On October 06, 2023 a
General Denial, Filed - DEFENDNAT SOLCIUS, LLC'S AND AFFIRMATIVE AND OTHER DEFENSES
was filed
involving a dispute between
Ramos, Alma,
Ramos, Indara,
and
Gomez, Cristian,
Meraki Solar, Llc.,
Solcius Llc.,
for All Other Civil Cases (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
12/8/2023 3:01 PM
Hidalgo County District Clerks
Reviewed By: Dianira Leal
CAUSE NO. C-4172-23-D
ALMA RAMOS and § IN THE DISTRICT COURT
INDARA RAMOS §
§
§
Plaintiffs, §
§
v. § HIDALGO COUNTY, TEXAS
§
MERAKI SOLAR, LLC, SOLCIUS, LLC, §
and §
CRISTIAN GOMEZ §
§
§
Defendants. § 206TH JUDICIAL DISTRICT
DEFENDANT SOLCIUS, LLC’S
GENERAL DENIAL AND AFFIRMATIVE AND OTHER DEFENSES
Defendant Solcius, LLC (“Solcius” or “Defendant”) files its Original Answer and General
Denial and would respectfully show the Court as follows:
I. GENERAL DENIAL
1. Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant generally
denies each and every material allegation in Plaintiffs’ Original Petition, including denying that
all conditions precedent have been performed by Plaintiffs. Defendant demands strict proof of
Plaintiffs’ allegations, and to the extent that such matters are questions of fact, says that Plaintiffs
should prove such facts by a preponderance of the evidence, clear and convincing evidence, or
such other evidence as the law may require. Solcius reserves the right to file amended and/or
supplemental pleadings in this case in accordance with the Texas Rules of Civil Procedures.
II. AFFIRMATIVE AND OTHER DEFENSES
2. Defendant affirmatively pleads that this dispute is subject to arbitration per an
agreement between this Defendant and Plaintiffs. Defendant’s filing of this document is not
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Electronically Filed
12/8/2023 3:01 PM
Hidalgo County District Clerks
Reviewed By: Dianira Leal
intended, and shall not be construed, to constitute any waiver of Defendant’s right to move to
compel arbitration consistent with Defendant and Plaintiffs’ express agreement to the same.
3. Defendant pleads that Plaintiffs have failed to state a claim for which relief may be
granted.
4. Defendant pleads that Plaintiffs have failed to identify and plead any of their claims
with sufficient allegations to satisfy Texas’ notice pleading standards.
5. Defendant pleads that Plaintiffs have failed to plead a legal basis for their purported
application of joint and several liability.
6. Defendant affirmatively pleads that Plaintiffs’ claims are respectively barred by the
applicable statutes of limitations.
7. Defendant affirmatively pleads that Plaintiffs’ contractual claims, in law and in
equity, are barred by the statute of frauds.
8. Defendant affirmatively pleads that Plaintiffs’ alleged damages were the result of
the acts of a third party outside the control of this Defendant.
9. Defendant affirmatively pleads that any misrepresentation made by Defendant(s)
in the course of its dealings with Plaintiffs was innocent.
10. Defendant affirmatively pleads Plaintiffs have failed to mitigate their own
damages.
11. Defendant asserts that Plaintiffs’ own acts or omissions contributed to Plaintiffs’
injury.
12. Defendant affirmative pleads that its good-faith reliance on counsel’s advice
negates any finding of malice.
13. Defendant affirmatively pleads the defense of waiver.
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Electronically Filed
12/8/2023 3:01 PM
Hidalgo County District Clerks
Reviewed By: Dianira Leal
14. Defendant affirmatively pleads the defense of ratification.
15. Defendant affirmatively pleads that Plaintiffs’ promissory estoppel claim is barred
because a valid, express contract governs the relationship between the parties.
16. Defendant affirmatively pleads that its liability is limited by contract.
17. Defendant affirmatively pleads that Plaintiffs’ fraud and related claims are barred
by contractual disclaimer.
18. Defendant affirmatively pleads that Plaintiffs have not given the notice required
under TEX. BUS. & COM. CODE § 17.505.
19. Defendant reserves the right to amend and/or supplement the foregoing affirmative
defenses as necessary and as additional facts are made known and reserves the right to
subsequently move to compel arbitration consistent with Defendant and Plaintiffs’ prior
agreement.
III. PRAYER
20. Defendant respectfully requests that Plaintiffs take nothing by this suit and that
Defendant be granted all other relief to which it is justly entitled.
Dated: December 8, 2023 Respectfully submitted,
/s/ Katherine P. Chiarello
Katherine P. Chiarello
State Bar No. 24006994
katherine@bccaustin.com
Kayna Stavast Levy
State Bar No. 24079388
kayna@bccaustin.com
BOTKIN CHIARELLO CALAF, PLLC
1209 Nueces Street
Austin, Texas 78701
T: (512) 960-4524
F: (737) 289-4695
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Electronically Filed
12/8/2023 3:01 PM
Hidalgo County District Clerks
Reviewed By: Dianira Leal
ATTORNEYS FOR DEFENDANT
SOLCIUS, LLC
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this document was electronically served on all
counsel of record using an approved State of Texas e-filing system on December 8, 2023.
/s/ Kayna Stavast Levy
Kayna Stavast Levy
4
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.
Joy Bresnahan on behalf of Katherine Chiarello
Bar No. 24006994
joy@bccaustin.com
Envelope ID: 82399629
Filing Code Description: Answer
Filing Description: Defendant Solcius LLC's General Denial and
Affirmative and Other Defenses
Status as of 12/8/2023 3:07 PM CST
Associated Case Party: MERAKI SOLAR, LLC.
Name BarNumber Email TimestampSubmitted Status
M. BlakeDowney bdow@scotthulse.com 12/8/2023 3:01:23 PM SENT
Georgina Gallegos ggal@scotthulse.com 12/8/2023 3:01:23 PM SENT
Guy McGunegle gmcg@scotthulse.com 12/8/2023 3:01:23 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
BRANDON KINARD KGS@KGSLAWGROUP.COM 12/8/2023 3:01:23 PM SENT
Associated Case Party: SOLCIUS LLC.
Name BarNumber Email TimestampSubmitted Status
Kayna StavastLevy kayna@bccaustin.com 12/8/2023 3:01:23 PM SENT
Tracy Engle tracy@bccaustin.com 12/8/2023 3:01:23 PM SENT
Katherine P.Chiarello katherine@bccaustin.com 12/8/2023 3:01:23 PM SENT
Joy Bresnahan joy@bccaustin.com 12/8/2023 3:01:23 PM SENT
Document Filed Date
December 08, 2023
Case Filing Date
October 06, 2023
Category
All Other Civil Cases (OCA)
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Electronically Filed 12/8/2023 3:01 PM Hidalgo County District Clerks Reviewed By: Dianira Leal CAUSE NO. C-4172-23-D ALMA RAMOS and § IN THE DISTRICT COURT INDARA RAMOS § § § Plaintiffs, § § v. § HIDALGO COUNTY, TEXAS § MERAKI SOLAR, LLC, SOLCIUS, LLC, § and § CRISTIAN GOMEZ § § § Defendants. § 206TH JUDICIAL DISTRICT DEFENDANT SOLCIUS, LLC’S GENERAL DENIAL AND AFFIRMATIVE AND OTHER DEFENSES Defendant Solcius, LLC (“Solcius” or “Defendant”) files its Original Answer and General Denial and would respectfully show the Court as follows: I. GENERAL DENIAL 1. Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant generally denies each and every material allegation in Plaintiffs’ Original Petition, including denying that all conditions precedent have been performed by Plaintiffs. Defendant demands strict proof of Plaintiffs’ allegations, and to the extent that such matters are questions of fact, says that Plaintiffs should prove such facts by a preponderance of the evidence, clear and convincing evidence, or such other evidence as the law may require. Solcius reserves the right to file amended and/or supplemental pleadings in this case in accordance with the Texas Rules of Civil Procedures. II. AFFIRMATIVE AND OTHER DEFENSES 2. Defendant affirmatively pleads that this dispute is subject to arbitration per an agreement between this Defendant and Plaintiffs. Defendant’s filing of this document is not 1 Electronically Filed 12/8/2023 3:01 PM Hidalgo County District Clerks Reviewed By: Dianira Leal intended, and shall not be construed, to constitute any waiver of Defendant’s right to move to compel arbitration consistent with Defendant and Plaintiffs’ express agreement to the same. 3. Defendant pleads that Plaintiffs have failed to state a claim for which relief may be granted. 4. Defendant pleads that Plaintiffs have failed to identify and plead any of their claims with sufficient allegations to satisfy Texas’ notice pleading standards. 5. Defendant pleads that Plaintiffs have failed to plead a legal basis for their purported application of joint and several liability. 6. Defendant affirmatively pleads that Plaintiffs’ claims are respectively barred by the applicable statutes of limitations. 7. Defendant affirmatively pleads that Plaintiffs’ contractual claims, in law and in equity, are barred by the statute of frauds. 8. Defendant affirmatively pleads that Plaintiffs’ alleged damages were the result of the acts of a third party outside the control of this Defendant. 9. Defendant affirmatively pleads that any misrepresentation made by Defendant(s) in the course of its dealings with Plaintiffs was innocent. 10. Defendant affirmatively pleads Plaintiffs have failed to mitigate their own damages. 11. Defendant asserts that Plaintiffs’ own acts or omissions contributed to Plaintiffs’ injury. 12. Defendant affirmative pleads that its good-faith reliance on counsel’s advice negates any finding of malice. 13. Defendant affirmatively pleads the defense of waiver. 2 Electronically Filed 12/8/2023 3:01 PM Hidalgo County District Clerks Reviewed By: Dianira Leal 14. Defendant affirmatively pleads the defense of ratification. 15. Defendant affirmatively pleads that Plaintiffs’ promissory estoppel claim is barred because a valid, express contract governs the relationship between the parties. 16. Defendant affirmatively pleads that its liability is limited by contract. 17. Defendant affirmatively pleads that Plaintiffs’ fraud and related claims are barred by contractual disclaimer. 18. Defendant affirmatively pleads that Plaintiffs have not given the notice required under TEX. BUS. & COM. CODE § 17.505. 19. Defendant reserves the right to amend and/or supplement the foregoing affirmative defenses as necessary and as additional facts are made known and reserves the right to subsequently move to compel arbitration consistent with Defendant and Plaintiffs’ prior agreement. III. PRAYER 20. Defendant respectfully requests that Plaintiffs take nothing by this suit and that Defendant be granted all other relief to which it is justly entitled. Dated: December 8, 2023 Respectfully submitted, /s/ Katherine P. Chiarello Katherine P. Chiarello State Bar No. 24006994 katherine@bccaustin.com Kayna Stavast Levy State Bar No. 24079388 kayna@bccaustin.com BOTKIN CHIARELLO CALAF, PLLC 1209 Nueces Street Austin, Texas 78701 T: (512) 960-4524 F: (737) 289-4695 3 Electronically Filed 12/8/2023 3:01 PM Hidalgo County District Clerks Reviewed By: Dianira Leal ATTORNEYS FOR DEFENDANT SOLCIUS, LLC CERTIFICATE OF SERVICE I certify that a true and correct copy of this document was electronically served on all counsel of record using an approved State of Texas e-filing system on December 8, 2023. /s/ Kayna Stavast Levy Kayna Stavast Levy 4 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. Joy Bresnahan on behalf of Katherine Chiarello Bar No. 24006994 joy@bccaustin.com Envelope ID: 82399629 Filing Code Description: Answer Filing Description: Defendant Solcius LLC's General Denial and Affirmative and Other Defenses Status as of 12/8/2023 3:07 PM CST Associated Case Party: MERAKI SOLAR, LLC. Name BarNumber Email TimestampSubmitted Status M. BlakeDowney bdow@scotthulse.com 12/8/2023 3:01:23 PM SENT Georgina Gallegos ggal@scotthulse.com 12/8/2023 3:01:23 PM SENT Guy McGunegle gmcg@scotthulse.com 12/8/2023 3:01:23 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status BRANDON KINARD KGS@KGSLAWGROUP.COM 12/8/2023 3:01:23 PM SENT Associated Case Party: SOLCIUS LLC. Name BarNumber Email TimestampSubmitted Status Kayna StavastLevy kayna@bccaustin.com 12/8/2023 3:01:23 PM SENT Tracy Engle tracy@bccaustin.com 12/8/2023 3:01:23 PM SENT Katherine P.Chiarello katherine@bccaustin.com 12/8/2023 3:01:23 PM SENT Joy Bresnahan joy@bccaustin.com 12/8/2023 3:01:23 PM SENT