Preview
FILED
12/28/2022 8:08 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Scott Anders DEPUTY
CAUSE NO. DC-22—15189
XL FUNDING, LLC. AND AUCTION § IN THE DISTRICT COURT
CREDIT ENTERPRISES, LLC. §
§
Plaintiffs. §
§
V. § 193'“ JUDICIAL DISTRICT 0F
§
BULLSEYE MOTORS, INC., JACOB §
D. GALYATH, AND KAZUKO KAY §
GALYATH §
§
Defendants. § DALLAS COUNTY, TEXAS
DEFENDANTS’ ORIGINAL ANSWER. AND
PLEA OF PRIVILEGE AND MOTION TO TRANSFER VENUE
NOW COMES Defendants, Bullseye Motors, Inc., Jacob D. Galyath, and Kazuko “Kay”
Galyath named Defendants in the above-entitled and numbered cause, and SUBJECT TO THE
COURT'S RULING ON DEFENDANT'S MOTION TO TRANSFER CHALLENGING PROPER
VENUE, files this Original Answer, Plea of Privilege and Motion to Transfer Venue, and Plea to
the Jurisdiction, and shows the Court:
PARTY IDENTIFICATION INFORMATION
Bullseye Motors is a Texas corporation, authorized to do business in the State of Texas
whose principal office is Comal County, and Defendants Jacob D. Galyath, and Kazuko Galyath
do business in Comal County, Texas.
PLEA OF PRIVILEGE AND MOTION TO TRANSFER VENUE
1. The county where Plaintiffs filed this suit is not the proper venue for this cause.
Defendants specifically deny the following allegation of venue:
a. No proof or allegations were made that this contract was to be performed in
DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE
Dallas County.
2. Defendants claim venue is mandatory in Comal County or in the alternative,
Guadalupe County where defendants Kazuko Galyath and Jacob Galyath live.
3. Defendants claim Plaintiffs’ choice of county violates the general venue rule Tex.
Civ. Prac. & Rem. Code Section 15.002(a), and the mandatory venue rule Tex. Civ. Prac. Code
Section 64.071, and hereby asserts that venue is proper in Comal County because of the following:
a. All or substantial part of the events giving rise to the cause of action
occurred in Comal County, section 15.002(a)(1).
b. Comal county, or in the alternative Guadalupe County is the situs of
Defendants’ principal office in this state, section 15.002(a)(3) and section 64.071 CPRC.
4. Defendants request a transfer of venue for convenience and in the interest of justice
pursuant to Tex. Civ. Prac. & Rem. Code section 15.002(b), and submits affidavits in
support of same.
a. Defendants claim the parties and Witnesses will be inconvenienced by
Plaintiffs’ choice of Dallas County because Defendants and all its Witnesses are in Comal
County, Texas.
b. Defendants claim maintenance of this suit in Dallas County will work an
economic and personal hardship on the parties and witnesses because the distance is great
to attend all court hearings herein, and because Defendants’ age and health makes it very
difficult to travel (Defendant Kazuko Kay is 80 years old, and Defendant Jacob Galyath is
76 years old and suffers dementia).
Therefore, pursuant to the mandatory venue provisions, pursuant to the general
DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE
venue provisions, and for the reasons cited herein this cause is most appropriate in Comal County
or in the alternative Guadalupe County.
GENERAL DENIAL
5. Defendants deny each allegation of Plaintiffs’ Original Petition, and demands strict
proof thereof as required by the Texas Rules of Civil Procedure.
AFFIRMATIVE DEFENSES
6. Defendants claim Plaintiffs’ suit is barred by the doctrine of collateral estoppels.
7. Defendants claim Plaintiffs’ suit is barred by estoppels.
8. Defendants claim Plaintiffs’ suit is barred by the doctrine of waiver.
9. Proper notice of default was not sent to Defendants.
VERIFIED DENIALS
10. Conditions precedent to the filing of suit have not been satisfied as alleged. Proper
notice of any debt has not been sent to Defendants by Plaintiffs. The pleadings of Plaintiffs are so
vague as to not give Defendant adequate notice of What claim the Plaintiffs are pursuing.
11. Defendants also plead the defense of accord and satisfaction.
ATTORNEY FEES
12. Defendants hereby request recovery of court costs and all future reasonable and
necessary attomey’s fees incurred in connection with the defense of this claim.
PRAYER
Defendants pray the Court will transfer this cause to Comal County or in the alternative
Guadalupe County and will dismiss the Plaintiffs’ Petition and after notice and hearing or trial,
enters judgment in favor of Defendants, awards Defendants the costs of court, attorney‘s fees, and
DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE
such other and further relief as Defendants may be entitled to in law or in equity.
Respectfully submitted,
By: /s/ Kazuko Galvath and for the Defendants
Bullseye Motors, Inc.
Kazuko Galyath
Jacob Galyath
S. Business I-H 35
New Braunfels, Texas 78130
Business Tel.:(830) 620-6633
Pro Se Defendants
CERTIFICATE OF SERVICE
I certify that on December 23, 2022, a true and correct copy of Defendants’ Answer and
Motion to Transfer Venue were served to plaintiffs by using eFile TXCourts. gov service.
/s/ Kazuko Galyath and for the Defendants
Bullseye Motors, Inc.
Kazuko Galyath
Jacob Galyath
Pro Se Defendants
DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE
CAUSE NO. DC-22—15189
XL FUNDING, LLC. AND AUCTION § IN THE DISTRICT COURT
CREDIT ENTERPRISES, LLC. §
§
Plaintiffs, §
§
V. § 193'“ JUDICIAL DISTRICT 0F
§
BULLSEYE MOTORS, INC., JACOB §
D. GALYATH, AND KAZUKO KAY §
GALYATH §
§
Defendants. § DALLAS COUNTY, TEXAS
VERIFICATION
"My name is Kazuko Galyath, individually and collectively for the defendants Bullseye
Motors, Inc., and Jacob Galyath. Defendants’ address is 1750 S. Business IH 35, New Braunfels,
Texas 78130 and the business phone number is (830) 620-6633. I am at least l8 years of age, and
I am fully competent to make this affidavit individually and collectively for the Defendants. I
declare under penalty of peijury that I am personally acquainted with the facts alleged in herein. I
hereby swear that the statements in support of Defendants’ Verified Denials are true and correct."
/s/Kazuko Galvath and for the Defendants
Affiants Bullseye Motors, Inc.
Kazuko Galyath
Jacob Galyath
Pro Se Defendants
DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE
CAUSE NO. DC-22—15189
XL FUNDING, LLC. AND AUCTION § IN THE DISTRICT COURT
CREDIT ENTERPRISES, LLC. §
§
Plaintiffs, §
§
V. § 193’“ JUDICIAL DISTRICT 0F
§
BULLSEYE MOTORS, INC., JACOB §
D. GALYATH, AND KAZUKO KAY §
GALYATH §
§
Defendants. § DALLAS COUNTY, TEXAS
AFFIDAVIT IN SUPPORT OF DEFENDANT'S MOTION TO TRANSFER VENUE
"My name is Kazuko Galyath, individually and collectively for the defendants Bullseye
Motors, Inc., and Jacob Galyath. Dcfcndants’ address is 1750 S. Business IH 35, New Braunfcls,
Texas 78130 and the business phone number is (830) 620-6633. I am at least 18 years of age, and
I am fully competent to make this affidavit. I declare under penalty of perjury that I am personally
acquainted with the facts alleged in herein. I hereby swear that the statements in support of
Defendants’ Motion to Transfer Venue are true and correct.”
/s/ Kazuko Galvath and for the Defendants
Affiants Bullseye Motors, Inc.
Kazuko Galyath
Jacob Galyath
Pro Se Defendants
DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE
a
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 71343299
Status as of 12/29/2022 1:56 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Grace Bregard gbregard@padfieldstout.com 12/28/2022 8:08:48 PM SENT
Jessica Alt jalt@padfieldstout.com 12/28/2022 8:08:48 PM SENT
Shanta NFreeney sfreeney@padfieldstout.com 12/28/2022 8:08:48 PM SENT
Preview
FILED 12/28/2022 8:08 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Scott Anders DEPUTY CAUSE NO. DC-22—15189 XL FUNDING, LLC. AND AUCTION § IN THE DISTRICT COURT CREDIT ENTERPRISES, LLC. § § Plaintiffs. § § V. § 193'“ JUDICIAL DISTRICT 0F § BULLSEYE MOTORS, INC., JACOB § D. GALYATH, AND KAZUKO KAY § GALYATH § § Defendants. § DALLAS COUNTY, TEXAS DEFENDANTS’ ORIGINAL ANSWER. AND PLEA OF PRIVILEGE AND MOTION TO TRANSFER VENUE NOW COMES Defendants, Bullseye Motors, Inc., Jacob D. Galyath, and Kazuko “Kay” Galyath named Defendants in the above-entitled and numbered cause, and SUBJECT TO THE COURT'S RULING ON DEFENDANT'S MOTION TO TRANSFER CHALLENGING PROPER VENUE, files this Original Answer, Plea of Privilege and Motion to Transfer Venue, and Plea to the Jurisdiction, and shows the Court: PARTY IDENTIFICATION INFORMATION Bullseye Motors is a Texas corporation, authorized to do business in the State of Texas whose principal office is Comal County, and Defendants Jacob D. Galyath, and Kazuko Galyath do business in Comal County, Texas. PLEA OF PRIVILEGE AND MOTION TO TRANSFER VENUE 1. The county where Plaintiffs filed this suit is not the proper venue for this cause. Defendants specifically deny the following allegation of venue: a. No proof or allegations were made that this contract was to be performed in DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE Dallas County. 2. Defendants claim venue is mandatory in Comal County or in the alternative, Guadalupe County where defendants Kazuko Galyath and Jacob Galyath live. 3. Defendants claim Plaintiffs’ choice of county violates the general venue rule Tex. Civ. Prac. & Rem. Code Section 15.002(a), and the mandatory venue rule Tex. Civ. Prac. Code Section 64.071, and hereby asserts that venue is proper in Comal County because of the following: a. All or substantial part of the events giving rise to the cause of action occurred in Comal County, section 15.002(a)(1). b. Comal county, or in the alternative Guadalupe County is the situs of Defendants’ principal office in this state, section 15.002(a)(3) and section 64.071 CPRC. 4. Defendants request a transfer of venue for convenience and in the interest of justice pursuant to Tex. Civ. Prac. & Rem. Code section 15.002(b), and submits affidavits in support of same. a. Defendants claim the parties and Witnesses will be inconvenienced by Plaintiffs’ choice of Dallas County because Defendants and all its Witnesses are in Comal County, Texas. b. Defendants claim maintenance of this suit in Dallas County will work an economic and personal hardship on the parties and witnesses because the distance is great to attend all court hearings herein, and because Defendants’ age and health makes it very difficult to travel (Defendant Kazuko Kay is 80 years old, and Defendant Jacob Galyath is 76 years old and suffers dementia). Therefore, pursuant to the mandatory venue provisions, pursuant to the general DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE venue provisions, and for the reasons cited herein this cause is most appropriate in Comal County or in the alternative Guadalupe County. GENERAL DENIAL 5. Defendants deny each allegation of Plaintiffs’ Original Petition, and demands strict proof thereof as required by the Texas Rules of Civil Procedure. AFFIRMATIVE DEFENSES 6. Defendants claim Plaintiffs’ suit is barred by the doctrine of collateral estoppels. 7. Defendants claim Plaintiffs’ suit is barred by estoppels. 8. Defendants claim Plaintiffs’ suit is barred by the doctrine of waiver. 9. Proper notice of default was not sent to Defendants. VERIFIED DENIALS 10. Conditions precedent to the filing of suit have not been satisfied as alleged. Proper notice of any debt has not been sent to Defendants by Plaintiffs. The pleadings of Plaintiffs are so vague as to not give Defendant adequate notice of What claim the Plaintiffs are pursuing. 11. Defendants also plead the defense of accord and satisfaction. ATTORNEY FEES 12. Defendants hereby request recovery of court costs and all future reasonable and necessary attomey’s fees incurred in connection with the defense of this claim. PRAYER Defendants pray the Court will transfer this cause to Comal County or in the alternative Guadalupe County and will dismiss the Plaintiffs’ Petition and after notice and hearing or trial, enters judgment in favor of Defendants, awards Defendants the costs of court, attorney‘s fees, and DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE such other and further relief as Defendants may be entitled to in law or in equity. Respectfully submitted, By: /s/ Kazuko Galvath and for the Defendants Bullseye Motors, Inc. Kazuko Galyath Jacob Galyath S. Business I-H 35 New Braunfels, Texas 78130 Business Tel.:(830) 620-6633 Pro Se Defendants CERTIFICATE OF SERVICE I certify that on December 23, 2022, a true and correct copy of Defendants’ Answer and Motion to Transfer Venue were served to plaintiffs by using eFile TXCourts. gov service. /s/ Kazuko Galyath and for the Defendants Bullseye Motors, Inc. Kazuko Galyath Jacob Galyath Pro Se Defendants DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE CAUSE NO. DC-22—15189 XL FUNDING, LLC. AND AUCTION § IN THE DISTRICT COURT CREDIT ENTERPRISES, LLC. § § Plaintiffs, § § V. § 193'“ JUDICIAL DISTRICT 0F § BULLSEYE MOTORS, INC., JACOB § D. GALYATH, AND KAZUKO KAY § GALYATH § § Defendants. § DALLAS COUNTY, TEXAS VERIFICATION "My name is Kazuko Galyath, individually and collectively for the defendants Bullseye Motors, Inc., and Jacob Galyath. Defendants’ address is 1750 S. Business IH 35, New Braunfels, Texas 78130 and the business phone number is (830) 620-6633. I am at least l8 years of age, and I am fully competent to make this affidavit individually and collectively for the Defendants. I declare under penalty of peijury that I am personally acquainted with the facts alleged in herein. I hereby swear that the statements in support of Defendants’ Verified Denials are true and correct." /s/Kazuko Galvath and for the Defendants Affiants Bullseye Motors, Inc. Kazuko Galyath Jacob Galyath Pro Se Defendants DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE CAUSE NO. DC-22—15189 XL FUNDING, LLC. AND AUCTION § IN THE DISTRICT COURT CREDIT ENTERPRISES, LLC. § § Plaintiffs, § § V. § 193’“ JUDICIAL DISTRICT 0F § BULLSEYE MOTORS, INC., JACOB § D. GALYATH, AND KAZUKO KAY § GALYATH § § Defendants. § DALLAS COUNTY, TEXAS AFFIDAVIT IN SUPPORT OF DEFENDANT'S MOTION TO TRANSFER VENUE "My name is Kazuko Galyath, individually and collectively for the defendants Bullseye Motors, Inc., and Jacob Galyath. Dcfcndants’ address is 1750 S. Business IH 35, New Braunfcls, Texas 78130 and the business phone number is (830) 620-6633. I am at least 18 years of age, and I am fully competent to make this affidavit. I declare under penalty of perjury that I am personally acquainted with the facts alleged in herein. I hereby swear that the statements in support of Defendants’ Motion to Transfer Venue are true and correct.” /s/ Kazuko Galvath and for the Defendants Affiants Bullseye Motors, Inc. Kazuko Galyath Jacob Galyath Pro Se Defendants DEFENDANTS’ ORIGINAL ANSWER AND MOTION TO TRANSFER VENUE a Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 71343299 Status as of 12/29/2022 1:56 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Grace Bregard gbregard@padfieldstout.com 12/28/2022 8:08:48 PM SENT Jessica Alt jalt@padfieldstout.com 12/28/2022 8:08:48 PM SENT Shanta NFreeney sfreeney@padfieldstout.com 12/28/2022 8:08:48 PM SENT