`
`IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`OMIR BERNARD CIVIL DIVISION
`et al.,
` CASE NO.: 2021-020147-CA-01
` Plaintiff,
`v.
`SE LAVI PRODUCTIONS, LLC
`and STANLEY GABART,
`
` Defendant,
`______________________________/
`
`DEFENDANTS’ ANSWERS AND AFFIRMATIVE DEFENSES
`
`COMES NOW the Defendants, by and through his undersigned attorney and for his
`answer and affirmative defenses states as follows:
`
`1. Denied. Defendants do not believe that the Plaintiffs have satisfied its conditions
`precedent in order to establish causes of action for breach of contract, breach of fiduciary
`duty, equitable accounting, declaratory relief, and copyright infringement.
`2. Denied.
`3. Denied.
`4. Denied.
`5. Admit.
`6. Admit.
`7. Defendants are without knowledge and thereby deny.
`8. Denied.
`9. Denied.
`10. Admit as to Defendant SE LAVI only.
`11. Denied.
`12. Denied.
`
`DAVIS LEGAL CENTER
`2719 HOLLYWOOD BOULEVARD
`HOLLYWOOD, FL 33020
`1
`
`
`
`13. Denied.
`14. Denied.
`15. Denied.
`16. Denied.
`17. Denied.
`18. Denied.
`19. Denied.
`20. Denied.
`21. Denied.
`22. Denied.
`23. Denied.
`24. Denied.
`25. Denied. Defendant SE LAVI does not believe that the Plaintiffs have satisfied its
`conditions precedent in order to establish a cause of action for breach of contract.
`26. Denied.
`27. Denied.
`28. Denied.
`29. Denied.
`30. Denied.
`31. Denied. Defendants do not believe that the Plaintiffs have satisfied its conditions
`precedent in order to establish a cause of action for breach of fiduciary duty.
`32. Denied.
`33. Denied.
`34. Denied.
`35. Denied.
`36. Denied. Defendants do not believe that the Plaintiffs have satisfied its conditions
`precedent in order to establish a cause of action for equitable accounting.
`
`DAVIS LEGAL CENTER
`2719 HOLLYWOOD BOULEVARD
`HOLLYWOOD, FL 33020
`2
`
`
`
`37. Denied.
`38. Denied. Defendants do not believe that the Plaintiffs have satisfied its conditions
`precedent in order to establish a cause of action for declaratory relief.
`39. Denied.
`40. Denied.
`41. Denied. Defendants do not believe that the Plaintiffs have satisfied its conditions
`precedent in order to establish a cause of action for copyright infringement.
`42. Denied
`43. Denied.
`44. Denied.
`45. Denied.
`
`WHEREFORE, Defendants respectfully request this Court:
`
`a. Enter an Order denying the Plaintiffs Complaint; and,
`
`b. Any other relief the Court deems just and proper.
`
`AFFIRMATIVE DEFENSE:
`
`FIRST AFFIRMATIVE DEFENSE
`
`FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED
`
`Plaintiffs claim that the Defendants breached its contract, breach of fiduciary duty,
`
`equitable accounting, declaratory relief, and copyright infringement, which subjected the
`
`Plaintiffs to this civil action is a claim upon which relief cannot be granted in this case
`
`because the Plaintiffs were engaged in a legal business contract that did not involve any legal
`
`causes of actions to which the Plaintiffs are entitled to claims for relief.
`
`DAVIS LEGAL CENTER
`2719 HOLLYWOOD BOULEVARD
`HOLLYWOOD, FL 33020
`3
`
`
`
`SECOND AFFIRMATIVE DEFENSE
`
`Defendants acted in good faith at all times relevant to this Complaint.
`
`THIRD AFFIRMATIVE DEFENSE
`
`Plaintiff is estopped from pursuing this civil action because it has failed to
`
`conduct an adequate investigation and filed its Complaint without sufficient prior
`
`analysis of the facts or understanding of the currency, venue, business activities, and/or
`
`the currency’s rightful owner.
`
`FOURTH AFFIRMATIVE DEFENSE
`
`The allegations contained in Plaintiffs Complaint are compound, vague, and
`
`ambiguous.
`
`FIFTH AFFIRMATIVE DEFENSE
`
`Plaintiffs cannot obtain a forfeiture judgment pursuant to the unclean hands doctrine.
`
`SIXTH AFFIRMATIVE DEFENSE
`
`The Plaintiffs cannot obtain a judgment because they had not acted in good faith.
`
`RESERVATION OF RIGHTS
`
`Defendants reserve the right to assert additional affirmative defenses and/or
`
`amend his affirmative defenses as discovery warrants.
`
`DEFENDANTS DEMAND FOR JURY TRIAL
`
`Respondent hereby demands a trial by jury on all issues so triable.
`
`DAVIS LEGAL CENTER
`2719 HOLLYWOOD BOULEVARD
`HOLLYWOOD, FL 33020
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on May 3, 2022, I electronically filed the foregoing with the
`Clerk of the Court by using the Florida E-Portal system which will send a notice of electronic
`filing to the following:
`
`WOLFE LAW MIAMI, P.A.
`Counsel for Plaintiff
`Latitude One Building
`175 SW 7th Street, Suite 2410
`Miami, Florida 33131
`Telephone: 305-384-7370
`Facsimile: 305-384-7371
`
`Respectfully Submitted,
`
`THE DAVIS LEGAL CENTER
`/s/ Dameka L. Davis, Esq.
`Dameka L. Davis, Esq.
`2719 Hollywood Boulevard, A-1187
`Hollywood, Florida 33020
`Telephone: 954-256-5958
`Fax No.: 954-272-7665
`Email: davislegalfl@gmail.com
`
`DAVIS LEGAL CENTER
`2719 HOLLYWOOD BOULEVARD
`HOLLYWOOD, FL 33020
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
