Filing # 195288411 E-Filed 04/02/2024 12:40:07 PM
`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`
`MANUEL MOTORS C.A. CORP.,
`MANUEL RODRÍGUEZ VILLAMIL, and
`JESSIKA NAVA VILLALOBOS
`Plaintiffs
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`v.
`
`Case No.
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`CITIGROUP INC. and CITIBANK N.A.,
`Defendants
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`COMPLAINT
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`COME NOW the plaintiffs Manuel Motors C.A. Corp. (“MMC”), Manuel Rodríguez
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`Villamil (“Mr. Rodríguez”), and Jessika Nava Villalobos (“Ms. Nava,” collectively “Plaintiffs”),
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`by and through the undersigned counsel, who hereby file the instant complaint against the
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`defendants Citigroup Inc. and Citibank N.A. (collectively “Defendants”). In support of this
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`complaint, Plaintiffs respectfully state, aver, and submit the following:
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`JURISDICTION AND VENUE
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`1. The Circuit Court has jurisdiction over this matter as the amount in controversy exceeds
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`$50,000, exclusive of interest, costs, and attorney fees.
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`2. The venue is proper in Miami-Dade County, Florida as that is a location where
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`Defendants maintain and conduct business.
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`3. MMC is a Florida corporation conducting business in Florida.
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`4. Mr. Rodríguez is a Venezuelan citizen and president of MMC.
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`5. Ms. Nava is a Venezuelan citizen and vice-president of MMC.
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`6. Citigroup Inc. is a corporation organized under the laws of New York, has its principal
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`place of business in New York, and is registered in Florida as a foreign profit
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`corporation.
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`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`
`MANUEL MOTORS C.A. CORP.,
`MANUEL RODRÍGUEZ VILLAMIL, and
`JESSIKA NAVA VILLALOBOS
`Plaintiffs
`
`v.
`
`Case No.
`
`CITIGROUP INC. and CITIBANK N.A.,
`Defendants
`
`COMPLAINT
`
`COME NOW the plaintiffs Manuel Motors C.A. Corp. (“MMC”), Manuel Rodríguez
`
`Villamil (“Mr. Rodríguez”), and Jessika Nava Villalobos (“Ms. Nava,” collectively “Plaintiffs”),
`
`by and through the undersigned counsel, who hereby file the instant complaint against the
`
`defendants Citigroup Inc. and Citibank N.A. (collectively “Defendants”). In support of this
`
`complaint, Plaintiffs respectfully state, aver, and submit the following:
`
`JURISDICTION AND VENUE
`
`1. The Circuit Court has jurisdiction over this matter as the amount in controversy exceeds
`
`$50,000, exclusive of interest, costs, and attorney fees.
`
`2. The venue is proper in Miami-Dade County, Florida as that is a location where
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`Defendants maintain and conduct business.
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`3. MMC is a Florida corporation conducting business in Florida.
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`4. Mr. Rodríguez is a Venezuelan citizen and president of MMC.
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`5. Ms. Nava is a Venezuelan citizen and vice-president of MMC.
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`6. Citigroup Inc. is a corporation organized under the laws of New York, has its principal
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`place of business in New York, and is registered in Florida as a foreign profit
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`corporation.
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`
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`7. Citibank N.A. is an entity operating and engaging in business in Florida.
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`8. According to information and belief, Citibank N.A. is a subsidiary of Citigroup Inc.
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`FACTS COMMON TO ALL CLAIMS FOR RELIEF
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`9. On or about June 6, 2019, Mr. Rodríguez opened a corporate account for MMC in
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`Defendants’ Doral branch.
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`10. Shortly thereafter, Plaintiffs deposited an initial $100,000 followed by $12,000 for a total
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`of $112,000.
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`11. Plaintiffs never made or authorized any other account transactions.
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`12. Moreover, Plaintiffs never requested that any checks be issued for this account.
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`13. After opening the account, Mr. Rodríguez and Ms. Nava returned to Venezuela where
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`they live and work.
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`14. Considering the 2020 COVID-19 pandemic, the expiration of their U.S. Visas, and the
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`closure of the U.S. Embassy in Venezuela, Mr. Rodríguez and Ms. Nava were unable to
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`return to the United States until September of 2023.
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`15. On July 1, 2020, while they were still marooned in Venezuela, Plaintiffs first became
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`aware that funds in the account had seemingly been fraudulently withdrawn.
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`16. Immediately, Plaintiffs attempted to contact Defendants by all available means to try and
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`resolve this stressful situation.
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`17. Despite Plaintiffs’ best efforts, Defendants refused to resolve this matter until Mr.
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`Rodríguez or Ms. Nava came in person to deal with this matter, even after they explained
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`that this was simply impossible.
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`18. In fact, Plaintiffs were effectively disallowed from being able access the account online,
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`which only created additional consternation.
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`2
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`19. Nevertheless, once Mr. Rodríguez and Ms. Nava were finally able to return to the United
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`States in September of 2023, they received an unsolicited check from Defendants in the
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`amount of $22,600.39 and, upon inquiry, were told for the first time that the account had
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`been closed months prior.
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`20. Shortly thereafter, after informing Defendants yet again of their concerns over this fraud
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`and the missing funds, Defendants indicated that an investigation would be initiated.
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`21. Defendants never informed Plaintiffs or sought their authorization for these fraudulent
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`transactions.
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`22. Moreover, Defendants failed to take any timely and meaningful steps to investigate this
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`fraud or stop it from continuing.
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`23. As a result of Defendants’ actions, Plaintiffs have experienced special damages in the
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`form of the lost money fraudulently withdrawn from the account; money spent on air
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`fare, hotel stays, transportation, and other travel expenses to come in person to try and
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`deal with the situation; all money spent on obtaining U.S. Visa’s in order to reenter the
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`country and deal with the situation; and a loss of business opportunities as a result of the
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`missing account money.
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`24. Additionally, because of Defendants’ conduct, Plaintiffs were forced to engage and pay
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`for the services of the undersigned attorney.
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`COUNT I AGAINST BOTH DEFENDANTS
`BREACH OF FIDUCIARY DUTY
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`25. Plaintiffs incorporate the facts and allegations contained in paragraphs 1-24 herein into
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`this claim for relief.
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`26. By virtue of being an account holder in Defendants’ establishment, they owed a fiduciary
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`duty to Plaintiffs.
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`3
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`27. Defendants breached their duties to Plaintiffs by failing to provide them with any useful
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`information regarding the status of their funds.
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`28. Further, Defendants breached their duties by failing to inform or inquire with Plaintiffs as
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`to whether these fraudulent transactions were legitimate.
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`29. Moreover, Defendants breached their fiduciary duties by failing to take reasonable steps
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`to investigate or minimize the consequences of the fraud.
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`30. Plaintiffs have been damaged because of Defendants’ conduct.
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`WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment
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`in their favor and award them all general and special damages, costs, attorneys’ fees,
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`prejudgment interest, and any other relief this Court deems just and proper.
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`COUNT II AGAINST BOTH DEFENDANTS
`NEGLIGENCE
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`31. Plaintiffs incorporate the facts and allegations contained in paragraphs 1-24 herein into
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`this claim for relief.
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`32. By virtue of being an account holder in Defendants’ establishment, they owed a duty to
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`Plaintiffs.
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`33. Defendants breached their duties to Plaintiffs by failing to provide them with any useful
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`information regarding the status of their funds.
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`34. Further, Defendants breached their duties by failing to inform or inquire with Plaintiffs as
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`to whether these fraudulent transactions were legitimate.
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`35. Moreover, Defendants breached their fiduciary duties by failing to take reasonable steps
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`to investigate or minimize the consequences of the fraud.
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`36. Plaintiffs have been damaged because of Defendants’ conduct.
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`4
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`WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment
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`in their favor and award them all general and special damages, costs, prejudgment interest, and
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`any other relief this Court deems just and proper.
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`COUNT III AGAINST BOTH DEFENDANTS
`CONVERSION
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`37. Plaintiffs incorporate the facts and allegations contained in paragraphs 1-24 herein into
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`this claim for relief.
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`38. Plaintiffs were customers in Defendants’ establishment where they held a corporate
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`checking account.
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`39. Without Plaintiffs’ authorization, Defendants provided funds from the account to
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`unknown third parties, which constituted a constructive delivery.
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`40. Plaintiffs have an immediate right to possess the funds that Defendants provided to the
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`unknown third parties.
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`41. Defendants converted Plaintiffs funds when they made payment to these unknown third
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`parties.
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`42. The unknown third parties were not entitled to receive these payments.
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`43. Plaintiffs have demanded the return of the money, but Defendants have refused despite
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`their obligation to do so.
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`44. Plaintiffs have been damaged because of Defendants’ conduct.
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`WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment
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`in their favor and award them all general and special damages, costs, prejudgment interest, and
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`any other relief this Court deems just and proper.
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`5
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`COUNT IV AGAINST BOTH DEFENDANTS
`BREACH OF CONTRACT
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`45. Plaintiffs incorporate the facts and allegations contained in paragraphs 1-24 herein into
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`this claim for relief.
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`46. When opening the account at Defendants’ establishment, there was a written or verbal
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`contract, agreement, or obligation between the parties.
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`47. This contract, agreement, or obligation set forth different duties to be followed by the
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`parties.
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`48. Defendants breached these duties by failing to provide them with any useful information
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`regarding the status of their funds.
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`49. Further, Defendants breached these duties by failing to inform or inquire with Plaintiffs
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`as to whether these fraudulent transactions were legitimate.
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`50. Moreover, Defendants breached these duties by failing to take reasonable steps to
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`investigate or minimize the consequences of the fraud.
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`51. Plaintiffs have been damaged because of Defendants’ conduct.
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`WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment
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`in their favor and award them all general and special damages, costs, attorneys’ fees,
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`prejudgment interest, and any other relief this Court deems just and proper.
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`COUNT V AGAINST BOTH DEFENDANTS
`UNJUST ENRICHMENT
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`52. Plaintiffs incorporate the facts and allegations contained in paragraphs 1-24 herein into
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`this claim for relief.
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`53. Defendants have received a benefit by seizing Plaintiffs’ funds and refusing to return
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`them.
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`6
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`54. By virtue of Plaintiffs having their account with them, Defendants had knowledge that
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`Plaintiffs placed their funds in Defendants’ possession and control.
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`55. Plaintiffs attempted to retrieve these funds from Defendants without success.
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`56. Plaintiffs have exhausted several efforts to obtain information regarding the release of
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`their funds, the status of their issue, and steps necessary to have their funds released.
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`57. The circumstances render Defendants’ retention of the funds inequitable unless they pay
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`Plaintiffs the value of the funds.
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`58. Plaintiffs have been damaged because of Defendants’ conduct.
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`WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter judgment
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`in their favor and award them all general and special damages, costs, prejudgment interest, and
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`any other relief this Court deems just and proper.
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`RESERVATION TO ALLEGE PUNITIVE DAMAGES
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`59. Plaintiffs reserve their right to seek leave of Court, as is required in this jurisdiction, to
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`amend this pleading to add any appropriate claim for punitive damages.
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`RESERVATION TO ALLEGE CIVIL THEFT
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`60. Plaintiffs reserve their right to seek leave of Court to amend this pleading to add any
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`appropriate claim for civil theft as provided for under Florida law.
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`DEMAND FOR JURY TRIAL
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`61. Plaintiff demands a trial by jury for all issues so triable.
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`RESPECTFULLY SUBMITTED on this 2nd day of April, 2024.
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`Manuel Alejandro Law Firm, LLC
`8350 NW 52nd Ter, Suite 301
`Doral, FL 33166
`Tel: (786) 554-3145
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`s/ Manuel Alejandro Franco
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`7
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`Manuel Alejandro Franco
`Florida Bar No. 126443
`Manuel@AlejandroLaw.net
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`8
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