Interrogatories - Erna Jean
Interrogatories - Erna Jean
ERNA JEAN,
Plaintiff,
v. CASE NO.: CACE-20-006552
LAKESIDE CONDOMINIUM AT
LAUDERDALE LAKES ASSOCIATION, INC.
and WESTWAY TOWING, INC.,
Defendants.
_________________________________/
PLAINTIFF, ERNA JEAN (herein “Plaintiff”), by and through the undersigned counsel,
and gives notice that pursuant to Rule 1.340 of the Florida Rules of Civil Procedure,
DEFENDANT has propounded the attached interrogatories to DEFENDANTS, LAKESIDE
CONDOMINIUM AT LAUDERDALE LAKES ASSOCIATION, INC. and WESTWAY
TOWING, INC. (herein “Defendants”) and requests that Defendants respond to these
interrogatories under oath within 30 days.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing instrument was served via email to the
below service list on May 9, 2024.
SERVICE LIST
Andre G. Raihelson, Esq.
LAW OFFICES OF ANDRE G.
RAIKHELSON, LLC.
301Yomato, Suite 1240
Boca Raton, FL 33431
Phone: (954) 895-5566
Email: [email protected]
Attorney for Plaintiff
DEFINITIONS
The following definitions apply to these discovery requests:
A. As used herein, "DEFENDANT” means the DEFENDANT, Traci Lewis.
B. As used herein “Askerov” or “Respondent” means the PLAINTIFF.
C. As used herein, “You” and shall mean PLAINTIFF.
D. As used herein, “Complaint” shall mean the Complaint filed on behalf of Plaintiffs on
or about April 16, 2020.
E. As used herein, “litigation” shall refer to the instant lawsuit.
F. As used herein, “furnishings” shall refer to the designer couch, marble dining table,
dining chairs, glass vase or any other part of the property alleged to have been damaged
by the Defendant in this lawsuit.
G. As used herein, “subject property” shall refer to Plaintiff’s residential property that
was leased in an agreement to the Defendants, as it pertains to 2711 South Ocean Dr.,
Unit 3905, Hollywood, Florida, 33019.
H. As used herein, “Date” shall mean the exact date, month, and year is ascertainable, or
if not, the best approximation thereof.
I. The term “Computer System” shall mean and refer to your entire computing
environment. The Computer System includes all hardware (the actual computers
themselves), peripherals (e.g., terminals, printers, modems, and data storage devices), and
software (e.g., program applications) used in your household and/or office or store. This
environment may consist of one large computer serving many users or one or more
personal computers working individually or linked together through a network or group
of networks.
J. The term “document” shall mean any written or any other tangible thing of every kind
and description, including electronically stored information, whether in draft or final
form, original or reproduction, in your actual or constructive possession, custody or
control, including but not limited to: letters, correspondence, notes, films, transcripts,
telegrams, teletype messages, contracts and agreements including drafts, proposals, and
any and all modifications thereof, licenses, memoranda, transcripts and recordings of
telephone conversations or personal conversations, microfilm, microfiche, books,
newspapers, magazines, advertisements, periodicals, bulletins, circulars, pamphlets,
statements, notices, memoranda (including inter- and intra-office memoranda,
memoranda for file, pencil jotting, expense accounts, recorded recollections and any
other written form of notation of events thereto, draft minutes, resolutions and agendas),
expressions and/or statements of policy, lists of persons attending meetings and
conferences, reports, rules, regulations, directions, communications, reports, financial
statements, tax returns, ledgers, books of account, proposals, prospectuses, offers, orders,
receipts, analyses, audits, working papers, computations, projections, tabulations,
financial records, blueprints, plans, writings, drawings, graphs, charts, photographs,
phono-records, invoices, receipts, working papers, desk calendars, appointment books,
diaries, time sheets, logs, movies, tapes for visual audio reproduction, recordings,
magnetic computer tapes and discs, reports and/or summaries of investigations, opinions
and/or reports of consultants, appraisals, reports and/or summaries of negotiations,
computer punch cards, electronic mail (a.k.a. “e-mail” or “email”) (including e-mail
saved on computers, e-mail in hard copy form, and any deleted messages which may be
retrieved from backup systems or from your Internet Service Provider), voice mail, any
other data compilations from which information can be obtained (translated, if necessary,
into reasonably usable form), and/or all material similar to any of the foregoing, however
denominated. The term “document” shall also include copies containing additional
writing or marks not present on the originals and copies that are otherwise not identical
copies of the originals. Additionally, the term “document” shall include any meta-data
associated with the underlying document.
K. As used herein, (a) “Identify” or “identity,” when used in reference to a natural person,
means to state his or her full name, home and office telephone number and address,
business title, business affiliation or, if the above are not known, such information as was
last known. If such person has, or at any time in question had, any relationship to you or
to any other party to this action, “identify” also means to state what the relationship is or
was. (b)“Identify” or “identity,” when used in reference to a corporation, partnership or
any legal entity other than a natural person, means to state its full name, form of
organization, jurisdiction of any incorporation, current or last known address, and its
principal place of business (c)“Identify” or “identity,” when used in reference to a
document, means to state the Bates-label number for the document (if applicable) and to
state the type of document (e.g., letter, memorandum, contract, telegram, etc.), its date,
author or authors, addressee or addressees, if any, a summary of its contents, and its
present location or custodian. If any such document is no longer in your possession or
subject to your control, “identify” also means to state what disposition was made of it and
the date of such disposition. (d) “Identify” or “identity,” when used in reference to any
act, means to describe in substance the event or events constituting such act, what
transpired, the place and date thereof, and to identify the persons present, the persons
involved, and all documents relating to the act. (e) “Identify” or “identity,” when used in
any other context, means to state and describe in complete detail.
L. Information “relating” to a given subject matter, as used herein, means information
that constitutes, embodies, comprises, reflects, identifies, states, refers to, deals with,
comments on, responds to, describes, analyzes, contains information containing, or is in
any way pertinent to that subject matter, including, without limitation, documents
concerning the preparation or presentation of other documents.
M. Unless otherwise specified, the terms “person” or “persons” as used herein mean
natural persons, corporations, associations, partnerships, joint ventures, proprietorships,
governmental agencies, departments or offices or other legal entities, whether foreign or
domestic.
N. Unless otherwise defined, all words and phrases used herein shall be accorded their
usual meaning in plain and ordinary usage.
INTERROGATORIES
1. State: 1) full name; 2) current address; and 3. occupation
ANSWER:
2. Describe your role within the condominium company at the time of the alleged unlawful
towing incident.
ANSWER:
3. Describe the events leading up to the towing of the personal car, including dates, time,
and locations.
ANSWER:
4. What specific authority or permission did the condominium company have to tow
personal vehicles from the property?
ANSWER:
5. Were there any posted signs or regulations regarding parking and towing on the
condominium property at the time of the alleged incident? If yes, please describe these
signs or regulations.
ANSWER:
6. Did the condominium company provide any notice or warning to the owner of the
personal car before towing it? If yes, please provide a copy and details of the notice
given.
ANSWER:
7. State the reason(s) the condominium believed the towing of the personal car was lawful,
if applicable.
ANSWER:
8. After being informed that the plaintiff’s car was registered and met all necessary
requirements, what additional rationale did you have for retaining her vehicle and
proceeding with the towing?
ANSWER:
10. List any witnesses to the events surrounding the alleged unlawful towing of the personal
car, including their names, addresses, and contact information.
ANSWER:
11. Have you ever been involved in any prior incidents of towing personal vehicles from the
condominium property? If yes, please describe these incidents.
ANSWER:
12. State any affirmative defenses you intent to raise in response to the allegations of
unlawful towing of the personal car.
ANSWER:
SIGNATURE BLOCK IF EXECUTED IN THE PRESENCE OF A NOTARY PUBLIC
STATE OF FLORIDA )
COUNTY OF ____________ )
Signature: _____________________________
Printed Name: __________________________
As ________________________
STATE OF FLORIDA )
COUNTY OF ____________ )
Pursuant to section 92.525 of the Florida Statutes, I declare under penalties of perjury that I have
read the foregoing instrument and that the facts stated in it are true except for facts stated “on
information and belief” which are true to the best of my knowledge and belief.
Signature: ____________________________________
Printed Name: _________________________________
As _________ _________________________________
Dated: