Plaintiff, JOSE GILBERTO SERRANO, Pro Se, hereby files this Response to the Motion to. Introduction

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1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NUMBER: 2014 CA 2505 ON JOSE GILBERTO SERRANO, Plaintiff, vs. PUNITIVE DAMAGES PERSONAL INJURY HERITAGE PARTNERS GROUP d/b/a A GREEN PROPERTY MANAGEMENT, SAWYER ESTATES, LLC., LINDA LAJOIE and their employees, et al. Defendants. / PLAINTIFF RESPONSE TO MOTION TO DISMISS, TO TRANSFER VENUE AND MOTION TO STRIKE DEMAND FOR JURY TRIAL BY DEFENDANTS A GREEN PROPERTY MANAGEMENT, LLC'S ( AGPM ) AND LINDA LAJOIE Plaintiff, JOSE GILBERTO SERRANO, Pro Se, hereby files this Response to the Motion to dismiss, to Transfer Venue and Motion to Strike Demand for Jury Trial filed by Defendants AGPM and Linda Lajoie, and states as follows: Introduction Plaintiff adequately pled its claims for relief against Defendants Heritage Partner Group, AGPM and Linda Lajoie, as a result of their negligence. Defendant Linda Lajoie is responsible in Propia Personna for Plaintiff s punitive damages, since Ms. Lajoie was the decisions-maker against Plaintiff's well being and safety. Defendant Linda Lajoie in representation of AGPM intentionally was trying to hide or destroy evidence that proved her gross negligence in this case. Defendant Linda Lajoie was acting beyond her duties as a Landlord, obstructing Plaintiff's reasonable claim. Defendant Linda Lajoie pretends that she does not know what this complaint is about, denying her knowledge of facts. Defendant Linda Lajoie's attorney attempt to impose a pleading standard on Plaintiff that exceeds the requirements of the Florida Rules of Civil Procedure. Defendants' arguments for dismissal lack merit and therefore, the Motion to Dismiss should be denied.

2 Facts Plaintiff filed a Complaint alleging that Defendants Heritage Partner Group manage a rent apartments complex known as Sawyer Estates Apartments, for which Defendant Linda Lajoie acts as Landlord and Manager of the Complex. Sawyer Estates Apartments are located at 4201 Sawyer Cir., Saint Cloud, FL., Osceola County. On June 13, 2013 Plaintiff leased an apartment located at 4340B, Building 2 of the above mentioned complex. After moving in, Plaintiff found that the apartment had a construction defect consisting of a storm water flooding, at the foyer entrance. Plaintiff reported to Defendant, the construction defect thru the move-in inspection list. Defendant Linda Lajoie admitted the problem and said that she already had a contractor who would fix the construction defect. The construction defect was never repaired. Plaintiff, requested Defendant Linda Lajoie to repair the construction defect, several times without a positive action response from Defendant. (See exhibit A and B) Furthermore, Defendant Linda Lajoie denied the existence of the said; move-in inspection list, saying that Plaintiff never delivered that document. The inspection list was delivered to Mrs. Lajoie in front of Plaintiff and other eyewitness, by Leasing Specialist Lydia Rosa, who made the reparation request and entered the report into Plaintiff's file records. (See exhibits A and B) Defendant Linda Lajoie was negligent as a Landlord, and her acts committed by her Propia Personna, and on behalf of AGPM resulted in Punitive damages against Plaintiff. On August 23, 2013 Plaintiff was injured after a slip and fall accident caused by the flooded foyer entrance as a result of Defendants' negligence. Two weeks after the accident the construction defect was fixed and, Defendant Linda Lajoie offered the Plaintiff one month of free rent and a two thousand five hundred dollar check ($2,500.00) to help Plaintiff with the medical bills. Plaintiff lost his job due to the injuries sustained from the accident, and incurred more than seventeen thousand dollars ($17,000.00) in medical bills. Plaintiff was evicted for lack of rental payment, and became homeless. Because of Plaintiff's pain and suffering, caused by Defendant Linda

3 Lajoie it is hereby requested that Defendant Linda Lajoie Motion to Dismiss, be denied, and Punitive Damages be imposed on her Propia Personna. Defendants AGPM and Linda Lajoie failed to provide Plaintiff, a safe place to live is a clear violation of Florida Statutes and 15 of the lease herein attached.(see copy of the Lease as Exhibit C) Furthermore, Defendant's failure to comply with 15 of the Lease, constitute a Breach of Contract. Argument It is well established that [w]hen ruling on a motion to dismiss for failure to state a cause of action, the trial court must accept the material allegations as true and is bound to a consideration of the allegations found within the four corners of the complaint. Murphy v. Bay Colony Property Owners Ass'n, 12 So. 3D 924, 026 (Fla.2d DCA 2009)(citations omitted). A motion to dismiss merely tests the legal sufficiency of the complaint and is not an avenue for making factual findings. In re Forfeiture of 2007 Ford F350 Pickup Truck, Identification No. 1FTWW31P27EA46254, 984 So. 2D 148, 149 (Fla. 2D DCA 2008)(quoting Barbado v. Green & Murphy, P. A.,758 So. 2D 1173, 1174 (Fla. 4 th DCA 2000). ' For purposes of a motion to dismiss for failure to state a cause of action, allegations of the complaint are assumed to be true and all reasonable inferences arising therefrom are allowed in favor of the plaintiff. ' Wallace v. Dean, 3 So. 3D 1035, (Fla. 2009) (emphasis in original) (quoting Ralph v. City of Daytona Beach, 471 So. 2D 1, 2(Fla. 1983)) (citations omitted). Plaintiff has stated a claim upon which relief can be granted to Plaintiff against Defendants Linda Lajoie and Heritage Partner Group d/b/a AGPM for violations of Florida Statute The Defendant (Linda Lajoie, the Landlord) failed to provide safety and security and did not comply with its obligation to maintain the premises, in clear violation of Florida Statute and 15 of the Lease. Defendant Linda Lajoie acknowledged about the construction defect, apriori the Lease Contract signed and promoted and finalized a leasing contract of a lack of safety, and inhabitable unit according to prior residents and neighbor's testimony. Neighbors can testify that the construction defect was

4 acknowledged by the Defendants AGPM Management and Linda Lajoie, prior to Plaintiff's lease and moved in. Furthermore, Section (1)(c) of Florida Statutes, declares that is unlawful for a person to knowingly and willfully falsify, conceal, or cover up, by any trick, scheme, or device, a material fact, make any false, fictitious, or fraudulent statements or representation, or make or use any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry. Plaintiff has alleged that Defendants' above-describe actions violated Florida Statutes and 15 of the lease and Section (1)(c), Florida Statutes. Plaintiff has specified several acts by Defendant that states her participation on the committed acts against Plaintiff for which this claim relief should be granted. Accordingly, the Motion to Dismiss by Defendant Linda Lajoie should be denied. If this Court deems the Complaint to be deficient, Plaintiff requests leave to amend the Complaint. Indeed, the plaintiff should be given an opportunity to amend the complaint if the Court finds the Complaint deficient. Wilson v. News-Press Publishing, Co., 738 So. 2D 1000, 1001 (Fla. 2D DCA 1999). Conclusion Plaintiff has satisfied its pleading obligations in the Complaint. Plaintiff attached Exhibits to the Complaint and sufficiently pled its claims against Defendants AGPM and Linda Lajoie. Defendants' lawyer has attempted to introduce to the Court facts that are outside the four corners of the Complaint and impose a pleading standard above and beyond what is required by the Florida Rules of Civil Procedure. Accordingly, this Court should deny the Motion to Dismiss, to transfer venue and Motion to Strike Demand for Jury Trial by Defendants AGPM and Linda Lajoie, and require Defendants AGPM and Linda Lajoie to file an answer to the Complaint; and enter Default against Defendants. WHEREFORE, Plaintiff, prays this Court enter an Order denying the Motion to Dismiss, to Transfer Venue and Motion to Strike Demand for Jury Trial filed by Defendants AGPM and Linda Lajoie; to order Defendants' to answer the Complaint and enter a Default against Defendants.

5 JOSE GILBERTO SERRANO, PRO SE Counsel for Plaintiff C/O Sonia Serrano 132 White Birch Dr Kissimmee, FL Ph: (407) Fax: (321) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic transmission at designated address: David.Evelev@csklegal.com DAVID R EVELEV, Esq. Florida Bar No Attorney for Defendant LINDA LAJOIE COLE, SCOTT & KISSANE, P.A. Tower Place, Suite Tower Summit Boulevard, Orlando, FL and electronically filled the foregoing with the Clerk of Osceola County by fax number (407) This 10 th day of October, JOSE GILBERTO SERRANO, PRO SE Counsel for Plaintiff C/O Sonia Serrano 132 White Birch Dr Kissimmee, FL Ph: (407) Fax: (321) josegilbertoserrano@yahoo.com