Preview
FILED
DALLAS COUNTY
9/1 3/2019 3:52 PM
1 CIT ES FELICIA PITRE
DISTRICT CLERK
DC-1 9-14692
Ang'e Awna
CAUSE No.
N0.
GREENER CITY GROUP, INC, AND g3 1N THE DISTRICT COURT
@@
GCG-RICCA JV, LLC., §
Plaintiffs, §
§ J-191ST
v. g3 JUDICIAL DISTRICT
@@@@%@9®
§
VISIONS INFINITY HOMES, LTD,
LTD., g3
§
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFFS’ ORIGINAL PETITION
Greener City Group, Inc. and GCG-Ricca JV, LLC (collectively, “Plaintiffs”) file
this original petition complaining of Visions Infinity Homes, Ltd. (“Defendant”) and for
their cause of action would respectfully show
0f this Court as follows:
I. DISCOVERY
1. Discovery is t0 be conducted under Level 2 of Texas Rule of
intended to
Civil Procedure 190.3.
II. PARTIES
2. Plaintiff Greener City Group, Inc. (“Greener”) is a Texas corporation
whose principal office is located in Dallas, Texas.
3. Plaintiff GCG-chca
GCG-Ricca JV, LLC (“GCG”) is a Texas limited liability
company.
4. Defendant Visions Infinity Homes, Ltd (“Visions” 0r “Defendant”) is a
Texas limited partnership which may with process by service upon
be served With its
registered agent, Ruben Zuniga, located at 5201 Collin McKinney Parkway, McKinney,
Texas, 75070.
III. VENUE
5. Venue is proper in Dallas County pursuant to Tex. Civ. Prac. & Rem.
Code § 15.011 because this action seeks to enforce a contract with respect to certain real
property located in Dallas County, Texas.
IV. RULE 47 STATEMENT
6. Plaintiffs seek monetary relief of in excess of $200,000 and less that a
$1,000,000 and/or non-monetary relief.
V. DISCLOSURE OF RELATED CASE
7. The present matter (the “Current Case”) is related to Ruben Zuniga and
Visions Infinity Homes, Ltd. v. Greener City Group, Inc., Park Cities Partners, LLC
d/b/a Keller Williams Dallas Park Cities, Theodore Drew Colon, individually, Jacob D.
Moss, individually, and GCG-Ricca JV, LLC, Cause No. DC-16-04680, pending in the
68th Judicial District of Dallas County, Texas (the “Older Case”). Under Texas Rule of
Civil Procedure 174(a) and Dallas County Local Rule 1.04, when actions involving a
common question of law or fact are pending before the court, the matters at issue in the
actions may be consolidated to avoid unnecessary costs or delay. See Tex. R. Civ. P.
174(a) and Dallas County Local Rules 1.04. Because of the overlap in the involved
parties and any common questions of law and fact, judicial efficiency warrants the
transfer of the Current Case to the court where the Older Case is pending, as the 68th
Judicial District Court is already knowledgeable about the facts surrounding the events
and parties involved. The Current Case is so related to the Older Case and arises out of
the same facts such that a transfer would prevent delay and promote convenience of the
parties and the Court.
VI. FACTS
8. Greener entered into a contract with Visions to purchase real property (the
“Property”) with a street address of 5925 Oram Street, Dallas, County of Dallas, Texas,
75206. The legal description of the Property is set forth on Exhibit “A” attached
hereto.
9. A copy of the Memorandum of Contract (“Memorandum”) dated April 7,
2016, documenting that Greener entered into a Contract of Sale (the “Contract”) with
Visions dated January 28, 2016, in connection with the purchase of the Property is
attached hereto as Exhibit “B” and incorporated herein by this reference.
10. Pursuant to an amendment to the Contract, the closing date for the
Property was extended to April 22, 2016. The Memorandum was filed in the real
property records of Dallas County, Texas.
11. The Contract granted Greener an option to purchase the Property.
12. Greener exercised its option to purchase the Property in accordance with
the terms of the Contract.
13. On or about April 21, 2016, Greener assigned certain rights in the Contract
to GCG.
14. Visions and Greener (and thus, assignee GCG) entered into a written
contract pursuant to which Visions agreed to sell the Property to Greener (and thus,
assignee GCG) and Greener (and thus, assignee GCG) agreed to purchase the Property
from Visions. The Contract is a valid and enforceable agreement between Visions and
Greener (and thus, assignee GCG).
15. Notwithstanding the existence of the binding Contract between Visions
and Greener (and thus, GCG), Visions purported to convey the Property to Granite RE
Holdings, LLC (“Granite”) by warranty deed (the “Warranty Deed”) dated January 10,
2017. The Warranty Deed is attached hereto as Exhibit “C” and incorporated herein by
this reference. Plaintiffs’ wrongful termination of the Contract constitutes a repudiation
and breach of the Contract.
COUNT ONE – SPECIFIC PERFORMANCE
16. Plaintiffs hereby sue to enforce specific performance of the Contract.
17. Plaintiffs have performed all of the obligations imposed on them by the
Contract except payment of the purchase price, which was tendered but Defendant
refused to accept. Plaintiffs remain ready, willing, and able to pay Defendant the agreed
purchase price.
18. Plaintiffs hereby request that this Court enter a decree of specific
performance compelling Defendant to convey the Property to Plaintiffs in accordance
with the terms of the Contract.
COUNT TWO – BREACH OF CONTRACT (plead in the alternative)
19. Alternatively, Plaintiffs sue Defendant for breach of contract.
20. Defendant and Plaintiffs contracted for Defendant to sell the Property to
Plaintiffs.
21. Defendant has breached the Contract with Plaintiffs.
22. As a direct and proximate result of Defendant’s breach of the Contract,
Plaintiffs have suffered damages in excess of the minimum jurisdictional limits of this
Court.
23. Additionally, as a result of Defendant’s breach of contract, Plaintiffs have
suffered additional and special damages in the form of lost profits that Plaintiffs would
have earned if Defendant had not breached the Contract. The amount of these lost
profits is in excess of the minimum jurisdictional limits of this Court.
COUNT THREE – ATTORNEY’S FEES
24. As a result of Defendant’s breach of the Contract, which provides for the
recovery of attorney’s fees, and under Chapter 38 of the Texas Civil Practices and
Remedies Code, Plaintiffs are entitled to recover their reasonable attorneys’ fees
incurred in connection with the enforcement of their rights under the Contract.
CONDITIONS PRECEDENT
25. All conditions precedent to Plaintiffs’ right to recovery have been
performed, satisfied, excused, and/or waived.
VII. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that
Defendant be cited to appear and answer, and that upon final trial of this cause, recover
judgment as follows:
1. A decree of specific performance against Defendant;
2. Alternatively, a judgment for actual and special damages in excess of the minimum
jurisdictional limits of this Court against Defendant for breach of contract;
3. Judgment for Plaintiffs reasonable attorney’s fees;
4. Prejudgment interest;
5. Post-judgment interest;
6. Costs of court and expenses; and
7. Such other and further relief, legal and/or equitable, as to which Plaintiffs may be
justly entitled.
Respectfully submitted,
WOLF & HENDERSON, P.C.
by: /s/ William L. Wolf
William L. Wolf
State Bar No. 21854500
BWolf@wolf-law.com
4309 Irving Avenue, Suite 200
Dallas, Texas 75219
(214) 750-1395 (telephone)
(214) 368-1395 (facsimile)
ATTORNEYS FOR PLAINTIFFS
EXHIBIT A
EXHIBIT
EXHIBIT "A"
“A”
Legal
Legal Description
Descriptiou
Being Lot
Lot 18
18 in
in Block
Block 25/1914
25H 914 of
of Belmont
Belmont Addition,
Addition, an
an Addition
Addition to the City
to the City of
of Dallas,
Dallas, Dallas
Dallas
Cowity,
County, Texas,
Texas, according
according to the Map thereofrecorded
to the thereof recorded in
in Volume
Volume 124,
124, Page
Page 16,
16, Deed
Deed Records,
Records,
Dallas County,
Dallas County, Texas.
Texas.
EXHIBITB
EXHIBIT B
51073119099? ELECTRONICALLY RECORDED 201600090347
Lawymgw 04/07/2016
04!07!2016 08:34:41
08:34:41 AM MEMO 1/2
112
MEMORANDUM Of
0F CONTRACT
This
This M0morandum
Memorandum of of CONTRACT is is made this
this __k_
g day
day of April, 2016,
2016, by Greener City
of April. by City
Group, inc.. a
Group, inc., a Texas
Texas corporation
corporation ("Purchaser").
("Purchaser").
WITNESSETH:
Purchaser
Purchaser and
and Seller
Seller have
have entered
entered into
into a
a Contract
Contract of of Sale
Sale (the
(the "Contract'')
"Contracl") dated
January
January 28,
28. 2016,
2016. whereby
whereby Seller
Seller has
has contracted
contracted with
with Purchaser
Purchaser for
for the
the sale
sale of
of th
the real property
e real property (the
{the
"Property"),
"Property'J. with
with the
the address of 5925
address of 5925 Oram
Dram Street,
Street, Dallas,
Dallas. County
County of of Dallas,
Dallas. State
State of0f Texas,
Texas. 75206,
75206. the
legal description of which Property is set forth on Ext!iblt "~'.'. attached hereto.
This
This Memorandum of of Contract
Contract is
is solely
solely for
for notice
notice and
and recording
recording purposes and shall
shall not be
construed to alter
construed to alter modify,
modify, expand,
expand, diminish
diminish oror supplement
supplement thethe provisions
provisions of the Contract.
ofme Contract. In
In the
the event of
any
any inconsistency
inconsistency between
between the
the provisions
provisions of
of this
this Memorandum of of Contract
Contract and the
[he provisions of the
ofthe
Contract,
Contract, the
the provisions
provisions of
of the
the Contract
Contract shall
shall govern.
govern
IN WITNESS WHEREOF, this
IN Memorandum of
this Memorandum of Contract
Contract has
has been
been duly executed by
duly executed by the
the parties
parties
hereto as
hereto as of
of the
the day
day and
and year
year first
first above written.
wriflen.
the ____b_
EXECUTED the day of
{a day of April,
April, 2016.
2016.
Purchaser:
Purchaser:
Greener City Group,
Greener City Group, Inc.,
|nc.,
aa Texas corporation
corporation
By:
Name: Theodore
Theodore Drew Colon
Its:
Its: Director,
Director] President
President
CORPORATE
CORPORA TE ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DALLAS
Colon,
This
This instrument
instrument was acknowledged
acknowledged before
before me on the
the [a dayday of
of April 2016. by
April 2016, 1t-.
by Theodore Drew
acting In
Colon‘ as
as the
the Directo
Directorr and
and President
Preaident of
of Greener
Greener City
Cify Group,
Group. Inc.,
Ina, aa Texas
Texas corporation,
corporation. acting In the
the
capacity
capaciiy herein
herein stated
stated on
on behalf
behalf of
of said
said entity.
entity.
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GENERAL PARTNER
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'RCBI'NIC' DlLl-nh' DOG! 000010521 DIE!) UAIIIIZUL‘J' Vull DUBODL‘D Plael Uflflflll f‘afidll J 0f 3
(.Acknowledgment)
(Acknowledgment)
0F lg~_
THE STATE OF
COUNTY or— _ ffil.LQ¢,__ .
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This ll'IStrument was acknowledged
Thlslnstmrnentuns
RUBEN ZUNIGA,
acknmdedgea before
ZUHIGA. PRESIDENT
before me
rna on
PRESlDENT OF Z INFINllY
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1he (U day
onma of
days!
INFINITY INVESTMENTS,
INESWENTS. INC.,
1 ~ .~-
jm‘d 11m. by
by
INC" A
A TEXAS CORPORATION,
CORPORATION.
BEHALF OF SAID
PARTNER OF VISIONS INFINITY
GENERAL PARTNER
3ND LIMITED
INFINITY HOMES,
LIMITED PARTNERSHIP.
PARTNERSHIP.
HOMES. LTD., Tm
LTD. A TEXAS LIMITED
LIIIITED PARTNERSHIP,
PARTNERSHIP, ON
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NOTICE: This document afiecls your legal righrls. Read It ca
Re.id refutty before
careflmy
it before s ig rii ng.
signing.
AFTER RECORDING REfllR
AFTER RECORDING
GRANITE RE
GRANITE
RETURN
RE HOLDINGS.
NTO:
TD:
L Lc. A TE.AAS
H LDINGS. LLC, IEXAs LIMITED
LIMITED Egg: aim:ER
NEWMI\N & lAI-.I.ER
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PREPAAE.D IN T~ 1AW Ofl'JCE
arm: O~:0F;
LIABILITY
LInmu-nr COMPANY
coggmy A
A PROFESSIONAL
PROFESSIONAL LIM!TEO
LwrrED LIABlLllY
Llnaluw COMPANY
company
P.O. BOX 141312 AttORNE\'S
ATTORNEYS AT LAWLAW
EflLBAgx-ljgig
DALLAS, TEXAS 7521~ 2w BAILEY
2CO BAILEY AVE.,
AVE. SUITE mu
SUITE 100
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75 2 14 FORT mam rim
Font WOFllli. TEXAS 76107
751 or
Flied
Flled and Recorded
Recorded
Official
Official Public
Public Records
Records
John F.F. Warren,
Warren, County
County Clerk
Clerk
Dallas
Dallas County,
County, TEXAS
01/11/2017
01!11!2017 02:46:57
02:46:57 PM
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