVA BORSHCHUKOV.
VYACHESLAV BORSHCHUKOV
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/13/2020 05:24:41 PM.****IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIRCUIT COURT DIVISION
CASE NO.: CACE -19-020995
PEDRO GONZALEZ and
ADRIANA GONZALEZ,
Plaintiff,
vs.
HERITAGE PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
/
PLAINTIFFS’ RESPONS
TO DEFENDANT’S RE
Florida Bar #68274
FOR PRODUCTION
1. All documents exchanged between you or any agent or representative of yours and Heritage
Property and Casualty Insurance Company, and/or its agents from the reporting of the
alleged loss through the present date.
RESPONSE: Objection. Unduly and unnecessarily burdensome. Defendant is
reasonably expected to already have in its possession, custody and control said
information.
2. All documents evidencing agreements for representation between you and any individual
or business entity representing you in this claim, including but not limited to contracts,
letters of representation, correspondence, and fee schedules for representation by loss
consultants, public adjusters, or public adjuster firms. This request does not seek
agreements for legal representation.
RESPONSE: See a copy of the letter of representation from Plaintiffs’ Public
Adjuster, attached to Plaintiffs’ Request for Production.
3. All documents and correspondence between you and any third-party vendor or contractor
relating to the loss.
RESPONSE: Any and all documents responsive to this request, in Plaintiffs’
possession, are attached hereto.
4. All documents evidencing the damages that you are claiming in this lawsuit, including, butnot limited to estimates, contracts, receipts, statements, invoices, and work orders.
RESPONSE: See the Estimate for Damages prepared by, Public Adjuster Luis
Torres, of Claims Elements Consultants, whose last known business address is 13621
SW 16th Street, Davie, FL 33325, whose last known phone number is 954-309-5715,
with damages in the amount of $63,356.09, attached hereto.
5. All documents evidencing payment to any third-party for services relating to the loss.
RESPONSE: Any and all documents responsive to this request, in Plaintiffs’
possession, are attached hereto.
6. Any proof of loss statements from you relating to the claim.
RESPONSE: See a copy of Plaintiffs’ proof of loss statement attached hereto.
7. All documents evidencing the repair and/or replacement of damaged property as a result
of the loss, including but not limited to contracts, receipts, canceled checks, bills of sale,
statements, ATM receipts, credit card statements, evidence of bank withdrawals, and
invoices.
RESPONSE: Any and all documents responsive to this request, in Plaintiffs’
possession, are attached hereto.
8. All documents evidencing any mitigation or repairs to any area of the property that are
being claimed as damaged in your loss.
RESPONSE: See Plaintiffs’ receipts for repairs attached hereto.
9. The original .jpeg files for any photographs taken which show the alleged damage at the
property on or after the date of loss.
RESPONSE: See the Photos attached to the Estimate for Damages prepared by,
Public Adjuster Luis Torres, of Claims Elements Consultants, whose last known
business address is 13621 SW 16th Street, Davie, FL 33325, whose last known phone
number is 954-309-5715, with damages in the amount of $63,356.09, attached hereto.
10. All videos, recordings, film, diagrams, drawings, charts, sketches or any other depictions
illustrating the damages sustained in the loss.
RESPONSE: See the Photos attached to the Estimate for Damages prepared by,
Public Adjuster Luis Torres, of Claims Elements Consultants, whose last known
business address is 13621 SW 16th Street, Davie, FL 33325, whose last known phone
number is 954-309-5715, with damages in the amount of $63,356.09, attached hereto.
11. Any and all photographs or videos which show the damaged area, prior to the date of the12.
13.
14.
15.
16.
17.
18.
loss.
RESPONSE: Plaintiffs are not in possession of photographs or videos which show
the damaged areas, prior to the date of the loss. Plaintiffs reserve the right to amend
this answer as discovery is still ongoing.
All engineer, or expert reports in support of the claim that the property has sustained
damage as a result of the alleged loss.
RESPONSE: Any and all documents responsive to this request, in Plaintiffs’
possession, are attached hereto.
. Any and all documents prepared by third parties who inspected or evaluated the property
and/or the damages as a result of the alleged loss.
RESPONSE: Any and all documents responsive to this request, in Plaintiffs'
possession, are attached hereto.
All documents evidencing your efforts to protect the property from further damage.
RESPONSE: Any and all documents responsive to this request, in Plaintiffs’
possession, are attached hereto.
All maintenance and/or repair records for the property from the date of loss through the
present.
RESPONSE: See Plaintiffs’ receipts for repairs attached hereto.
All documents relating to any prior insurance claims at the property, including, but not
limited to: proofs of loss; any repair receipts; estimates; photographs; invoices; evidences
of payments; and/or evidences of settlement.
RESPONSE: Plaintiffs are not in possession of documents related to any prior
insurance claims at subject Property. Plaintiffs reserve the right to amend this
answer as discovery is still ongoing.
All documents relating to any other losses at the property occurring prior to or subsequent
to the date of loss, including, but not limited to: proofs of loss; any repair receipts;
estimates; photographs; invoices; evidences of payments; and/or evidences of settlement.
RESPONSE: Plaintiffs are not in possession of any documents of other losses at
subject Property prior to or subsequent to the date of said damages. Plaintiffs reserve
the right to amend this answer as discovery is still ongoing.
Copies of all telephone records (land line and/or cellular) evidencing incoming and
outgoing calls for all adults residing at the Property encompassing the 30 days prior to the19.
20.
21.
22.
23.
alleged date of loss through 30 days after the alleged date of loss.
RESPONSE: Objection. Unduly and unnecessarily burdensome, over broad and
irrelevant. Plaintiffs objects to this request on the grounds that Defendant seeks
irrelevant information that is not likely to lead to the discovery of admissible evidence.
All documents in your possession relating to the loss alleged in the Complaint that were
not previously produced in response to the above requests.
RESPONSE: Any and all documents responsive to this request, in Plaintiffs’
possession, are attached hereto.
Copies of any liens, sales contracts, disclosure reports, inspection reports, appraisal reports
and/or other documents relative to your purchase or acquisition of the Property.
RESPONSE: Plaintiffs are not in possession of any liens, sales contracts, disclosure
reports, inspection reports, appraisal reports and/or other documents relative to your
purchase or acquisition of subject Property. Plaintiffs reserve the right to amend this
answer as discovery is still ongoing.
A copy of any and all lease agreements, rental agreements, contracts or other documents
with any tenant or tenant(s) residing at the Property from the two years prior to the alleged
loss through the current date.
RESPONSE:
Copies of any and all documents created as part of the home inspection report from your
purchase of the subject property, including, but not limited to all inspection reports, 4-point
inspection reports, appraisal reports, photographs and videos in their native format.
RESPONSE:
Copies of any documentation evidencing repairs and/or renovations at the Property that
occurred during the five (5) years prior to the alleged loss.
RESPONSE:CERTIFICATE OF SERVICE
I] HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
Eservice pursuant to Rule 2.516(b)(1) to: Richard A. Chackman, Esquic., 1571 Sawgrass Corporate
Parkway, Suite 400, Sunrise, Florida 33323, ~— email: ~~ rchackman@heritagepci.com,
jdeblasio@heritagepci.com, eservice@heritagepci.com on this 13" day of February 2020.
VYACHESLAV BORSHCHUKOV, P.A.
ATTORNEY FOR PLAINTIFF
514 SE 11™ Court
FoRT LAUDERDALE, FL 33316
TELEPHONE: (305) 503-5985
FAX NO.: (B05) 503-5986
EMAIL: SERVICE@VB.LEGAL
By: __/S/ SLAVA BORSHCHUKOV.
VYACHESLAV BORSHCHUKOV
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Filing # 103299095 E-Filed 02/13/2020 05:24:41 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIRCUIT COURT DIVISION CASE NO.: CACE -19-020995 PEDRO GONZALEZ and ADRIANA GONZALEZ, Plaintiff, vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / NOTICE OF SERVICE OF PLAINTIFF’S RESPONSES TO REQUEST FOR PRODUCTION FROM DEFENDANT Florida Bar #68274 COMES NOW, Plaintiff, Pedro Gonzalez and Adriana Gonzalez, by and through the undersigned attorney and files this Notice of Filing Plaintiff's Responses to Request for Production from Defendant, Heritage Property & Casualty Insurance Company. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by Eservice pursuant to Rule 2.516(b)(1) to: Richard A. Chackman, Esquire., 1571 Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 33323, ~— email: =~ rchackman@heritagepci.com, ideblasio@heritagepci.com, eservice@heritagepci.com on this 13" day of February 2020. VYACHESLAV BORSHCHUKOY, P.A. ATTORNEY FOR PLAINTIFF 514SE11™ Court FORT LAUDERDALE, FL 33316 TELEPHONE: (305) 503-5985 FAX No.: (305) 503-5986 EMAIL: SERVICE@VB.LEGAL By: __/S/SLAVA BORSHCHUKOV. VYACHESLAV BORSHCHUKOV *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/13/2020 05:24:41 PM.****IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIRCUIT COURT DIVISION CASE NO.: CACE -19-020995 PEDRO GONZALEZ and ADRIANA GONZALEZ, Plaintiff, vs. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. / PLAINTIFFS’ RESPONS TO DEFENDANT’S RE Florida Bar #68274 FOR PRODUCTION 1. All documents exchanged between you or any agent or representative of yours and Heritage Property and Casualty Insurance Company, and/or its agents from the reporting of the alleged loss through the present date. RESPONSE: Objection. Unduly and unnecessarily burdensome. Defendant is reasonably expected to already have in its possession, custody and control said information. 2. All documents evidencing agreements for representation between you and any individual or business entity representing you in this claim, including but not limited to contracts, letters of representation, correspondence, and fee schedules for representation by loss consultants, public adjusters, or public adjuster firms. This request does not seek agreements for legal representation. RESPONSE: See a copy of the letter of representation from Plaintiffs’ Public Adjuster, attached to Plaintiffs’ Request for Production. 3. All documents and correspondence between you and any third-party vendor or contractor relating to the loss. RESPONSE: Any and all documents responsive to this request, in Plaintiffs’ possession, are attached hereto. 4. All documents evidencing the damages that you are claiming in this lawsuit, including, butnot limited to estimates, contracts, receipts, statements, invoices, and work orders. RESPONSE: See the Estimate for Damages prepared by, Public Adjuster Luis Torres, of Claims Elements Consultants, whose last known business address is 13621 SW 16th Street, Davie, FL 33325, whose last known phone number is 954-309-5715, with damages in the amount of $63,356.09, attached hereto. 5. All documents evidencing payment to any third-party for services relating to the loss. RESPONSE: Any and all documents responsive to this request, in Plaintiffs’ possession, are attached hereto. 6. Any proof of loss statements from you relating to the claim. RESPONSE: See a copy of Plaintiffs’ proof of loss statement attached hereto. 7. All documents evidencing the repair and/or replacement of damaged property as a result of the loss, including but not limited to contracts, receipts, canceled checks, bills of sale, statements, ATM receipts, credit card statements, evidence of bank withdrawals, and invoices. RESPONSE: Any and all documents responsive to this request, in Plaintiffs’ possession, are attached hereto. 8. All documents evidencing any mitigation or repairs to any area of the property that are being claimed as damaged in your loss. RESPONSE: See Plaintiffs’ receipts for repairs attached hereto. 9. The original .jpeg files for any photographs taken which show the alleged damage at the property on or after the date of loss. RESPONSE: See the Photos attached to the Estimate for Damages prepared by, Public Adjuster Luis Torres, of Claims Elements Consultants, whose last known business address is 13621 SW 16th Street, Davie, FL 33325, whose last known phone number is 954-309-5715, with damages in the amount of $63,356.09, attached hereto. 10. All videos, recordings, film, diagrams, drawings, charts, sketches or any other depictions illustrating the damages sustained in the loss. RESPONSE: See the Photos attached to the Estimate for Damages prepared by, Public Adjuster Luis Torres, of Claims Elements Consultants, whose last known business address is 13621 SW 16th Street, Davie, FL 33325, whose last known phone number is 954-309-5715, with damages in the amount of $63,356.09, attached hereto. 11. Any and all photographs or videos which show the damaged area, prior to the date of the12. 13. 14. 15. 16. 17. 18. loss. RESPONSE: Plaintiffs are not in possession of photographs or videos which show the damaged areas, prior to the date of the loss. Plaintiffs reserve the right to amend this answer as discovery is still ongoing. All engineer, or expert reports in support of the claim that the property has sustained damage as a result of the alleged loss. RESPONSE: Any and all documents responsive to this request, in Plaintiffs’ possession, are attached hereto. . Any and all documents prepared by third parties who inspected or evaluated the property and/or the damages as a result of the alleged loss. RESPONSE: Any and all documents responsive to this request, in Plaintiffs' possession, are attached hereto. All documents evidencing your efforts to protect the property from further damage. RESPONSE: Any and all documents responsive to this request, in Plaintiffs’ possession, are attached hereto. All maintenance and/or repair records for the property from the date of loss through the present. RESPONSE: See Plaintiffs’ receipts for repairs attached hereto. All documents relating to any prior insurance claims at the property, including, but not limited to: proofs of loss; any repair receipts; estimates; photographs; invoices; evidences of payments; and/or evidences of settlement. RESPONSE: Plaintiffs are not in possession of documents related to any prior insurance claims at subject Property. Plaintiffs reserve the right to amend this answer as discovery is still ongoing. All documents relating to any other losses at the property occurring prior to or subsequent to the date of loss, including, but not limited to: proofs of loss; any repair receipts; estimates; photographs; invoices; evidences of payments; and/or evidences of settlement. RESPONSE: Plaintiffs are not in possession of any documents of other losses at subject Property prior to or subsequent to the date of said damages. Plaintiffs reserve the right to amend this answer as discovery is still ongoing. Copies of all telephone records (land line and/or cellular) evidencing incoming and outgoing calls for all adults residing at the Property encompassing the 30 days prior to the19. 20. 21. 22. 23. alleged date of loss through 30 days after the alleged date of loss. RESPONSE: Objection. Unduly and unnecessarily burdensome, over broad and irrelevant. Plaintiffs objects to this request on the grounds that Defendant seeks irrelevant information that is not likely to lead to the discovery of admissible evidence. All documents in your possession relating to the loss alleged in the Complaint that were not previously produced in response to the above requests. RESPONSE: Any and all documents responsive to this request, in Plaintiffs’ possession, are attached hereto. Copies of any liens, sales contracts, disclosure reports, inspection reports, appraisal reports and/or other documents relative to your purchase or acquisition of the Property. RESPONSE: Plaintiffs are not in possession of any liens, sales contracts, disclosure reports, inspection reports, appraisal reports and/or other documents relative to your purchase or acquisition of subject Property. Plaintiffs reserve the right to amend this answer as discovery is still ongoing. A copy of any and all lease agreements, rental agreements, contracts or other documents with any tenant or tenant(s) residing at the Property from the two years prior to the alleged loss through the current date. RESPONSE: Copies of any and all documents created as part of the home inspection report from your purchase of the subject property, including, but not limited to all inspection reports, 4-point inspection reports, appraisal reports, photographs and videos in their native format. RESPONSE: Copies of any documentation evidencing repairs and/or renovations at the Property that occurred during the five (5) years prior to the alleged loss. RESPONSE:CERTIFICATE OF SERVICE I] HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by Eservice pursuant to Rule 2.516(b)(1) to: Richard A. Chackman, Esquic., 1571 Sawgrass Corporate Parkway, Suite 400, Sunrise, Florida 33323, ~— email: ~~ rchackman@heritagepci.com, jdeblasio@heritagepci.com, eservice@heritagepci.com on this 13" day of February 2020. VYACHESLAV BORSHCHUKOV, P.A. ATTORNEY FOR PLAINTIFF 514 SE 11™ Court FoRT LAUDERDALE, FL 33316 TELEPHONE: (305) 503-5985 FAX NO.: (B05) 503-5986 EMAIL: SERVICE@VB.LEGAL By: __/S/ SLAVA BORSHCHUKOV. VYACHESLAV BORSHCHUKOV