Answer: SANTIBANEZ, IRMA (AS NEXT FRIEND OF NATH vs. WITTE OAKS APARTMENTS

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                                CAUSE

                   IRMA SANTIBANEZ A/N/F OF                                          IN THE      DISTRICT COURT OF
                   NATHAN SANTIBANEZ, A MINOR

                                                                                     HARRIS COUNTY, TEXAS

                   WITTE OAKS APARTMENTS; WITTE
                   OAKS APARTMENTS, LLC D/B/A
                   WITTE OAKS APARTMENTS; MPM
                   MANAGEMENT, LLC; 1608 WELCH,
                   LLC; AND 935 BYRNE, LLC                                                    UDICIAL DISTRICT


                                     DEFENDANTS 1608 WELCH LLC AND 935 BYRNE LLC’S
                                                         FIRST AMENDED ANSWER

                   TO THE HONORABLE JUDGE OF SAID COURT:

                            COMES       NOW,     1608    WELCH        LLC            935   BYRNE       LLC,    Defendants,     in  th

                   above-styled     and   numbered      cause   and   file  this,  their  First  Amended      Answer     and   would

                   respectfully show as follows:


                                                                   General Denial

                            Defendants,     1608   Welch    LLC,    and    935  Byrne    LLC,     each  deny   generally    each   and

                   every   all and  singularly   the  allegations   contained    in Plaintiff     Original   Petition  and   demands

                   strict proof thereof by preponderance of the evidence.


                                                                Affirmative Defenses

                            Each Defendant pleads the following affirmative defenses:

                                     The affirmative defense that neither Defendant owned the Property at the time in

                   which   the  Plaintiff’s  basis  it suit  upon.Plaintiff   has  no  legal  basis  to  sue  Defendants,    as  the

                   lawsuit   is based    upon   a  negligence    claim   that  arose   in July   2012,   and   Defendants     did  not
                   purchase the Property until January 2014, a true and correct copy of the Special Warranty Deed

                   is attached hereto as Exhibit “1” and fully incorporated herein.

                            2.       The   affirmative   defense   that  neither  Defendant     was  the  operator,   manager    or in

                   any way had control over the premises in which the alleged incident occurred in July 2012.

                            3.       The affirmative defense that neither Defendant owed a duty to the Plaintiff at the

                   time the cause of action alleged occurred.

                            4.       The affirmative defense that neither Defendant breached any duty to the Plaintiff

                   at the time the cause of action alleged occurred.

                            5.       The   affirmative   defense    that no  action   or omission    by   Defendants    proximately

                   caused the damages alleged incurred by the Plaintiff.

                            6.       The affirmative defense that Defendants did not injure Plaintiffs.

                            7.       The affirmative defense that Plaintiffs have no legal claim against Defendants.

                            8.       The affirmative defense that Plaintiffs’ claim is frivolous.

                            9.       The   affirmative    defense    that  any   damages      and/or   injuries   sustained   by   the

                   Plaintiff  were   caused   or contributed    to  by the  contributory negligence       on  the  part  of Plaintiff,

                   Plaintiff’s  parent,   supervising    authority   and/or   guardian    at  the  time   of the  alleged   incident.

                   Such   negligent    actions,   inactions   or  omissions     were   the  sole  cause,   proximate     cause,   sole

                   proximate    cause,   and/or   sole producing/contributing       cause   of  the incident   in  question   and  the

                   alleged damages.

                            10.      The   affirmative    defense    that  any   damages      and/or   injuries   sustained   by   the

                   Plaintiff  were    caused    or  contributed    by  the   contributory    negligence     of  the  owners    and/or

                   management of the subject property at the time of the alleged incident.
                            11.      The affirmative defense       that Plaintiff’s damages were caused by the acts and/or

                   omissions of third parties whom Defendants had no right to control.

                            12.      The   affirmative   defense    that Plaintiff,  Plaintiff’s  parents,   supervising    authority

                   and/or guardian failed to mitigate Plaintiff’s damages and/or injuries.

                                                                           III.
                                                                         Prayer

                            WHEREFORE,           PREMISES       CONSIDERED,           Defendants     1608   Welch     LLC    and  935

                   Byrne LLC, request judgment of the Court as follows:

                            1.       Plaintiffs take nothing by their suit.

                            2.       Defendants recover all costs together with such other and further relief to which

                   they may show they are justly entitled.

                                                                                  Respectfully submitted,



                                                                                  /s/ Jason L. Fowell
                                                                                  Jason L. Fowell
                                                                                  SBN:    24040925
                                                                                  1298 N. Post Oak Road
                                                                                  Houston, Texas      77055
                                                                                  832-581-3399
                                                                                  713-623-6300 (facsimile)
                                                                                  Jason@bpllc.com
                                                         CERTIFICATE OF SERVICE


                            I certify  that  a true  and  correct   copy  of  the  following    document     was  forwarded     to the
                   following counsel of record on this 4th day of September, 2014, pursuant to the Texas Rules of
                   Civil Procedure:

                   Allison H. Gabbert
                   GODSEY MARIN, PC
                   2550 North Loop West, Suite 102
                   Houston, Texas      77092
                   713-446-8448
                   713-581-8700 (facsimile)
                   agabbert@gmfirm.com
                   Attorney for Plaintiff


                   Tammy Shea
                   COZEN O’CONNER LLP
                   1221 McKinney Street, Suite 2900
                   Houston, Texas      77002
                   713-750-3148
                   832-214-3905 (facsimile)
                   tshea@cozen.com
                   Attorney for Defendants Witte Oaks Apartments,
                   Witte Oaks Apartments, LLC d/b/a Witte
                   Oaks Apartments and MPM Management, LLC



                                                                         /s/ Jason L. Fowell
                                                                         Jason L. Fowell