Filing # 195817792 E-Filed 04/09/2024 03:33:16 PM
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`IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
`IN AND FOR ORANGE COUNTY, FLORIDA
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`CASE NO. 2023-CA-016815-O
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`TRUE HAVEN LLC, a Florida Limited
`Liability Co.,
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` Plaintiff,
`v.
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`MICHELLE RUIZ, individually,
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` Defendant.
`___________________________________/
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`DEFENDANT’S FIRST SET OF REQUESTS FOR
`ADMISSION TO PLAINTIFF
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`Pursuant to Florida Rule of Civil Procedure 1.370, MICHELLE RUIZ (“Defenant”), through
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`undersigned counsel, requests that TRUE HAVEN LLC (“Plaintiff”) admit the following requests in
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`writing within the time limits prescribed by the Florida Rules of Civil Procedure.
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`DEFINITIONS AND INSTRUCTIONS
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`The following definitions apply to these requests for admission:
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`1.
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`"Amended Complaint" means the Amended Complaint in this lawsuit that Plaintiff filed
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`on February 25, 2024.
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`2.
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`"True Haven", "You," or "Your" shall mean Plaintiff TRUE HAVEN LLC, its parent,
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`subsidiaries, predecessor and successor companies, divisions, affiliates, any partnership or joint venture
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`to which it may be a party, and/or each of its employees, agents, officers, directors, members,
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`representatives, consultants, accountants, and attorneys, including any person who served in any such
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`capacity at any time commencing January 1, 2023, up to and including the date of filing the Amended
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`Complaint.
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`3.
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`"Defendant" means MICHELLE RUIZ in the above-captioned action.
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`Page 1 of 6
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`IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
`IN AND FOR ORANGE COUNTY, FLORIDA
`
`
`CASE NO. 2023-CA-016815-O
`
`
`
`
`
`
`
`
`
`TRUE HAVEN LLC, a Florida Limited
`Liability Co.,
`
` Plaintiff,
`v.
`
`MICHELLE RUIZ, individually,
`
` Defendant.
`___________________________________/
`
`
`DEFENDANT’S FIRST SET OF REQUESTS FOR
`ADMISSION TO PLAINTIFF
`
`Pursuant to Florida Rule of Civil Procedure 1.370, MICHELLE RUIZ (“Defenant”), through
`
`undersigned counsel, requests that TRUE HAVEN LLC (“Plaintiff”) admit the following requests in
`
`writing within the time limits prescribed by the Florida Rules of Civil Procedure.
`
`DEFINITIONS AND INSTRUCTIONS
`
`The following definitions apply to these requests for admission:
`
`1.
`
`"Amended Complaint" means the Amended Complaint in this lawsuit that Plaintiff filed
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`on February 25, 2024.
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`2.
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`"True Haven", "You," or "Your" shall mean Plaintiff TRUE HAVEN LLC, its parent,
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`subsidiaries, predecessor and successor companies, divisions, affiliates, any partnership or joint venture
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`to which it may be a party, and/or each of its employees, agents, officers, directors, members,
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`representatives, consultants, accountants, and attorneys, including any person who served in any such
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`capacity at any time commencing January 1, 2023, up to and including the date of filing the Amended
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`Complaint.
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`3.
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`"Defendant" means MICHELLE RUIZ in the above-captioned action.
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`Page 1 of 6
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`4.
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`“Property” means the property at issue in this action, specifically: 810 Mulberry St,
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`Maitland, FL 32751.
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`5.
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`The "Action" means the above-captioned action, filed in Orange County, Florida, Case
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`No.: 2023-CA-016815-O. The “Probate Action” means the ancillary proceeding filed in Orange County,
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`Florida, Case No.: 2023-CP-002539-O.
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`6.
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`"Document" means any written or graphic matter or other means of preserving thought or
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`expression from which information can be processed or transcribed including, without limitation, all
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`writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data
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`compilations, including electronically-stored information, that are stored in any medium whatsoever
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`from which information can be obtained either directly or, if necessary, after translation by the
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`responding party into a reasonably usable form, as well as any tangible things. A draft or nonidentical
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`copy of a document is a separate document within the meaning of this term. A document includes all
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`appendices, schedules, exhibits, and other attachments. The term "Document(s)" also includes but is not
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`limited to emails and other types of messages (including but not limited to text, instant, and direct
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`messages), social media or other online content, geolocation data, data generated and stored by devices
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`connected to the Internet of Things, communications generated and stored in workplace collaboration
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`tools or ephemeral messaging applications, and all associated data and metadata.
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`7.
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`"Relate," "related," or "relating" means, in addition to their usual and customary
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`meanings, concerning, referring to, reflecting, regarding, pertaining to, addressing, discussing, alluding
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`to, describing, evidencing, constituting, or otherwise having any logical or factual connection with the
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`subject matter addressed.
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`Page 2 of 6
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`8.
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`The words "and" and "or" shall be construed disjunctively or conjunctively to bring
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`within the scope of each request for admission all responses which otherwise might be construed to be
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`outside the scope of a request for admission.
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`9.
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`10.
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`11.
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`The terms "all," "any," or "each" encompass any and all of the matters discussed.
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`The use of singular form includes plural and vice versa.
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`Unless you properly object to the entire request, you must, under Florida Rule of Civil
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`Procedure 1.370(a), respond to each RFA in one of the following ways:
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`(a)
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`(b)
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`(c)
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`Admit the request in its entirety.
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`Deny the request in its entirety.
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`Provide a qualified admission to the request. If part of an RFA is true, your
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`answer must specify which parts of the RFA you admit and deny (see Winn Dixie Stores, Inc. v.
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`Gerringer, 563 So. 2d 814, 816 (Fla. 3d DCA 1990)).
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`(d)
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`(e)
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`Object to the request in part and admit or deny the remainder.
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`Assert a lack of knowledge or information sufficient to answer or deny the request
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`only if you also state that you made a reasonable inquiry and the information you know or can
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`readily obtain is insufficient to allow you to admit or deny the request.
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`(f)
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`State in detail the reasons why you cannot truthfully admit or deny the request.
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`12.
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`If you do not respond to each of these requests within the permitted time period, the
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`requests will be deemed admitted under Florida Rule of Civil Procedure 1.370.
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`13.
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`Under Florida Rule of Civil Procedure 1.280(i), you must include the text of the original
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`request before your response.
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`14.
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`If you object to or refuse to answer any request based on privilege or work product,
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`provide the following information:
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`Page 3 of 6
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`(a)
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`(b)
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`(c)
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`(d)
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`the type of privilege or protection claimed;
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`the person who made the communication, whether oral or in writing;
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`the recipient of the communication;
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`if the communication was oral, any additional persons present when the
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`communication was made;
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`(e)
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`if the communication was written, the author, addressees, and any other
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`recipients;
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`(f)
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`(g)
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`1.
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`2.
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`the date of the communication; and
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`the subject matter of the communication.
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`REQUESTS FOR ADMISSION
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`Admit that Ammon Powell is Defendant’s father.
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`Admit that you knew Ammon Powell was Defendant’s father prior to your
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`purchase of Ammon Powell’s interest in the Property.
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`3.
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`Admit that you contacted Ammon Powell regarding his interest in the property
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`before Ammon Powell contacted you.
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`4.
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`Admit that you communicated with Bevilacqua Law, P.A. or Natalia Bevilacqua
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`regarding the Probate Action.
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`5.
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`Admit that you intended to purchase Ammon Powell’s interest in the Property
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`before the Probate Action was filed.
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`6.
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`7.
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`Admit that you assisted in funding the Probate Action.
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`Admit that you intended on purchasing Ammon Powell’s interest in the Property
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`after the Probate Action was completed.
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`Page 4 of 6
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`8.
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`Admit that you purchased your alleged interest in the Property from Ammon
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`Powell for $20,000.00.
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`9.
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`Admit that the Property was “heirs property” at the time you acquired your
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`alleged interest in the Property, pursuant to the Florida Uniform Partition of Heirs Property Act.
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`10.
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`Admit that you gave no notice to Defendant of your intent to purchase Ammon
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`Powell’s interest in the Property prior to the date of transfer.
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`11.
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`Admit that Defendant had a right to notice prior to your purchase of Ammon
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`Powell’s ownership interest in the Property.
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`12.
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`Admit that this action must be brought pursuant to the UPHPA under part II of
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`Chapter 64, Florida Statutes.
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`13.
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`Admit that you are seeking ½ of the fair market value of the Property in this
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`Action.
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`$200,000.00.
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`$250,000.00.
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`$300,000.00.
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`$350,000.00.
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`14.
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`Admit that you believe the fair market value of the Property to be an amount over
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`15.
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`Admit that you believe the fair market value of the Property to be an amount over
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`16.
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`Admit that you believe the fair market value of the Property to be an amount over
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`17.
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`Admit that you believe the fair market value of the Property to be an amount over
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`18.
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`Admit that you retained or funded the attorney or law firm who initiated the
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`Ancillary Summary Probate action in Orange County, Florida – Case Number - 2023-CP-002539-O, on
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`behalf of Ammon Powell regarding the Property.
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`Page 5 of 6
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`19.
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`Admit that Defendant has solely maintained the Property at her own expense
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`since you acquired your alleged interest in the Property.
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`20.
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`21.
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`22.
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`23.
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`Admit that you have not made any payments towards maintaining the Property.
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`Admit that you have not made property tax payments for the Property.
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`Admit that you have not made any insurance payments for the Property.
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`Admit that you have not made any payments for maintenance and repairs that are
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`necessary to preserve the Property.
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed
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`with the Clerk of Courts by using the Florida eFiling Portal system which will send an email notification
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`to all counsel of record, on this 9th day of April 2024.
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`[ ] CHRISTOPHER NASSEH, ESQ.
`Florida Bar No. 113879
`Chris@NassehLaw.com
`[ ] DANIEL EID, ESQ.
`Florida Bar No. 1050273
`Daniel@NassehLaw.com
`NASSEH LAW PLLC
`5728 Major Blvd. Suite 500
`Orlando, Florida 32819
`Phone: 407-635-1234
`Pleadings: Service@NassehLaw.com
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`Page 6 of 6
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