TALG, NV, LTD.

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TALG, NV, LTD.

0000 X. Xxxxxxx Xx., Xxxxx 000

Las Vegas, NV 89113

Phone: (000) 000-0000 / Fax: (000) 000-0000

FAC

TALG, NV, LTD.

Xxxxxx Xxxx, Esq.

Nevada Bar No. 9343

Xxxxxx X. Xxxxxx, Esq.

Nevada Bar No. 14579

Xxxxxx Xxxxxxxxx, Esq.

Nevada Bar No. 16245

0000 X. Xxxxxxx Xx., Xxxxx 000

Las Vegas, NV 89113

Telephone: (000) 000-0000

xxxxx@xxxxxxx.xxx

xxxxxxx@xxxxxxx.xxx

xxxxxxxxxx@xxxxxxx.xxx

Attorneys for Plaintiff

DISTRICT COURT

CLARK COUNTY, NEVADA

XXXXX XXXXXX, an individual,
Plaintiff,
v.
CABO PLATINUM LLC, a Nevada limited liability company; CSL PLATINUM SERVICES SA DE CV, a company organized under the laws of Mexico; PLATINUM LIFE BY DESIGN; XXXXXX XXXXX, an individual; XXXXXXX XXXX, an individual; DOES I through X, inclusive; and XXX ENTITIES 1 through 10, inclusive,
Defendants.
Case No.: A-24-892924-B Dept: 9

FIRST AMENDED COMPLAINT

Plaintiff Xxxxx Xxxxxx, an individual, by and through their counsel of record, TALG, NV, LTD., alleges and complains based upon personal knowledge of his own acts and upon information and belief based, among other things, upon the investigation made by plaintiff by and through such counsel as to the acts of the defendants as described herein (the “Complaint”). The majority of evidence in support of Plaintiff’s claims is in Defendants’ exclusive possession, custody, or control. Plaintiff's claims are likely to have additional evidentiary support after a reasonable opportunity for discovery.

SUMMARY OF THE ACTION

1. This action involves widespread fraud, misappropriation, commingling, embezzlement, and the loss of over $3,500,000 in profits generated from three luxury properties located in Mexico owned by Plaintiff Xxxxx Xxxxxx (“Plaintiff”). Throughout a longstanding business relationship between Plaintiff and Defendants Xxxxxxx Xxxx (“Xxxxxxx”) and Xxxxxx Xxxxx (“Xxxxxx”), Plaintiff entrusted his real estate, his investments, the $3,500,000 of profit associated with his properties, and over $1,200,000 in funds to Danette, Mishan, and their various business entities, including Defendant Cabo Platinum, LLC (“Cabo Platinum”), CSL Platinum Services SA de CV (“CSL Platinum”), Cru Concierge doing business as Platinum Life by Design (“Platinum Life”) (the “Defendants”). Plaintiff trusted the Defendants to care for his real estate in Mexico while he resided in Nevada, to manage the property and market it to prospective guests, and to truthfully and honestly inform him about expenses associated with the real estate while it was managed by the Defendants. Plaintiff trusted the Defendants to safeguard the profit they received from guests, and deposit the profit into a trust account for his personal benefit. At the very minimum, Plaintiff trusted that the Defendants maintained receipts for the services and items that were provided to Plaintiff’s properties.

2. But when Plaintiff asked for receipts—and he did so repeatedly—no receipts were provided. Plaintiff could not figure out why his simple request for receipts led to anger and frustration because each month he received a document from an entity claiming to be Cabo Platinum that contained an itemized list of the profits his properties generated from guest reservations, expenses associated with the property management, and other charges (the “Homeowners Ledger”). Surely, the expenses identified on the Homeowners Ledger must be reflected in receipts or other documents showing what was paid and to whom. But in a conversation on April 15, 2024, Xxxxxx informed Plaintiff they couldn’t provide receipts because they didn’t have any receipts and “it is what it is.”

3. Plaintiff is informed and believes, and thereon alleges, that the Defendants did not keep receipts because those documents would show the true price of the items on the Homeowners Ledger, and each time the Defendants charged $138.28 for “1 pack garbage bags, 1 pack toilet paper, 8L ironing product, 8L vinegar,” Plaintiff would be able to challenge those expenses on the Homeowners Ledger. Without receipts, the Defendants could, quite literally, make up any price, an item, any charge, any repair, any bill, and the Plaintiff would have no way to verify whether the information reflected on the Homeowners Ledger was accurate.

4. Plaintiff relied upon the information in the Homeowners Ledger because it was supposed to contain the profit and losses associated with his properties, and the current balance of funds held in trust for his benefit (the “Homeowners Trust Account”). And if the Homeowners Ledgers were not accurate, the financial information regarding what was held (or dissipated) from the Homeowners Trust Account was also not accurate. Further, the individuals with the ability to create the Homeowners Ledgers—Xxxxxxx and Xxxxxx—also had the ability to modify and manipulate the information contained on the Homeowners Ledgers with a few simple keystrokes to make it appear that the Homeowners Trust Account held much more than it actually did.

5. However, upon information and belief, no Homeowners Trust Account was ever created for any of Plaintiff’s properties. Plaintiff is informed and believes the funds collected from guests were placed into a general account (or accounts) with funds from the other homeowners who received property management services from Defendants. The funds are believed to have been commingled with the Defendants’ business and personal expenses, and used to pay for Xxxxxxx’s and Xxxxxx’x extensive traveling and lavish vacations, and to pay the Mexican government the fees and penalties associated with an extensive tax audit of Defendants’ businesses conducted a couple years ago. Upon information and belief, the tax audit from the Mexican government resulted, at least in part, from Defendants’ failure to keep accurate and adequate accounting records and receipts.

6. At its core, this action is about receipts and financial statement fraud. Before commencing litigation, Plaintiff asked for receipts, invoices, and other back up documentation reflecting how the approximately $4,700,000 was spent. In April of 2024, Cabo Platinum informed Plaintiff it would wire him $40,537.96 from the Homeowners Trust Account, but that money never came. Then, Cabo Platinum began dissipating the purportedly remaining funds in Plaintiff’s Homeowners Trust Account, and now claims that Plaintiff’s Homeowners Trust Account balance is in “arrears.” Plaintiff is informed and believes and thereon alleges that all of the funds that were once held in trust for his benefit have been converted, misappropriated, embezzled, and misused by the Defendants.

7. Plaintiff’s claims arise from the Defendants’ widespread theft, conversion, misappropriation, embezzlement, comingling of Plaintiff’s funds (the “Homeowner Funds”) that were entrusted to the Defendants, and failure to secure and safeguard the real and personal property of Plaintiff. Plaintiff had a right to expect trust and confidence in the integrity and fidelity of the Defendants, and that trust and confidence was breached when the Defendants accessed and misused the Homeowner Funds in violation of their fiduciary and statutory duties. The Defendants dissipated the Homeowner Funds on lavish vacations and personal items for the owners of Cabo Platinum, Mishan and Xxxxxxx, and have failed to provide an accounting of the funds currently held in trust for Plaintiff. The Homeowner Funds are believed to be held in bank accounts located in the United States, including California and Nevada, and are controlled, managed, overseen, and accessible to the Defendants. The Homeowner Funds are nominally under the control of Cabo Platinum, CSL Platinum, and Platinum Life, which includes and has included defendants Xxxxxx and Xxxxxxx. The Defendants benefit from the Homeowner Funds and always act in the Defendants’ best interests, rather than in the interests of Plaintiff. Despite their fiduciary duties to act in the best interests of Plaintiff to fulfill such duties, in virtually all instances known to Plaintiff, they acted in their own primary interests and aided and abetted Cabo Platinum’s own breaches of fiduciary duties as described herein.

PARTIES

8. Plaintiff is, and was, at all times relevant herein, a citizen of Clark County, Nevada. Plaintiff is the owner of several properties in San Xxxx del Cabo and Cabo San Xxxxx, located in Baja California Sur, Mexico (the “Properties”).

9. Upon information and belief, Defendant Xxxxxx Xxxxx (“Xxxxxx”) is, and was, at all times relevant herein, an individual that conducts business in Clark County, Nevada. Defendant Xxxxxx is, and at all times relevant since 2011, has been the Chief Operating Officer (“CEO”) of Defendants Cabo Platinum and CSL Platinum. As a result of these positions, he has been responsible for the acts of the entities described herein, including those in Clark County, Nevada. Xxxxxx frequently travels between Los Cabos in Mexico to Las Vegas, Nevada and Southern California to conduct business.

10. Upon information and belief, Defendant Xxxxxxx Xxxx (“Xxxxxxx”) is, and was, at all times relevant herein, an individual that conducts business in Clark County, Nevada. Defendant Xxxxxxx is, and all time relevant since 2011, has been the Chief Operating Officer (“COO”) of Defendants Cabo Platinum and CSL Platinum, and the CEO of Platinum Life. As a result of these positions, she has been responsible for the acts of the entities described herein, including those in Clark County, Nevada. Xxxxxxx frequently travels between Los Cabos in Mexico to Las Vegas, Nevada and Southern California to conduct business.

11. Defendant Cabo Platinum is, and was, at all times relevant herein, a Nevada limited liability company authorized to conduct business in Clark County, Nevada. According to Cabo Platinum, it and its principals, Xxxxxxx and Xxxxxx, “have developed a business centered on turnkey first-class vacation experiences in Los Cabos, Mexico.” It offers “high-end residences for vacation rentals, yacht charters, concierge services, and other experiences as part of the packages it markets and sells to travelers.” Aside from its villa rentals, Cabo Platinum also provides “real estate, property management, interior design and concierge service located in Los Cabos, Baja California Sur, Mexico, where the Sea of Xxxxxx meets the Pacific Ocean. Established in 2011, the family-owned Cabo Platinum offers a collection of carefully selected and curated private villas for discerning travelers.”¹ Cabo Platinum and operates a website (xxx.xxxxxxxxxxxx.xxx) that was created in July of 2012 by Defendants Xxxxxxx and Xxxxxx, the family that owns Cabo Platinum.² Cabo Platinum is believed to be the successor-in-interest to CSL Platinum, and believed to have been created as a tax shelter for CSL Platinum, the other Defendants in this action, and Cabo Platinum’s affiliated entities.

12. Defendants Xxxxxx and Xxxxxxx are the Managing Members of Defendant Cabo Platinum (the “Managers”). At all relevant times, the financial decisions for the Homeowners Funds were made by the Cabo Platinum or entities controlled by the Managers or subsidiaries or affiliates thereof and carried out within Clark County, Nevada and throughout the United States. Defendant Cabo Platinum is believed to be the holding/operating entity the Managers formed to conduct business as what are currently known as the CSL Platinum SA de CV, with its principal place of business in Los Cabos, Mexico. Defendant Cabo Platinum has at all relevant times been operated as an alter ego of Defendants Xxxxxx and Xxxxxxx and their respective affiliated entities.

13. Upon information and belief, Defendant Xxxxxxx is a Canadian citizen and Xxxxxx Xxxxx is a United States citizen that previously resided in California. Upon information and belief, Defendants Xxxxxxx and Xxxxxx frequently travel between Los Cabos in Mexico to Las Vegas, Nevada and Southern California to conduct business.

14. Upon information and believe, neither Defendant Xxxxxxx or Defendant Mishan are licensed design professionals or property managers in the state of Nevada.

15. Defendant Cabo Platinum (through its subsidiaries) and other business entities owned by the Managers, individually and collectively, charges substantial fees and expenses to Plaintiff for their purported services which, together with Cabo Platinum’s own operating expenses, have had a substantial cost to Plaintiff where fiduciary assets have been entrusted in one or more of Cabo Platinum’s bank accounts.

16. Upon information and belief, at all times relevant herein, Cabo Platinum does not carry and has not carried the appropriate licensure to operate a property management company in Nevada. Upon information and belief, Cabo Platinum does not employ any real estate brokers licensed to conduct business in Nevada and does not carry the required permitting to conduct business as a property management company. Upon information and belief, Cabo Platinum is not licensed or authorized to conduct business in Nevada as a property management company.

17. Defendant CSL Platinum Services SA de CV (“CSL Platinum”) is, and was, at all times relevant herein, a company organized under the laws of Mexico in Baja California Sur, Mexico. According to its website, “Cabo Platinum” or “company” refers to “Cabo Platinum LLC & CSL Platinum Services SA de CV.” Upon information and belief, the two companies operate as the same company and maintain the same employees, books, records, accounts, records, and conduct the same business. At all relevant times, the financial decisions for the Homeowners Funds controlled by CSL Platinum were made by the Cabo Platinum or entities controlled by the Managers or subsidiaries or affiliates thereof and carried out within Clark County, Nevada and throughout the United States. Defendant CSL Platinum has at all relevant times been operated as an alter ego of defendants Xxxxxx and Xxxxxxx and their respective affiliated entities.

18. Upon information and belief, Defendant Cru Concierge doing business as Platinum Life by Design (“Platinum Life”) is, and was, at all times relevant herein, a company that is believed to be conducting business in Clark County, Nevada. Defendant Platinum Life is an interior design company that provides interior design and remodeling services to Cabo Platinum’s clients, including Plaintiff, in Mexico as well as the United States. Defendant Platinum Life maintains a website offering services to customers at the following website: xxxxx://xxxxxxxxxxxxxxxxxxxx.xxx/. Platinum Life is believed to be the successor-in-interest to Cabo Platinum Design, another entity controlled by Defendant Cabo Platinum and its Managers, which previously operated a website at xxxxx://xxx.xxxxxxxxxxxxxxxxxx.xxx. Now, the Cabo Platinum Design website directs internet traffic to Platinum Life’s website, and contains information regarding the interior design and remodeling projects Platinum Life purportedly provided to Plaintiff at a property located in Las Vegas, Nevada, as well as two Properties owned by Plaintiff in Los Cabos, Mexico. According to its website, the “Corporate Office” for Platinum Life is located at 0000 Xxxxxx Xxx. #202A, Cheyenne, WY 82001, however, Platinum Life is not a business authorized to conduct business in Wyoming. Defendant Platinum Life is not registered as a business authorized to conduct business in Clark County, Nevada and does not appear to be a licensed business entity operating under the laws of any of the States within the United States of America. Upon information and belief, at all times relevant herein, Platinum Life does not carry and has not carried the appropriate licensure to operate an interior design company in Nevada. Upon information and belief, Platinum Life does not employ any registered interior designers authorized to conduct business in Nevada and does not carry the required licensing or registration to conduct business as an interior design company. Upon information and belief, Platinum Life is not authorized to conduct business in Nevada as an interior design company. Defendant Platinum Life has at all relevant times been operated as an alter ego of defendants Xxxxxx and Xxxxxxx and their respective affiliated entities.

19. The names and capacities, whether individuals, corporate, associate or otherwise of Defendants named herein as DOE and XXX ENTITIES are unknown or not yet confirmed. Upon information and belief, said DOE and XXX ENTITIES are responsible for damages suffered by Plaintiff and, therefore, Plaintiff sue said defendants by such fictitious names. Plaintiff will ask leave to amend this Complaint to show the true names and capacities of each DOE and XXX ENTITIES at such time as the same has been ascertained.

20. The names, dates, costs of transactions, and documents demonstrating the Defendants’ fraud are in the custody, control, and possession of Defendants. Upon information and belief, said information supports a strong inference of fraud, and therefore, Plaintiff is cannot plead certain allegations with more particularity because the required information is in Defendants’ possession. Plaintiff is entitled to a relaxed pleading standard and will ask leave to amend this Complaint to show the particular dates, names, and conduct to demonstrate his allegations of fraud against Defendants. Rocker v. KPMG LLP, 000 Xxx. 1185, 1195, 148 P.3d 703, 709 (2006), overruled on other grounds by Xxxx Xxxx, Ltd. Liab. Co. v. City of N. Las Vegas, 124 Nev. 224, 228 n.6, 181 P.3d 670, 672 (2008).

21. The names and capacities, whether individuals, corporate, associate or otherwise of similarly situated individuals that may for an adequate class are unknown or not yet confirmed. Upon information and belief, Plaintiff may be an fair and adequate class representative under Nevada Rules of Civil Procedure Rules 23(a) and 23(c)(3) to seek a class action for: (i) an accounting which determines all damages caused by the Class Defendants to the members of the Class defined below and the extent of the unjust enrichment of the defendants from their wrongful activities, as well as repayment of such unjust enrichment and the earnings thereupon; (ii) money damages to be paid by the defendants; (iii) injunctive relief providing for, inter alia, the possible removal of Xxxxxx and Xxxxxxx as fiduciaries for all fiduciary accounts in which members of the Class are currently beneficiaries; (iv) injunctive relief providing for new procedures and practices at Cabo Platinum which put the interests of members of the Class ahead of those of the Class Defendants; and (v) for relief incident and subordinate thereto, including substantial punitive damages, the costs and expenses of this action and an award of attorneys’ fees and reimbursement of expenses to Plaintiff’s counsel. Plaintiff will seek leave to amend this Complaint to show the names and capacities of the Plaintiff at such time as the same has been ascertained.

JURISDICTION AND VENUE

22. Venue is proper in the Eighth Judicial District Court in Clark County, Nevada, pursuant to NRS 13.040 because (1) one or more of the Defendants reside in Clark County, Nevada, and are authorized to transact business, and currently transact business, within Clark County, Nevada; and (2) the obligations, acts, and omissions complained of herein were incurred, in whole or in part, within Clark County, Nevada.

23. This Court has personal jurisdiction over Defendants, pursuant to NRS 14.065 because (1) all Defendants are domiciled in Nevada; (2) Defendants’ activities and contacts in Nevada have been and continue to be so substantial, continuous, and systematic that the Defendants are deemed present in the forum; and (3) the obligations, acts, and omissions complained of herein were incurred and committed, in whole or in part, in Nevada, and thus, the Defendants have had sufficient contacts with this forum such that the exercise of personal jurisdiction over them will not offend traditional notions of fair play and substantial justice. Each of the defendants had continuous and systemic contacts with Clark County by reason of, inter alia, their common scheme, plan and conspiracy set forth below, to foist upon the fiduciary accounts of Plaintiff that are believed to be held in Nevada. Accordingly, this Court has personal jurisdiction over the Defendants.

24. This Court possesses subject matter jurisdiction over this matter because Clark County, Nevada, is the judicial district in which a substantial part of the events or omissions giving rise to the claims set forth herein occurred.

25. The primary claims or issues in this matter arise from business torts, and thus, it is appropriate for treatment within the Eighth Judicial District Court’s Business Division pursuant to EDCR 1.61(a)(2)(ii).

GENERAL ALLEGATIONS

The Business Relationship Begins With A Property Management Agreement

26. In or around 2011 or 2012, Plaintiff was introduced to Defendants Xxxxxxx and Xxxxxx when he booked a luxury villa accommodation for his trip to Los Cabos. A current employee of Defendant Cabo Platinum, Xxxxxx Xxxxxxx, recommended the luxury villa accommodation and discussed potentially owning a similar property in Los Cabos.

27. In 2016, Plaintiff purchased a property located at 00 Xxxxxxxx xxx Xxxxxx xx Xxxx Xxx Xxxxx, Xxxx Xxxxxxxxxx Xxx, Xxxxxx 00000 (“Villa Vegas Xxxx 1”) with the assistance of Defendants Cabo Platinum and Xxxxxxx. Villa Vegas Xxxx 1 is a seven (7) bedroom home that has six and a half (6.5) bathrooms and may accommodate up to twenty-two (22) guests.

28. On February 1, 2016, a Property Management Agreement was executed, which stated Defendant CSL Platinum would provide property management services with respect to Villa Vegas Xxxx 1 (the “PMA”). The property management services included inspections, full rental management for guests, concierge services for guests, and marketing of the property.

29. The PMA required Plaintiff to pay Cabo Platinum for property management services to the “CABO PLATINUM US DOLLAR ACCOUNT.” According to the PMA, Plaintiff would receive a detailed report every month and “PROVIDE “RECEIPTS MONTHLY FOR ALL EXPENSES RELATED TO THE PROPER MAINTENANCE OF THE PROPERTY.” The PMA also required all repairs and supplies to be approved in writing by Plaintiff prior to commencing such work. The PMA also contained a clause requiring all questions concerning the meaning, terms, effect, validity and enforcement of the PMA to be determined according to the laws of Baja California Sur, Mexico.

30. The PMA only relates to services for Villa Vegas Xxxx 1. The PMA is the only signed agreement with respect to any of Plaintiff’s Properties and the marketing, property management, and Homeowners Trust Account associated with Plaintiff’s Properties.

31. At all times relevant herein, Plaintiff believed the property management services provided to Villa Vegas Xxxx 1 were provided by Cabo Platinum. Each month Xxxxxxx emailed Plaintiff a spreadsheet containing a list of upcoming reservations, as well as anticipated “credits” and “debits” for the reservations. The spreadsheet was emailed from Xxxxxxx’s email address at Cabo Platinum’s website, xxxxxxx@xxxxxxxxxxxx.xxx, and “Cabo Platinum” was prominently displayed on the spreadsheet. More recently, the Homeowner Ledgers were sent from xxxx@xxxxxxxxxxxx.xxx. At all times relevant herein, Xxxxxxx and Xxxxxx referred to their property management business as “Cabo Platinum.”

32. At all times relevant herein, Cabo Platinum was believed to be the entity transacting all of the guest reservations, all of the property management services, all of the real estate portfolio management, all of the interior design work, and facilitating all of the real estate purchases on Plaintiff’s behalf. More recently, Plaintiff was provided access to a homeowners’ portal on Defendant Cabo Platinum’s website that allowed him to access the Homeowners Ledgers for the Properties. Although Villa Vegas Xxxx 1 was advertised as a property that cost approximately $3,600 per night to rent, the actual rent charged to guests of the property fluctuated and the invoices reflected a very reduced nightly rate for guests. Additionally, Defendants collected a “Management Commission” totaling 20% of the “Gross Rent” received from the guests of the property.

33. Although the PMA identifies the parties to the agreement as Plaintiff and CSL Platinum, Cabo Platinum is bound by the PMA because: (1) CSL Platinum assigned all of its rights, obligations, and duties under the PMA to Cabo Platinum, and Cabo Platinum provided all of the contractual obligations contained in the PMA to Plaintiff; (2) Cabo Platinum is incorporated by reference into the PMA and received significant financial benefits and other benefits from the contract; (3) Cabo Platinum assumed CSL Platinum’s rights, responsibilities, and obligations to perform property management services to Plaintiff under the terms of the PMA; (4) Cabo Platinum is an agent of CSL Platinum that provides property management services by and through CSL Platinum’s contractual relationship with Plaintiff, and according to its website, Cabo Platinum and CSL Platinum are referred to as the same company; (5) Cabo Platinum is the alter ego of the Managers, and according to an April 21, 2024 email from Xxxxxxx on behalf of Cabo Platinum, the PMA is the “original management contract” relating to the property management services provided to Plaintiff’s properties; and (5) Cabo Platinum is estopped from asserting that it is not bound by the PMA because (1) Cabo Platinum has been apprised of the true facts; (2) Cabo Platinum intended for its conduct to be acted upon or acted in a manner that Plaintiff believed it was intended; (3) Plaintiff was ignorant of the true facts; and (4) Plaintiff relied to his detriment on the conduct of Cabo Platinum.

The Financial Statement Manipulation Begins

34. Once the PMA was executed, Defendants began marketing Villa Vegas Xxxx 1 as a luxury accommodation for potential guests of Cabo San Xxxxx, Mexico. Villa Vegas Xxxx 1 was marketed on Cabo Platinum’s website, and guests would contact Cabo Platinum to book accommodations at the villa. Cabo Platinum collected payment directly from guests and coordinated the guest accommodations. Cabo Platinum did not share guest reservation details with Plaintiff, and Plaintiff never executed any contracts with Cabo Platinum’s guests. Plaintiff was rarely provided with the opportunity to review the proposed guest(s), or consent to allow the proposed guest(s) to occupy Villa Vegas Xxxx 1. All guest contracts, guarantees, and communications regarding accommodations were completed by Defendant Cabo Platinum or its representatives, agents, or employees. Plaintiff had no oversight regarding the reservation process, the amounts that were paid by guests for their reservations, or the agreements between Cabo Platinum and the guests.

35. Cabo Platinum also claimed to provide other property management services to Villa Vegas Xxxx 1, including paying bills, performing repairs, and other household expenses associated with the property. Although Cabo Platinum was required to notify Plaintiff of repairs and other charges relating to the property, Cabo Platinum rarely did so. Cabo Platinum did not request authority before making purchases, paying vendors, or providing services to Villa Vegas Xxxx 1, and acted as though it owned the property. Plaintiff was provided minimal transparency regarding the day-to-day management of Villa Vegas Xxxx 1, and Cabo Platinum did not provide receipts, invoices, or other back-up documentation reflecting the expenses reflected on the monthly statements it received from Cabo Platinum (the “Homeowners Ledger”).

36. Rather than provide payment information, reservation details, receipts, or other documents indicating the day-to-day property management activities, Cabo Platinum would provide an Excel spreadsheet containing information relating to reservations that were booked, and the “credits” and “debits” made to Plaintiff’s Homeowners Trust Account. When Plaintiff asked for receipts and other information regarding the amounts contained in the Homeowners Trust Account, Cabo Platinum refused to provide any back up documentation regarding the information reflected on the Homeowners Ledger. Upon information and belief, entities that provide property management services in Baja California Sur, Mexico are required to provide booking information regarding the guests that will be staying at the property, the amount that the guest paid for the accommodation, and proof of that payment to allow a homeowner to confirm that amounts that are expected to be collected. Cabo Platinum did not provide this information to Plaintiff.

No Receipts and the Six Year Construction of Villa Vegas Xxxx 2

37. In 2018, Plaintiff purchased two plots of land adjacent to Villa Vegas Xxxx 1 to build a new home. Plaintiff’s second property is located on at 00 Xxxxxxxx xxx Xxxxxx xx Xxxx Xxx Xxxxx, Xxxx Xxxxxxxxxx Xxx, Xxxxxx 00000 (“Villa Vegas Xxxx 2”). The property contains eleven (11) bedrooms, and can accommodate up to twenty-four (24) guests.

38. During the course of construction, Cabo Platinum agreed to oversee the interior design, carpentry, countertops, stonework for all showers, tabletops, and kitchen tables, as well as oversee the installation of all appliances in the home (the “VVD2 Design Contract”). Defendant Xxxxxxx charged a fee associated with the interior design of Villa Vegas Xxxx 2 totaling approximately $134,794.57, and also charged an “Overseeing fee bonus” totaling $50,000 for “all the extra services we provided and meetings with builder and external provider that were not in the scope of our design.” The aforementioned $50,000 was taken by Defendant Xxxxxxx from Plaintiff’s Homeowner’s Trust Account without consent.

39. On March 24, 2020, Cabo Platinum provided Plaintiff with a proposal containing furniture and fixtures for Vegas Xxxxx Xxxx 2 totaling $969,729.24, which was overinflated and unsubstantiated. Defendant Xxxxxxx advised Plaintiff she spends these funds on hiring her “own staff, butlers,” who never performed any work at Plaintiff’s properties.

40. Upon information and belief, although Plaintiff has not approved the vast majority of the items contained on the proposal, Defendant Cabo Platinum has received payment of approximately $873,634.30 for the furniture and fixtures for Villa Vegas Xxxx 2. In an email dated September 14, 2023, Defendant Xxxxxxx emailed Plaintiff an invoice and stated: “I am going to transfer these funds from VVD1 (Villa Vegas Xxxx 1) account.” Upon information and belief, this transfer also constituted commingling of funds. The payments were processed by Defendants Xxxxxxx, Xxxxxx, and/or Cabo Platinum by taking funds from Plaintiff’s Homeowners Trust Accounts held by Cabo Platinum for the benefit of Plaintiff without Plaintiff’s approval or express authorization. Additionally, although Plaintiff paid the VVD2 Design Contract fee and paid Defendant Cabo Platinum for the carpentry and stonework at the property, the carpentry and stonework subcontractors for the property were not paid by Cabo Platinum or the Defendants. Defendant Xxxxxxx specifically represented to Plaintiff that “Per our conversation, I would made the final payment” to the carpentry and stonework subcontractors.

41. Upon information and belief, throughout the course of construction, Defendant Xxxxxxx informed the general contractor, subcontractors, and other third-parties that worked at the Villa Vegas Xxxx 2 construction job site that she was the project manager. She made several architectural and design changes that affected the timeliness, processes, and procedures for delivery and quality of work. Defendant Xxxxxxx’s changes, requests, modifications, and additional work order that were not contemplated in the original contract are not covered by the general contractor’s warranty. In fact, the general contractor has stated that its responsibility “only covers the works that are part of the main contract, which have been completed and received satisfactorily by the owner as of October 30, 2023.” All other work falling outside of the contract is “not [the builder’s] responsibility for architectural or structural failures.”

42. In April of 2024, after six years of construction and countless promises from Xxxxxxx, Xxxxxx, and Cabo Platinum, Villa Vegas Xxxx 2 was not complete. Although Plaintiff had paid millions of dollars for furniture, design, and a completed home, the interior design, carpentry, and stonework were not finished. To complete the construction, Plaintiff was forced to pay out of pocket to complete construction for closets (master bedroom), doorknobs, handles and drawers, among other non-finished items.

/ / /

/ / /

$1.3M Remodeling of Las Vegas Home Without Receipts

43. In 2019, Plaintiff hired Defendants Cabo Platinum and Platinum Life to remodel the home that he purchased for his parents located in the Spanish Hills area of Las Vegas, Nevada (the “Las Vegas Property”).

44. On July 14, 2019, Plaintiff executed a Design Contract and Guidelines with the Defendants regarding the Las Vegas Property which stated that the services provided by Cabo Platinum and Platinum Life would adhere to a “max furnishings/décor and renovations budget of $350,000 USD” (the “Design Contract”).

45. The Design Contract further provided that all purchase “made on behalf of the Client [Plaintiff] will be approved by Client.” However, throughout the remodel, furniture, fixtures, and equipment were purchased without Plaintiff’s approval.

46. Although the Design Contract stated the maximum budget for the project would be $350,000, the project took approximately seventeen (17) months to complete and had a cost of over $1,300,000.

47. During the course of the remodel, Cabo Platinum and Platinum Life did not send Plaintiff copies of any additional proposals, invoices, or receipts for items that were purchased for the property. When Plaintiff requested copies of the receipts and invoices, Defendant Xxxxxxx admitted that the records associated with the Las Vegas Property’s design project were deleted “to not consume cloud space at least a year ago.”

48. Defendant Cabo Platinum and/or Platinum Life transferred significant funds from the trust account for Villa Vegas Xxxx 1 to fund portions of the remodel without Plaintiff’s authority or approval.

49. Upon information and belief, the information contained on the proposals provided to Plaintiff was false, misleading, or inaccurate. Plaintiff has been informed and believes that many of the charges identified on the proposals do not reflect the items purchased for the property or the cost of those items. Defendants have also destroyed, altered, or modified business records relevant to determine whether the information contained on the proposals is true and correct. This information is relevant to Plaintiff’s claims, and the willful or negligent destruction of such evidence warrants the imposition of spoliation sanctions.

Defendants’ Lavish Vacation Following Concealment of Defects

Prior to Sale of Villa Vegas Xxxx 3

50. In November of 2023, Plaintiff purchased a third property in Los Cabos located at Lote 8, Tourist Corridor in San Xxxx del Cabo, Baja California Sur, Mexico 23405 (“Villa Vegas Xxxx 3”) with the assistance of Defendant Xxxxxxx. Villa Vegas Xxxx 3 is a beachfront property currently valued at approximately $20,000,000.

51. Prior to the sale of Villa Vegas Xxxx 3, Defendants Xxxxxxx and Xxxxxx encouraged Plaintiff to purchase the property because it was a property that Defendant Cabo Platinum managed for the prior owners. Defendant Cabo Platinum showed Plaintiff documents demonstrating that the property received at least $100,000 per month in rent from guests, and assured Plaintiff that the property was a good investment. Plaintiff purchased Villa Vegas Xxxx 3 subject to a monthly mortgage payment is $260,000 per month for 24 months based upon the representations of Xxxxxxx and Cabo Platinum that the revenue from his three properties would cover the monthly mortgage payment.

52. Defendants Xxxxxxx, Xxxxxx, and Cabo Platinum knew or should have known that Plaintiff would never be able to cover the $260,000 mortgage based upon the revenue of his Properties and provided false information regarding the revenue potential for the Properties. For an average person, $260,000 is the cost of an entire property, but Xxxxxxx, Mishan, and Cabo Platinum falsely represented to Plaintiff that the revenue potential for his three properties would at least cover the cost of the mortgage for the two years following the sale. This representation was false, or the Defendants reasonably should have known the Properties would not generate enough revenue to cover the mortgage based upon the information in their possession, including but not limited to: prior rental history and prospective rentals for the three Properties, knowledge that Villa Vegas Xxxx 2 was not complete due to the actions and conduct of Defendants and thus was not rentable, and the extensive repairs that were necessary to ensure Villa Vegas Xxxx 3 was habitable. In fact, between November of 2023 when the purchase was completed and April of 2024, the Properties have not generated revenue even close to covering the mortgage. In March of 2024, although Cabo Platinum was expected to pay the mortgage, it failed to do so because the properties were not producing revenue, and Plaintiff paid the $260,000 mortgage without any of the assistance that he was ensured he would receive from Cabo Platinum.

53. After the transaction closed, Plaintiff discovered numerous and extensive repairs were necessary at Villa Vegas Xxxx 3. Plaintiff was unaware of the extensive hurricane damage, air conditioners that required repairs, and other issues with the home before closing, and relied upon Defendants Xxxxxxx and Xxxxxx, his real estate agents and the named brokers for the real estate. Although Defendants Xxxxxxx and Xxxxxx had an obligation to inform Plaintiff of the extensive repairs that were needed, the latent damages, and other issues with Villa Vegas Xxxx, they concealed that information until after closing.

54. As the brokers for the real estate, Xxxxxxx and Xxxxxx also should have listed the property on MLS but refused to do so because they wanted to retain control of Villa Vegas Xxxx as a property managed by Cabo Platinum. Instead, Xxxxxxx and Xxxxxx targeted extremely wealthy investors like Plaintiff to purchase the property as an investment vehicle, which would allow them to continue to control the property as a revenue stream for Cabo Platinum.

55. Upon information and belief, Defendant Xxxxxxx and/or Xxxxxx received a commission for the sale of the property totaling approximately $700,000. Defendants promised Plaintiff that they would complete all of the aforementioned repairs in less than 45 days, without any further charges to Plaintiff. Defendant Xxxxxxx bragged that as a Canadian Citizen she would avoid paying income taxes by funneling funds to her US Chase Bank Account.

56. After closing, Defendants Xxxxxxx and Xxxxxx lived at Villa Vegas Xxxx 3, and promised to make numerous repairs to the property to ensure it was in a rentable condition to guests (the “VVD3 Repairs Contract”). Although Xxxxxxx and Xxxxxx made a few repairs, the vast majority of the repairs to the Property have not been made. Since April of 2024, Plaintiff has been forced to replace the air conditioning units for the property (approximately $80,000), hurricane shutters that were missing panels (approximately $50,000), and is in the process of replacing an entire side of the house that is missing (approximately $60,000). The estimated cost of repairing Villa Vegas Xxxx is $400,000, which was not disclosed to Plaintiff prior or subsequent to the sale of the property. Plaintiff has also recently learned that the prior homeowner provided floorplans and other information to Defendants Xxxxxxx and Xxxxxx, but none of that information has been shared with Plaintiff.

57. After Defendants Xxxxxxx and Xxxxxx received the $700,000 commission for the sale of Villa Vegas Xxxx 3 to Plaintiff, they and their family went quite literally jet-setting around the world. Although the construction of Villa Vegas Xxxx 2 was nearly complete and the VVD2 Design Contract remained to be completed, all work on the project came to grinding halt while Defendants Xxxxxxx and Xxxxxx went on a lavish vacation. In fact, when Plaintiff visited the construction site in late 2023, he discovered that the reason for the constant delays and unfinished product was due to Defendants Cabo Platinum and Xxxxxxx failing to provide the services that had been promised and paid for. The excuses only snowballed from there.

The First Financial Scam: Nonexistent Homeowner Trust Accounts

and Excuses Instead of Receipts

58. Plaintiff has not signed a Property Management Agreement for Cabo Platinum or any of the Defendants to provide property management services for Villa Vegas Xxxx 2 or Villa Vegas Xxxx 3. Nevertheless, Cabo Platinum started marketing the Properties and booking guest reservations. On numerous occasions, Cabo Platinum booked reservations for the Properties at reduced and varying rates without Plaintiff’s knowledge or approval. Cabo Platinum also charged new and fluctuating commission rates for guest stays, which ranged from anywhere between 20% to 35% of the total cost of the reservation without Plaintiff’s knowledge or approval.

59. Plaintiff receives a Homeowners Ledger from Defendant Cabo Platinum that is expected to contain information relating to the current balance of his Homeowners Trust Accounts for each of his Properties. Upon information and belief, Defendants maintain complete control over the funds contained in Plaintiff’s Homeowners Trust Account, and Plaintiff does not have access to the funds in the Homeowners Trust Account. If Plaintiff seeks a distribution of the funds held in the Homeowners Trust Account, he must request that Cabo Platinum release those funds to him. Upon information and belief, the last distribution of Homeowner Funds wired from the Homeowners Trust Account to Plaintiff occurred in 2021.

60. According to the Homeowners Ledgers, hundreds of thousands of dollars were being spent on the upkeep, maintenance, and day-to-day expenses of the Properties, but no receipts were provided to Plaintiff. The monthly itemized fees include, but are not limited to: monthly landscaping maintenance fees, monthly pool services and cleaning fees, a monthly property management fee, an annual trust account fee for MONEX, and other expenses associated with the property. Defendants also charge a management commission for each reservation that a guest books for the property.

61. On several occasions, Plaintiff notified Defendant Xxxxxxx that the information contained on the Homeowners Ledgers was inaccurate because it failed to account for certain reservations or charged Plaintiff twice for the same expense. Xxxxxxx would send a revised document containing the corrected amount to appease Plaintiff, but did not provide any information regarding the funds that were actually collected from guests or the expenses that were paid with respect to the property. As Xxxxxxx demonstrated, the creation of the Homeowners Ledgers is controlled by Cabo Platinum through their software platform, but Cabo Platinum can quickly add, delete, and manipulate information in the back end of the software system to make “credits” and “debits” to the Homeowners Trust Account. Upon information and belief, no receipts, invoices, or other back up documentation are necessary to modify the information on the Homeowners Ledger, the ledger may simply be updated to include any and all information that is provided by Cabo Platinum. The Homeowners Ledgers were nothing more than an Etch A Sketch, containing information that could etched into a ledger then deleted with a quick keystroke.

62. Upon information and belief, the information contained on the Homeowners Ledgers provided to Plaintiff was false, misleading, or inaccurate. Plaintiff has been informed and believes that many of the charges identified on the Homeowners Ledgers were either significantly more than what was charged by the vendor to Cabo Platinum resulting in an overbilling for those expenses, the charges were duplicated resulting in double payments, or the charges were completely fabricated and false. For example, on multiple occasions, Plaintiff noticed he was charged for items that were never purchased, charged twice for certain items, and that he paid for services that he did not receive. Plaintiff was informed that the pool maintenance costs reflected on his Monthly Earnings Reports were inaccurate, and that the pool cleaner did not charge the amounts reflected on the statements containing his Homeowner Trust Account balance. Instead, the pool cleaner charged much less than the cost reflected on the Homeowners Ledgers. Additionally, the costs associated with household supplies are believed to cost much less than what is reflected on the Homeowners Ledgers.

The Financial Fraud Begins to Unravel

63. In March of 2024, Cabo Platinum was not able to provide any payment for Plaintiff’s mortgage on Villa Vegas Xxxx 3 because the Properties were not making anywhere near the amount of money that had been projected and promised to Plaintiff. Although the Properties were regularly hosting guests, and those guests were presumably paying for their reservations, those funds were purportedly being spent on extensive expenses associated with the Properties. The math just simply did not add up, so Plaintiff began to ask more questions.

64. On numerous occasions between 2020 and 2024, Plaintiff requested receipts, documentation regarding particular expenses, and explanations regarding certain purchases and repairs from Defendants. In response, Defendant Xxxxxxx yelled at Plaintiff—in front of friends, family members, contractors, and Defendant Cabo Platinum employees—and refused to provide any documentation. But beginning in March of 2024, Plaintiff became quite insistent that Defendants provide receipts and back up documentation reflecting the charges on his various Homeowners Accounts, ledgers, and other “accounts” with Cabo Platinum. Plaintiff asked for receipts, payment information for guests, invoices associated with fees and services, and back-up documentation for the items listed on the Homeowners Ledgers. Cabo Platinum refused to provide the information.

65. The calculations contained on the Homeowners Ledgers simply do not add up. Between 2016 through the present, the Defendants have admitted that they collected millions of dollars in funds from guests of the Plaintiff’s Properties—approximately $3,500,000 according to a declaration authored by Xxxxxx dated May 13, 2024—and those funds were believed to have been deposited into Homeowner Trust Accounts for the benefit of the Plaintiff. Since 2020, Plaintiff has wired at least $1,243,449.96 to Defendant Cabo Platinum. Plaintiff was informed that the wired funds were utilized to pay for costs associated with the Las Vegas Property’s remodel (the Design Contract) and Villa Vegas Xxxx 2’s construction costs (the VVD2 Contract). Despite over $4,700,000 in payments, the construction of Villa Vegas Xxxx 2 was not completed and Cabo Platinum was not able to pay the mortgage payments for Villa Vegas Xxxx 3 despite Xxxxxxx and Xxxxx’s representations to Plaintiff that covering the mortgage would not be an issue. Most importantly, Plaintiff has not received any evidence of the actual booking amounts charged by Defendants to guests, receipts, invoices, service charges, or other documents demonstrating the itemized charges on the Homeowners Ledgers provided to Plaintiff each month.

Mishan Admits There Are No Receipts and The Harassment Begins

66. On April 15, 2024, Plaintiff advised Defendant Xxxxxx that he was terminating the property management services offered by Defendants. Plaintiff expressed frustration by being yelled at by Defendant Xxxxxxx on multiple occasions, the incomplete construction of Villa Vegas Xxxx 2, as well as Defendants’ failure to provide any of the receipts or invoices for Villa Vegas Xxxx 1, Villa Vegas Xxxx 2, Villa Vegas Xxxx 3. In fact, Defendants failed to provide any receipts for all 3 properties for over 100 months. These receipts should have evidenced line items for repair work performed at each property. When confronted with Defendants’ failure to provide receipts, on April 15, 2024, Defendant Xxxxxx advised Plaintiff that they didn’t have receipts and “It is what it is and you will have to deal with it.”

67. On April 15, 2024, Plaintiff also sent an email requesting copies of all receipts, invoices, and other documents identified on the Monthly Earnings Reports for each of the Properties. Defendant Xxxxxxx responded to Plaintiff’s email and advised she would provide copies of the receipts in a Google Drive.

68. On April 18, 2024, Plaintiff again requested copies of all receipts, invoices, and other documents reflecting expenses that were paid for each of the Properties as well as the expenses associated with the Las Vegas Property’s remodel. Plaintiff explained that any reservations involving Villa Vegas Xxxx 2 would not be permitted unless the property was completed at least forty-eight (48) hours prior to arrival. Defendant Xxxxxxx advised Plaintiff in writing (via email) that she had “all receipts from 2016 digitized” and later (via a WhatsApp message) that she had all of Plaintiff’s receipts.

69. On or around April 18, 2024, Plaintiff advised Defendants that in order for access to his properties to be resumed, the following conditions needed to be satisfied: (1) provide all receipts; (2) all funds paid to Defendant Xxxxxxx to finish Villa Vegas Xxxx 2 (carpentry, stone and design); and (3) all funds owed from the current homeowners’ statements would be paid in full. In response, Defendant Xxxxxxx also specifically advised Plaintiff in writing that “all payments will be sent immediately” and that a 40k wire was on its way (which never arrived). Defendants failed to satisfy any of the conditions referenced above, and instead Defendant Xxxxxxx attempted to break into one of Plaintiff’s properties, resulting in the issuance of a Restraining Order against her and Defendant Xxxxxx.

70. On April 21, 2024, Defendant Xxxxxxx sent an email acknowledging that Villa Vegas Xxxx 2 was not complete and “there are valid safety concerns if the thresholds of the elevator are not complete.” Defendant Xxxxxxx advised that Defendant Cabo Platinum would “legally commit to repairing and installing what we have to do the fastest we can”—including a 30 person table, entry glass, painting, carpentry, stone, and final plumbing—but if the work could not be completed before the guest reservation on Friday, April 26, 2024, “then they should be moved to VVD3 [Villa Vegas Xxxx 3].” Defendant Xxxxxxx further stated that Plaintiff’s actions “could ruin your business as well as ours.”

71. On April 23, 2024, Xxxxxx Xxxxxxxxx, an employee of Cabo Platinum, provided a “detailed accounting” of upcoming guest reservations for each of Plaintiff’s Properties. Among other representations, Xx. Xxxxxxxxx stated:

Before I get into the accounting below, I want to clarify the term, ‘Disbursed.’ That is the word we use when we have funded your homeowner account. In essence, ‘disbursed’ means Cabo Platinum paid you. You did not receive a Wire for these funds, however they were paid to your homeowner account, which you received each month showing your balance. As you are well aware, the income you generated went to paying a lot of your expenses: mortgage (VVD1 & VVD3), design, improvements, supplies, staffing, etc. . .

[A]ll of the receipts from all ledgers (rentals, design, etc.) are currently being digitized and will be sent over promptly. It has been a beast for our team to digitalize 8years of receipts and documents, however we are almost finished and you will have everything shortly. Per your email on April 18th, titled SECOND REQUEST, you told us we had a deadline of May 1st to get you all of these receipts. Know that we have been working daily to ensure we will have all of this to you earlier than requested. . .

Between VVD1, VVD2, & VVD3 (all 3 accounts), you have a TOTAL account balance of $61,075.99 USD (you can see this on the April statements attached below). . .

For all reservations that you have been paid-in-full for, but not checked in yet, the total staffing charges (still to be charged to your account) are ($20,538.03 USD). As a reminder, we bill you for reservation staff charges on the day of check-in. . .

Therefore, the TOTAL balance for Cabo Platinum to send to you TODAY is $40,537.96 USD.

ALL other future / upcoming reservations for your three villas have not yet made their second payment. Once we receive those payments, we will wire the second half of your commission to the account you provided, minus the reservation staffing expenses, 72 hours prior to check in as per your request. I will be happy to personally email you the breakdown for each of those payments before they are sent.

72. As of the date of this Complaint, no wire payments have been made to Plaintiff for any of the guest reservations.

The Restraining Order in Mexico and Termination Proceedings

73. The following day, on April 24, 2024, CSL Platinum sent Plaintiff correspondence through its counsel in Mexico requesting Plaintiff’s compliance with the terms of the PMA and to honor reservations for upcoming guest reservations at Villa Vegas Xxxx 1, Villa Vegas Xxxx 2, and Villa Vegas Xxxx 3. The correspondence attached a copy of the PMA, and requested a response with respect to the upcoming reservations.

74. On or around April 30, 2024, Defendants Xxxxxxx and Xxxxxx went to Villa Vegas Xxxx 2 unannounced and without authorization, and entered the property by using the front gate opener that belongs to Plaintiff. The gate opener had not been returned despite the termination of the business relationship. Prior to the unauthorized entry into Plaintiff’s property, Defendant Xxxxxxx left voicemail messages to Plaintiff’s parents in Las Vegas threatening to deport Plaintiff from Mexico, and engaged in a relentless pattern of harassment. As of the date of the filing of this Complaint, Defendants have not returned the gate opener, gate keys, house keys, access codes, security controls, and other personal items in their possession that belong to Plaintiff. As a result, Plaintiff was forced to replace and reconfigure each of those items for each of his Properties.

75. Plaintiff was forced to retain counsel in Mexico to seek a restraining order against Defendants Xxxxxxx and Xxxxxx. On May 7, 2024, the Government of the State of Baja California Sur State Attorney General’s Office issued a restraining order against Xxxxxxx and Xxxxxx. The restraining order prohibits Xxxxxxx and Xxxxxx from: (1) approaching or communicating with Plaintiff; (2) attending or approaching the home of Plaintiff or the place where he is; (3) surrendering the personal belongings of the Plaintiff; (4) intimidating or annoying the Plaintiff or persons related to him; and (5) assistance of police at Plaintiff’s home relating to the restraining order. The Attorney General’s Office agreed to issue a formal letter to the head of the Directorate of Public Security, Preventative Police and Municipal Traffic to issue necessary protective instructions and measures to comply with the restraining order. Xxxxxxx and Xxxxxx were also notified of the restraining order. Both Defendants Xxxxxxx and Xxxxxx have failed to appear for these legal proceedings.

76. In June of 2024, a Termination Notice was entered by a Mexican Court terminating the business relationship between Plaintiff and Defendants Cabo Platinum and CSL Platinum pursuant to Mexican law. Upon information and belief, neither the Plaintiff nor the Defendants are contractually obligated to continue their business dealings in Mexico.

The Second Financial Scam: Cabo Platinum’s Complete Dissipation of Plaintiff’s Funds

77. After the business relationship was terminated, upon information and belief, Defendants began quickly depleting, dissipating, misappropriating, and converting the remaining funds in Plaintiff’s Homeowners Trust Account.

78. According to Plaintiff’s Homeowners Ledger for Villa Vegas Xxxx 3 between March 1, 2024, and March 31, 2024, Cabo Platinum held $235,959.46 in Plaintiff’s Homeowners Trust Account for Plaintiff; however, as of the date of this Complaint, that balance has completely dissipated.

79. Rather than provide those funds to Plaintiff—as was promised by Cabo Platinum—Cabo Platinum has informed Plaintiff that it is “deducting” alleged cancellation fees, relocation fees, and other fees relating to guest reservations that Cabo Platinum booked at Plaintiff’s Properties without his knowledge or consent. Without any evidence or receipts, Cabo Platinum claims to charge $40,000 per reservation to relocate guests to other properties based upon Cabo Platinum’s assertion that the properties are not ready and available for guests. These assertions are false, and Plaintiff has been informed by the security officers at the Homeowners’ Associations (HOA) that Cabo Platinum has not attempted to access Plaintiff’s properties since being terminated. Instead, Cabo Platinum has routinely relocated guests to properties within the same HOA and to properties situated very close to Plaintiff’s Properties. The properties that guests are relocated to are much cheaper to rent than Plaintiff’s Properties—which were valued at approximately 65% of Cabo Platinum’s business until the relationship with Plaintiff ended, and the average nightly rental cost was among the highest rates charged by Cabo Platinum for any of the rental properties in its portfolio—but despite being cheaper properties, Cabo Platinum claims it has incurred costs to relocate guests. As with all of the prior dealings with the Defendants, Plaintiff has never received any invoices, receipts, or expenses that were incurred for relocating guests to other properties and instead continues to receive Homeowners Ledgers for other homeowners.

80. Cabo Platinum, CSL Platinum, Xxxxxxx, and Xxxxxx also maintain control over Plaintiff’s personal property, including the keys to Plaintiff’s vehicle—a Jeep—as well as property manuals, keys to the properties, log-in information and codes, as well as other items associated with the Properties. Cabo Platinum, Xxxxxxx, and Xxxxxx have refused to release Plaintiff’s property without a signed agreement waiving Plaintiff’s rights.

81. Plaintiff recently learned that several local Cabo San Xxxxx agencies and operators have contacted Defendants Danette, Mishan, and Cabo Platinum to book luxury guest accommodations at Plaintiff’s Properties. Defendants Xxxxxxx, Xxxxxx, and Cabo Platinum have refused to accept reservations from other parties because, upon information and belief, they would receive a lower commission for the rental, despite representing to Plaintiff that they would take all bookings in order to ensure that Plaintiff satisfies his monthly mortgage payment ($260,000 monthly). Defendants Xxxxxxx, Xxxxxx, and Cabo Platinum did not inform Plaintiff of these prospective contracts with guests of other agencies, and did not provide Plaintiff with the ability to accept or reject the reservations.

82. Defendants have also destroyed, altered, or modified business records relevant to determine whether the information contained in the Homeowners Ledgers is true and correct. Plaintiff has recently learned of at least 2 invoices that were altered to cover-up or steal money from Plaintiff’s Homeowners Trust Account (the Ivy and Xxxxx invoices). Both invoices contain false information, were modified during the course of this litigation, and are relevant to the claims at issue in this case. Accordingly, the willful or negligent destruction of such evidence warrants the imposition of spoliation sanctions.

83. The amount of money that has been transferred, misappropriated, converted, and taken from Plaintiff’s Homeowners Trust Account between 2021 through the present is currently unknown. However, upon information and belief, Defendants, either individually or collectively, have received over $4,700,000 from Plaintiff between 2016 until the present. According to the recent Homeowners Ledgers for each of Plaintiff’s Properties, most of those funds have been completely dissipated, wasted, converted, misappropriated, diverted, or embezzled by Defendants.

Vegas Xxxx Trademark

84. Vegas Xxxx Consulting, LLC, Plaintiff’s Nevada limited liability company, is the owner of a registered trademark for “VEGAS XXXX” (the “Trademark”). Vegas Xxxx Consulting, LLC has transferred, conveyed, and assigned its rights to the Trademark to Plaintiff any and all claims, rights, causes of action, privileges, damages, and potential recovery of interests related to the harm suffered and described herein.

85. The Trademark was registered with the United States Patent and Trademark Office (USPTO) on October 10, 2017, and bears Registration Number 5,305,777. According to the Registration of the Trademark, the “name(s), portrait(s), and/or signature(s)” shown in the Trademark identifies Plaintiff.

86. Registration of the Trademark provides Plaintiff with the exclusive right to use the Trademark relating to entertainment services, and more specifically providing information about gambling and sporting events.

87. Without permission, Defendants Cabo Platinum, Platinum Life, Xxxxxxx, and Xxxxxx continue to use the Trademark to market Plaintiff’s properties with links and references to “Villa Vegas Xxxx” and “Villas Like Villa Vegas Xxxx 1 2 3” in order to divert potential customers to their website.

88. On June 6, 2024, Plaintiff sent correspondence to Cabo Platinum’s counsel requesting that Cabo Platinum cease and desist from continuing to market his properties.

89. As of the date of this Complaint, Cabo Platinum continues to use the Trademark without authorization.

ALTER EGO ALLEGATIONS

90. Defendants Cabo Platinum, CSL Platinum, and Platinum Life (the “Platinum Defendants”) are influenced and governed by Defendants Xxxxxxx and Xxxxxx; who are asserted and alleged to be their alter ego.

91. Upon information and belief, this is evident given Defendants Xxxxxxx and Xxxxxx are the current and former managing members of the Platinum Defendants, and they are the only individuals that derive any benefit from the Platinum Defendants.

92. There is a unity of interest and ownership such that the Platinum Defendants, Xxxxxxx, and Xxxxxx are inseparable from another; the existence of the Platinum Defendants is only for Xxxxxxx’s and Xxxxxx’x personal benefit.

93. Any monies directed to the Platinum Defendants are commingled with monies from Defendants Xxxxxxx and Xxxxxx such that there is no distinction or difference between the funds of the Platinum Defendants, Xxxxxxx, and Xxxxxx.

94. The facts are such that adherence to the corporate fiction of a separate entity under the circumstances would sanction a fraud or promote injustice; and recognizing the separate corporate existence, would bring about an inequitable result is sufficient for the claim to lie.

REVERSE VEIL PEIRCING ALLEGATIONS

95. Defendants Cabo Platinum, CSL Platinum, and Platinum Life (the “Platinum Defendants”) are influenced and governed by Defendants Xxxxxxx and Xxxxxx; who are asserted and alleged to be their alter ego.

96. There is a unity of interest and ownership such that the Platinum Defendants, Xxxxxxx, and Xxxxxx are inseparable from another; the existence of the Platinum Defendants is only for Xxxxxxx’s and Xxxxxx’x personal benefit.

97. Any monies directed to the Platinum Defendants are commingled with monies from Defendants Xxxxxxx and Xxxxxx such that there is no distinction or difference between the funds of the Platinum Defendants, Xxxxxxx, and Xxxxxx.

98. The facts are such that adherence to the corporate fiction of a separate entity under the circumstances would sanction a fraud or promote injustice; and recognizing the separate corporate existence, would bring about an inequitable result is sufficient for the claim to lie.

99. The facts are such that adherence to the corporate fiction of a separate entity under the circumstance would promote injustice, and recognizing the separate corporate existence would bring about an inequitable result is sufficient for reverse veil piercing to lie.

FIRST CAUSE OF ACTION

(Breach of Fiduciary Duty Against Cabo Platinum)

100. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 99, and incorporates the same herein by reference, as though fully set forth herein.

101. Defendant Cabo Platinum owed fiduciary duties to Plaintiff arising from Cabo Platinum’s agreement to hold Plaintiff’s funds, establish Homeowner Trust Accounts, disburse Homeowner Funds, and based upon Cabo Platinum’s entrusted position as a manager of properties located in Mexico. The funds in these Homeowners Trust Accounts are, in fact, as indicated above, directed and controlled by Cabo Platinum and its subsidiaries, affiliates, or related entities that are directed and controlled by Xxxxxxx and Xxxxxx. Cabo Platinum, Xxxxxxx, and Xxxxxx have actual and/or constructive knowledge of the circumstances of the wrongdoing committed by the other defendants including, in particular, using the fiduciary assets of Plaintiff for improper purposes as set forth herein. The acceptance and use of the fiduciary funds of Plaintiff under the circumstances described herein amounted to an acceptance by Cabo Platinum and its subsidiaries, affiliates, or related entities that are directed and controlled by the Managers, including Xxxxxxx and Xxxxxx, of those assets subject to the pre-existing fiduciary relationship between Cabo Platinum and the beneficiaries of the affected fiduciary accounts. Cabo Platinum did not consider the best interests of Plaintiff, the beneficiary of the fiduciary account(s), did not provide an accounting of all expenses related to the trust accounts, and unjustly benefited from the Plaintiff.

102. Each month, Cabo Platinum and its subsidiaries, affiliates, or related entities provided a “ledger” containing the expenses associated with the Properties. Significantly, at no time did the Homeowners Ledger documents disclose clearly to a co-fiduciary, a beneficiary or other person interested in the affected fiduciary accounts the true additional direct and indirect expenses taken from the Homeowners Funds they were being asked to approve. In fulfillment of Cabo Platinum’s fiduciary responsibilities, Cabo Platinum and its subsidiaries, affiliates, or related entities that are directed and controlled by Xxxxxxx and Xxxxxx, failed to make any efforts to ensure the Plaintiff understood the profits and expenses contained on the Homeowners Ledgers and how the Homeowners Funds and other fiduciary accounts would end up paying substantially more for property management, interior design, and related services the Defendants provided to Plaintiff.

103. Upon information and belief, Xxxx Platinum’s decision to charge unjustified and unsubstantiated expenses to Plaintiff without proper documentation, without an accounting, and without approval was motivated not by the interests of Plaintiff, but by Cabo Platinum’s desire to generate fees for itself and its affiliates and, as well as, to reduce the company’s operating expenses, all of which as carried out in the manner described above, was wrongful and damaged Plaintiff.

104. Defendant Cabo Platinum breached its fiduciary duties to Plaintiff by failing to provide accurate accounting of expenses associated with the Homeowners Trust Accounts and reflected on the Homeowners Ledgers, overpaying for services associated with the management of the Properties, failing to provide receipts and releases relating to any repairs or other work performed at the Properties, failing to administer the fiduciary assets in the Homeowners Trust Accounts in the best interests of the Plaintiff, failing to administer the Homeowner Funds in the best interests of the Plaintiff, refusing to provide receipts despite requests for documentation, disbursing funds without communicating all material facts in connection with those disbursements, among others. Cabo Platinum placed its own interests, along with the interests of its affiliates and the other Defendants, before the interests of Plaintiff.

105. As a direct and proximate result of Defendant Cabo Platinum’s breaches of fiduciary duties, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

SECOND CAUSE OF ACTION

(Aiding and Abetting Breach of Fiduciary Duty Against

CSL Platinum, Platinum Life, Xxxxxx, and Xxxxxxx)

106. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 105, and incorporates the same herein by reference, as though fully set forth herein.

107. Defendant Cabo Platinum owed fiduciary duties to Plaintiff and breached those fiduciary duties as discussed herein.

108. Defendants CSL Platinum, Platinum Life, Xxxxxx, and Xxxxxxx knowingly and substantially participated in or encouraged Cabo Platinum to breach its fiduciary duties to Plaintiff. Given the intertwined relationship among the defendants with respect to the control and distribution of assets of the fiduciary accounts of Plaintiff, the knowledge of each of them as to how and why the fiduciary funds were being utilized each defendant was and/or is a fiduciary and/or acted in furtherance of Cabo Platinum’s fiduciary responsibilities. Defendants CSL Platinum, Platinum Life, and, in particular, Defendants Xxxxxx and Xxxxxxx, knew or should have known that they were assisting Cabo Platinum in breaching its fiduciary duties to Plaintiff and knew as well, that they could not reasonably and responsibly oversee the Properties entrusted to their care without producing copies of invoices, receipts, repair records, logs, or other back-up documentation regarding expenses associated with the purported expenses associated with the Properties. However, the Defendants did not segregate the funds for each of the Plaintiff, and decided to utilize the assets within its control and within the control, including the Homeowner Funds, to fund the business expenditures of the Defendants and the lavish lifestyles of Xxxxxxx and Xxxxxx.

109. Each of these Defendants aided and abetted Cabo Platinum in its own breaches of fiduciary by, inter alia, facilitating the transactions described herein and failing to disclose all material facts with respect thereto to the beneficiaries of the affected fiduciary accounts.

110. As a direct and proximate result of the aiding and abetting of Defendant Cabo Platinum’s breaches of fiduciary duties, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

111. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

THIRD CAUSE OF ACTION

(Conversion Against Cabo Platinum)

112. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 111, and incorporates the same herein by reference, as though fully set forth herein.

113. Defendant Cabo Platinum committed distinct acts of dominion wrongfully exerted over the Homeowners Trust Accounts, the Homeowners Funds, and the personal property of Plaintiff, including profits associated with the Properties, funds collected for the benefit of Plaintiff and held in trust by Cabo Platinum, as well as numerous other personal property and items entrusted to Cabo Platinum.

114. Defendant Cabo Platinum maintained complete control, possession, and direction over the Homeowners Trust Accounts and Homeowners Funds, and used those funds for its own benefit or for the benefit of its Managers or affiliated entities, including CSL Platinum and Platinum Design.

115. Defendant Cabo Platinum’s actions were in denial of, or inconsistent with, Plaintiff’s title or rights therein.

116. The actions of Cabo Platinum were in derogation, exclusion, or defiance of Plaintiff’s title or rights in the personal property.

117. As a direct and proximate result of Cabo Platinum’s conversion, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

118. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

FOURTH CAUSE OF ACTION

(Unjust Enrichment Against Cabo Platinum)

119. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 118, and incorporates the same herein by reference, as though fully set forth herein.

120. Cabo Platinum unjustly retained the money and property of Plaintiff against fundamental principles of justice or equity and good conscience, including but not limited to the retention of profits associated with the Properties, thereby enriching themselves at the expense of Plaintiff. Cabo Platinum has enriched itself, the Managers, CSL Platinum and Platinum Life, by charging unjustified and unsubstantiated fees, expenses, and other charges associated with the management of the Properties.

121. Cabo Platinum has similarly enriched itself, the Managers, CSL Platinum and Platinum Life, and its subsidiaries and affiliates, by using information, registered Trademarks, photographs of the Properties and other images to market various goods and services from which products and services they have been unjustly enriched.

122. Cabo Platinum has similarly enriched itself by not making timely “credits” to the Homeowners Trust Accounts of the amounts paid by guests to Plaintiff and failing to credit the affected Homeowners Trust Accounts with full payment for the guest reservation. As a result, Cabo Platinum enriched itself with commission fees, service fees, and other expenses associated with its services to the detriment of Plaintiff.

123. Cabo Platinum should be compelled to disgorge into a common fund for the benefit of Plaintiff all unlawful or inequitable proceeds received by it because of its misconduct.

124. As a direct and proximate result of Cabo Platinum’s unjust enrichment, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

125. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

FIFTH CAUSE OF ACTION

(Breach of Contract Against CSL Platinum – PMA)

126. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 125, and incorporates the same herein by reference, as though fully set forth herein.

127. Plaintiff entered into a valid and enforceable contract with CSL Platinum for the property management services associated with Villa Vegas Xxxx 1 (the “PMA”).

128. Plaintiff performed or was excused from performing under the PMA, and satisfied all conditions precedent to the PMA.

129. Defendant CSL Platinum breached the PMA by failing to obtain Plaintiff’s approval before making repairs to the property, failing to provide receipts, invoices, back-up documentation as was required by the PMA, assigning or delegating its responsibilities under the PMA to Cabo Platinum, and refusing to provide any documentation regarding the properties until after Plaintiff signed an agreement waiving his rights to the properties.

130. As a direct and proximate result of CSL Platinum’s material breaches of the PMA, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

131. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

SIXTH CAUSE OF ACTION

(Breach of Contract Against Cabo Platinum – Management Contract)

132. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 131, and incorporates the same herein by reference, as though fully set forth herein.

133. Plaintiff entered into a valid and enforceable contract with Cabo Platinum for the property management services associated with Villa Vegas Xxxx 1 (the “Management Contract”). The Management Contract obligated Cabo Platinum to provide property management services to Plaintiff, which included, but was not limited to, providing detailed accounting of all expenses associated with Villa Vegas Xxxx 1, providing receipts, invoices, and back-up documentation for all expenses, obtaining authorization before making any repairs to the property, and ensuring all bills, taxes, trust fees, and other day-to-day expenses were paid to the appropriate authorities. In exchange, Cabo Platinum would market the Properties on its website, charge fees and a commission for its services, and obtain guest bookings from vacationers interested in renting one of the Properties. Cabo Platinum and its predecessors accepted funds from guests and purportedly placed those funds into a Homeowners Trust Account for the benefit of Plaintiff.

134. Plaintiff performed or was excused from performing under the Management Agreement, and satisfied all conditions precedent to the Management Agreement.

135. Cabo Platinum breached the Management Contract by: (1) failing to provide receipts for the maintenance provided to the Properties; (2) failing to obtain written consent from Plaintiff before performing repairs and purchasing supplies for the repairs; and (3) failing to produce receipts and invoices for expenses associated with the properties upon request.

136. As a direct and proximate result of Cabo Platinum’s material breaches of the Management Contract, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

137. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

SEVENTH CAUSE OF ACTION

(Breach of Contract Against Cabo Platinum – VVD2 Design Contract)

138. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 137, and incorporates the same herein by reference, as though fully set forth herein.

139. Plaintiff entered into a valid and enforceable contract with Cabo Platinum for the interior design of Villa Vegas Xxxx 2 (the “VVD2 Design Contract”).

140. Plaintiff performed or was excused from performing under the VVD2 Design Contract, and satisfied all conditions precedent to the VVD2 Design Contract.

141. Defendant Cabo Platinum breached the VVD2 Design Contract by failing to obtain Plaintiff’s approval before ordering furniture, failing to provide receipts, invoices, back-up documentation as was required by the VVD2 Design Contract, and refusing to provide any documentation regarding the payment of subcontractors.

142. As a direct and proximate result of Cabo Platinum’s material breaches of the VVD2 Design Contract, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

143. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

EIGHTH CAUSE OF ACTION

(Breach of Contract Against Cabo Platinum – Implied Management Contract)

144. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 144, and incorporates the same herein by reference, as though fully set forth herein.

145. Plaintiff entered into a valid and enforceable contract with Cabo Platinum for the property management services associated with Villa Vegas Xxxx 2 and Villa Vegas Xxxx 3 based upon the course of conduct between the parties arising from the PMA and the Management Contract (the “Implied Management Contract”).

146. Plaintiff performed or was excused from performing under the Implied Management Contract, and satisfied all conditions precedent to the Management Contract.

147. Defendant Cabo Platinum breached the Management Contract by failing to obtain Plaintiff’s approval before making repairs to the property, failing to provide receipts, invoices, back-up documentation as was required by the Implied Management Contract, and refusing to provide any documentation regarding the properties until after Plaintiff signed an agreement waiving his rights to the properties.

148. As a direct and proximate result of Cabo Platinum’s material breaches of the Implied Management Contract, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

149. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

NINTH CAUSE OF ACTION

(Breach of Contract Against Cabo Platinum – Las Vegas Property Design Contract)

150. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 149, and incorporates the same herein by reference, as though fully set forth herein.

151. Plaintiff entered into a written contract with Cabo Platinum for the interior design of the Las Vegas Property (the “Design Contract”). Plaintiff believed the Design Contract to valid and enforceable.

152. Plaintiff performed or was excused from performing under the Design Contract, and satisfied all conditions precedent to the Design Contract.

153. Defendant Cabo Platinum breached the Design Contract by exceeding the maximum budget for the project of $350,000, failing to obtain Plaintiff’s approval before ordering furniture, failing to provide receipts, invoices, back-up documentation as was required by the Design Contract, and refusing to provide any documentation regarding the remodel costs despite repeated requests from Plaintiff.

154. As a direct and proximate result of Cabo Platinum’s material breaches of the Design Contract, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

155. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

TENTH CAUSE OF ACTION

(Breach of Contract Against Cabo Platinum, Xxxxxxx, and Xxxxxx – VVD3 Repair Contract)

156. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 155, and incorporates the same herein by reference, as though fully set forth herein.

157. Plaintiff entered into a valid and enforceable contract with Cabo Platinum, Xxxxxxx, and Xxxxxx for those Defendants to provide repairs to Villa Vegas Xxxx 3 (the “Repair Contract”).

158. Plaintiff performed or was excused from performing under the Repair Contract, and satisfied all conditions precedent to the Repair Contract.

159. Defendants Cabo Platinum, Xxxxxxx, and Xxxxxx breached the Repair Contract by failing to make repairs to Villa Vegas Xxxx 3 as required by the Repair Contract to ensure the property was rentable to guests.

160. As a direct and proximate result of Defendants material breaches of the Repair Contract, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

161. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

ELEVENTH CAUSE OF ACTION

(Breach of the Implied Covenant of Good Faith and Fair Dealing Against CSL Platinum)

162. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 161, and incorporates the same herein by reference, as though fully set forth herein.

163. In Nevada, every contract contains an implied covenant of good faith and fair dealing.

164. CSL Platinum contractually and tortiously breached the implied covenant of good faith and fair dealing.

165. CSL Platinum contractually breached the implied covenant of good faith and fair dealing by deliberately contravene the spirit and intention of the PMA, performing the PMA in a manner that was unfaithful to the purpose of the contract, and the justified expectations of Plaintiff were denied.

166. CSL Platinum tortiously breached the implied covenant of good faith and fair dealing because a special relationship exists between CSL Platinum, on the one hand, and Plaintiff, on the other hand, because Plaintiff entrusted his Properties, profits from the Properties, and the maintenance of the Properties located in Los Cabos, Mexico to CSL Platinum; CSL Platinum had vastly superior knowledge of the property management and services undertaken at the Properties; and because CSL Platinum had all direct communications with guests and entities that reserved Plaintiff’s Properties through Defendant Cabo Platinum’s website. Plaintiff was not apprised of reservations, was not provided with an opportunity to accept or reject reservations, and was not consulted regarding any repairs, modifications, or maintenance at the Properties. CSL Platinum, as an agent of Cabo Platinum, Xxxxxxx, and Xxxxxx, was in a trusted and fiduciary relationship with Plaintiff and oversaw all aspects of the generation of profits associated with the Properties, while at the same time, refusing or failing to produce any receipts or other documentation of the fees, expenses, repairs, furniture, and other refurbishments provided to the Properties.

167. As a direct and proximate result of CSL Platinum’s material breaches of the PMA, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

168. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

TWELFTH CAUSE OF ACTION

(Breach of the Implied Covenant of Good Faith and Fair Dealing Against Cabo Platinum)

169. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 168, and incorporates the same herein by reference, as though fully set forth herein.

170. In Nevada, every contract contains an implied covenant of good faith and fair dealing.

171. Cabo Platinum contractually and tortiously breached the implied covenant of good faith and fair dealing.

172. Cabo Platinum contractually breached the implied covenant of good faith and fair dealing by deliberately contravene the spirit and intention of the Management Agreement, Design Contract, VVD2 Design Contract, the Repair Contract (the “Cabo Platinum Contracts”) by performing the Cabo Platinum Contracts in a manner that was unfaithful to the purpose of the contract, and the justified expectations of Plaintiff were denied.

173. Cabo Platinum tortiously breached the implied covenant of good faith and fair dealing because a special relationship exists between Cabo Platinum, on the one hand, and Plaintiff, on the other hand, because Plaintiff entrusted his Properties, profits from the Properties, and the maintenance of the Properties located in Los Cabos, Mexico to Cabo Platinum; Cabo Platinum had vastly superior knowledge of the property management and services undertaken at the Properties; and because Cabo Platinum had all direct communications with guests and entities that reserved Plaintiff’s Properties through Defendant Cabo Platinum’s website. Plaintiff was not apprised of reservations, was not provided with an opportunity to accept or reject reservations, and was not consulted regarding any repairs, modifications, or maintenance at the Properties. Cabo Platinum was in a trusted and fiduciary relationship with Plaintiff and oversaw all aspects of the generation of profits associated with the Properties, while at the same time, refusing or failing to produce any receipts or other documentation of the fees, expenses, repairs, furniture, and other refurbishments provided to the Properties.

174. As a direct and proximate result of Cabo Platinum’s material breaches of the Cabo Platinum Contracts, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

175. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

THIRTEENTH CAUSE OF ACTION

(Breach of the Implied Covenant of Good Faith and Fair Dealing Against Xxxxxxx)

176. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 175, and incorporates the same herein by reference, as though fully set forth herein.

177. A special or confidential relationship exists between Xxxxxxx, on the one hand, and Plaintiff, on the other hand, because Plaintiff had a close relationship with Xxxxxxx and entrusted his Properties located in Los Cabos, Mexico to Danette; Xxxxxxx had vastly superior knowledge of the property management and services undertaken at the Properties; Xxxxxxx lived in Los Cabos, Mexico and was able to respond to issues at the Properties more quickly than Plaintiff; and Xxxxxxx had extensive connections within the local Los Cabos, Mexico community. Through the years of friendship, Xxxxxxx gained the confidence of Plaintiff and purported to act or advise with Plaintiff’s interests in mind.

178. Xxxxxxx owed a duty to Plaintiff requiring her to act in good faith and with due regard to the interests of Plaintiff.

179. Xxxxxxx tortiously breached the implied covenant of good faith and fair dealing by turning down rental opportunities at the Properties because she would receive a smaller commission for the rental, threatening Plaintiff and yelling when he asked for receipts and other documentation reflecting the fees, expenses, and charges reflected on the Homeowner Ledgers, authorizing additional construction to Villa Vegas Xxxx 2 that was not within the scope of the original construction contract that has caused structural harm to the home, failing to make repairs to Villa Vegas Xxxx 3 despite promises to do so in exchange (in part) for Xxxxxxx’s free rental of the home, threatening Plaintiff and his parents with legal proceedings and deportation to force Plaintiff’s compliance with her requests, and acting in bad faith and without due regard to the interests of Plaintiff.

180. As a direct and proximate result of Xxxxxxx’s conduct, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

181. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

FOURTEENTH CAUSE OF ACTION

(Breach of the Implied Covenant of Good Faith and Fair Dealing Against Xxxxxx)

182. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 181, and incorporates the same herein by reference, as though fully set forth herein.

183. A special or confidential relationship exists between Xxxxxx, on the one hand, and Plaintiff, on the other hand, because Plaintiff had a close relationship with Xxxxxx and entrusted Xxxxxx to provide counsel and advice regarding real estate transactions in Los Cabos, Mexico; Xxxxxx had vastly superior knowledge of the real estate laws, brokerage, and sale of properties located in Los Cabos, Mexico and purported to be a licensed real estate broker; Xxxxxx lived in Los Cabos, Mexico and was able to perform due diligence upon the Properties; and Xxxxxx had extensive connections within the local Los Cabos, Mexico community. Through the years of friendship, Xxxxxx gained the confidence of Plaintiff and purported to act or advise with Plaintiff’s interests in mind.

184. Xxxxxx owed a duty to Plaintiff requiring him to act in good faith and with due regard to the interests of Plaintiff.

185. Xxxxxx tortiously breached the implied covenant of good faith and fair dealing by encouraging Plaintiff to hire a contractor, Proyect, for Villa Vegas Xxxx 2 that was under the control and direction of Xxxxxx. Xxxxxx failed to perform due diligence upon Villa Vegas Xxxx 3, failed to conduct an inspection of the property before its purchase, and encouraged Plaintiff to purchase the property. When it was discovered that Villa Vegas Xxxx 3 required extensive repairs and refurbishments to be rentable to guest, Xxxxxx agreed to perform repairs to the property but never completed those repairs. Xxxxxx acted in bad faith and without due regard to the interests of Plaintiff.

186. As a direct and proximate result of Xxxxxx’x material breaches of the Agreements, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

187. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

FIFTEENTH CAUSE OF ACTION

(Fraudulent Misrepresentation Against Defendant Cabo Platinum)

188. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 187, and incorporates the same herein by reference, as though fully set forth herein.

189. On April 23, 2024, Cabo Platinum stated in an email communication to Plaintiff that the “TOTAL balance for Cabo Platinum to send to you TODAY is $40,537.96 USD.” This statement was false, and no money was sent to Plaintiff on that date.

190. Cabo Platinum knew this representation was false or knew the representation was not supported by a sufficient basis for making the representation because it intended to initiate legal proceedings in Mexico the following day by and through its agent, CSL Platinum, and because it had already revoked Plaintiff’s access to the Homeowners Ledgers available on its website.

191. Cabo Platinum omitted facts that it was bound to disclose, including the revocation of Plaintiff’s access to the Homeowners Ledgers and homeowner’s portal on Cabo Platinum’s website, and the dissipation of the funds contained in Plaintiff’s Homeowners Accounts to pay Cabo Platinum, its affiliated entities, and its Managers.

192. Cabo Platinum’s acts, statements, and omissions were intended to induce Plaintiff to continue property management services with Cabo Platinum.

193. Plaintiff justifiably relied upon Cabo Platinum’s misrepresentation and believed the funds would be wired to his account. Instead, Cabo Platinum’s owners retained the gate openers, access codes, keys, and other information necessary to access Plaintiff’s Properties and used those items to break into and enter Villa Vegas Xxxx 2 without authorization a week later on April 30, 2024.

194. As a direct and proximate result of Plaintiff’s reliance upon Cabo Platinum’s misrepresentation, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

195. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

SIXTEENTH CAUSE OF ACTION

(Negligent Misrepresentation Against Defendant Cabo Platinum)

196. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 195, and incorporates the same herein by reference, as though fully set forth herein.

197. Cabo Platinum, in the course of its businesses, profession, or employment, supplied false information to Plaintiff for the guidance of Plaintiff relating to the property management fees and costs associated with the Properties. For example, on April 23, 2024, Cabo Platinum stated in an email communication to Plaintiff that the “TOTAL balance for Cabo Platinum to send to you TODAY is $40,537.96 USD.” This statement was false, and no money was sent to Plaintiff on that date. Cabo Platinum knew this representation was false or knew the representation was not supported by a sufficient basis for making the representation because it intended to initiate legal proceedings in Mexico the following day by and through its agent, CSL Platinum, and because it had already revoked Plaintiff’s access to the Homeowners Ledgers available on its website.

198. Similarly, Cabo Platinum knew the representations contained on the Homeowner Ledgers regarding fees, expenses, commissions, and other “credits” and “debits” to Plaintiff’s Homeowners Trust Account were false or knew the representations were not supported by a sufficient basis for making the representation because, as Xxxxxx admitted on April 15, 2024, Cabo Platinum did not have copies of the receipts and other back-up documentation that Plaintiff requested.

199. To the extent documents exist and have not been destroyed or fabricated, Defendants Cabo Platinum, Xxxxxxx, and Xxxxxx have custody, control, and possession of the documents necessary to establish the itemized charges reflected in the Homeowners Ledgers were false. Plaintiff is unable to plead with more particularity because the information is in Cabo Platinum’s, Xxxxxxx’s, and Xxxxxx’x possession, and requests leave of the Court to conduct discovery on those documents and amend the allegations to conform to the discoverable evidence. See Rocker, 000 Xxx. at 1195, 148 P.3d at 709.

200. Plaintiff justifiably relied upon the statements contained on the Homeowners Ledgers to his detriment.

201. Cabo Platinum failed to exercise reasonable care or competence in obtaining and communicating the information to Plaintiff.

202. As a direct and proximate result of Plaintiff’s reliance upon Defendants’ misrepresentations, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

203. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

SEVENTEENTH CAUSE OF ACTION

(Deceptive Trade Practices Against Cabo Platinum)

204. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 203, and incorporates the same herein by reference, as though fully set forth herein.

205. Under NRS 598.0923(1)(a), a person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she knowingly conducts the business or occupation without all required state, county or city licenses.

206. Under NRS 645.230(1)(b), it is unlawful for any limited-liability company to engage in the business of, act in the capacity of, advertise or assume to act as a property manager within the State of Nevada “without first obtaining from the Real Estate Division as provided for in this chapter a license as a real estate broker, real estate broker-salesperson or real estate salesperson and a permit to engage in property management.”

207. NRS 645.019 defines “property management” as the “physical, administrative or financial maintenance and management of real property, or the supervision of such activities for a fee, commission or other compensation or valuable consideration, pursuant to a property management agreement.” NRS 645.0192 defines a “property management agreement” as “a written contract between a client and a broker in which the broker agrees to accept valuable consideration from the client or another person for providing property management for the client.”

208. Action may also be taken against any individual or limited-liability offering real estate for sale or lease “without the knowledge and consent of the owner or the owner’s authorized agent or on terms other than those authorized by the owner or the owner’s authorized agent.” NRS 645.635(1). NRS 645.020 defines “real estate” as “every interest or estate in real property including but not limited to freeholds, leaseholds and interests in condominiums, town houses or planned unit developments, whether corporeal or incorporeal, and whether the real property is situated in this State or elsewhere.”

209. Cabo Platinum is a Nevada limited-liability company that provides property management services to homeowners, but does not maintain any of the appropriate permits or licensure under the laws of the State of Nevada to provide property management services.

210. None of the employees, agents, or officers of Cabo Platinum are real estate brokers authorized to perform property management services.

211. Plaintiff has not executed a property management agreement with Cabo Platinum that complies with the requirements of NRS 645.0192.

212. Cabo Platinum has also offered Plaintiff’s Properties for rent without Plaintiff’s knowledge and consent, or upon the terms authorized by Plaintiff.

213. NRS 41.600 vests Plaintiff with a private right of action to pursue civil redress for a deceptive trade practice set forth in NRS 598.0915.

214. Plaintiff is further entitled to recover from Cabo Platinum the damages it has sustained and will sustain, and any gains, profits and advantages unfairly obtained by Cabo Platinum as a result of Cabo Platinum’s deceptive trade practices. At present, the amount of such damages, gains, profits, and advantages cannot be fully ascertained by Plaintiff.

215. As a direct and proximate result of Cabo Platinum’s deceptive trade practices, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

216. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

EIGHTEENTH CAUSE OF ACTION

(Deceptive Trade Practices Against Cabo Platinum, Platinum Life, Xxxxxx, and Xxxxxxx)

217. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 216, and incorporates the same herein by reference, as though fully set forth herein.

218. Under NRS 598.0923(1)(a), a person engages in a “deceptive trade practice” when in the course of his or her business or occupation he or she knowingly conducts the business or occupation without all required state, county or city licenses.

219. Under NRS 623.180(1)(c), no person (or entity) may practice as a registered interior designer “without having a certificate of registration issued to him or her pursuant to the provisions of this chapter.”

220. Cabo Platinum is a Nevada limited-liability company that provides interior design services to homeowners in Nevada as well as in Los Cabos, Mexico, but does not maintain any of the appropriate permits or licensure under the laws of the State of Nevada to provide interior design services.

221. Platinum Life purports to be a company that provides interior design services to homeowners in Nevada as well as in Los Cabos, Mexico, but does not maintain any of the appropriate permits or licensure under the laws of the State of Nevada to provide interior design services.

222. Xxxxxx and Xxxxxxx do not maintain any of the appropriate permits or licensure under the laws of the State of Nevada to provide interior design services.

223. None of the employees, agents, or officers of Cabo Platinum are registered interior designers authorized to perform interior design services. Similarly, none of the employees, agents, or officers of Platinum Life are registered interior designers authorized to perform interior design services.

224. Plaintiff has not executed an interior design agreement with either Cabo Platinum or Platinum Life that complies with the requirements of NRS 623.325.

225. NRS 41.600 vests Plaintiff with a private right of action to pursue civil redress for a deceptive trade practice set forth in NRS 598.0915.

226. Plaintiff is further entitled to recover from Cabo Platinum and Platinum Life the damages he has sustained and will sustain, and any gains, profits and advantages unfairly obtained by Cabo Platinum and Platinum Life as a result of Cabo Platinum’s and Platinum Life’s deceptive trade practices. At present, the amount of such damages, gains, profits, and advantages cannot be fully ascertained by Plaintiff.

227. As a direct and proximate result of Cabo Platinum’s and Platinum Life’s deceptive trade practices, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

228. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

NINTEENTH CAUSE OF ACTION

(Trademark Dilution Against Defendants Cabo Platinum,

Platinum Life, Xxxxxxx, and Xxxxxx)

229. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 228, and incorporates the same herein by reference, as though fully set forth herein.

230. The Trademark is a “Mark” as defined by NRS 600.260.

231. The Trademark has become famous in the State of Nevada within the meaning of NRS 600.435, inasmuch as:

     1. The Trademark is suggestive of the high-quality goods and services provided by Plaintiff in Plaintiff’s business or have achieved secondary meaning through advertising and long use, and, therefore, the Trademark is inherently distinctive within the State of Nevada, and throughout the nation;

     2. Plaintiff has continuously used the Trademark in connection with advertising;

     3. Plaintiff has extensively and continuously promoted its business using the Trademark within the State of Nevada and throughout the United States since 2017;

     4. The degree of recognition of the Trademark in connection with Plaintiff is extremely high among consumers located in the State of Nevada, and nationally as well; and

     5. The Trademark is registered with the United States Patent and Trademark Office.

232. By virtue of its prevalent use, Plaintiff has established valuable goodwill in the Trademark as used in connection with firearm and ammunition services through the State of Nevada and the United States, prior to the unauthorized use of the Trademark by Defendants Cabo Platinum, Platinum Life, Mishan, and Xxxxxxx.

233. Defendants used the Trademark without expressed permission from Plaintiff.

234. Plaintiff is informed and believes, that Defendants currently use the Trademark to market luxury vacation rentals.

235. Defendants owed a duty to Plaintiff to exercise reasonable care and not violate Plaintiff’s trademark rights. Defendants knew or reasonably should have known, that Plaintiff would suffer damages if Defendants used the Trademark without Plaintiff’s express permission.

236. Plaintiff is informed and believes, and thereon alleges, that Defendants breached their duty of care owed to Plaintiff by using the Trademark without Plaintiff’s express permission.

237. Plaintiff is informed and believes, and thereon alleges, that Defendants knew or should have known, that Plaintiff would suffer damages if they failed to obtain Plaintiff’s express permission to use the Trademark.

238. Defendants’ use of the Trademark is solely for profit.

239. Defendants’ use of the Trademark dilutes the quality of the Trademark by diminishing the capacity of the Trademark to identify and distinguish Plaintiff’s goods and services.

240. Defendants’ use of the Trademark is likely to deceive, confuse, and mislead consumers and the general public into believing that Defendants are the authorized holder of the Trademark and somehow affiliated with or endorsed by Plaintiff, when they are not.

241. Defendants’ commercial use of the Trademark has, at all time, been intentionally and willfully designed to dilute the distinctiveness of the Trademark.

242. As a direct and proximate result of Defendants’ Trademark dilution, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

243. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

244. As a direct and proximate result of Defendants’ negligent conduct, Plaintiff has been damaged in an amount exceeding Fifteen Thousand Dollars ($15,000.00), which includes, but is not limited to, damages related to reputational damages, incidental and consequential damages and costs associated with Defendants’ unauthorized and impermissible use of the Trademark.

TWENTIETH CAUSE OF ACTION

(Money Had And Received Against Defendants)

245. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 244, and incorporates the same herein by reference, as though fully set forth herein.

246. Defendants had and received money from Plaintiff, either directly through a payment made by Plaintiff to one of the Defendants or indirectly through a payment from a guest that vacationed at one of Plaintiff’s Properties.

247. Defendants ought in equity and good conscience to pay over the money had and received.

248. As a direct and proximate result of Defendants’ conduct, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

249. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

TWENTY-FIRST CAUSE OF ACTION

(Declaratory Relief Against Cabo Platinum)

250. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 249, and incorporates the same herein by reference, as though fully set forth herein.

251. A judiciable controversy exists with respect to whether Cabo Platinum, a nonsignatory to the PMA, is bound by the terms of the PMA. Cabo Platinum asserts that it is not bound by the PMA because the PMA was signed in 2016 and Cabo Platinum was not organized under the laws of Nevada until 2019. Plaintiff asserts that Cabo Platinum is bound by the terms of the PMA because: (1) Cabo Platinum was assigned and assumed the duties, responsibilities, and obligations under the PMA by CSL Platinum; (2) Cabo Platinum was and is an agent of CSL Platinum; (3) Cabo Platinum was incorporated into the PMA by reference and received substantial benefits from the PMA because all of the payments were directed to its account(s); (4) that Cabo Platinum is the alter ego of Mishan and Xxxxxxx, and Xxxxxxx has already acknowledged the PMA is the “original management contract” relating to the property management services provided to Plaintiff’s Properties; and (5) Cabo Platinum is estopped from asserting it is not bound by the PMA because it is availing itself to the favorable provisions of the PMA but also attempting to reject the unfavorable provisions.

252. The controversy is between two parties whose interests are adverse: Plaintiff and Cabo Platinum.

253. Plaintiff has a legally protectable interest in the controversy under the terms of the PMA.

254. The issue is ripe for judicial determination as it is a current and ongoing controversy.

255. As a direct and proximate result of Defendants’ conduct, Plaintiff has been damaged in excess of $15,000, and in an amount to be proven at trial.

256. Plaintiff has been forced to incur attorney’s fees and costs to bring this action, and Plaintiff is entitled to recover its reasonable costs and attorney’s fees incurred under the law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff further prays for the following relief against Defendants:

1. For judgment against Defendants for actual and compensatory damages in excess of $15,000, according to proof;

2. For actual, consequential, and incidental damages to Plaintiff, according to proof;

3. For punitive damages;

4. For quantum meruit and restitution for Plaintiff’s equitable claims;

5. For declaratory relief;

6. For temporary, preliminary, and permanent injunctive relief to enjoin Cabo Platinum from further deceptive trade practices and further commercial use of the Trademark;

7. For a pre-judgment writ of attachment is necessary to ensure the Defendants do not continue misappropriating, converting, and diverting Plaintiff’s property into the hands of Defendants;

8. For a constructive trust over the funds in Plaintiff’s Homeowners Trust Account(s);

8. For reasonable attorney’s fees and costs; and

9. For an award of prejudgment interest at the highest rate permitted by law until paid

in full; and

10. For any further relief as the Court deems to be just and proper.

Dated this __ day of August, 2024.

TALG, NV, LTD.

/s/ Xxxxxx Xxxx

Xxxxxx Xxxx (Bar No. 9343)

Xxxxxx X. Xxxxxx (Bar No. 14579)

Xxxxxx Xxxxxxxxx, Esq. (Bar No. 16245)

0000 X. Xxxxxxx Xx., Xxxxx 000

Las Vegas, NV 89113

Attorneys for Plaintiff

1 See Cabo Platinum – Luxury Vacation Rentals in Cabo San Xxxxx and the Surrounding Areas of Los Cabos Mexico, XxxxXxxxxxx.xxx (last accessed on August 1, 2024), at xxxxx://xxx.xxxxxxxxxxx.xxx/xxxxxxxx-xxxxxx-xxxxxxx/xxxx-xxxxxxxx/x00000 (“Reservations and Gust Services at Cabo Platinum In Business Since 2011”); see also Xxx Xxxxxxxx, 5 Upscale Villas in Los Cabos, Global Traveler (August 26, 2022) (last accessed on August 1, 2024), at xxxxx://xxx.xxxxxxxxxxxxxxxxx.xxx/0-xxxxxxx-xxxxxx-xx-xxx-xxxxx/ (“Cabo Platinum is a villa rental, real estate, property management, interior design and concierge service located in Los Cabos, Baja California Sur, Mexico, where the Sea of Xxxxxx meets the Pacific Ocean. Established in 2011, the family-owned Cabo Platinum offers a collection of carefully selected and curated private villas for discerning travelers”).

2 See ICANN Lookup, ICANN, (last accessed on August 1, 2024), at xxxxx://xxxxxx.xxxxx.xxx/xx/xxxxxx.

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FIRST AMENDED COMPLAINT