Case Number: CACE-15-012973 Division: 08 Filing 29983490 E-Filed 07/22/2015 05:21 :42 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA SUPERIOR MOVING STORAGE, INC., 3. Florida corporation, GENERAL CIVIL DIVISION Plaintiff, CASE NO.: v, ELYSSA SANDBRAND a/k/a ELYSSA KAPP and RICHARD KAPP Defendant. COMPLAINT Plaintiff, SUPERIOR MOVING STORAGE, INC., by and through its undersigned counsel, sues Defendant, ELYSSA SANDBRAND a/k/a ELYSSA KAPP and RICHARD KAPP and states: NATURE OF THE ACTION 1. This is an action for damages in excess of $15,000 for defamation, and therefore within the jurisdiction ofthis Court. 2. Plaintiff, SUPERIOR MOVING STORAGE, INC. (?Superior?), is a Florida corporation organized and existing under the laws of the State of Florida. 3. Defendants, Kapp, are individuals residing in Broward County, FIorida who contracted with Plaintiff to move household goods within Broward County. IURISDICTION AND VENUE 4. This Court has personal jurisdiction over the Defendant inasmuch as they are residents of the State of Florida. FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/22/2015 5:21:41 5. Venue is proper in Broward County, Florida as the Defendants are resident of Broward County, Florida. 6. Superior is a licensed and insured moving company that provides local and long distance moving services for both residential and commercial businesses, It also offers storage services in a fully air conditioned and secure storage facility. 7. On or about April 2015, Superior and Kapp executed a Guaranteed/Binding Estimate (the ?Estimate") for a residential move. 8. Thereafter, Defendant executed the following documents: a. South Florida contract for Services/Bill of Lading (the ?Bill of Lading?); b. Consumer Disclosure, declining additional valuation insurance coverage; c. Inventory Options declining a written inventory; d. A ?Welcome to Your New Horne? form. Copies of each of the documents is attached as composite Exhibit A 9. Pursuant to the Contract, Superior performed the move in accordance with the parties' agreement. 10. Despite the fact that Superior fulfilled its contract, the Defendants have been defaming Superior in online postings. Defendants, through the Yelp account of Elyssa 8. published the following false statements about Superior: ?One ofthe movers was an extremely disrespectful male chauvinist and should not have a job interacting with women. These guys didn?t care what the boxes said! They were turning fragile boxes upside down. They threw a box that said "fragile heavy plates" and sure enough EVERY SINGLE PLATE got broken on the side the box landed on. Their complete and total gross negligence is evident in how our property was damaged] actually think the chauvinist WANTED to damage our furniture, property and house. It seems impossible that everything would be damaged without extreme gross negligence and intended ill will.? 11. Each and every one of the above statements is false. 12. Superior has been required to retain the undersigned counsel to represent it in this action and is obligated to pay said counsel a reasonable fee for services rendered. 13. As a direct and proximate result of the foregoing false statements, Superior has been damaged. WHEREFORE, Plaintiff, Superior, respectfully demands judgment in its favor against Defendants, Kapp, for compensatory damages, special damages including lost profit and revenue, attorney's fees pursuant to the Contract, and such additional relief as this Court deems just and proper. IURY DEMAND Plaintiff demands trial by jury of all claims so triable. MICHAEL B. MANES, RA. Attorney for Plaintiff 950 S. Pine Island Rd., A-150 Plantation, FL 33324 Telephone: (954] 523-4844 Email: michael@maneslegal.com By: Michael B. Manes Florida Bar 372684 mm: m: mum upEnIun A much": "Mum a- 3 2055 aLoum ROAD - POMFANO, FL 33069 UH (954) 97349909 - (551)740-7120 '(800) 992-2973 lam ?27. FE. Fax [954) 917-2645 Guarame-ed Binding Eslimale Visit us a Customer maxLG mm.- Phone (home) . mm was. Iowans m: (ans Baku. w'fls'c m: ,7 Phone (work) 9: Movlng From jar Truck Access /5 DR 7 *m Moving Wimsz mama: swam>> uovnm mu. "so m. mm: 109cm Boxes 7 apt/anal Services: Packmg Dy Movers anavobe Vole; SSE: A paswuu mun: MArmEs us. '7 RenvoLs: 3 thNa ammo: me: 520 on gaging MQveI's DIS/ReAssembIe Fumnue No svanuzi on nuns. '/vaoge [mr 7 per momn Guaranteed I'ncc < W, SOUTH FLORIDA FOR SERVICESIEILL or LADING unuo SUPERIOR MOVING 8' STORAGE, INC. 2055 BLOUNT 'surlsmow r. sum/~er vs nose WE erF Hsoor malw 9753999 or meaMs/umvsa>> MC "mun Rimsn'unow ND vaz asu elm uvea rm Nu lo! ND um 'Est ms/aa/ems mus nuvn News Mn: 1 MEan Pm Noun was mam: Momma mm mv/u wunxmn W. mu On". o; mus m-Cmmn .71.. w. 91' mm": Cumva mum summw .v WW, Nannies V'Emmun 92mm gm. ,Naunsm ,Jmm r. vauAynan tnvzuws mm" \Imvn'ueL-H WW ynund was 9721 ms 'Ey um hum. you am wan/Inn "Thin "we. caveman plant." ynuv pusl anon; am. <>. same: to as Ancumz ,w mm ALL 1 )1 21m wrouwmml mam" 4. we mm: m: MOVEK cuum'v REuumEs mm A MOVER 90555550: or m, mun coon: Mu colerE vow MOVE um WNW. mm or No MDRE mm ma mwummuum L's; mum Mum: amen BALANCE DUE mm>> nus my:me a, ,m-mw mm 55/33/315 ()muw Mr 7 mm;er smut-n: m, B'q/zwzum ,Em Terms and Conditions 1. Liability of the Company: Any fragllo articles to breakage or undated mlrrors. marble, glass. glass loge, stanzas. as well as unboxed pictures. All dishes, chine, glassware, ceramics, colleolables, lamps. lampshade: or any items in packed by owner boxes will be bold at .60 cools per pound liability Full replacement validation will only apply lo these items if both and unpacking on the tab] of lacing. ?l?he company is not liable {or walls. ?oors, doors. ceilings. railings. slalrs, landings, (lies. marblelwood lioorlng, canceling and fixtures w?lhin and around the residence, The companme notceny andl'orbellable In any wayfortbe loss ordemege to currency, precious stones, comments. stamps. securities, spades. silverware, jewelry. or any article of sxbeordlnary value unless such article of value was agreed to In writing, and unless additional valuation clargos rs assumed by the customer. as {hereon The company shall not be charged with knowledge or lhe coolenls of the containers or the condition thereof. Thecompany shall be inmrediatotyno?liodola? clotmsloroonoealed andior external damage in original pacitege. {he property with materials elliice kind and quality not excaodlng the actual cash retire oftlte properly at time and place allowance for depreciation or deterioration howsoever consort but In no evenl to exceed the released value as hereinafter set forth. lsless oftbeicstordamcged places only. and shall not extend to repair ropiacomontor recovering the entire set. but in no event to exceed the released or declared value as Indicated. ??re company shall not be liable for loss or damage after the (or render any services) at a place or places the customer or its agents is no: property shall beetllxedskofthecostomcrs?or unloading ?delivery. Where the company lobed {or render anyserviccs all a place wstomerorits be a: the risk of the customer before loading. valuation charge lhsreon then the motomor hereby agrees in the company?s limited (mantlesfurlhersotlorhbelowln this subdivision Where the shipment has been released to the company at 8 votes no: agreed that said property be moved packed forwarded, or otherwise handled cuslomer and said sewice over and above the company?s are solely cuslon'rer?s responsibility with respect to any damage loss or delay {or any reason only on the basis ofcusto are declared valuation ollho goods. The burden of proving negligenoeorlallureto of God orlho public enemy we: insurrection smiles labor trouble, (lots, ?re. earthquake notwe of the property or detects or inherent vice therein deterioration by time moths. termites or pillar insects. Vermin rodents. wear and tear. leakage. ?re or any cause failure to exercise the degree ct reasonable care requlred by law of a reasonably grudcnl person. phonograph, clock. alrcond?rllonerorotbor crappllanoowlre?'reror not such Where the shipment has been released lo the company at a salon In excessofSSOporpound in consideration of the additional charge for soon valuation scheduled thoran it is agreed that company w?l be responsible for all less and damage to wstomer?s 1 mlldow, termites. vermin and color insects: rust inclinations. atmospheric oondillom, natural deterioration, inherent vice or dialect ol the property or for loss or damage or delay . contributcdloorceused by the nudesr?sslon rlotsorby acts ofCod ln lite eventolloss will oflossordamageor the costs to repelr the property or to replace ll with material cl kind or qoanlily ell loss and deer to ?slower! properly exceed in tolol the voice speci?ed by the wstomer ln rolling on the doclaratlon ofvelus on the face hereof. SECTKIN 2 Termsoll?aymonl: oltargosaronotpald bylrielawsotthe be charged on all such unpaid balances. it is agreed between the Company and the Contract will be treated as liquidated damages and rololnod by line Company in tho Cuskzmer agrees thatonce they have presented payment to company {113le oolstop payment for any reason. 85011024 3 Company has a lawful possession of a legal and aulhor?ly to tender all of the properly herein desu?bed and that then are and will be no lions. mortgages or the Costcmer to contract for services. and if there be any concerning the property, lite Customer agrees to pay all storage and other More together with costs and expenses. including reasonable attorney?s fees which this Company may reasonably 'rnwror become liable to pay in connection Win. Company shall have a lien on said property for all charges and for such costs and expenses. The Customer agrees to lndenmliy the Company regard to any costs or expenses that may occur Including reasonable attorney?s fees. with regard to a claim of ownership andior possesslon made by any party with regard to the goods speci?ed herein. The lion spectllod horeln shell also cover legal expenses in bringln or defending on lnterpleedar ec?on to determine line manly: endlor ol possession property speci?ed in oils Connect, lire Company may, at Its option. bring suit for reimbursement pursuanl to the foregoing provlelons without lunher foreclosing on its lien. 4: Company?s Lien: ll to agreed that the Company shall have a lien against any and all lrom lilo sale hereof tor all charges provided herein. lnclodlng Mlhout cialms for moneys advanced storage, bansporlstion. interest labor and all other charges or expenses in relellon to said property or any part thereof, and also for Court costs, reasonable attorney?s fees and other legal expenses Incurred by the Company as a result of any litigation in which the Company may be Involved in connection with the tendered goods as well as any and all other charges and expenses for notlce and advertisement of sole of the property where default has been made also for all cools lien or caused lor any controversy arising out of cm?lotlng claims of ownership of any laterolosdor calico from the ballroom of the goods or distendan Itself. cocoon to sellst any and all charges lncludlng interns: herein shove provided which charges are not pald when doe plus the expense for oresowetlon of the goods publlcallono?lsrollmo and place of sale, as well as any legal expenses Includlng reasonable attorney?s fees. Which may be necessllabsd by sold sate. Thellsn upon anyandailpmpertylenderodwlm thoCoxnpony shellalso include unpaid charges and expenses to properly previously tendered with mpedyhasbeendelimed bytheCompeny all properly which is subject to the lien shall be sold. proceeds tor sale In excel? of charges secured by the lion plus the cost at preserving the goods and conducting the The Comm may at its optlon bring suit for reimbursement pursuant lo the foregolng provlslons wllhoot ?rst forecloclng upon ?lls lien The Company shall have a further llen and may reserve other sewr'rty interest property which has been or will be tendered to it to sown: repayment of moneys and Interest thereon advanced to a Customer or on Customer's account (9) The Company shall be presumed to have acted tn good tellh and in a reasonable and commercially acceptable or if it seeks to enforce its lion pursues: to the appropriate provislons of rho States Unltorm Commercial Code sndior talcum! Stables, 5561103 5 VEHUE: in the even: of any Elligallcn arising our of. resulting from or related to. this contract earlier the moving, storage andlor possession at property by the Florlde.endlhat drelawsoltbaStatachlorlda shallgovern. Further. shall be entitled to a reasonable attorney lee. court costs, and all other expenses incurred in soon litigation interstate Mom: in addition to all lorros and conditions set lorlh herein. internists move concede are cooled to all the rules, rogulcllons. rates and merges In carrier?s Wily lanes.th speci?ed by the carrier. The carrier stroll not be liable for delay caused by highway obslroollon or latu of impassable highways, or lack of molly of any highway, bridge or terry. or schedule. means. vohlde or than with reasonable dispatch. Every carrier or roule balwaon the palatal shipment and the polnl ofdos?nallon. sermon 7 Time for Claims: lessordeslrucllonofordamgeto soopotted by a paid delivery bill and tiled the Cornoany within stray (60) days alter the dole the goods are delivered, or demand thereof Is refused. Unless otherwise waiver of the desolptive written ll any. shall apply. Special Exception: Palm Beach Conroy-Above applies with exception to period goodslo noti?lya moving moodyth ofany olalm. loss ?damage. Ira be oxplansdontotho consumeroflhe stelosendroason fertile ?lawman delms muslbe resolved ?dildo ninety {90} days. section 8 Macrame?Bene?ts to Baltee. The Company or any party liable or concord ollossordemogetoanyofmo propertylooderod accounlsald shall notavold rho policies oilnsurancs PROVIDED that Company reimburse the claimant lot premium payment thereon. 9 Further Liability Restrictions: It is clearly understood that In undertaking the services speci?ed herein the Company is not acting and shall not be doomed to be ?nding as a common carrier tor any purpose whatsoever: l0 Compenyof lhalr nature shall be llable for and the Company against all loss or ceased by such goods and such goods may be wsrohousod at mister-net?s risk and expense or des?lroyod without compensatlon. secnon ll Entire Agreement?Sevembllity?. This agreement represenl the entire controclbelween the Customer and an ollicer of Company and it shall be deemed to apply to all pmpertyofeny Company the future pack or ship for tho Cussomer?s If my oarsgraoh or portion therool ls found to be unenforceable {or any reason. ii shall not altoct the remainder cl title Contract than said shall be fully enforceable and shall govern the rights and of the parties. Southeast Florida -- Til--County stir-anion not/mo Ann at standard Household Moving Company 2055 Elam no. Pomp-w r-t mm moor. rn (954)mmfi mer Browatd a osure amp-removam Dude Ll Palm Beach 1) Sign confine! II the bill cost of your motto is not clauvly shown The current data and time must. be Included when yau sign tha canth 2) sign contract unless it is given to you 23m to wrapping. Packing or loading your goods. 3) get a 60W 04 comma immedialely "Don sinning. 4) FORM OF PAYMENT - every moving company must nooept at least two oi the fallowina payment methods: m' Cast- (lnolodes cashier's check, money order or traveler's check) Person-l check (Must snow imprinted name and address) Ll Credit Card (Must include but not limited to VISA or MasterCard) 5) VAL COVERAGE -- (Vou have two options - initial your enolce) Option 1 -- Standard Valuation Coverage: PLEASE READ CAREFULLY - by 1: ing this Option you are waiving certain valuable ooverage which protects your possessions above <INVENTORY OPTIONS INVENTORY: READ CAREFULLY A WRITTEN INVENTORY WILL NOTE ANY ITEM (S) SUPERIOR MOVING STORAGE WILL BE TRANSPORTING. THE INVENTORY WILL STATE BOTH HE EXACT AMOUNT OF ITEMS, AND TI-EE EXACT CONDITION OF ITEMS BEING TRANSPORTER CUSTOMER WAS NOTIFIED of their right to a descriptive written inventory of their items to be moved by Superior Moving Storage. By signing this document customer either ACCEPTS or DECLINES a full Written inventory of items to be transported. By declining the descriptive inventory it is the customers responsibility to inspect each item and note any damage/loss caused by Superior Moving Storage on the contract for at the completion of the move CONTRACT MUST STATE LOSS ITEMS. The contract for services section 7 allows a certain time period for filing claims. Superior Moving and Storage has no knowledge of pre--existing damages unless a full-completed inventory is performed before the move. In order for your claim to be processed, damages must be noted at the completion of the move, or noted on an inventory at delivery. IF YOU DECLINE A WRITTEN INVENTORY, IT IS YOUR REPONSIBILITY TO INSPECT YOUR ITEMS AND THE TRUCK AT THE COMPLETION OF THE MOVE. I ACCEPT the written inventory and understand this will add additional time and cost to my move. 3; SIGNED: DATE: I DECLINE THE WRITTEN INVENTORY AND UNDERSTAND it is my responsibility to inspect all of Itmes and note and damages or loss on DATE: Welcome to Your New Home Please read the followmg IMPORTANT Informa for Your Protec on Pursuant to Section 7 of your Contract for Moving Services you have 60 days to file a written claim for damages, with exception to Palm Beach County, wherein you have 30 days to file a written claim for damages, PLEASE INITIAL HERE to confirm you have read and acknowledge the information contained in paragraph If you decline your right to a written, descriptive inventory at the beginning of this move, you are responsible to confirm all items have been delivered without damage and that no items are missing. In the unlikely event of damage or missing property, we will accept any claim submitted within county-mandated time guidelines However, in order for us to recognize liability, if any items are dam- aged or missing, you must note all pertinent information on the lines provided below and/or on the back of this form, or your claim may be denied By signing this form you confirm that all items were pad wrapped prior to transport and re- mained pad wrapped until delivery, as well as affirming you have inspected the truck to assure all items have been received and sustained no damage Notes: HERE to confirm you have read and acknowledge the information contained in this paragraph Excellent or! Fair Poor Were you happy with your overall move? Was our office polite, courteous and efficient? Ll i Were the movers polite, courteous and efficient? Additional Comments: Signed: Dated: 4;