NOTICE OF WILLIAM ROBIN ENGEL

William Robin Engel

Your Address

City, ST ZIP Code

Phone | Fax

Email

Appearing in pro per in his personal capacity and on behalf 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 WILLIAM ROBIN ENGEL 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 William Robin Engel 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,

___________________________________

William Robin Engel

Appearing in pro per in his personal capacity and on behalf of Chicks Auto, LLC d/b/a Southern Title Liens d/b/a Taxes Tags & Titles, a Florida Limited Liability Company

William Robin Engel

Your Address

City, ST ZIP Code

Phone | Fax

Email

Appearing in pro per in his personal capacity and on behalf 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. Plaintiffs bring a count of fraudulent intentional misrepresentation against William Engel. In doing so, they allege that Engel knew they were experiencing financial difficulties and that he initially wanted to obtain the subject vehicle for his own personal use but failed. Plaintiffs also allege that Engel wanted to acquire ownership of the vehicle without compensating them. Engel did not know that Plaintiffs were experiencing financial difficulties at the time. He never wanted to obtain the subject vehicle for personal use. Engel did not wish to acquire possession of the subject vehicle without compensating Plaintiffs. Engel did not make any false representations to Plaintiffs. The alleged damages that Plaintiffs have suffered are not a result of the actions of William Engel. Plaintiffs have failed to prove the elements of fraudulent intentional misrepresentation against Engel, and subsequently failed to state a claim of fraudulent intentional misrepresentation against Engel.
5. Plaintiffs bring a count of civil conspiracy against William Engel. In doing so, they allege that Engel, Lenny’s and Southern conspired to falsify documents and file a claim of lien to deprive Plaintiffs of their rightfully owned property. Plaintiffs also allege that Engel and Lenny’s conspired to falsify the Garage Repair Order to claim repairs made to the subject vehicle. Engel avers that he did not conspire with Lenny’s and Southern to falsify any documents. He did not conspire with Lenny’s to falsify the Garage Repair Order to claim repairs. Engel can confirm that the repairs were made on the subject vehicle. In order to successfully claim civil conspiracy, the burden of proof lies on Plaintiffs to prove that no repairs were made on the subject vehicle. Plaintiffs have failed to discharge that burden. They have failed to prove that the alleged damages were as a result of the actions of William Engel. Plaintiffs have failed to prove the elements of civil conspiracy against William Engel, and subsequently failed to state a claim of civil conspiracy against Engel.
6. Plaintiffs bring a count of replevin, or in the alternative, conversion, against William Engel. Plaintiffs have failed to prove that Engel came into possession of the subject vehicle by fraudulent means. They have failed to prove that Engel participated in wrongfully depriving them of their property through fraudulent intentional misrepresentation, negligence and other unlawful means alleged in their complaint. Plaintiffs have failed to prove the elements of replevin against William Engel, and subsequently failed to state a claim of replevin or conversion against Engel.
7. The complaint by Plaintiffs was filed in bad faith, fueled by malice against William Engel and contains frivolous claims against William Engel which Plaintiffs have failed to substantiate.
8. 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.”
9. 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,

___________________________________

William Robin Engel

Appearing in pro per in his personal capacity and on behalf of Chicks Auto, LLC d/b/a Southern Title Liens d/b/a Taxes Tags & Titles, a Florida Limited Liability Company

VERIFICATION

I, William Robin Engel, being duly sworn depose and say that I am a Defendant in the above-entitled action, that I have read the foregoing William Robin Engel 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,

___________________________________

William Robin Engel

Appearing in pro per in his personal capacity and on behalf 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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