On May 28, 2019 a
Motion-Secondary
was filed
involving a dispute between
Garcia'S Quality Fruit & Produce, Llc,
and
Chris Damon, Individually And D B A Produce Connection, Inc.,
John Meena, Individually And D B A Produce Connection, Inc.,
Jose Garcia, Individually And D B A Produce Connection, Inc.,
for Contract - Consumer/Commercial/Debt (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
5/4/2022 3:24 PM
Hidalgo County District Clerks
Reviewed By: Seline Garcia
CONSOLIDATED
CAUSE NO. C-2351-19-D
GARCIA’S QUALITY FRUIT & § IN THE DISTRICT COURT
PRODUCE, LLC §
§
VS. § 206TH JUDICIAL DISTRICT
§
CHRIS DAMON, JOHN MEENA, JOSE §
GARCIA, EACH INDIVIDUALLY AND §
D/B/A PRODUCE CONNECTION, INC. § HIDLAGO COUNTY, TEXAS
GARCIA’S QUALITY FRUIT & PRODUCE, LLC’s RESPONSE TO PLAINTIFF’S
REPLY TO PLAINTIFF’S RESPONSE TO DEFENDANTS’ NO EVIDENCE
MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Plaintiff, GARCIA’S QUALITY FRUIT & PRODUCE, LLC, which files
this its Response to Plaintiff’s Reply to Plaintiff’s Response to Defendants’ No Evidence Motion
for Summary Judgment, and in support thereof, respectfully show the Court as follows:
1. Defendants, in their Reply complain of the affidavit of Raul Garcia, which affidavit was
supplied as evidence to Plaintiff’s Response to Defendants’ No Evidence Motion for Summary
Judgment. Defendants complain that the affidavit is not made on personal knowledge and
contains hearsay. Plaintiff would show that Defendants are mistaken in their reading of that
affidavit.
2. The affidavit of Raul Garcia affirmatively states that he was the person who had dealings
with the Defendants in the selling of the produce for which Plaintiff seeks to collect monies. He
states that he sold that produce to Chris Damon, John Meena and Jose Garcia personally and that
those individuals were purchasing that produce on behalf of Produce Connection, Inc., Spring
Valley Produce, Inc., and The Avocado Connection, Inc. Garcia sold the produce to those
Defendants based on the representations that they made to him as to who was purchasing the
Plaintiff’s Response to Defendants’ Reply 1
Electronically Filed
5/4/2022 3:24 PM
Hidalgo County District Clerks
Reviewed By: Seline Garcia
produce. Also, Garcia caused that produce to be delivered to the Defendants at the locations
specified by Damon, Meena and Garcia.
3. Such evidence is based on the personal knowledge of Raul Garcia.
4. Raul Garcia further affirmatively states that he was instructed by Damon, Meena and
Garcia to deliver the produce to Produce Connection, Inc., Spring Valley Produce, Inc., and The
Avocado Connection, Inc. at the locations designated by those individuals.
5. Such evidence is based on personal knowledge and is based on the representations made
by the individuals Damon, Meena and Garcia. Such testimony discloses the basis on which
affaint has personal knowledge and is competent summary judgment evidence.
6. Defendants have failed to properly object to Plaintiff’s Summary Judgement evidence.
Further, Defendants have failed to identify the elements of the causes of action for which
Defendants claim there is no summary judgment evidence. Such specification is required by
Rule 166a(i), Texas Rules of Civil Procedure. Without such specification, Defendants cannot
prevail on summary judgment.
7. Defendants have failed to allege that they have paid for the produce which Plaintiff
attempts to collect herein. As such, Defendants are not entitled to summary judgment and
Plaintiff must be allowed to proceed further on its claims against Defendants and collect for the
monies which Plaintiff is owed by Defendants.
For the above stated reasons, Defendants No Evidence Motion for Summary Judgment
does not have merit and should denied.
Respectfully submitted,
LAW OFFICE OF ROLANDO CANTU
1111 W. Nolana Avenue
McAllen, Texas 78504
Plaintiff’s Response to Defendants’ Reply 2
Electronically Filed
5/4/2022 3:24 PM
Hidalgo County District Clerks
Reviewed By: Seline Garcia
/s/ Rolando Cantu
ROLANDO CANTU
Attorney for Plaintiff
Bar no: 00789201
Phone: (956) 687-5777
Fax: (956) 435-7238
Email: rcantu@cantulawfirm.com
CERTIFICATE OF SERVICE
I certify that a true copy of this document was served by electronic filing manager, in
accordance with Rule 21a of the Texas Rules of Civil Procedure on all interested parties on May
4, 2022.
/s/ Rolando Cantu
ROLANDO CANTU
Plaintiff’s Response to Defendants’ Reply 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Rolando Cantu
Bar No. 789201
rcantu@cantulawfirm.com
Envelope ID: 64193006
Status as of 5/4/2022 3:32 PM CST
Associated Case Party: GARCIA'S QUALITY FRUIT & PRODUCE, LLC
Name BarNumber Email TimestampSubmitted Status
ROLANDO CANTU rcantu@cantulawfirm.com 5/4/2022 3:24:26 PM SENT
Associated Case Party: CHRIS DAMON, INDIVIDUALLY AND D/B/A PRODUCE
CONNECTION, INC.
Name BarNumber Email TimestampSubmitted Status
TERESA G.CRUZ tcruz@dtrglaw.com 5/4/2022 3:24:26 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
ROLANDO CANTU RCANTU@CANTULAWFIRM.COM 5/4/2022 3:24:26 PM SENT
Jessie Lopez jlopez@dtrglaw.com 5/4/2022 3:24:26 PM SENT
Bart M.Botta bart@rjlaw.com 5/4/2022 3:24:26 PM SENT
NICONDRA CHARGOISALLEN nallen@dtrglaw.com 5/4/2022 3:24:26 PM SENT
NICONDRA CHARGIOS NC.ALLEN@RCCLAW.COM 5/4/2022 3:24:26 PM SENT
NICONDRA CHARGOIS NALLEN@DTGLAW.COM 5/4/2022 3:24:26 PM SENT
BART BOTTA BART@RJLAW.COM 5/4/2022 3:24:26 PM SENT
Amy Deck legal_asst@cantulawfirm.com 5/4/2022 3:24:26 PM SENT
Document Filed Date
May 04, 2022
Case Filing Date
May 28, 2019
Category
Contract - Consumer/Commercial/Debt (OCA)
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Electronically Filed 5/4/2022 3:24 PM Hidalgo County District Clerks Reviewed By: Seline Garcia CONSOLIDATED CAUSE NO. C-2351-19-D GARCIA’S QUALITY FRUIT & § IN THE DISTRICT COURT PRODUCE, LLC § § VS. § 206TH JUDICIAL DISTRICT § CHRIS DAMON, JOHN MEENA, JOSE § GARCIA, EACH INDIVIDUALLY AND § D/B/A PRODUCE CONNECTION, INC. § HIDLAGO COUNTY, TEXAS GARCIA’S QUALITY FRUIT & PRODUCE, LLC’s RESPONSE TO PLAINTIFF’S REPLY TO PLAINTIFF’S RESPONSE TO DEFENDANTS’ NO EVIDENCE MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Plaintiff, GARCIA’S QUALITY FRUIT & PRODUCE, LLC, which files this its Response to Plaintiff’s Reply to Plaintiff’s Response to Defendants’ No Evidence Motion for Summary Judgment, and in support thereof, respectfully show the Court as follows: 1. Defendants, in their Reply complain of the affidavit of Raul Garcia, which affidavit was supplied as evidence to Plaintiff’s Response to Defendants’ No Evidence Motion for Summary Judgment. Defendants complain that the affidavit is not made on personal knowledge and contains hearsay. Plaintiff would show that Defendants are mistaken in their reading of that affidavit. 2. The affidavit of Raul Garcia affirmatively states that he was the person who had dealings with the Defendants in the selling of the produce for which Plaintiff seeks to collect monies. He states that he sold that produce to Chris Damon, John Meena and Jose Garcia personally and that those individuals were purchasing that produce on behalf of Produce Connection, Inc., Spring Valley Produce, Inc., and The Avocado Connection, Inc. Garcia sold the produce to those Defendants based on the representations that they made to him as to who was purchasing the Plaintiff’s Response to Defendants’ Reply 1 Electronically Filed 5/4/2022 3:24 PM Hidalgo County District Clerks Reviewed By: Seline Garcia produce. Also, Garcia caused that produce to be delivered to the Defendants at the locations specified by Damon, Meena and Garcia. 3. Such evidence is based on the personal knowledge of Raul Garcia. 4. Raul Garcia further affirmatively states that he was instructed by Damon, Meena and Garcia to deliver the produce to Produce Connection, Inc., Spring Valley Produce, Inc., and The Avocado Connection, Inc. at the locations designated by those individuals. 5. Such evidence is based on personal knowledge and is based on the representations made by the individuals Damon, Meena and Garcia. Such testimony discloses the basis on which affaint has personal knowledge and is competent summary judgment evidence. 6. Defendants have failed to properly object to Plaintiff’s Summary Judgement evidence. Further, Defendants have failed to identify the elements of the causes of action for which Defendants claim there is no summary judgment evidence. Such specification is required by Rule 166a(i), Texas Rules of Civil Procedure. Without such specification, Defendants cannot prevail on summary judgment. 7. Defendants have failed to allege that they have paid for the produce which Plaintiff attempts to collect herein. As such, Defendants are not entitled to summary judgment and Plaintiff must be allowed to proceed further on its claims against Defendants and collect for the monies which Plaintiff is owed by Defendants. For the above stated reasons, Defendants No Evidence Motion for Summary Judgment does not have merit and should denied. Respectfully submitted, LAW OFFICE OF ROLANDO CANTU 1111 W. Nolana Avenue McAllen, Texas 78504 Plaintiff’s Response to Defendants’ Reply 2 Electronically Filed 5/4/2022 3:24 PM Hidalgo County District Clerks Reviewed By: Seline Garcia /s/ Rolando Cantu ROLANDO CANTU Attorney for Plaintiff Bar no: 00789201 Phone: (956) 687-5777 Fax: (956) 435-7238 Email: rcantu@cantulawfirm.com CERTIFICATE OF SERVICE I certify that a true copy of this document was served by electronic filing manager, in accordance with Rule 21a of the Texas Rules of Civil Procedure on all interested parties on May 4, 2022. /s/ Rolando Cantu ROLANDO CANTU Plaintiff’s Response to Defendants’ Reply 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Rolando Cantu Bar No. 789201 rcantu@cantulawfirm.com Envelope ID: 64193006 Status as of 5/4/2022 3:32 PM CST Associated Case Party: GARCIA'S QUALITY FRUIT & PRODUCE, LLC Name BarNumber Email TimestampSubmitted Status ROLANDO CANTU rcantu@cantulawfirm.com 5/4/2022 3:24:26 PM SENT Associated Case Party: CHRIS DAMON, INDIVIDUALLY AND D/B/A PRODUCE CONNECTION, INC. Name BarNumber Email TimestampSubmitted Status TERESA G.CRUZ tcruz@dtrglaw.com 5/4/2022 3:24:26 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status ROLANDO CANTU RCANTU@CANTULAWFIRM.COM 5/4/2022 3:24:26 PM SENT Jessie Lopez jlopez@dtrglaw.com 5/4/2022 3:24:26 PM SENT Bart M.Botta bart@rjlaw.com 5/4/2022 3:24:26 PM SENT NICONDRA CHARGOISALLEN nallen@dtrglaw.com 5/4/2022 3:24:26 PM SENT NICONDRA CHARGIOS NC.ALLEN@RCCLAW.COM 5/4/2022 3:24:26 PM SENT NICONDRA CHARGOIS NALLEN@DTGLAW.COM 5/4/2022 3:24:26 PM SENT BART BOTTA BART@RJLAW.COM 5/4/2022 3:24:26 PM SENT Amy Deck legal_asst@cantulawfirm.com 5/4/2022 3:24:26 PM SENT