Preview
FILED
6/21/2023 6:19 PM
1 ClT—SOS/ESERVE FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Belinda Hernandez DEPUTY
Cause No.DC-23-00048
DOUGLAS BROWN IN THE JUDICIAL DISTRICT COURT
§§§§§§§
GWENNA BROWN
vs. OF DALLAS COUNTY, TEXAS
PURE ENERGY, INC. d/b/a PURE SOLAR 68th JUDICIAL DISTRICT
PLAINTIFFS’ FIRST AMENDED PETITION
TO THE HONORABLE JUDGE OF THIS COURT:
Douglas Brown and Gwenna Brown come to complain of Pure Energy, Inc. d/b/a Pure Solar; and, for cause of action,
would respectfully show as follows:
I. Parties
Plaintiff Douglas Brown (“Brown”) is a Texas resident who resides in Dallas County, Texas.
Plaintiff Gwenna Brown (“Brown”) is a Texas resident who resides in Dallas County, Texas.
Defendant, Pure Energy, Inc. d/b/a Pure Solar is a Texas corporation that conducts business at 4402 Vance Jackson, San
Antonio, Texas 78230; and, it can be served with process by serving the Texas Secretary of State at 1019 Brazos Street, Austin,
Texas 78701.
II. Discovery
Brown intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.4. Brown seeks monetary relief of
more than $250,000.00, including damages of any kind, penalties, court costs, and expenses.
III. Jurisdiction
The court has jurisdiction because the damages sought are within the jurisdictional limits of the court.
IV. Venue
Venue is proper in Dallas County, Texas because the cause of action regards real property situated in Dallas County,
Texas.
V. Statement of Facts
Brown purchased a solar panel system which Pure Solar was to install upon the family home at 409 Harvard Drive in
Glenn Heights, Texas. Pure Solar’s workers proceeded with the solar panel system installation, despite observing conditions that
warranted replacement of the roof prior to installation of a solar system. Pure Solar failed to properly seal the home’s roof, resulting
in significant rainfall entering the home’s since August 2022, resulting in severe water damage to the home’s interior drywall and
sheetrock, as well as to the home’s roofing system. Pure Energy workers also left a hole beneath one solar panel more than two
square feet in diameter. As such, the home continues to sustain significant water intrusion with each rainfall as a result of Pure
Energy’s refusal to make repairs.
Pure Solar personnel offered to remove the solar panels but only to make partial roof repairs without repairing all of the
water damage resulting from their work.
Brown retained counsel to send statutory 60-day notices of claims under Texas Property Code §27.004, the Residential
Construction Liability Act, and under the Texas Deceptive Trade Practices Act. However, Pure Solar never responded to the notice
letters. After receiving notice of Brown’s claims,
VI. Breach of Contract
Pure Solar’s failure to properly complete all contemplated renovation work within the Brown home constituted an
actionable breach of contract. As such, Pure Solar should be held liable for all actual and incidental damages resulting from its
breach of contract, including reasonable and necessary fees, as permitted by Texas Civil Practice and Remedies Code §38.001.
VII. Negligence and Negligence: Respondeat Superior
Incorporating the preceding Statement of Fact, Brown contends that Pure Solar’s negligent failure to properly complete the
subject renovation wok was a proximate cause of the damage to the Brown home. Similarly, MC performed defective work
regarding the work that Pure Solar subcontracted to MC. Because MC’s negligent work occurred within the scope of work that Pure
Solar subcontracted to MC, Pure Solar should be held liable for negligent hiring and supervision. Further, MC’s negligence should be
imputed to Pure Solar.
Pure Solar’s failure to properly complete all renovation work constituted a wanton and reckless disregard for the Brown
home and for their financial welfare. As such, Pure Solar should be held liable for all reasonably foreseeable consequences of their
combined negligence.
VIII. Violation of the Texas Deceptive Trade Practices Act
Incorporating the preceding Statement of Facts, Brown contends that Pure Solar violated the Texas Deceptive Trade
Practices Act. Specifically, (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby
declared unlawful and are subject to action by the consumer protection division under §§ 17.60, 17.5 8, 17.47, and 17.61.
A person commits a violation of Texas Business & Commerce Code § 17.46 by
(11) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or
quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which
the person does not;
(7) representing those goods or services are of a particular standard, quality, or grade, or that goods are of a particular
style or model, if they are of another;
(12) representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve,
or which are prohibited by law;(l3) knowingly making false or misleading statements of fact concerning the need for parts,
replacement, or repair service
(15) basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the
actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the
warranty or guaranty, if any;
(22) representing that work or services have been performed on, or parts replaced in, goods when the work or services
were not performed or the parts replaced; and,
(2 7) subject to Section I 7.4625, taking advantage of a disaster declared by the governor under Chapter 418, Government
Code, or by the president of the United States by:
(A) selling or leasing fuel, food, medicine, lodging, building materials, construction tools, or another necessity at an
exorbitant or excessive price; or
(B) demanding an exorbitant or excessive price in connection with the sale or lease offuel, food, medicine, lodging,
building materials, construction tools, or another necessity;
Pure Solar represented that its remodeling work within the Brown home would be performed in a good and workmanlike
manner and that it would be performed in compliance with the pertinent building code. Pure Solar did not perform any installations at
all, much less in a good and workmanlike manner. As such, the Brown home sustained significant repair costs. Further, Brown
sustained significant temporary living expense.
Because Pure Solar’s violation of the DTPA statute was willful and knowing, Brown requests the imposition of statutory
treble damages and attorneys’ fees as is permitted under Texas Property Code §27.004 and Texas Business and Commerce Code
§17.50(b)(1)).
IX. Texas Residential Construction Liability Act
Incorporating the preceding Statement of Facts, Brown alternately invokes the provisions of Texas Property Code §27.004
respect to his claims and requests that the court compel mediation, in accord with Texas Property Code §27.0041(a), Brown requests
that the court order the parties to mediation no later than the 90th day after the instant suit was filed.
X. Unjust Enrichment
Brown contends that Pure Solar’s retention of sums paid for work partially performed or not performed at constitutes an
unjust enrichment. As such, Brown requests that the court compel Pure Solar to return all funds advanced by Brown either for
materials not purchased; materials paid for by Brown but appropriated by Pure Solar; and, funds advanced for work not performed.
XI. Prayer
For all the above reasons, Brown prays that Pure Solar be cited to appear to answer this petition; and, that upon a final
hearing thereof, that Brown have and recover a judgment against Pure Solar for the following:
1. Actual damages in an amount within the jurisdiction of this court;
2. Statutory treble damages available under the Texas Deceptive Trade Practice Act, §17.46 for deceptive acts;
3 Reasonable and necessary attorneys’ fees, as permitted under Texas Property Code §27.004 and Texas Civil Practice and Remedies
Code §38.001
4. Pre-judgment interest from January 3, 2023 until the date of judgment at the rate of 5% per annum-
5. Post judgment interest from the date of judgment until full payment is made at the rate of 5% per annum;
6. Court costs; and,
7. Any and all further relief to which Brown may show themselves to be entitled.
Respectfiilly Submitted,
THE SHEPHERD LAW FIRM
By' /s/ Wendell P. Shepherd, Sr.
State Bar No. 00795646
9119 Highway 6, Suite 230
Missouri City, Texas 77459-4879
Ph.: 281-778-8370
Fax: 844-646-4354
E-mail:wpshepherdsr@sbcglobalnet
COUNSEL FOR PLAINTIFFS
DOUGLAS BROWN
GWENNA BROWN
Preview
FILED 6/21/2023 6:19 PM 1 ClT—SOS/ESERVE FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Belinda Hernandez DEPUTY Cause No.DC-23-00048 DOUGLAS BROWN IN THE JUDICIAL DISTRICT COURT §§§§§§§ GWENNA BROWN vs. OF DALLAS COUNTY, TEXAS PURE ENERGY, INC. d/b/a PURE SOLAR 68th JUDICIAL DISTRICT PLAINTIFFS’ FIRST AMENDED PETITION TO THE HONORABLE JUDGE OF THIS COURT: Douglas Brown and Gwenna Brown come to complain of Pure Energy, Inc. d/b/a Pure Solar; and, for cause of action, would respectfully show as follows: I. Parties Plaintiff Douglas Brown (“Brown”) is a Texas resident who resides in Dallas County, Texas. Plaintiff Gwenna Brown (“Brown”) is a Texas resident who resides in Dallas County, Texas. Defendant, Pure Energy, Inc. d/b/a Pure Solar is a Texas corporation that conducts business at 4402 Vance Jackson, San Antonio, Texas 78230; and, it can be served with process by serving the Texas Secretary of State at 1019 Brazos Street, Austin, Texas 78701. II. Discovery Brown intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.4. Brown seeks monetary relief of more than $250,000.00, including damages of any kind, penalties, court costs, and expenses. III. Jurisdiction The court has jurisdiction because the damages sought are within the jurisdictional limits of the court. IV. Venue Venue is proper in Dallas County, Texas because the cause of action regards real property situated in Dallas County, Texas. V. Statement of Facts Brown purchased a solar panel system which Pure Solar was to install upon the family home at 409 Harvard Drive in Glenn Heights, Texas. Pure Solar’s workers proceeded with the solar panel system installation, despite observing conditions that warranted replacement of the roof prior to installation of a solar system. Pure Solar failed to properly seal the home’s roof, resulting in significant rainfall entering the home’s since August 2022, resulting in severe water damage to the home’s interior drywall and sheetrock, as well as to the home’s roofing system. Pure Energy workers also left a hole beneath one solar panel more than two square feet in diameter. As such, the home continues to sustain significant water intrusion with each rainfall as a result of Pure Energy’s refusal to make repairs. Pure Solar personnel offered to remove the solar panels but only to make partial roof repairs without repairing all of the water damage resulting from their work. Brown retained counsel to send statutory 60-day notices of claims under Texas Property Code §27.004, the Residential Construction Liability Act, and under the Texas Deceptive Trade Practices Act. However, Pure Solar never responded to the notice letters. After receiving notice of Brown’s claims, VI. Breach of Contract Pure Solar’s failure to properly complete all contemplated renovation work within the Brown home constituted an actionable breach of contract. As such, Pure Solar should be held liable for all actual and incidental damages resulting from its breach of contract, including reasonable and necessary fees, as permitted by Texas Civil Practice and Remedies Code §38.001. VII. Negligence and Negligence: Respondeat Superior Incorporating the preceding Statement of Fact, Brown contends that Pure Solar’s negligent failure to properly complete the subject renovation wok was a proximate cause of the damage to the Brown home. Similarly, MC performed defective work regarding the work that Pure Solar subcontracted to MC. Because MC’s negligent work occurred within the scope of work that Pure Solar subcontracted to MC, Pure Solar should be held liable for negligent hiring and supervision. Further, MC’s negligence should be imputed to Pure Solar. Pure Solar’s failure to properly complete all renovation work constituted a wanton and reckless disregard for the Brown home and for their financial welfare. As such, Pure Solar should be held liable for all reasonably foreseeable consequences of their combined negligence. VIII. Violation of the Texas Deceptive Trade Practices Act Incorporating the preceding Statement of Facts, Brown contends that Pure Solar violated the Texas Deceptive Trade Practices Act. Specifically, (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under §§ 17.60, 17.5 8, 17.47, and 17.61. A person commits a violation of Texas Business & Commerce Code § 17.46 by (11) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has a sponsorship, approval, status, affiliation, or connection which the person does not; (7) representing those goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (12) representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law;(l3) knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service (15) basing a charge for the repair of any item in whole or in part on a guaranty or warranty instead of on the value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the warranty or guaranty, if any; (22) representing that work or services have been performed on, or parts replaced in, goods when the work or services were not performed or the parts replaced; and, (2 7) subject to Section I 7.4625, taking advantage of a disaster declared by the governor under Chapter 418, Government Code, or by the president of the United States by: (A) selling or leasing fuel, food, medicine, lodging, building materials, construction tools, or another necessity at an exorbitant or excessive price; or (B) demanding an exorbitant or excessive price in connection with the sale or lease offuel, food, medicine, lodging, building materials, construction tools, or another necessity; Pure Solar represented that its remodeling work within the Brown home would be performed in a good and workmanlike manner and that it would be performed in compliance with the pertinent building code. Pure Solar did not perform any installations at all, much less in a good and workmanlike manner. As such, the Brown home sustained significant repair costs. Further, Brown sustained significant temporary living expense. Because Pure Solar’s violation of the DTPA statute was willful and knowing, Brown requests the imposition of statutory treble damages and attorneys’ fees as is permitted under Texas Property Code §27.004 and Texas Business and Commerce Code §17.50(b)(1)). IX. Texas Residential Construction Liability Act Incorporating the preceding Statement of Facts, Brown alternately invokes the provisions of Texas Property Code §27.004 respect to his claims and requests that the court compel mediation, in accord with Texas Property Code §27.0041(a), Brown requests that the court order the parties to mediation no later than the 90th day after the instant suit was filed. X. Unjust Enrichment Brown contends that Pure Solar’s retention of sums paid for work partially performed or not performed at constitutes an unjust enrichment. As such, Brown requests that the court compel Pure Solar to return all funds advanced by Brown either for materials not purchased; materials paid for by Brown but appropriated by Pure Solar; and, funds advanced for work not performed. XI. Prayer For all the above reasons, Brown prays that Pure Solar be cited to appear to answer this petition; and, that upon a final hearing thereof, that Brown have and recover a judgment against Pure Solar for the following: 1. Actual damages in an amount within the jurisdiction of this court; 2. Statutory treble damages available under the Texas Deceptive Trade Practice Act, §17.46 for deceptive acts; 3 Reasonable and necessary attorneys’ fees, as permitted under Texas Property Code §27.004 and Texas Civil Practice and Remedies Code §38.001 4. Pre-judgment interest from January 3, 2023 until the date of judgment at the rate of 5% per annum- 5. Post judgment interest from the date of judgment until full payment is made at the rate of 5% per annum; 6. Court costs; and, 7. Any and all further relief to which Brown may show themselves to be entitled. Respectfiilly Submitted, THE SHEPHERD LAW FIRM By' /s/ Wendell P. Shepherd, Sr. State Bar No. 00795646 9119 Highway 6, Suite 230 Missouri City, Texas 77459-4879 Ph.: 281-778-8370 Fax: 844-646-4354 E-mail:wpshepherdsr@sbcglobalnet COUNSEL FOR PLAINTIFFS DOUGLAS BROWN GWENNA BROWN