CASE NUMBER: Division: AN Filing 66789662 E-Filed 01/19/2018 04:10:00 PM INTHE CIRCUIT. COURT. 01: THE FIFTEENTH JUDICIAL AND FOR FLORIDA RICHARD Plaintiff;- CHANCE ANTHEM, ?a Florida limited liability company, Defendant; 1. SM COMES the Plaintiff, Richard Neff, by'and through hisundersigned counsel, and. :hereby sues the Defendant; Chance Anthem,_iLLC, and alleges the following; Parties, Jurisdiction. and Venue This is an action 'for'darnag'esin exees's 'of $15,000.00.- 2. Theplaintifn RICHARD NEFF is: a- Palm. Beach. .COunty. 3.. The: defendant, CHANCE is a Florida. limited. liability company with its principalplace?of business'located-in Palm Beach-County, Florida. 'Venue is proper in PalmBeach County as the cause'ofaetion accrued in-Palm Beach. Counts/s Factual Allegations 5.. INEFF was approached by gmey SiSkind, asaniagent and'themana'gin'g member of CHANCE, with an investment opportunity to purchase, refurbish, and; ultimately re?sell. property in Palm Beach Cbunty; FlOridajlocated at 3445 Santa Barbara'Drive, Wellington, Florida'- FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 01/19/2018 04:10:00 PM was assured by'Siski'nd as'agent and managing-member of CHANCE that; 'in exchange for an investment of Five Hundred Thousand Dollars CHANCE wou1d. "purchase the Fromm/3. convey .8 promissory mate's-mortgage'on the Property for? Fivc Hundred Thousand Dollars. tandg?irther, NEFF would receive a return or This .inves?tinentand thenretmn of his. principal. 7. accepted the offered-terms and in October .201 5, gave to CHANCE the Five Hundred Thousand Dollars for. CHANCE to purchase the property. 3. In July or 2016, CHANCE lapproached NEFF and advisedNEFF it needed an additibnal Twenty-Five Thousand Dollars, for further reof improvements to the- _Property.?_ NEFF gaVe to CHANCE TWentys-Fivej Thousand Dellars ($25,000,00) and further believed his investment would be protected bythe same assurances Siskind gave him as tofthe initial Five?Hundred Thousand Dollar transaction. 9. By the spring of 72017,. NEFF became concerned that something wasamiss when he hadfnot received .a promissory note, aimortgage, nor any repayment of his investment. He contacted CHANCE regarding the'pro'pertyand began?to: conclude something was wreng.;Based upon information and belief,,renovat_i0ns to the property had. not occurred and the Five-Hundred Twenty-Five Thousand Dollars was unaccounted for. .10. Based upon- infermation and belief, CHANCE encumbered the Property with mortgag?e(s) after investment without consulting or advisingNEFF. based upon' j_representati0ns made?by' Siskind'asagent and manager of CHANCE, believed he would receive. the ?rst mOrt?gage; on the .'_Property for 'his Five Hundred Thousand Dollar investment. COUNT I CONVERSION 11. Plaintiff reeadopts and re-alleged 0 asif fully set forth herein. 12. NEFF "transferred. 3a total" of Five Hundred Twenty-Five Thousand Dollars to. CHANCE fer the purchase and renovation'of the Preperty. 1'3. CHANCE intentionally and w'rOngfully exercised dominion and centrol over Five Hundred TWenty-Five Thousand Dollars. Whichhad been entruSted to CHANCE. CHANCE. mong?illy used the Five Hundred Twenty-Five Thousand Dollars for. its own purposes and failed to use it as was represented to NEFF.. 14. NEFF has demanded the return of the Five Hundred Twenty-Five Thousand Dollars . and CHANCE has re?rsed to return it, and CHANCE thus continues to improperly exercise dominion and control over money. 15. NEFF has been damaged as a result of conduct- the Plaintiff, RICHARD NEFF, demands'j'udgment for damages against the Defendant, CHANCE with taxablecosts and suCh other further relief as the court deems neceSSary' and proper. COUNT II ST ENRICHMENT 16. Plaintiff re-adopts and re-alleged. paragraphs . 1,-10 as if fully- set forth herein. 17. NEFF conferred upon CHANCE I a bene?t by transfening to CHANCE Five Hundred Twenty?Five Thousand Dollars 18. knowledge of the-bene?t, and in 'fact requested the amount through its agent, Siskind. 19.. CHANCE accepted, retained, and used for its ?purthses'_ conferred 'upon bene?t of Five Hundred TWenty-FiveThousand DOllars ?20. The circumstances aresuch that it .would'be inequitable and unjustfonCHANCE to retain the. bene?t Without paying fair value for it. 21. damages are the direct and proximate result of tertious" conduct. damages continue and are ongoing. WHEREFORE, the Plaintiff, RICHARD NEFF, demands 'judgmen'tfor damages against; thetDefendant, CHANCE ANTHEM with taxable costs and such other'further relief as the Court deems necessary and proper. COUNT - ACCOUNTING 22. Plaintiff re-adopts and re-alleg'ed paragraphs 1-1.0 as if forth herein. 23. NEFF and CHANCE shared a ?duciary-relationship through which received money. and property in trust for NEFF to undertake investment in' the Property- as presented to Neff by CHAN agent, Siskind. 24. CHANCE undertook suCh trust from?NEFF.? and assumed a duty to, among other ?things, exercise reasonable Skill, care, and diligence in holding and'uti_li__zi_ng money in ful?lling the obligations'to NEFF under theiterm'sof their investment agreement. 25.; 'Becausegof the ?duciary duties relating to the holding and diStributidn of transferred. Eive Hundred Twenty-Five Thousand Dallars and because legal remedy is inadequate, NEFF is entitled to an accounting; Plaintiff, RICHARD NEFF, demands an accounting of the amounts provided by NEFF, and'sueh other-further relief as the COurt deems ?neCessary' and proper. COUNT IV 26.. Plaintiff re-adOpts and resalleged paragraphs . 1.410 as if fully. set forth herein. 27. CHANCE, by and through its agent and manager Siskind,made false statements regarding material facts to NEFF, speci?cally concerning. the Five" Hundred TWenty?Five Thousand Dallars given by NEFF to CHANCE and'the purposes'for which those funds would?be used and the bene?ts'to be conferred to NEF . 4 28. CHANCE, based upon information and belie?'lt?new thOse'Statements Were not true. In any event, CHANCE should have ltnown those statements made by SiSkindtoNEFE 'werenot true. 29. CHANCE, through Siskind, intended to rely on'those untrue statements, and speci?cally intended NEFF to rely and actupon those untrue statements; 30. :Indeed, NEFF did rely and act Upon? those . untrue Statements, as shown lhy the conveyance'Of the Five-Hundred Twenty-Five Thousand Dollars to CHANCE. 3H1. NEFF suffereddamagesasa result of this justi?able reliance on CHAN false statements. NEFF has su?ered and continues to suffer damages as a result of tortious "conduct. Plaintiff, RICHARD NEFF, demands-judgment for damages against the Defendant, ANTHEMLLC, together With taxable costsand such other further relief as the Court deems necessary and prOper. COUNT IV - FRAUD 32. Plaintiff re-adopts and re-alleged paragraphs 1-10 as if fully set forth herein. 33. CHANCE made false Statements regarding material facts to NEFF. through its agent and manager, Siskind. ThoseStzitenients concerned myriad issues concerning the Prbperty-a'nd the? purpose anduse of the: Five HundredTWenty-Five Thousand Dollars CHANCE requested from NEFF. 34. Based upon information'and belief, these statements to'be false. Further,- CHANCE ?net only knew these statements to be false, but intended for these false statements toresultin undertaking 'aetions that, but for the false statements, NEFF would not have undertaken, Speci?cally, conv?ying Five HUndred TwentY-Five Thousand Dollars; for matters related to the Property, 35. reliance upon statements was reasonable and justi?able. 36. NEFF- suffered damages as a result of false statements. .SNEFF has. suffered and continues -to suffer damages as a result of tortious conduct. INEFF reserves amend this Complaint to allege punitiveidarnages upon a proper shoWing in 'thereCord. WHEREF ORE, the Plaintiff, RICHARD NEFF, demands judgment {for damages against ANTHEM LLC, together with taxable-costs and any other-further relief as the Court deems necessary and proper; 3300 PGA Boule ard Suite 630 Palm'BeaCh Gard Telephone: '(561) 627-4775? .Telefax: (561) 627-4802 Florida Bar No. 375187 Service: alanespy@bellsouth.net Secondary:_' espvlaw58@gmail.com