Legal Document: BAA, INC., VS DARIO COVARRUBIAS VERDIN AKA DARIO VERDIN CONVARRUBIAS AND MARIA DEL SOCORRO OCHOA

On May 19, 2022 a Motion for Summary Judgment, Filed - WITH EXHIBIT A-C was filed involving a dispute between Baa Inc, and Covarrubias Verdin, Dario, Ochoa, Mari Del Socorro, for Contract - Consumer/Commercial/Debt (OCA) in the District Court of Hidalgo County.

Preview
Electronically Filed
1/24/2024 9:09 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez

CAUSE NO. C-1854-22-J

BAA, INC., IN THE DISTRICT COURT
Plaintiff
HIDALGO COUNTY, TEXAS
Vs.

DARIO COVARRUBIAS VERDIN A/K/A 430m JUDICIAL DISTRICT
DARIO VERDIN COVARRUBIAS AND
MARIA DEL SOCORRO OCHOA,
Defendant(s)

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE COURT:

BAA, INC. (“P1aintiff’), ﬁles this Plaintiffs Motion for Summary Judgment on its cause

of action against DARIO COVARRUBIAS VERDIN A/K/A DARIO VERDIN COVARRUBIAS

AND MARIA DEL SOCORRO OCHOA (collectively “Defendants”), and asks the Court t0 grant
Summary Judgment against them. In support thereof, Plaintiff respectfully shows the following:

A. INTRODUCTION

1. Plaintiff sued Defendants for the net unpaid balance due 0n a Rental Purchase Agreement

and Disclosures (the “Agreement”) dated October 12, 2021, and for possession 0f a 12 x 40

portable Center Cabin bearing Serial Number USC—129556-1240—121420 (collectively the

“Collateral”), plus additional prejudgment and post-judgment interest, attorney fees and taxable

costs of court.

2. Defendants appeared at the default hearing on June 6, 2023 and indicated he wanted to

surrender the Collateral. Plaintiff scheduled a pick—up time for Defendants t0 surrender the

Collateral and it was inaccessible and full of Defendants belongings.

3. This Motion for Summary Judgment is ﬁled With the Court and served upon Defendants

PLAINTIFF’S MOTION FOR SUMJWARYJUDGMENT
PAGE I 0F5
Electronically Filed
1/24/2024 9:09 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez

at least 21 days before the hearing set for this Motion or before the motion Will be submitted t0 the

Court for consideration without a hearing. For purposes of this Motion only, Plaintiff waives all

causes of action and grounds for judgment not speciﬁcally requested in this Motion.

B. SUMMARY JUDGMENT EVIDENCE
4. Plaintiff attaches t0 this Motion for Summary Judgment the following items of summary

judgment evidence, Which are incorporated herein by reference for all purposes:

Exhibit 1: Contract

Exhibit 2: Afﬁdavit of Spencer Gray in Support 0f Summary Judgment

Exhibit 3: Afﬁdavit of Brett Osborn in support of Attorneys Fees

C. THE FACTS AND CAUSES OF ACTION

5. As set forth in the Afﬁdavit 0f Spencer Gray, 0n or about October 12, 2021, Defendants

executed the Agreement attached t0 his Afﬁdavit as Exhibit A. Plaintiff is entitled to receive all

money due under the terms 0f the Agreement. Thereafter, Defendants defaulted under the

Agreement by failing to make required payments. Plaintiff accelerated the maturity of the

Agreement, and is entitled to possession of the Collateral. Defendants has wrongfully taken

possession and is wrongfully retaining possession of the Collateral.

D. ARGUMENT AND AUTHORITIES
6. When a plaintiff moves for summary judgment on its causes 0f action, it is entitled to

summary judgment if it proves all essential elements of its claims as a matter 0f law. MAJP, Ltd.

v Jones, 710 S.W.2d 59,60 (Tex. 1986). Plaintiff must show there is no genuine issue of material

fact. TEX. R., Clv. P. 166a(c); Lear Siegler, Inc. vPerez, 819 S.W.2d 470,471 (Tex. 1991); Casso

v. Brand, 776 S.W.2d 551,556 (Tex. 1989).
PLAINTIFF’S MOTION FOR SUMMRYJUDGMENT
PAGE 2 0F 5
Electronically Filed
1/24/2024 9:09 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez

7. Plaintiff is entitled to a summary judgment because Plaintiff can prove each element of

its cause 0f action for breach of contract as a matter 0f law. T0 carry its burden, Plaintiff must

prove all elements 0f its causes of action as follows:

a. The Agreement is a valid enforceable Agreement. See Exhibit “A”.

b. Plaintiff fulﬁlled its obligations under the Agreement.

c. A breach of the Agreement has occurred. See Exhibit “B”.

d. The breach 0f the Agreement has caused harm to Plaintiff.

E. DEFENSES

8. Defendants agreed t0 surrender the Collateral and failed to follow through.

F. ALTERNATIVE PARTIAL SUMMARY JUDGMENT

9. In the alternative and if the Court does not grant summary judgment for Plaintiff,

Plaintiff requests the Court t0 grant a partial summary judgment specifying those facts on Which

n0 genuine issue exists and directing such ﬁlrther proceeding in this action.

G. ATTORNEY’S FEES

10. Due to Defendants default, Plaintiff has retained the law ﬁrm 0f Abbott Osborn Jacobs,

PLC t0 enforce its legal rights, and Plaintiff has agreed to pay the undersigned attorneys a

reasonable fee. Due t0 Defendant’s actions in taking a possession 0f the Collateral, and pursuant

to the Declaratory Judgment Act, Plaintiff is entitled to attorney’s fees against Defendants. See

Exhibit “A”. Pursuant t0 the terms 0f the Agreement, or alternatively, pursuant t0 Chapter 38 0f

the Texas Civil Practice and Remedies Code, Plaintiff is entitled to recover reasonable attorney’s

fees, expenses and costs for prosecuting this case.

PLAINTIFF’S MOTIONFOR SUMIIMRYJUDGMENT
PAGE 3 0F5
Electronically Filed
1/24/2024 9:09 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez

11. Should this Motion for Summary Judgment be granted, Plaintiff Will incurred reasonable

attorney’s fees of at least $2,000 in the trial court. Should any Defendant perfect an unsuccessful

appeal to the Court 0f Appeals, additional attorney’s fees of $3,000.00 will be incurred. Should it

be necessary for Plaintiff to make or respond to a Petition for Review in the Supreme Court of

Texas, additional attorney’s fees 0f $3,000.00 Will be reasonable and necessary. Should the

Supreme Court 0f Texas grant a Petition for Review, additional attomey’s fees of $3,000.00 Will

be reasonable and necessary. See the afﬁdavit of Brett T. Osborn, attached as Exhibit “C”.

H. CONCLUSION
12. Plaintiff is entitled t0 summary judgment on its cause of action for a breach of contract

against Defendants, and to the attorney’s fees requested in this Motion.

13. Attached to this Motion is a proposed Final Summary Judgment.

I. PRAYER
Because 0f the foregoing, Plaintiff, BAA, Inc., prays the Court Will grant summary

judgment jointly and severally against Defendants, MARIA OCHOA and DARIO VERDIN, for:

a. For immediate and exclusive possession 0fthe 12 x 40 portable Center
Cabin bearing Serial Number USC—129556-1240—121420, and any writ
necessary t0 recover possession of such Collateral, 0r alternatively and at
Plaintiffs option, judicial foreclosure;

b. For the net unpaid balance due of $9,230.79 as of March 14, 2022;

c. For all costs of Court;

d. For attorney's fees in the amount 0f $1,000.00, plus additional amounts in
the event of any appeals or petitions for review;

e. For post-judgment interest at the legal rate on the total amount 0f the
judgment from the date ofjudgment until paid; and

f. For any relief to Which Plaintiff may be entitled in law or equity.
PLAHVTIFF’S MOTION FOR SUMMYJUDGMENT
PAGE 4 0F5
Electronically Filed
1/24/2024 9:09 AM
Hidalgo County District Clerks
Reviewed By: Faith Martinez

Respectfully submitted,

ABBOTT OSBORN JACOBS PLC
M/Wc/
Br’ett T. OsBom #24103193
974 — 73rd Street, Suite 20
West Des Moines, IA 50265
Telephone (5223-6000
1 5)
Facsimile (5 1 5) 223—6011
texas@midwestlawgr0up.com
ATTORNEY FOR PLAINTIFF

CERTIFICATE 0F SERVICE
This is t0 certify that a true and correct copy 0f the foregoing document has been served

0n all parties and/or counsel in accordance With the Texas Rules of Civil Procedure on the 23rd

day of January, 2024, as follows:

Dario Verdin
2708 Adriel Drive
Edinburg, TX 78542
Defendant, Pro se
Via CMRRR and US Mail: 95890710527052701336165828

Maria Ochoa
5710 E Mile 18 Road
Edinburg, TX 78542
Defendant, Pro se
Via CMRRR and US Mail: 9589071052701336165811

Br'ett
ﬂm 7%:
ésBom’

PLAINTIFF’S MOTION FOR SUMMRYJUDGMENT
PAGE 5 0F5
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.

Brett Osborn on behalf of Brett Osborn
Bar No. 24103193
texas@midwestlawgroup.com
Envelope ID: 83726737
Filing Code Description: Motion for Summary Judgment
Filing Description: WITH EXHIBIT A-C
Status as of 1/24/2024 9:20 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

James Wallace King 791029 jwk@offermanking.com 1/24/2024 9:09:57 AM SENT

JAMES WKING JWK@OFFERMANKING.COM 1/24/2024 9:09:57 AM SENT

MARC PHENRY MPH@OFFERMAKING.COM 1/24/2024 9:09:57 AM ERROR

Case Info

Judge

Ramon, Israel, Jr.) Party(OCHOA, MARI DEL SOCORRO Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

January 24, 2024

Case Filing Date

May 19, 2022

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Document for BAA, INC., VS DARIO COVARRUBIAS VERDIN AKA DARIO VERDIN CONVARRUBIAS AND MARIA DEL SOCORRO OCHOA

Preview

Related Topics

Case Info

Parties