Monday, November 11, 2013

Judge King to Bob Zarco: We Like Stories!



Successful attorney and entrepreneur Bob Zarco suffered a minor setback recently when Judge King dismissed a complaint brought by one of Bob's business entities, Zarco Marine Group:
The Amended Complaint fails to provide the Court with sufficient facts. Many of the assertions made are conclusory. One sentence provides multiple examples, "On or about September 2011, Plaintiff's principal, Robert Zarco, attempted to start the Formula Generator, utilizing the same procedure for which he had become accustomed and following the instructions provided for in the Operator's Manual.'' D.E. 845. How is Robert Zarco a principal? What procedures did he follow? How did he become accustomed with these procedures? How did he follow the Manual? Similar conclusory and threadbare statements are found throughout the Amended Complaint. Simply stating that events occurred or conditions were satisfied falls short of the pleading requirements.

Facts need to be given that tell a story. Pleadings like "Plaintiff notified Westerbeke and/or its Authorized Dealer(s) on one or more occasions, and/or formally notified Westerbeke of Westerbeke's failure to timely repair the Formula Generator'' are so full of caveats and lacking in details that the Court cannot follow the story to understand the chain of events alleged.
I have a feeling this will be corrected in the second amended complaint.

9 comments:

  1. I love that movie-- so funny!

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  2. I love Zarco -- so funny!

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  3. Harsh scene.

    Great flick.

    Z is for...

    -GB

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  4. "Where is your hand?"

    "It's between two pillows."

    "Those aren't pillows!"

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  5. The Sct eliminates notice pleading without a rule change. Hypocrites.

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  6. King is wrong. There is nothing wrong with those allegations. Sheesh.

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  7. The first example is not too bad, but the second one is patently inadequate. There's no there in there: we do not know who, what, when, where, or how the notice was given -- and I'm not sure we even reach whether it was given.

    That said, Florida is supposed to be a fact pleading state. I see worse every day in foreclosure cases, and the judges specially hired to clear foreclosure dockets routinely find such things adequate.

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  8. Robert Zarco, Alejandro Brito and the law firm of Zarco Einhorn Salkowski & Brito, P.A. are by far the worse law firm I’ve ever dealt with. I believe they are unethical, incompetent, unprofessional and dishonest. I wouldn’t deal with them again if they were the last firm on earth. I think they only care about how much money they can generate from their clients to support Robert Zarco’s extravagant lifestyle. After all, it takes a lot of money to support a $23 million—18,500 square foot mansion with a $5 million yacht collection out back. I don’t think Robert Zarco cares one bit about recovering money damages for his clients and passing that money along to his clients. Obviously others agree.

    For more information on Robert Zarco and his firm Zarco Einhorn Salkowski & Brito, P.A., go to www.robertzarcofacts.org.

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  9. With what has to be 25+ years as a practicing litigator, how come Zarco can't properly plead a case? Gosh Bobby!!!

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