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Ray
Ray, Lawyer
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As a matter of proper form, would the closing paragraph of

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As a matter of proper form, would the closing paragraph of each count of a civil action (i.e., Conversion, Tortious Interference, Unjust Enrichment) declare in its demand for damages that it was also seeking Punitive Damages per 768.72 and 768.73, or is a single state of that at the beginning of the action good enough? My concern is a technicality claim by the defense to dismiss punitive on one count or another if it is not demanded per count.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your follow up.You would state that you are seeking damages based on conversion including punitive damages, or something to that effect.You would be seeking punitive damages here for say conversion but not under 768.72 because the statute doesn't allow for them.

RayAnswers :

You are wanting to add a claim for civil conversion here separate and distinct from 768.72 without referring to it because if you remember no punitive damages under this particular statute only treble ones.

Customer:

I must have missed something previously on this issue. Under what statute does Punitive apply to Conversion, Tortious Interference, Unjust Enrichment, Breach of Contract and Unlawful Acts and Practices?

Customer:

Is conversion covered by the same rules as Civil Theft? I know that Civil Theft has no provision for Punitive.

RayAnswers :

Each of these claims is going to have a separate cause or claim.For instance you would claim the same events were not only civil theft under the section you reference but then in a separate section alternately plead there was say a breach of contract.In that paragraph you would state something to the effect that plaintiff alleges that the parties entered into a contract on the ---day of --and that said contract required defendant to do x and that defendant breached that contract.As a result plaintiff suffered damages in the amount of...Plaintiff would further show that defendants acts were intentional and warrant punitive damages.

RayAnswers :

Then you can claim in the next paragraph that plaintiff claims alternately without waiving the foregoing that defendant has committed civil coversion.Plaintiff alleges that defendant did y and that these were intentional acts and warrant both actual and punitive damages.

RayAnswers :

Breach of contract reference.

Customer:

I think I have that part; but I have a separate count for the list I mentiond above. The same acts constitute Conversion, Civil Theft, Unjust Enrichment.

RayAnswers :

Thats right the facts are the same here but they may support each of these claims and damages for each one.

RayAnswers :

Here is an order that goes through the laundry list and may help you here too.

Customer:

So then would not a separate claim for punitive damages be appropriate with each count?

RayAnswers :

With the ones that allow it--anyone other than the civil theft one pursuant to the 768.72 there you are claiming treble damages pursant to that specific statute.

RayAnswers :

Here is good summary of breach of contract.

Customer:

Sorry for my thick head, but I think we're saying the same thing. Civil Theft specifically prohibits punitive, but each of the others can accept it. Thanks for the links, looks very helpful, too.

RayAnswers :

Thanks for letting me help.Have a great weekend.

RayAnswers :



It has been my pleasure to assist you today.


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Answers given are for informational purposes only .


Ray, Lawyer
Category: Legal
Satisfied Customers: 29917
Experience: 29 years in civil, probate, real estate, elder law
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Customer: replied 1 year ago.

Ray, I read the ruling in the NYESA COSTA RICA v. WILSON CAPITAL, and find many similar issues between it and the instant matter I was asking about. Would punitive damages be allowed on the Fraud, Conversion and Unjust Enrichment of that case, and if so, why is it not mentioned?


Michael

Expert:  Ray replied 1 year ago.

They would you just need to prove and plead them here and not reference the civil theft statute.They are separate alternate things you can plead as causes of action.This gives you multiple chances at damages.Thanks for letting me clarify this for you.I appreciate the chance to do so and your patience.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29917
Experience: 29 years in civil, probate, real estate, elder law
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Customer: replied 1 year ago.

Thanks for your patience.

Expert:  Ray replied 1 year ago.

In order to claim unjust enrichment, you have a contract implied in law to exist in a particular case, the defendant must have received a benefit or been unjustly enriched, and should be required to compensate the plaintiff. No property interest is necessary here. It is sufficient to establish that a defendant received a benefit.

 

Here also a plaintiff must also prove that he or she has exhausted all direct remedies against any other party, with whom he or she is in privity of contract, prior to pursuing any indirect equity claim against a defendant whom he or she claims has been unjustly enriched by his or her services or by goods you have provided to the defendant.

 

You are so welcome, hope this helps too.

 

 

To prevail in your case on a theory of unjust enrichment a plaintiff must plead the following elements to the court here:


The plaintiff has conferred a benefit on the defendant;

The defendant has knowledge of the benefit;

 

The defendant has accepted or retained the benefit conferred; and


The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it.

In such a claim the plaintiff must directly confer a benefit on the defendant to prevail on a claim for unjust enrichment. Additionally, there must be actual damages incurred by the plaintiff.

Also under Florida law, prior to granting relief in a claim for unjust enrichment a court must examine the particular circumstances of an individual case and ensure that without a remedy, inequity would remain.


http://www.sharminlaw.com/library/west-palm-beach-unjust-enrichment-lawyer-call-sharmin-sharmin-pa-at-180074trial-establishing.cfm

 

Regarding civil fraud, the essential elements are: (a) a false representation of fact, known by the party making it to be false at the time it was made; (b) that the representation was made for the purpose of inducing another to act in reliance on it; (c) actual reliance on the representation; and (d) resulting damage to the Plaintiff.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29917
Experience: 29 years in civil, probate, real estate, elder law
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Customer: replied 1 year ago.

Ray,


Thanks for the extra effort. I have most of this down pretty good, but appreciate your reiterating it; there was also excellent details in the Federal Judge's ruling in the Nyesa Costa case, spelling out the prerequisites for each cause. So your links have all been super helpful.
Best regards, again.


Michael

Expert:  Ray replied 1 year ago.
Same to you Michael and good luck here.
Ray, Lawyer
Category: Legal
Satisfied Customers: 29917
Experience: 29 years in civil, probate, real estate, elder law
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