Case Number: CACE-18-025261 Division: 08 Filing # 79878098 E-Filed 10/25/2018 02:58:54 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. DANIEL KORDASH, Case No. Plaintiff, v. : COMPLAIN’ JETSMARTER, INC. JURY TRIAL DEMANDED. and JETSMARTER, INC. BOARD OF DIRECTORS, Defendants. x Plaintiff Daniel Kordash, by his undersigned counsel, for his Complaint against Defendants JetSmarter, Ine. (“JetSmarter”), and the JetSmarter Inc. Board of Directors (“Board of Directors") alleges as follows: NATURE OF THE TH 1. JetSmarter is a service company which provides private air travel to its customers and ‘memberships that purportedly provide savings to members. 2. JetSmarter is governed by a Board of Directors consisting of five members. The members of the Board of Directors are Sergey Petrossov, Behdad Eghbali, Jose Feliciano, Tom Ridge and Christophe Navarre. 3. Plaintiff became a member of JetSmarter in 2015 and, starting in July 2016, became and remained a “Sophisticated Member” of JetSmarter at all relevant times, Atall times relevant, Plaintiff had a contract with JetSmarter. ##* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN. CLERK 10/25/2018 2:58:52 PM.*##*4. Under the terms of Plaintiff's “S phisticated Membership,” Plaintiff agreed to pay JetSmarter a set amount pursuant to the contract with JetSmarter and JetSmarter agreed to provide to Plaintiff a set amount of “tokens” and flight credits with which Plaintiff could book private air travel at no additional cost using the JetSmarter app throughout the term of Plaintiff's membership. 5, In March 2018, a sales representative for Defendants contacted Plaintiff about purchasing an additional three years of “Sophisticated Membership.” The representative promised Plaintiff that if he extended his “Sophisticated Membership,” the terms would remain unchanged throughout the additional three years. 6. Relying on Defendants’ promise that the terms of his membership would remain unchanged, Plaintiff agreed to purchase an additional three years of “Sophisticated Membership. 7. Shortly thereafter, Plaintiff paid Defendants $74,486.16 to extend his “Sophisticated Membership” for three years. 8. Sergey Petrossov, JetSmarter CEO and member of the Board of Directors, confirmed in writing in an email to all members, dated March 23, 2018, that the terms of “Sophisticated Memberships” would not be affected by any of Defendants’ alterations to JetSmarter policies. 9. Following Petrossov’s March 23, 2018 email and Plaintiff's payment, Defendants ‘materially altered the terms of Plaintif’s “Sophisticated Membership” twice, both times in such a way that the value of Plaintiff's membership was substantially reduced. 10. Plaintiff now seeks cancellation of his contract with Defendants and to recover the $74,486.16 he paid to JetSmarter to extend his “Sophisticated Membership” and the credits for flights that he accumulated during his membership.TIES 11. Daniel Kordash is an individual residing in Sunny Isles Beach, Florida and a citizen of the State of Florida. 12. JetSmarter, Ine. is a Delaware corporation, engaged in the business of providing air travel and other travel perks, with its principal place of business in Fort Lauderdale, Florida 13. The Board of Directors acts on behalf of JetSmarter and exercises decision making authority over the policies and operation of JetSmarter, JURISDICTION AND VENUE 14, This is an action wherein each claim is in excess of $15,000. 15. JetSmarter is subject to the jurisdiction of the Court pursuant to Fla, Stat. § 48,193(1)(a)(1) by reason of conducting and engaging in a business venture in this State, Fla. Stat. § 48.193 (1)(a)(2), by committing a tortious act within this State and/or Fla. Stat. § 48.193(2), by in the State. engaging in substantial and not isolated a 16. The Board of Directors is subject to the jurisdiction of the Court pursuant to Fla. Stat § 48.193(1)(a)(1) by reason of conducting and engaging in a business venture in this State, Fla, Stat. § 48.193 (1)(a)(2) by reason of committing a tortious act within this State and/or Fla. Stat. § 48,193(2) by reason of engaging in substantial and not isolated activity in the State. 17. Venue is proper in the County of Broward pursuant to Fla. Stat, § 47.011 as JetSmarter’s principal place of business is in Broward County. FACTUAL ALLEGATIONS 18. Plaintiff entered into a membership agreement with JetSmarter on December 27, 2015 Under the membership agreement, Plaintiff agreed to pay Defendants a lump sum of $9,000 in