CSK Defense Team
Miami Partner Jennifer V. Ruiz
Fort Lauderdale West Associate Natalia Morales
Case Summary
In the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, FL, a condominium association (Defendant) faced a lawsuit from a Trustee (Plaintiff) who claimed ownership rights over a property. The Plaintiff filed multiple verified complaints, seeking a court order to recognize the Trust’s ownership and the Trustee’s right to occupy the unit. The Plaintiff relied on documents including a Trust agreement, a Certification of Trust, and a Quit Claim Deed.
Defense Strategy
Representing the condominium association, the CSK Defense Team’s strategy centered on exposing the Plaintiff’s fraudulent scheme, arguing that Plaintiff’s claims were based on fabricated documents—a sham Trust and a forged Deed. After forcing Plaintiff to take a voluntary dismissal in the middle of an evidentiary hearing for fraud on the Court, the defense sought and obtained post-dismissal sanctions under the Inequitable Conduct Doctrine, a rarely granted remedy that punishes parties for egregious misconduct in court.
The defense presented clear and convincing evidence, including expert testimony from a forensic document examiner, showing that the Trust and Deed were fraudulent. They demonstrated that the Plaintiff had committed fraud, perjury, and falsification of records, and had filed fraudulent documents with the court and public records.
Outcome
After an evidentiary hearing, the Court found that Plaintiff Trustee had engaged in a fraudulent scheme to defraud both the Court and the Defendant Association, as well as filed fraudulent documents in public records of Miami-Dade County. The Judge ruled that the Trust was fabricated, the Deed was forged, and the Plaintiff had committed perjury in verified complaints. The Court ordered the fraudulent Deed to be removed from the public records and found the Plaintiff’s actions to be so egregious that they rose to the level of criminal conduct.
Most notably, the Court granted Defendant’s motion for post-dismissal sanctions under the Inequitable Conduct Doctrine—a rarely achieved outcome in most cases. This means the Defendant is entitled to recover reasonable attorneys’ fees and costs from the Plaintiff, and the Court reserved jurisdiction to determine the exact amount.
The CSK Defense Team is now seeking a vexatious litigant order against the Plaintiff Trustee to prevent further fraudulent lawsuits involving the sham Trust or forged Deed. Most notably, the Court granted the Defendant’s motion for post-dismissal sanctions under the Inequitable Conduct Doctrine—a rarely achieved outcome in most cases. This means the Defendant is entitled to recover reasonable attorneys’ fees and costs from the Plaintiff, and the Court reserved jurisdiction to determine the exact amount.
The CSK Defense Team is now seeking a vexatious litigant order against the Plaintiff Trustee to prevent further fraudulent lawsuits involving the sham Trust or forged Deed.
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