On October 31, 2018 a
Answer
was filed
involving a dispute between
Salinas, Paul Anthony,
and
Salinas, Savannah Manrique,
for Divorce - No Children (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
8/18/2020 5:21 PM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
CAUSE NO. C-27 1 3-20-B
ANABEL BECERRA, Individually, IN THE DISTRICT COURT
ROGELIO GARZA, JR., Individually,
ANABEL BECERRA As NEXT 0F FRIEND
0F ARIA GARZA, AND ANABEL
BECERRA As NEXT FRIEND 0F
ROGELIO GARZA 111 WWDWOOOOWOOODOOOOOOOODOOOWOOODOOO
PLAINTIFFS
VS. 93RD JUDICIAL COURT
SHARYLAND ISD AND RICARDO
CORTEZ LING
DEFENDANTS HIDALGO COUNTY, TEXAS
DEFENDANT SHARYLAND ISD’S ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Sharyland ISD, Defendant in the above-styled and numbered cause, and
files this, its Original Answer, and would respectfully show unto the Court the following:
I.
GENERAL DENIAL
Defendant, Sharyland ISD, denies each and every, all and singular, the allegations set
forth in Plaintiffs’ Original Petition and Request for Disclosure, and Without waiving its right t0
file other any further pleadings, motions and discovery, demands that Plaintiffs be held t0 the
most strict requirements 0f proof and this Defendant be released with costs and without delay,
and for such other and further relief, both at law and in equity, t0 Which this Defendant may
show itself t0 be justly entitled.
II.
AFFIRMATIVE DEFENSES
Defendant, still urging and relying 0n matters alleged herein above, asserts the following
affirmative defenses t0 Plaintiffs’ claims:
Electronically Filed
8/18/2020 5:21 PM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
1. Defendant invokes all the protections, rights, immunities, and defenses afforded it
under Chapter 101 0f the Texas Civil Practice and Remedies Code (hereinafter “C.P.R.C.”), also
known as the Texas Tort Claims Act.
2. Defendant asserts sovereign immunity as an affirmative defense t0 all 0f the
Plaintiffs’ claims.
3. Defendant specifically invokes the statutory limitations on damages set forth in
C.P.R.C. §101.023(b).
4. Defendant asserts that all 0f Plaintiffs’ causes 0f action against Ricardo Cortez
Ling are barred pursuant to TEX. CIV. PRAC. & REM. CODE § 101.106 et. seq. Accordingly,
Defendant requests that the Court dismiss Plaintiffs’ causes of action against Ricardo Cortez
Ling with prejudice.
5. Plaintiffs’ claims against Defendant for exemplary damages are specifically
excluded pursuant t0 C.P.R.C. §101 .024.
III.
AMOUNT PAID VS. INCURRED
To the extent that Plaintiffs’ medical bills exceed the amount actually paid or incurred by
the Plaintiffs 0r on Plaintiffs’ behalf, Defendant asserts the statutory defense as set forth in
Section 41.0105 of the Texas Civil Practice and Remedies Code. Thus, the recovery 0f the
medical or healthcare expenses is limited to the amount actually paid or incurred by 0r on behalf
0f the Plaintiffs.
IV.
1m
Pursuant t0 Tex. R. CiV. P. 193.7, this will serve as formal written notice 0f Defendant’s
intent to use at trial any and all documents that have been produced in response to any formal
(20-313) Becerra v. Sharyland ISD Sharyland ISD’s Original Answer
Page 2 of 4
Electronically Filed
8/18/2020 5:21 PM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
written discovery request, as well as any documents created and/or produced by Plaintiffs from
any source and provided to Defendant.
WHEREFORE, PREMISES CONSIDERED, Defendant Sharyland ISD prays that
Plaintiffs recover nothing against this Defendant and for such other and further relief, at law or in
equity, to which this Defendant may show itselfjustly entitled.
Respectfully submitted,
Garcia Legal Firm, P.L.L.C.
10125 N. 10th Street, Suite B
McAllen, Texas 78504
Telephone: (956) 383-9290
Wm
Facsimile: (956) 383-9293
Elizabeth
State
M. Garcia
Bar N0. 24057741
Attorney for Defendant
Sharyland ISD
(20-3 13) Becerra v. Shaflland ISD Sharyland ISD’s Original Answer
Page 3 of 4
Electronically Filed
8/18/2020 5:21 PM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on all counsel
0f record 0n the 18th day of August 2020, in accordance with the Texas Rules of Civil Procedure
as set forth below:
Via E-File
Hector Bustos
The Law Office of Hector Bustos, PLLC
220 S. Jackson Road
Edinburg, Texas 78539
Wmm’
ElizaB’eth M. Garcia
(20-3 13) Becerra v. Shaflland ISD Sharyland ISD’s Original Answer
Page 4 of 4
Document Filed Date
August 18, 2020
Case Filing Date
October 31, 2018
Category
Divorce - No Children (OCA)
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Electronically Filed 8/18/2020 5:21 PM Hidalgo County District Clerks Reviewed By: Alessandra Galvan CAUSE NO. C-27 1 3-20-B ANABEL BECERRA, Individually, IN THE DISTRICT COURT ROGELIO GARZA, JR., Individually, ANABEL BECERRA As NEXT 0F FRIEND 0F ARIA GARZA, AND ANABEL BECERRA As NEXT FRIEND 0F ROGELIO GARZA 111 WWDWOOOOWOOODOOOOOOOODOOOWOOODOOO PLAINTIFFS VS. 93RD JUDICIAL COURT SHARYLAND ISD AND RICARDO CORTEZ LING DEFENDANTS HIDALGO COUNTY, TEXAS DEFENDANT SHARYLAND ISD’S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Sharyland ISD, Defendant in the above-styled and numbered cause, and files this, its Original Answer, and would respectfully show unto the Court the following: I. GENERAL DENIAL Defendant, Sharyland ISD, denies each and every, all and singular, the allegations set forth in Plaintiffs’ Original Petition and Request for Disclosure, and Without waiving its right t0 file other any further pleadings, motions and discovery, demands that Plaintiffs be held t0 the most strict requirements 0f proof and this Defendant be released with costs and without delay, and for such other and further relief, both at law and in equity, t0 Which this Defendant may show itself t0 be justly entitled. II. AFFIRMATIVE DEFENSES Defendant, still urging and relying 0n matters alleged herein above, asserts the following affirmative defenses t0 Plaintiffs’ claims: Electronically Filed 8/18/2020 5:21 PM Hidalgo County District Clerks Reviewed By: Alessandra Galvan 1. Defendant invokes all the protections, rights, immunities, and defenses afforded it under Chapter 101 0f the Texas Civil Practice and Remedies Code (hereinafter “C.P.R.C.”), also known as the Texas Tort Claims Act. 2. Defendant asserts sovereign immunity as an affirmative defense t0 all 0f the Plaintiffs’ claims. 3. Defendant specifically invokes the statutory limitations on damages set forth in C.P.R.C. §101.023(b). 4. Defendant asserts that all 0f Plaintiffs’ causes 0f action against Ricardo Cortez Ling are barred pursuant to TEX. CIV. PRAC. & REM. CODE § 101.106 et. seq. Accordingly, Defendant requests that the Court dismiss Plaintiffs’ causes of action against Ricardo Cortez Ling with prejudice. 5. Plaintiffs’ claims against Defendant for exemplary damages are specifically excluded pursuant t0 C.P.R.C. §101 .024. III. AMOUNT PAID VS. INCURRED To the extent that Plaintiffs’ medical bills exceed the amount actually paid or incurred by the Plaintiffs 0r on Plaintiffs’ behalf, Defendant asserts the statutory defense as set forth in Section 41.0105 of the Texas Civil Practice and Remedies Code. Thus, the recovery 0f the medical or healthcare expenses is limited to the amount actually paid or incurred by 0r on behalf 0f the Plaintiffs. IV. 1m Pursuant t0 Tex. R. CiV. P. 193.7, this will serve as formal written notice 0f Defendant’s intent to use at trial any and all documents that have been produced in response to any formal (20-313) Becerra v. Sharyland ISD Sharyland ISD’s Original Answer Page 2 of 4 Electronically Filed 8/18/2020 5:21 PM Hidalgo County District Clerks Reviewed By: Alessandra Galvan written discovery request, as well as any documents created and/or produced by Plaintiffs from any source and provided to Defendant. WHEREFORE, PREMISES CONSIDERED, Defendant Sharyland ISD prays that Plaintiffs recover nothing against this Defendant and for such other and further relief, at law or in equity, to which this Defendant may show itselfjustly entitled. Respectfully submitted, Garcia Legal Firm, P.L.L.C. 10125 N. 10th Street, Suite B McAllen, Texas 78504 Telephone: (956) 383-9290 Wm Facsimile: (956) 383-9293 Elizabeth State M. Garcia Bar N0. 24057741 Attorney for Defendant Sharyland ISD (20-3 13) Becerra v. Shaflland ISD Sharyland ISD’s Original Answer Page 3 of 4 Electronically Filed 8/18/2020 5:21 PM Hidalgo County District Clerks Reviewed By: Alessandra Galvan CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on all counsel 0f record 0n the 18th day of August 2020, in accordance with the Texas Rules of Civil Procedure as set forth below: Via E-File Hector Bustos The Law Office of Hector Bustos, PLLC 220 S. Jackson Road Edinburg, Texas 78539 Wmm’ ElizaB’eth M. Garcia (20-3 13) Becerra v. Shaflland ISD Sharyland ISD’s Original Answer Page 4 of 4