Answer: Robert Sulzbach, Sandy Sulzbach VS. Jamera Custom Homes, Inc., Strucsure Home Warranty, LLC

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                                CAUSE NO. 20

ROBERT SULZBACH, AND SANDRA
“SANDY” SULZBACH,



vs.

JAMERA CUSTOM HOMES, INC.



vs.
                                                               457TH JUDICIAL DISTRICT
MAGDA GARZA, JUAN GARZA,
ANA GARZA, AND
BUILDERS, INC.,

        Defendants,

vs.

CONRADO RAMIREZ; J. DOMINGO
LOPEZ; JRI AIR INSTALL; GERADO
LOPEZ; JOEL VILLARREAL; JOSE J.
GARCIA; JOSE LORETO HUERTA;
ALEJANDRO HERNANDEZ; EL TIGRE
CARPET, MACARIO de LEON, and
METRO LIVING STUDIOS,
                                                       MONTGOMERY COUNTY, TEXAS


                      BUILDERS, INC.ORIGINAL ANSWER

                    Magda Garza, Juan Garza, Ana Garza, and Garan Builders Inc.

      Original Answer to Plaintiffs’           Fifth Amended Petition and would respectfully



                                          ENERAL       ENIAL

              As is their right pursuant to Rule 92 of the Texas Rules of Civil Procedure,

s Magda Garza, Juan Garza, Ana Garza, and Garan Builders                      Inc. generally

      each and every allegation of Plaintiff            Fifth Amended Petition and demand




 EFENDANTS     RIGINAL   NSWER    AGE
                                          FFIRMATIVE    EFENSES

               Subject to and without waiving the foregoing General Denial, Defendants

assert, pursuant to Rule 94 of the Texas Rules of Civil Procedure, the following affirmative

defenses, which singly or in combination, bar Plaintiff right to recover, in whole or in

part, the damages alleged in Plaintiff      Fixed Fifth Amended Petition

               Plaintiffs’ claims are barred, in whole or in part, because Plaintiffs failed to

use reasonable diligence to mitigate their damages, if any, resulting from Defendants’

alleged wrongdoing, if any.

               Plaintiffs’ claims are barred by Plaintiffs’ own negligent and/or intentional

act(s) and/or omission(s); or, in the alternative, Plaintiffs’ recovery, if any, must be

reduced in proportion to Plaintiffs’ own negligence, in the event that such negligence is

insufficient to bar Plaintiffs’ recovery in its entirety.

               Plaintiffs’ claims are barred, in whole or in part, because the act(s) and/or

omission(s) of which Plaintiffs complain were committed by persons beyond Defendants’

supervision and control

                   ntiffs’ claims are barred, in whole or in part, by the applicable statues of

limitations

                                           PECIAL    XCEPTION

                          to Rule 47(c) of the Texas Rules of Civil Procedure, Defendants

specially except to Paragraph 8 of Plaintiff        Fixed Fifth Amended Original Petition in

that it alleges only that Plaintiffs seek monetary relief over $1,000,000.00. Therefore,

Defendants request that the Court require Plaintiffs to amend their petition to specify the

maximum amount of unliquidated damages claimed.




 EFENDANTS     RIGINAL   NSWER      AGE
                                        IGHT TO    MEND

              Defendant reserve the right to amend their answer in accordance with the

Texas Rules of Civil Procedure.

                                          RAYER

       For these reasons, Defendants Magda Garza, Juan Garza, Ana Garza, and Garan

Builders Inc. pray that Plaintiff take nothing by their suit, and that Defen    recover

thei attorney’s fees and costs together with such other and further relief to which they

may be justly entitled.

                                         Respectfully submitted,


                                                /s/ Michael D. Moody
                                         Michael D. Moody
                                         State Bar No. 24041510
                                         mmoody@cstrial.com
                                         Bethany G. Gingras
                                         State Bar No. 24120852
                                         bgingras@cstrial.com
                                          AIN      KARNULIS PLLC
                                         303 Colorado Street, Suite 2850
                                         Austin, Texas 78701
                                         512 477 5000
                                         512 477 5011 Facsimile
                                         ATTORNEYS FOR DEFENDANT

                             CERTIFICATE OF SERVICE

      I certify that a true and correct copy of the foregoing has been forwarded to all
counsel of record in accordance with the Texas Rules of Civil Procedure on January



                                              /s/ Michael D. Moody
                                         Michael D. Moody




 EFENDANTS    RIGINAL     NSWER   AGE