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CAUSE NO.
ROBERT SULZBACH, AND SANDRA THE 457TH
“SANDY” SULZBACH,
Plaintiffs,
vs.
JAMERA CUSTOM HOMES, INC.,
Defendant / Third Party Plaintiff,
vs.
MAGDA GARZA, JUAN GARZA, ANA JUDICIALDISTRICT COURT OF
GARZA, AND GARAN BUILDERS, INC.
Defendants,
vs.
CONRADO RAMIREZ; J. DOMINGO
LOPEZ; JRI AIR INSTALL; GERADO
LOPEZ; JOEL VILLARREAL; JOSE J.
GARCIA; JOSE LORETO HUERTA;
ALEJANDRO HERNANDEZ; MONTGOMERY COUNTY, TEXAS
TIGRE CARPET, MACARIO de LEON, and
METRO LIVING STUDIOS,
Third Party Defendants.
PLAINTIFFS’ MOTION FOR DEFAULT JUDGEMENT UNDER AGAINST DEFENDANTS
MAGDA GARZA, JUAN GARZA, ANA GARZA, AND GARAN BUILDERS INC.
NOW COMES Plaintiff , Robert Sulzbach and Sandra Sulzbach (hereinafter referred to as
"Plaintiff , who files this, their Motion for Default Judgment against Defendant, Magda Garza,
Juan Garza, Ana Garza, and Garan Builders Inc.., and who respectfully submits to the Court the
following:
RELEVANT DEFAULT FACTS
Plaintiffs are Robert Sulzbach and Sandra Sulzbach.
Defendants, Magda Garza, Juan Garza, Ana Garza, and Garan Builders Inc.(the Defaulting
Defendants , were added to the case as new Defendants rough Plaintiffs Fifth Amended
Petition in November of 2022.
The Court s register for the above numbered ause of action reflects that the Defaulting
Defendants were served with citation through certified mail by the Montgomery County
District Clerk on or about December 5, 2022.
The Defaulting Defendants time to answer under TRCP 502.5 has passed . Plaintiffs’
request a default judgment hearing where Plaintiff will put on evidence proving their claim.
RELEVANT FACTS TO CLAIM
On or about June 14 , 2018, Claimants entered into contract (the “Contract”) to purchase t
property located at 27684 Rio Blanco Dr., Splendora, TX 77372 (the “Property from
Defendant, Jamera Custom Homes, Inc. (“Jamera”).
Jamera is allegedlonly has a single member, Magda Garza.
Plaintiffs allege tha Jamera intentionally used unqualified workers, and plans not approved
by any engineerwhen building the P roperty to cut costs.
Jamera has judicially admitted t using plans not approved by any engineer and unqualified
workers to build the Property.
As a result, the Property is uninhabitable due to the presence of toxic mold caused by inherent
construction defects that could have been avoided if Jamera had used an approved design an
qualified workers.
laintiffs will present evidence at the default hearing linking Jamera to the Defaulting
Defendants, as laid outin Plain tiffs Amended R equest for Extension of Docket Control
Order to Add New Defendants(title shortened) filed on or about November 9, 2022.
Plaintiff will present all necessary evidence and testimony at the default judgment hearing to
prove each element of their claims.
Plaintiffs’ will provide evidence of their damages at the default judgment hearing, which
onsist of the estimated cost of remediation, the value of lost personal property, the value of
the loss of use of the Property, the value of late mortgage fees, and reasonable and necessary
attorney fees.
EQUEST FOR ORDER AND SEVERANCE
Plaintiffs areentitled to a default judgment for the reasons asserted above.
Plaintiffs requests a trial on the merits of Plaintiffs’ claims, and that after trial, the Court sign
an Order granting Plaintiff the relief requested above, and severing the claims against the
Defaulting Defendants from the above numbered cause of action.
espectfully submitted,
CHOATE & ASSOCIATES
awrence Chang
State Bar No. 24072892
Telephone: (512) 297-9124
Facsimile: (512) 330-0286
Law.Chang@choateaustin.com
TIFICATE OF SERVICE
hereby certify by my signature above that on the 8 day of January 2023, a true and correct
copy of the foregoing instrument was sent via the courts ECF system to all attorneys of
record.
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CAUSE NO. ROBERT SULZBACH, AND SANDRA THE 457TH “SANDY” SULZBACH, Plaintiffs, vs. JAMERA CUSTOM HOMES, INC., Defendant / Third Party Plaintiff, vs. MAGDA GARZA, JUAN GARZA, ANA JUDICIALDISTRICT COURT OF GARZA, AND GARAN BUILDERS, INC. Defendants, vs. CONRADO RAMIREZ; J. DOMINGO LOPEZ; JRI AIR INSTALL; GERADO LOPEZ; JOEL VILLARREAL; JOSE J. GARCIA; JOSE LORETO HUERTA; ALEJANDRO HERNANDEZ; MONTGOMERY COUNTY, TEXAS TIGRE CARPET, MACARIO de LEON, and METRO LIVING STUDIOS, Third Party Defendants. PLAINTIFFS’ MOTION FOR DEFAULT JUDGEMENT UNDER AGAINST DEFENDANTS MAGDA GARZA, JUAN GARZA, ANA GARZA, AND GARAN BUILDERS INC. NOW COMES Plaintiff , Robert Sulzbach and Sandra Sulzbach (hereinafter referred to as "Plaintiff , who files this, their Motion for Default Judgment against Defendant, Magda Garza, Juan Garza, Ana Garza, and Garan Builders Inc.., and who respectfully submits to the Court the following: RELEVANT DEFAULT FACTS Plaintiffs are Robert Sulzbach and Sandra Sulzbach. Defendants, Magda Garza, Juan Garza, Ana Garza, and Garan Builders Inc.(the Defaulting Defendants , were added to the case as new Defendants rough Plaintiffs Fifth Amended Petition in November of 2022. The Court s register for the above numbered ause of action reflects that the Defaulting Defendants were served with citation through certified mail by the Montgomery County District Clerk on or about December 5, 2022. The Defaulting Defendants time to answer under TRCP 502.5 has passed . Plaintiffs’ request a default judgment hearing where Plaintiff will put on evidence proving their claim. RELEVANT FACTS TO CLAIM On or about June 14 , 2018, Claimants entered into contract (the “Contract”) to purchase t property located at 27684 Rio Blanco Dr., Splendora, TX 77372 (the “Property from Defendant, Jamera Custom Homes, Inc. (“Jamera”). Jamera is allegedlonly has a single member, Magda Garza. Plaintiffs allege tha Jamera intentionally used unqualified workers, and plans not approved by any engineerwhen building the P roperty to cut costs. Jamera has judicially admitted t using plans not approved by any engineer and unqualified workers to build the Property. As a result, the Property is uninhabitable due to the presence of toxic mold caused by inherent construction defects that could have been avoided if Jamera had used an approved design an qualified workers. laintiffs will present evidence at the default hearing linking Jamera to the Defaulting Defendants, as laid outin Plain tiffs Amended R equest for Extension of Docket Control Order to Add New Defendants(title shortened) filed on or about November 9, 2022. Plaintiff will present all necessary evidence and testimony at the default judgment hearing to prove each element of their claims. Plaintiffs’ will provide evidence of their damages at the default judgment hearing, which onsist of the estimated cost of remediation, the value of lost personal property, the value of the loss of use of the Property, the value of late mortgage fees, and reasonable and necessary attorney fees. EQUEST FOR ORDER AND SEVERANCE Plaintiffs areentitled to a default judgment for the reasons asserted above. Plaintiffs requests a trial on the merits of Plaintiffs’ claims, and that after trial, the Court sign an Order granting Plaintiff the relief requested above, and severing the claims against the Defaulting Defendants from the above numbered cause of action. espectfully submitted, CHOATE & ASSOCIATES awrence Chang State Bar No. 24072892 Telephone: (512) 297-9124 Facsimile: (512) 330-0286 Law.Chang@choateaustin.com TIFICATE OF SERVICE hereby certify by my signature above that on the 8 day of January 2023, a true and correct copy of the foregoing instrument was sent via the courts ECF system to all attorneys of record.