On August 24, 2023 a
Response - TO DEFENDANT'S PLEA TO THE JURISDICTION AND MOTION TO DISMISS
was filed
involving a dispute between
Trevino Moncayo, Jesus, Jr.,
and
Moncayo Marroquin, Maricela,
for Real Property - Other Real Property (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
12/13/2023 1:07 PM
Hidalgo County District Clerks
Reviewed By: Dianira Leal
CAUSE NO. C-3437-23-D
JESUS E. MONCAYO ! IN THE DISTRICT COURT
!
! 206th JUDICIAL DISTRICT
v. !
!
MARICELA MONCAYO MARROQUIN ! HIDALGO COUNTY, TEXAS
RESPONSE TO DEFENDANT’S PLEA TO THE JURISDICTION AND MOTION TO
DISMISS
NOW COMES Plaintiff in the above entitled and numbered cause, and pursuant to
the Texas Rules of Civil Procedure, files their Response to Defendant’s Plea to the
Jurisdiction and shows the Court as follows:
1. Plaintiff is Jesus E. Moncayo.
2. Defendant filed her Motion on October 31, 2023 on the grounds the Court has
no jurisdiction to hear this matter.
3. When a defendant asks a court to dismiss a suit, the court must overrule the
motion unless the pleading and the parties’ evidence clearly demonstrates that the court
lacks jurisdiction Sw. Bell Tel. L.P. v Emmett, 4459 S. W. 3d 578, 587-88 (Tex. 2015). In
ruling on the motion, a court is required to construe the pleadings in the plaintiff’s favor.
Tex. Ass’n of Bus. v. Tex. Air Control Bd. 852 S.W. 2d 440, 446 (Tex. 1993).
4. Plaintiff filed a cause of action for Trespass to Try Title and in the alternative a
Plea in Partition concerning two deeds executed by Maria Guadalupe Moncayo. A
General Warranty Gift Deed set forth as Exhibit A (hereafter referred to as Deed #1)
conveyed the property at question to Jesus Trevino Moncayo, when her intent was to
transfer the property to her son Jesus E. Moncayo. On February 14 ,2022, Maria
Guadalupe Moncayo signed a Corrected Deed attached as Exhibit B (hereafter referred
to as Deed #2) in which she transferred the property to Plaintiff Jesus E. Moncayo and
her daughter, Defendant Maricela Moncayo Marroquin.
Electronically Filed
12/13/2023 1:07 PM
Hidalgo County District Clerks
Reviewed By: Dianira Leal
5. The Defendant filed a Plea to the Jurisdiction alleging Plaintiff sued the incorrect
individual.
6. Plaintiff is suing Defendant because this second deed was prepared at
the behest of and with the duress of Defendant. Maria Guadalupe Moncayo was informed
by Defendant that she needed to correct the deed without informing the Grantor that her
name was included. Defendant is now asserting a right in this property pursuant to Deed
#2. See attached Exhibit C, affidavit of Maria Guadlupe Moncayo.
7. Plaintiffs position is that the first deed is valid and can be corrected to her son’s
name as was the Grantors intent. A correction Deed can only be used to make
nonmaterial changes such as an addition, correction, or clarification of a party’s name
including the spelling of a name, a first or middle name or initial. Section 5.028, Texas
Property Code.
8. Plaintiff is suing Defendant because she is claiming an interest in property
pursuant to a document that was prepared at her behest due to Defendant’s duress and
fraud.
9. The purpose of this lawsuit is to declare the second deed void and remove
Defendant’s name from the deed, a deed under which she is claiming an ownership
interest and right of possession.
WHEREFORE, Plaintiff prays that Defendants Plea to the Jurisdiction be denied
or in the alternative that Plaintiff be allowed an opportunity to amend his lawsuit.
Respectfully submitted,
LAW OFFICE OF JUAN E. GONZALEZ,
PLLC
3110 E. Bus. Hwy 83
Weslaco, Texas 78596
Tel: (956) 447-5585
Fax: (956) 447-8637
juanegonzalez@jeglaw.net
Electronically Filed
12/13/2023 1:07 PM
Hidalgo County District Clerks
Reviewed By: Dianira Leal
/s/ Juan E. Gonzalez____
JUAN E. GONZALEZ
State Bar No. 08121800
CERTIFICATE OF SERVICE
I, JUAN E. GONZALEZ, do certify that on this 13th day of December 2023, a true and
correct copy of the above and foregoing document has been served upon Defendant’s attorney,
by electronic filing at fbolivarez@sbcglobal.net
_/s/ Juan E. Gonzalez____________
JUAN E. GONZALEZ
Document Filed Date
December 13, 2023
Case Filing Date
August 24, 2023
Category
Real Property - Other Real Property (OCA)
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Preview
Electronically Filed 12/13/2023 1:07 PM Hidalgo County District Clerks Reviewed By: Dianira Leal CAUSE NO. C-3437-23-D JESUS E. MONCAYO ! IN THE DISTRICT COURT ! ! 206th JUDICIAL DISTRICT v. ! ! MARICELA MONCAYO MARROQUIN ! HIDALGO COUNTY, TEXAS RESPONSE TO DEFENDANT’S PLEA TO THE JURISDICTION AND MOTION TO DISMISS NOW COMES Plaintiff in the above entitled and numbered cause, and pursuant to the Texas Rules of Civil Procedure, files their Response to Defendant’s Plea to the Jurisdiction and shows the Court as follows: 1. Plaintiff is Jesus E. Moncayo. 2. Defendant filed her Motion on October 31, 2023 on the grounds the Court has no jurisdiction to hear this matter. 3. When a defendant asks a court to dismiss a suit, the court must overrule the motion unless the pleading and the parties’ evidence clearly demonstrates that the court lacks jurisdiction Sw. Bell Tel. L.P. v Emmett, 4459 S. W. 3d 578, 587-88 (Tex. 2015). In ruling on the motion, a court is required to construe the pleadings in the plaintiff’s favor. Tex. Ass’n of Bus. v. Tex. Air Control Bd. 852 S.W. 2d 440, 446 (Tex. 1993). 4. Plaintiff filed a cause of action for Trespass to Try Title and in the alternative a Plea in Partition concerning two deeds executed by Maria Guadalupe Moncayo. A General Warranty Gift Deed set forth as Exhibit A (hereafter referred to as Deed #1) conveyed the property at question to Jesus Trevino Moncayo, when her intent was to transfer the property to her son Jesus E. Moncayo. On February 14 ,2022, Maria Guadalupe Moncayo signed a Corrected Deed attached as Exhibit B (hereafter referred to as Deed #2) in which she transferred the property to Plaintiff Jesus E. Moncayo and her daughter, Defendant Maricela Moncayo Marroquin. Electronically Filed 12/13/2023 1:07 PM Hidalgo County District Clerks Reviewed By: Dianira Leal 5. The Defendant filed a Plea to the Jurisdiction alleging Plaintiff sued the incorrect individual. 6. Plaintiff is suing Defendant because this second deed was prepared at the behest of and with the duress of Defendant. Maria Guadalupe Moncayo was informed by Defendant that she needed to correct the deed without informing the Grantor that her name was included. Defendant is now asserting a right in this property pursuant to Deed #2. See attached Exhibit C, affidavit of Maria Guadlupe Moncayo. 7. Plaintiffs position is that the first deed is valid and can be corrected to her son’s name as was the Grantors intent. A correction Deed can only be used to make nonmaterial changes such as an addition, correction, or clarification of a party’s name including the spelling of a name, a first or middle name or initial. Section 5.028, Texas Property Code. 8. Plaintiff is suing Defendant because she is claiming an interest in property pursuant to a document that was prepared at her behest due to Defendant’s duress and fraud. 9. The purpose of this lawsuit is to declare the second deed void and remove Defendant’s name from the deed, a deed under which she is claiming an ownership interest and right of possession. WHEREFORE, Plaintiff prays that Defendants Plea to the Jurisdiction be denied or in the alternative that Plaintiff be allowed an opportunity to amend his lawsuit. Respectfully submitted, LAW OFFICE OF JUAN E. GONZALEZ, PLLC 3110 E. Bus. Hwy 83 Weslaco, Texas 78596 Tel: (956) 447-5585 Fax: (956) 447-8637 juanegonzalez@jeglaw.net Electronically Filed 12/13/2023 1:07 PM Hidalgo County District Clerks Reviewed By: Dianira Leal /s/ Juan E. Gonzalez____ JUAN E. GONZALEZ State Bar No. 08121800 CERTIFICATE OF SERVICE I, JUAN E. GONZALEZ, do certify that on this 13th day of December 2023, a true and correct copy of the above and foregoing document has been served upon Defendant’s attorney, by electronic filing at fbolivarez@sbcglobal.net _/s/ Juan E. Gonzalez____________ JUAN E. GONZALEZ