MOTION TO DISMISS PLAINTIFFS COMPLAINT

Christine Hughes

Your Address

City, ST ZIP Code

Phone | Fax

Email

Appearing in pro per on her own behalf and in her capacity as the Managing Member of Chicks Auto, LLC d/b/a Southern Title Liens d/b/a Taxes Tags & Titles, a Florida Limited Liability Company

in the circuit court of the thirteenth judicial circuit

in and for hillsborough county, florida – civil division

NOTICE OF CHRISTINE HUGHES AND CHICKS AUTO, LLC d/b/a SOUTHERN TITLE LIENS d/b/a TAXES TAGS & TITLES’ MOTION TO DISMISS PLAINTIFFS’ COMPLAINT

You are notified that on the ___ day of ___________________, 2021, at _________ (am/pm), or as soon thereafter as Christine Hughes and Chicks Auto, LLC d/b/a Southern Title Liens d/b/a Taxes Tags & Titles (hereinafter referred to as “Defendants”) can be heard, in Courtroom ___ of the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Defendants will bring on for hearing their Motion to Dismiss Plaintiffs’ Complaint for the reasons stated in the attached Motion.

Dated this ___ day of ____________________, 2021.

Respectfully Submitted,

___________________________________

Christine Hughes

Appearing in pro per on her own behalf and in her capacity as the Managing Member of Chicks Auto, LLC d/b/a Southern Title Liens d/b/a Taxes Tags & Titles, a Florida Limited Liability Company

Christine Hughes

Your Address

City, ST ZIP Code

Phone | Fax

Email

Appearing in pro per on her own behalf and in her capacity as the Managing Member of Chicks Auto, LLC d/b/a Southern Title Liens d/b/a Taxes Tags & Titles, a Florida Limited Liability Company

in the circuit court of the thirteenth judicial circuit

in and for hillsborough county, florida – civil division

MOTION TO DISMISS

Pursuant to Fla. R. Civ. P. 1.110, Defendants hereby move to dismiss Plaintiffs’ Complaint for failure to state a cause of action and otherwise, and in support thereof state:

1. “Whether a complaint is sufficient to state a cause of action is an issue of law.” W.R. Townsend Contracting, Inc. v. Jensen Civil Construction, Inc., 728 So. 2d 297, 300 (Fla. 4th DCA 1999).  
2. “To state a cause of action, a complaint must allege sufficient ultimate facts to show that the pleader is entitled to relief.”   Id.  at 300 (quoting Perry v. Cosgrove, 464 So. 2d 664, 665 (Fla. 2d DCA  1985)); Fla.  R.  Civ. P. 1.110(b) (requiring “a short and plain statement of the ultimate facts showing that the pleader is entitled to relief”).
3. While “courts must liberally construe, and accept as true, factual allegations in a complaint and reasonably deductible inferences therefrom,” they “need not accept … conclusory allegations, unwarranted deductions, or mere legal conclusions made by a party.”   Id.  (Citing Response Oncology, Inc. v.  Metrahealth Ins. Co., 978 F. Supp. 1052, 1058) (S.D. Fla. 1997).    
4. Defendants deny all claims of civil conspiracy, negligence and negligent misrepresentation brought against them. The company Taxes, Tags and Titles was not involved in any transaction involving Plaintiffs. The company has not conducted any business involving Plaintiffs’ vehicle, which is the subject matter of this suit. Therefore, Taxes, Tags and Titles has no interest in this suit and should be removed as a party.
5. Defendants aver that Lenny’s hired Southern Title Liens to handle a mechanic lien on their behalf. The mechanic lien service agreement had been signed by William Robin Engel who was acting as an independent contractor separate from Lenny’s Service Inc. Exhibit 1. William Engel was not supposed to sign the mechanic lien service agreement as he was not the one who had hired Southern Title Liens to handle the mechanic lien, it was Lenny’s Service Inc. Exhibit 2. William Engel was not acting as an agent of Lenny’s Service Inc. When Christine Hughes realized this discrepancy, she proceeded to cancel the lien on the subject vehicle.
6. Plaintiffs’ claim of negligence against Christine Hughes and Southern Title Liens fails because she cancelled the whole lien transaction when she realized that the mechanic lien service agreement had been signed by the wrong person. It is what a reasonable person in the circumstances would have done. If she had ill intent, she would have let the lien transaction proceed, which she didn’t.
7. Plaintiffs state that Christine Hughes failed to correct the misrepresented information when asked to by counsel. Christine Hughes avers that she cancelled the lien transaction when it came to light that the agreement had been signed by the wrong person. That was all she could have done. If she intended to misrepresent anything, she would not have cancelled the transaction. In that regard, Plaintiffs’ claim of negligent misrepresentation against Christine Hughes and Southern Title Liens fails.
8. Christine Hughes sent an email to William Engel before she cancelled the lien transaction and explained to him the reasons why she wanted to do so. Exhibit 3. She did not want any liability on her part or on the part of her company. On the day of the auction of the subject vehicle, it was supposed to be at the premises of Lenny’s Service Inc. but it had been moved to another location. Christine Hughes had no other choice but to cancel the lien.
9. Defendants did not conspire with Lenny’s Service Inc. and William Engel to falsify documents to deprive Plaintiffs of their vehicle. If she had conspired to falsify documents, she wouldn’t have cancelled the lien transaction. Christine Hughes was initially under the impression that William Engel was acting on behalf of Lenny’s Service Inc., which he was not. In good faith, Christine Hughes cancelled the lien transaction as it was the right thing to do. Therefore, Plaintiffs’ claim of civil conspiracy against Christine Hughes and Southern Title Liens fails.
10. The complaint by Plaintiffs was filed in bad faith, fueled by malice against Christine Hughes and contains frivolous claims against Christine Hughes which Plaintiffs have failed to substantiate.
11. Assuming that the allegations made by Plaintiffs are true, they had a form of relief of release of lien by filing bond provided in 2021 Florida Statutes § 713.76 which states that “Any lienee may release his or her property from any lien claimed thereon under this part by filing with the clerk of the circuit court a cash or surety bond, payable to the person claiming the lien, in the amount of the final bill, and conditioned for the payment of any judgment which may be recovered in said lien, with costs.”
12. Plaintiffs have not provided any reason as to why they failed to file with the clerk of this Court a cash or surety bond to obtain possession of the subject vehicle.

REASONS WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiffs’ Complaint and all claims against Defendants with prejudice, award Defendants attorney fees and costs of this suit, and award Defendants any other equitable remedy under the circumstances.

Dated this ___ day of ____________________, 2021.

Respectfully Submitted,

___________________________________

Christine Hughes

Appearing in pro per on her own behalf and in her capacity as the Managing Member of Chicks Auto, LLC d/b/a Southern Title Liens d/b/a Taxes Tags & Titles, a Florida Limited Liability Company

VERIFICATION

I, Christine Hughes, being duly sworn depose and say that I am a Defendant in the above-entitled action, that I have read the foregoing Christine Hughes and Chicks Auto, LLC d/b/a Southern Title Liens d/b/a Taxes Tags & Titles Motion to Dismiss Plaintiffs’ Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of ___________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the ___ day of _________________, 2021 by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

Somah Sameni, Esq.

Florida Bar No.: 1024980

DEZERAE M. BETANCOURT, ESQ.

Florida Bar No.: 1023393

Faith Legal Aid

412 E. Madison Street, Suite 1109

Tampa, FL 33602

Phone: (813) 755-6600

Email: somah@faithlegalaid.com

Secondary: paralegal@faithlegalaid.com

Dated this ___ day of ____________________, 2021.

Respectfully Submitted,

___________________________________

Christine Hughes

Appearing in pro per on her own behalf and in her capacity as the Managing Member of Chicks Auto, LLC d/b/a Southern Title Liens d/b/a Taxes Tags & Titles, a Florida Limited Liability Company

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