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(J U00
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO.: nS -
CPr -1ao71
JASVINDER LALLY,
Plaintiff,
vs.
PITBULL MOTORCYCLE
CO. and MICHAEL T. DAVIS,
individually,
Defendants.
COMPLAINT -3.
r,,
o
Plaintiff, JASVINDER LALLY (hereinafter referred to as "LALLY")',
C) O
Defendants, PITBULL MOTORCYCLE CO. (hereinafter referred to as
"PITBRVand A
v'
MICHAEL T. DAVIS, individually (hereinafter referred to as "DAVIS"), for breach of
contract, civil theft, and fraudulent inducement, and alleges as follows:
1. This is an action for damages which exceed Fifteen Thousand Dollars
($15,000.00), excluding interest, pre judgment interest, attorneys' fees and costs.
PARTIES
2. Plaintiff, LALLY, is an individual citizen of the State of Florida.
3. Defendant, PITBULL, is a corporation authorized to business in the State
of Florida.
4. Defendant, DAVIS, is an individual citizen of the State of Florida.
1
VENUE
5. Venue is proper in Orange County, Florida because Defendant, DAVIS,
resides in Orange County, Florida and Defendant, PITBULL has or usually keeps an
office for the transaction of its customary business or has an agent or other representative
in Orange County, Florida and because the contracts, transactions, conduct, or the actions
referred to herein were executed, performed, to be performed, engaged in or otherwise in
the accrual of this action in Orange County, Florida.
FACTUAL ALLEGATIONS
6. In late November 2007, LALLY contacted DAVIS and his corporation.
When LALLY called DAVIS in November 2007, LALLY described the type of
motorcycle in which he was interested. At that time, LALLY went into detail regarding
the function and style of the motorcycle he wanted to purchase. During their
conversation, DAVIS represented that he was a manufacturer of motorcycles and offered
to give LALLY a quote to produce the motorcycle that LALLY had described to DAVIS
and PITBULL.
7. Within a week of speaking with DAVIS and PITBULL, LALLY met with
DAVIS at PITBULL's shop. During their meeting, LALLY and DAVIS discussed the
proposed motorcycle project in detail. During this first meeting, LALLY provided funds
in the amount of $20,000.00 to DAVIS and PITBULL to begin working on plans for the
manufacture of a motorcycle for LALLY, and DAVIS and PITBULL agreed to build the
motorcycle to the standards needed by LALLY in 180 days. LALLY entered into a
contract attached as Exhibit "A".
2
8. For the next several weeks, LALLY talked to DAVIS by telephone about
the plans for, price of, and details regarding the motorcycle. DAVIS promised and
assured LALLY that DAVIS and PITBULL could build the motorcycle to the standards
needed within the agreed upon time period for an agreed upon price.
9. On November 22, 2006, in reliance upon DAVIS and PITBULL's
representations, LALLY had given DAVIS and PITBULL funds totaling Twenty
Thousand Dollars ($20,000.00) to begin construction on the motorcycle.
10. Four months later, in March 2007, DAVIS told LALLY that the twin cam
and the frame would be ready in 2-3 weeks. DAVIS also represented that he had been
working closely with the manufacturer's on the parts required for the motorcycle.
11. After repeated stalling and delays, on July 25, 2007, LALLY was
informed by DAVIS and PITBULL that the wheels were coming soon and the twin cam
engines are readily available. DAVIS and PITBULL also promised that LALLY would
be one of the first people to get 23"/20" Legacy Wheels.
12. On August 6, 2007, LALLY contacted DAVIS and PITBULL to cancel
the contract and get the $20,000.00 deposit back as nothing had even been started on the
motorcycle build, after repeated promises over 9 months.
13. On August 24, 4007, DAVIS and PITBULL contacted LALLY to update
him on the motorcycle, again delaying for another two weeks and refusing to cancel the
contract and return the deposit.
14. On October 24, 2007, LALLY again demanded to cancel the contract and
for a refund of the $20,000.00 deposit as it had been one year and nothing had been
started on the motorcycle as represented.
COUNT I
BREACH OF CONTRACT
15. Plaintiff, LALLY, incorporates and realleges, as though fully set forth
herein, the allegations contained in Paragraphs 1 through 14.
16. Plaintiff, LALLY, sues Defendant, PITBULL, for breach of contract and
states that the Defendant promised it would perform certain duties and render certain
services, including, but not limited to:
a. providing the motorcycle for inspection at
seller's plant not later than 180 days from receipt
of initial deposit;
b. manufacturing a 2007 Pitbull Motorcycle Co.
Dropseat Softail Chopper;
C. commence to manufacture/order parts within
one week following receipt of buyer's initial deposit;
d. actually completing construction of the
motorcycle.
17. The complete contract between the parties included, but was not limited to
the agreement, attached as Exhibit "A", as well as the parties' conduct and oral
agreements prior to the execution of the written agreement and subsequent conduct
during the course of their performance.
18. At all material times, Plaintiff, LALLY, provided valuable consideration
and fully performed the express and implied terms of the contract to be performed by him
for Defendant.
19. Defendant, through various acts and omissions, and in failing to perform
4
services to LALLY, as agreed, has wrongfully breached and repudiated the express and
implied terms and conditions to be performed by Defendant.
20. The breaches of contract are substantial and material and have caused
LALLY to suffer and to continue to suffer, as a direct and proximate result, substantially
cumulative losses.
21. All conditions precedent to the filing of this action have been completed
and/or waived prior to the filing of this complaint.
WHEREFORE, Plaintiff, LALLY, demands judgment against Defendant,
PITBULL, for damages for breach of contract, prejudgment interest, attorneys' fees,
costs and all other relief as this Court may deem just and proper.
COUNT II
CIVIL THEFT
22. Plaintiff, LALLY, incorporates and realleges, as though fully set forth
herein, the allegations in Paragraphs 1 through 21.
23. Plaintiff, LALLY, sues Defendants, DAVIS and PITBULL, for civil theft,
pursuant to Chapter 812, Florida Statutes (1998). Defendants knowingly obtained, used,
and/or endeavored to obtain the deposits and other monies received from LALLY for
construction of the motorcycle with the intent, either temporarily or permanently, to
appropriate the monies paid for Defendants' own use and/or the use of persons not
entitled thereto. Therefore, Plaintiff, LALLY, is an "aggrieved person", entitled to bring
a civil complaint under Chapter 812.
WHEREFORE, Plaintiff, LALLY, demands that this Court (1) enter an Order for
injunctive relief, including but not limited to the types of relief set forth in Section
812.035 of the Florida Statutes, and specifically, enjoining the disbursement, transfer,
sale or other distribution of any properties or monies currently held or owned by
Defendants; and (2) enter an Order, pursuant to Section 812.035(7), of the Florida
Statutes, granting threefold the actual damages in this case, which consist of: any and all
monies paid by LALLY to Defendants for construction and/or manufacture of the
motorcycle for LALLY.
COUNT III
FRAUDULENT INDUCEMENT
24. The averments contained within paragraphs 1 through 21 are incorporated
by reference as if set forth in their entirety.
25. At all times, MICHAEL DAVIS and PITBULL were under an obligation
to pay itssuppliers for parts ordered prior to the completion date set forth in the contract.
DAVIS and PITBULL entered into the agreement with LALLY and represented to
LALLY that DAVIS and PITBULL had the ability to manufacture the motorcycle for
LALLY.
26. At the time DAVIS and PITBULL entered into the written Agreement
with LALLY, DAVIS and PITBULL represented to LALLY that it would pay the
suppliers for the prior purchase of parts. DAVIS and PITBULL knew at the time it
entered into the Agreement that it was not going to perform the duties under the
Agreement.
27. The representations made by PITBULL and DAVIS were for the purpose
of inducing LALLY to enter into a written agreement.
6
28. Subsequent to entering the agreement, LALLY learned that PITBULL and
DAVIS falsely represented its position to LALLY by stating that it had the time and
equipment to complete the motorcycle.
29. PITBULL and DAVIS knew these representations were false when made,
and PITBULL and DAVIS defaulted on its obligations to LALLY under the written
agreements.
30. LALLY entered into the Agreement based on PITBULL and DAVIS'
representations that it would meet itsobligations, and LALLY has suffered damages as a
result of those representations. LALLY would not have entered into the agreement and
would not have given $20,000.00 to PITBULL and DAVIS.
31. The Plaintiff has retained the undersigned attorney(s) to represent his
interest in this matter and is obligated to pay said attorney(s) a reasonable fee for services
rendered. The Plaintiff is entitled to attorneys' fees pursuant to the Agreement, attached
hereto as Exhibit "A" and pursuant to §57.105, Florida Statutes (2008).
WHEREFORE, LALLY demands judgment against the Defendants, PITBULL
and DAVIS for damages that may be assessed against said Defendants, together with
interest, costs and attorneys' fees.
COUNT IV
32. The averments contained within paragraphs 1 through 21 are incorporated
by reference as if set forth in their entirety.
33. At the direction of PITBULL and DAVIS, LALLY paid Defendants
money for the goods set forth in the Agreement. PITBULL and DAVIS wrongfully
7
diverted the funds from LALLY that were for goods that LALLY placed in their
company account for their own use and not LALLY's.
34. Through the action of PITBULL and DAVIS in wrongfully directing the
money. PITBULL and DAVIS wrongfully diverted funds to its own use and benefit.
WHEREFORE, LALLY demands judgment against the Defendants, PITBULL
and DAVIS for damages that may be assessed against said Defendants, together with
interest, costs and attorneys' fees.
Lath uker, Eden & Beaudine, LLP
390 h Orange Avenue, Suite 600
Orl o, Florida 32801
Attorney for Plaintiff
Telephone: (407) 481-5800
Facsimile: (407) 481-5801
8
EXHIBIT A
2007 Motorcycle Buildsheet
Pitbull Motorcycle Co.
4340 N. Orange Blossom Trail
Orlando, Florida 32804
Phone: (407)290-9212
Facsimile: (407)290-9097
www.pitbul Imotorcycles.com
1-
Pitbull'MotorcvcleCo. Jas Lally
4340 N.Orange Blossom Trail 3535 W. Colonial Drive
Orlando, FL 32804 Orlando.Florida 32808
(407) 290-9212
(407) 290-9097 (407) 301-3921
(407) 297-7873
iasniaslallv.com
1 1
5" Backbone Stretch X
8" Downtube Stretch X
7'• Backbone Stretch
0" Do.mtubc Stretch
XXXI.Package 5750 S
Right-Side
Drive 300 gieh) Optional
-
NIC S
Right-Side Drive 260 (Chain) X Optional
Riglu-Side
Drive 330 (wo $ 1.000 S
Drive 330 tChamJ
Right-Side SLow S
45Degree Rake X Standard
Straight
Downtubc Standard
Curved Downtube X 5300 S 300
Contour X Standard
Flamed Optional-,'!C
Tubed Optional- NIC
2.5" Bar WITHOUT
Single SupponTube \ Standard
Curved 5750 S
S&S 11'"
tvotidrd) Standard
S&S 124" (POlislkd) S2-000 S -
S&S 124" Twin Cam EFI (Polished) X 53.500 S 3.500
Baker Six Speed RSD (Poti twd) X Standard
Baker X 5400 S 400
Open
BDL 3" Standard
Primo Closed Optional-
N/C
BDL'I'op
Fuel 1(X)0 5900 S
BDI. Top Furl 2000 x 51.200 S 1,200
Pritno Brute I V wiCovers 51200 S -
Hi-Tech 4" 52.800 S
Other Quote S
Racing Billet
21- Weld Standard
24" Wire Whcel x
18" Weld Standard
Racing
Billet
21" Wire Wheel- Chrome (260mm MeizlerTin) x SI-500 S 1.500
Other S
Chrome Wheel
Package Standard
Polished Whce)
Package S 1750) S
Powdercoatcd 1Vhee1 Package S 750
Metzler
Avon Venom 300 Standard
Metzler 260mm x
HHI 4-Piston
Caliper ichrwncl Standard
Drive-Side
System w!HH 14-Piston Caliper (Chrome) x
Pitb ill Standad x Standard
63mm Im,ened (chn m) Standard
63mm Inverted Hidden Brake Line 5800 S -
63mm Inverted Black Momba Optional- N/C
Suspension Springer Whri-)
American x $500 S 500
Dual From Brake
Upgrade x 5750 S 750
Arlen Ness
Fly High Standard
Arlen Ness Ram
High Optional- N/C'
Chrome Drag Bars w/6" Risers Optional- N/C
Chrome 12" Ape
Hangers Optional- NiC
Billet Risers wiDakota
Digital Speedo & Tacit 5750 S -
Pitbull V-Bars (Pound) Optional- N/C
Custom Bars- Chrome X Optional- N/C S
Pitbull Standard x Standard
ArlenNess (Chrane) $150 S -
Arlen Ness Whro me l-run Ring
Horsing)
..) P,imcd 5250 S -
! ay Brake (Chrome) Standard
J ay Brake
Hydraulic IChamc) 5300 S
Performance Machine Contour -IS-itches (Chrome) x $700 $
Other $
Accutrooix Gothic (Chro.ne) Standard
P erformance Machine Contour (Chrmr) x Optional- NIC
Other S
Extension wiGothic Pegs (Ch-vi
°
Accutronis I Standard
Accutmnix 3`- Extension w/Gothic Pegs (Chno
) Optional-
NYC
Accutronix -2° Extension wiGothic Pegs tehronn) Optional-
NIC
Accutronix Tribal Arms tchrn-) 5500 S -
Performance Machine Contour 1Chnrt
) X 5500 S 500
Other S
1.4 kw X Standard
Spyke
Spyke X Standard
Pitbull 2 into I X Standard
SRS Chrome X Standard S
Radius Billet Whromc) X Standard
Leather X Standard
Passenger Pad
Leather 5150 S
Custom Seat
Corerinls/Designs 5400 S
Performance Machine
Passenger Peg
Set (Chi) X 5125 S 125
,,'bull Standard X Standard
Pitbull Standard X Standard
Pitbull Standard X Standard
Streamline 14.5 Gallon)
Independent
Stretched Standard
Stretched Pitbull
Sporty (4.2 Gallon) Optional- NIC
Independent Tormentor (15 Gallon)
Stretched Optional- N/C
Stretched
Independent Hybrid WS Gallon) 5300 S
Custom Tank X 5750 S 750
Pitbul) Round Standard
Pitbull
Long X 5200 S 200
None S (60) S -
Fender Cuts Quote S
Pitbull Standard Standard
Fender Cuts X NIC S
Horseshoe .X' Standard
Painted w/Molded N'elds X Standard
Powdcrcoated (wads cannot be Melded) CtMiomal- NIC
NoGraphics Standard S -
Stage I Graphics Package X SL500 $ 1.500
Candy Base Coat Upgrade SI-500 S -
Upgrade Estimate (SIX Anadad) Quote S -
11 1 1 M
$1,750 5
Tank into Seat Pan Area X- 1,750
'tank Around Whole Seat Pan Area S2.250 S -
Tank into Seat Pan Area. Oil $3,000 $
Bag and
Rear Fender
-
TurnSignals. Digital Speedo Mounted on
RearCylinder X Standard
Wicked Image (Left &
Right) x
Blue 5500 S
Purple S500 S
Green 5500 S
Red 5500 $ -
Single
TubeSwingarm Suppon
w:'o Tube X N/C
Gel Insert for Scat \ SIM S 100
Tailight- Design
Rear Molded TBD X $300 $ 300
120Spoke (Twisted) w/Appropriate
Front Rear X See Above S -
Fabrication
onFront ofOil Bae X S150 S 1.50
Different
Upright Design' X N1/C S -
Front Downtube?
Oblong $250 S 250
S
M.S:RP: 36gW;.
UPGRADES TOTAL: $` 131775
Customer
Signature SSUBT.OTAL _
S 50,675`:
AuwMG S
TOTAL
AL COST S 42 000"
I VJY.Il Represe- a
"Please
vote erc -subject
Ont. ESTIMATES -d
that alt Rundtimrs to onpradod availability"
rhao=e based
-All orders
arc non-refeadable--
SPECIA I, ORDERS and
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CONTRACT FOR THE MANUFACTURE AND SALE OF GOODS
This sales agreement is made on 11/22/2006, between Pitbull Motorcycle Parts, LLC,
a corporation organized and existing under the laws of the State of Florida, with its
principal office located at 4340 N. Orange Blossom Trail, Orlando, Florida, Orange
County, Florida ("seller"), and Jas Lally, located at 3535 W. Colonial Drive, Orlando,
Orange County, Florida ("buyer").
SECTION ONE.
MANUFACTURE AND SALE; DESCRIPTION
Seller agrees to manufacture and sell to buyer the following goods: 2007 Pitbull
Motorcycle Co. Dropseat Softail Chopper (the "goods"). &A,? 41 KW4Eh 6V1 C 121A. 6E_r
SECTION TWO.
PAYMENT
Buyer agrees to pay for the goods as follows: $20,000 deposit on November 2b, 2006
and is non-refundable due to the special order nature of this project. The balance is due
immediately upon substantial completion ("substantial completion" is to be determined
solely by seller). If seller should regard its prospect of receiving the last payment
insecure, it may demand payment prior to delivery.
SECTION THREE.
DELIVERY SCHEDULE
Seller shall commence to manufacture/ordering parts within one week following
receipt of buyer's initial deposit. Subject to the provisions of Section Five, seller will
complete such manufacturing and make the goods available for inspection at seller's
plant not later than one hundred eighty days (180) from the receipt of the initial deposit.
If buyer's inspection discloses defects or adjustments, seller shall have a reasonable time
to confect such defects and make such adjustments as are necessary. Buyer shall then
have an opportunity to make a final pre-shipment inspection before taking delivery.
SECTION FOUR.
EXCUSE FOR NONPERFORMANCE
Seller's obligations under this agreement are accepted subject to strikes, labor troubles
(including strikes or labor troubles affecting any suppliers of seller), floods, fires, acts of
God, accidents, delays, shortage of paqs, contingencies of transportation, and other
causes of like or different character beyond the control of seller. Impossibility of
performance by reason of any legislative, executive, or judicial act of any governmental
authority shall excuse performance of or delay in performance of this agreement.
Page I of 1
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SECTION FIVE.
ENTIRE AGREEMENT
The parties agree that this constitutes the entire agreement and there are no further
items or provisions, either oral or otherwise. Buyer agrees that it has not relied upon any
representations of seller as to prospective performance of the goods, but has relied upon
its own inspection and investigation of the subject matter.
The parties have executed this agreement at 4340 N. Orange Blossom Trail, Orlando,
Florida 32804 on the day and year first above written.
Buyer
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Preview
(J U00 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: nS - CPr -1ao71 JASVINDER LALLY, Plaintiff, vs. PITBULL MOTORCYCLE CO. and MICHAEL T. DAVIS, individually, Defendants. COMPLAINT -3. r,, o Plaintiff, JASVINDER LALLY (hereinafter referred to as "LALLY")', C) O Defendants, PITBULL MOTORCYCLE CO. (hereinafter referred to as "PITBRVand A v' MICHAEL T. DAVIS, individually (hereinafter referred to as "DAVIS"), for breach of contract, civil theft, and fraudulent inducement, and alleges as follows: 1. This is an action for damages which exceed Fifteen Thousand Dollars ($15,000.00), excluding interest, pre judgment interest, attorneys' fees and costs. PARTIES 2. Plaintiff, LALLY, is an individual citizen of the State of Florida. 3. Defendant, PITBULL, is a corporation authorized to business in the State of Florida. 4. Defendant, DAVIS, is an individual citizen of the State of Florida. 1 VENUE 5. Venue is proper in Orange County, Florida because Defendant, DAVIS, resides in Orange County, Florida and Defendant, PITBULL has or usually keeps an office for the transaction of its customary business or has an agent or other representative in Orange County, Florida and because the contracts, transactions, conduct, or the actions referred to herein were executed, performed, to be performed, engaged in or otherwise in the accrual of this action in Orange County, Florida. FACTUAL ALLEGATIONS 6. In late November 2007, LALLY contacted DAVIS and his corporation. When LALLY called DAVIS in November 2007, LALLY described the type of motorcycle in which he was interested. At that time, LALLY went into detail regarding the function and style of the motorcycle he wanted to purchase. During their conversation, DAVIS represented that he was a manufacturer of motorcycles and offered to give LALLY a quote to produce the motorcycle that LALLY had described to DAVIS and PITBULL. 7. Within a week of speaking with DAVIS and PITBULL, LALLY met with DAVIS at PITBULL's shop. During their meeting, LALLY and DAVIS discussed the proposed motorcycle project in detail. During this first meeting, LALLY provided funds in the amount of $20,000.00 to DAVIS and PITBULL to begin working on plans for the manufacture of a motorcycle for LALLY, and DAVIS and PITBULL agreed to build the motorcycle to the standards needed by LALLY in 180 days. LALLY entered into a contract attached as Exhibit "A". 2 8. For the next several weeks, LALLY talked to DAVIS by telephone about the plans for, price of, and details regarding the motorcycle. DAVIS promised and assured LALLY that DAVIS and PITBULL could build the motorcycle to the standards needed within the agreed upon time period for an agreed upon price. 9. On November 22, 2006, in reliance upon DAVIS and PITBULL's representations, LALLY had given DAVIS and PITBULL funds totaling Twenty Thousand Dollars ($20,000.00) to begin construction on the motorcycle. 10. Four months later, in March 2007, DAVIS told LALLY that the twin cam and the frame would be ready in 2-3 weeks. DAVIS also represented that he had been working closely with the manufacturer's on the parts required for the motorcycle. 11. After repeated stalling and delays, on July 25, 2007, LALLY was informed by DAVIS and PITBULL that the wheels were coming soon and the twin cam engines are readily available. DAVIS and PITBULL also promised that LALLY would be one of the first people to get 23"/20" Legacy Wheels. 12. On August 6, 2007, LALLY contacted DAVIS and PITBULL to cancel the contract and get the $20,000.00 deposit back as nothing had even been started on the motorcycle build, after repeated promises over 9 months. 13. On August 24, 4007, DAVIS and PITBULL contacted LALLY to update him on the motorcycle, again delaying for another two weeks and refusing to cancel the contract and return the deposit. 14. On October 24, 2007, LALLY again demanded to cancel the contract and for a refund of the $20,000.00 deposit as it had been one year and nothing had been started on the motorcycle as represented. COUNT I BREACH OF CONTRACT 15. Plaintiff, LALLY, incorporates and realleges, as though fully set forth herein, the allegations contained in Paragraphs 1 through 14. 16. Plaintiff, LALLY, sues Defendant, PITBULL, for breach of contract and states that the Defendant promised it would perform certain duties and render certain services, including, but not limited to: a. providing the motorcycle for inspection at seller's plant not later than 180 days from receipt of initial deposit; b. manufacturing a 2007 Pitbull Motorcycle Co. Dropseat Softail Chopper; C. commence to manufacture/order parts within one week following receipt of buyer's initial deposit; d. actually completing construction of the motorcycle. 17. The complete contract between the parties included, but was not limited to the agreement, attached as Exhibit "A", as well as the parties' conduct and oral agreements prior to the execution of the written agreement and subsequent conduct during the course of their performance. 18. At all material times, Plaintiff, LALLY, provided valuable consideration and fully performed the express and implied terms of the contract to be performed by him for Defendant. 19. Defendant, through various acts and omissions, and in failing to perform 4 services to LALLY, as agreed, has wrongfully breached and repudiated the express and implied terms and conditions to be performed by Defendant. 20. The breaches of contract are substantial and material and have caused LALLY to suffer and to continue to suffer, as a direct and proximate result, substantially cumulative losses. 21. All conditions precedent to the filing of this action have been completed and/or waived prior to the filing of this complaint. WHEREFORE, Plaintiff, LALLY, demands judgment against Defendant, PITBULL, for damages for breach of contract, prejudgment interest, attorneys' fees, costs and all other relief as this Court may deem just and proper. COUNT II CIVIL THEFT 22. Plaintiff, LALLY, incorporates and realleges, as though fully set forth herein, the allegations in Paragraphs 1 through 21. 23. Plaintiff, LALLY, sues Defendants, DAVIS and PITBULL, for civil theft, pursuant to Chapter 812, Florida Statutes (1998). Defendants knowingly obtained, used, and/or endeavored to obtain the deposits and other monies received from LALLY for construction of the motorcycle with the intent, either temporarily or permanently, to appropriate the monies paid for Defendants' own use and/or the use of persons not entitled thereto. Therefore, Plaintiff, LALLY, is an "aggrieved person", entitled to bring a civil complaint under Chapter 812. WHEREFORE, Plaintiff, LALLY, demands that this Court (1) enter an Order for injunctive relief, including but not limited to the types of relief set forth in Section 812.035 of the Florida Statutes, and specifically, enjoining the disbursement, transfer, sale or other distribution of any properties or monies currently held or owned by Defendants; and (2) enter an Order, pursuant to Section 812.035(7), of the Florida Statutes, granting threefold the actual damages in this case, which consist of: any and all monies paid by LALLY to Defendants for construction and/or manufacture of the motorcycle for LALLY. COUNT III FRAUDULENT INDUCEMENT 24. The averments contained within paragraphs 1 through 21 are incorporated by reference as if set forth in their entirety. 25. At all times, MICHAEL DAVIS and PITBULL were under an obligation to pay itssuppliers for parts ordered prior to the completion date set forth in the contract. DAVIS and PITBULL entered into the agreement with LALLY and represented to LALLY that DAVIS and PITBULL had the ability to manufacture the motorcycle for LALLY. 26. At the time DAVIS and PITBULL entered into the written Agreement with LALLY, DAVIS and PITBULL represented to LALLY that it would pay the suppliers for the prior purchase of parts. DAVIS and PITBULL knew at the time it entered into the Agreement that it was not going to perform the duties under the Agreement. 27. The representations made by PITBULL and DAVIS were for the purpose of inducing LALLY to enter into a written agreement. 6 28. Subsequent to entering the agreement, LALLY learned that PITBULL and DAVIS falsely represented its position to LALLY by stating that it had the time and equipment to complete the motorcycle. 29. PITBULL and DAVIS knew these representations were false when made, and PITBULL and DAVIS defaulted on its obligations to LALLY under the written agreements. 30. LALLY entered into the Agreement based on PITBULL and DAVIS' representations that it would meet itsobligations, and LALLY has suffered damages as a result of those representations. LALLY would not have entered into the agreement and would not have given $20,000.00 to PITBULL and DAVIS. 31. The Plaintiff has retained the undersigned attorney(s) to represent his interest in this matter and is obligated to pay said attorney(s) a reasonable fee for services rendered. The Plaintiff is entitled to attorneys' fees pursuant to the Agreement, attached hereto as Exhibit "A" and pursuant to §57.105, Florida Statutes (2008). WHEREFORE, LALLY demands judgment against the Defendants, PITBULL and DAVIS for damages that may be assessed against said Defendants, together with interest, costs and attorneys' fees. COUNT IV 32. The averments contained within paragraphs 1 through 21 are incorporated by reference as if set forth in their entirety. 33. At the direction of PITBULL and DAVIS, LALLY paid Defendants money for the goods set forth in the Agreement. PITBULL and DAVIS wrongfully 7 diverted the funds from LALLY that were for goods that LALLY placed in their company account for their own use and not LALLY's. 34. Through the action of PITBULL and DAVIS in wrongfully directing the money. PITBULL and DAVIS wrongfully diverted funds to its own use and benefit. WHEREFORE, LALLY demands judgment against the Defendants, PITBULL and DAVIS for damages that may be assessed against said Defendants, together with interest, costs and attorneys' fees. Lath uker, Eden & Beaudine, LLP 390 h Orange Avenue, Suite 600 Orl o, Florida 32801 Attorney for Plaintiff Telephone: (407) 481-5800 Facsimile: (407) 481-5801 8 EXHIBIT A 2007 Motorcycle Buildsheet Pitbull Motorcycle Co. 4340 N. Orange Blossom Trail Orlando, Florida 32804 Phone: (407)290-9212 Facsimile: (407)290-9097 www.pitbul Imotorcycles.com 1- Pitbull'MotorcvcleCo. Jas Lally 4340 N.Orange Blossom Trail 3535 W. Colonial Drive Orlando, FL 32804 Orlando.Florida 32808 (407) 290-9212 (407) 290-9097 (407) 301-3921 (407) 297-7873 iasniaslallv.com 1 1 5" Backbone Stretch X 8" Downtube Stretch X 7'• Backbone Stretch 0" Do.mtubc Stretch XXXI.Package 5750 S Right-Side Drive 300 gieh) Optional - NIC S Right-Side Drive 260 (Chain) X Optional Riglu-Side Drive 330 (wo $ 1.000 S Drive 330 tChamJ Right-Side SLow S 45Degree Rake X Standard Straight Downtubc Standard Curved Downtube X 5300 S 300 Contour X Standard Flamed Optional-,'!C Tubed Optional- NIC 2.5" Bar WITHOUT Single SupponTube \ Standard Curved 5750 S S&S 11'" tvotidrd) Standard S&S 124" (POlislkd) S2-000 S - S&S 124" Twin Cam EFI (Polished) X 53.500 S 3.500 Baker Six Speed RSD (Poti twd) X Standard Baker X 5400 S 400 Open BDL 3" Standard Primo Closed Optional- N/C BDL'I'op Fuel 1(X)0 5900 S BDI. Top Furl 2000 x 51.200 S 1,200 Pritno Brute I V wiCovers 51200 S - Hi-Tech 4" 52.800 S Other Quote S Racing Billet 21- Weld Standard 24" Wire Whcel x 18" Weld Standard Racing Billet 21" Wire Wheel- Chrome (260mm MeizlerTin) x SI-500 S 1.500 Other S Chrome Wheel Package Standard Polished Whce) Package S 1750) S Powdercoatcd 1Vhee1 Package S 750 Metzler Avon Venom 300 Standard Metzler 260mm x HHI 4-Piston Caliper ichrwncl Standard Drive-Side System w!HH 14-Piston Caliper (Chrome) x Pitb ill Standad x Standard 63mm Im,ened (chn m) Standard 63mm Inverted Hidden Brake Line 5800 S - 63mm Inverted Black Momba Optional- N/C Suspension Springer Whri-) American x $500 S 500 Dual From Brake Upgrade x 5750 S 750 Arlen Ness Fly High Standard Arlen Ness Ram High Optional- N/C' Chrome Drag Bars w/6" Risers Optional- N/C Chrome 12" Ape Hangers Optional- NiC Billet Risers wiDakota Digital Speedo & Tacit 5750 S - Pitbull V-Bars (Pound) Optional- N/C Custom Bars- Chrome X Optional- N/C S Pitbull Standard x Standard ArlenNess (Chrane) $150 S - Arlen Ness Whro me l-run Ring Horsing) ..) P,imcd 5250 S - ! ay Brake (Chrome) Standard J ay Brake Hydraulic IChamc) 5300 S Performance Machine Contour -IS-itches (Chrome) x $700 $ Other $ Accutrooix Gothic (Chro.ne) Standard P erformance Machine Contour (Chrmr) x Optional- NIC Other S Extension wiGothic Pegs (Ch-vi ° Accutronis I Standard Accutmnix 3`- Extension w/Gothic Pegs (Chno ) Optional- NYC Accutronix -2° Extension wiGothic Pegs tehronn) Optional- NIC Accutronix Tribal Arms tchrn-) 5500 S - Performance Machine Contour 1Chnrt ) X 5500 S 500 Other S 1.4 kw X Standard Spyke Spyke X Standard Pitbull 2 into I X Standard SRS Chrome X Standard S Radius Billet Whromc) X Standard Leather X Standard Passenger Pad Leather 5150 S Custom Seat Corerinls/Designs 5400 S Performance Machine Passenger Peg Set (Chi) X 5125 S 125 ,,'bull Standard X Standard Pitbull Standard X Standard Pitbull Standard X Standard Streamline 14.5 Gallon) Independent Stretched Standard Stretched Pitbull Sporty (4.2 Gallon) Optional- NIC Independent Tormentor (15 Gallon) Stretched Optional- N/C Stretched Independent Hybrid WS Gallon) 5300 S Custom Tank X 5750 S 750 Pitbul) Round Standard Pitbull Long X 5200 S 200 None S (60) S - Fender Cuts Quote S Pitbull Standard Standard Fender Cuts X NIC S Horseshoe .X' Standard Painted w/Molded N'elds X Standard Powdcrcoated (wads cannot be Melded) CtMiomal- NIC NoGraphics Standard S - Stage I Graphics Package X SL500 $ 1.500 Candy Base Coat Upgrade SI-500 S - Upgrade Estimate (SIX Anadad) Quote S - 11 1 1 M $1,750 5 Tank into Seat Pan Area X- 1,750 'tank Around Whole Seat Pan Area S2.250 S - Tank into Seat Pan Area. Oil $3,000 $ Bag and Rear Fender - TurnSignals. Digital Speedo Mounted on RearCylinder X Standard Wicked Image (Left & Right) x Blue 5500 S Purple S500 S Green 5500 S Red 5500 $ - Single TubeSwingarm Suppon w:'o Tube X N/C Gel Insert for Scat \ SIM S 100 Tailight- Design Rear Molded TBD X $300 $ 300 120Spoke (Twisted) w/Appropriate Front Rear X See Above S - Fabrication onFront ofOil Bae X S150 S 1.50 Different Upright Design' X N1/C S - Front Downtube? Oblong $250 S 250 S M.S:RP: 36gW;. UPGRADES TOTAL: $` 131775 Customer Signature SSUBT.OTAL _ S 50,675`: AuwMG S TOTAL AL COST S 42 000" I VJY.Il Represe- a "Please vote erc -subject Ont. ESTIMATES -d that alt Rundtimrs to onpradod availability" rhao=e based -All orders arc non-refeadable-- SPECIA I, ORDERS and arc CONTRACT FOR THE MANUFACTURE AND SALE OF GOODS This sales agreement is made on 11/22/2006, between Pitbull Motorcycle Parts, LLC, a corporation organized and existing under the laws of the State of Florida, with its principal office located at 4340 N. Orange Blossom Trail, Orlando, Florida, Orange County, Florida ("seller"), and Jas Lally, located at 3535 W. Colonial Drive, Orlando, Orange County, Florida ("buyer"). SECTION ONE. MANUFACTURE AND SALE; DESCRIPTION Seller agrees to manufacture and sell to buyer the following goods: 2007 Pitbull Motorcycle Co. Dropseat Softail Chopper (the "goods"). &A,? 41 KW4Eh 6V1 C 121A. 6E_r SECTION TWO. PAYMENT Buyer agrees to pay for the goods as follows: $20,000 deposit on November 2b, 2006 and is non-refundable due to the special order nature of this project. The balance is due immediately upon substantial completion ("substantial completion" is to be determined solely by seller). If seller should regard its prospect of receiving the last payment insecure, it may demand payment prior to delivery. SECTION THREE. DELIVERY SCHEDULE Seller shall commence to manufacture/ordering parts within one week following receipt of buyer's initial deposit. Subject to the provisions of Section Five, seller will complete such manufacturing and make the goods available for inspection at seller's plant not later than one hundred eighty days (180) from the receipt of the initial deposit. If buyer's inspection discloses defects or adjustments, seller shall have a reasonable time to confect such defects and make such adjustments as are necessary. Buyer shall then have an opportunity to make a final pre-shipment inspection before taking delivery. SECTION FOUR. EXCUSE FOR NONPERFORMANCE Seller's obligations under this agreement are accepted subject to strikes, labor troubles (including strikes or labor troubles affecting any suppliers of seller), floods, fires, acts of God, accidents, delays, shortage of paqs, contingencies of transportation, and other causes of like or different character beyond the control of seller. Impossibility of performance by reason of any legislative, executive, or judicial act of any governmental authority shall excuse performance of or delay in performance of this agreement. Page I of 1 Ih l SECTION FIVE. ENTIRE AGREEMENT The parties agree that this constitutes the entire agreement and there are no further items or provisions, either oral or otherwise. Buyer agrees that it has not relied upon any representations of seller as to prospective performance of the goods, but has relied upon its own inspection and investigation of the subject matter. The parties have executed this agreement at 4340 N. Orange Blossom Trail, Orlando, Florida 32804 on the day and year first above written. Buyer 4 2 L'l Page 2 of 2 NAME Bank DETACH REMITANCE o1 TO 28 0 ORDER KISME, ,Sauthside THE No. AND RETAIN ADVICE America_ DEALER CODE (407) Orange FLORIDA83-10 Blos m A 111A 6-4396 3474 Kia Trail gUL u'0864 ' y K1SlME, 5vuthside 11 1NC.i ar .n a4It62 4 Maw se - r14 W U-vkAt10 6 28 0 KISME, No. yrYi-5 --/e L0'c?1: (ao7) Orange vaR[Y FaLO3RsIDA-RID0 Blos m .. 8DAYS. 3474Trail NUMBER / ,=, CHECK yr