Preview
Electronically Filed
10/11/2023 6:23 PM
Hidalgo County District Clerks
Reviewed By: Catherine Carreon
CAUSE NO. C-3517-23-E
SYLVIA ESPINOZA § IN THE DISTRICT COURT OF
Plaintiff, §
§
v. §
§
THE CITY OF PHARR, PHARR-SAN § 275TH JUDICIAL DISTRICT
JUAN-ALAMO INDEPENDENT §
SCHOOL DISTRICT, AND XAVIER §
SANCHEZ, INDIVIDUALLY §
Defendants. § HIDALGO COUNTY, TEXAS
DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
Defendants PSJA ISD and Xavier Sanchez file this Plea to the Jurisdiction and Original
Answer to Plaintiff’s Original Petition and would show the Court the following:
I. PLEA TO THE JURISDICTION
1. Defendants file this plea to the jurisdiction and pursuant to Texas Civil Practice and
Remedies Code § 51.014(c), request that this plea to the jurisdiction be set for submission or
hearing and that it be granted because Plaintiff’s claims against PSJA ISD and Xavier Sanchez are
barred by governmental immunity.
2. PSJA ISD. Plaintiff has asserted a negligence claim and a premises defect claim against
PSJA ISD. Both claims are barred by governmental immunity.
3. A plea to the jurisdiction challenges a court’s subject matter jurisdiction. See Bland Indep.
Sch. Dist. v. Blue, 34 S.W.3d 547, 555 (Tex. 2000); Texas Dep’t Transp. v. Jones, 8 S.W.3d 636,
638 (Tex. 1999). A plea may be based solely on the pleadings because a plaintiff has the burden
to allege facts in the petition affirmatively demonstrating that the trial court has subject matter
jurisdiction. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). School
DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER
PAGE 1 OF 4
Electronically Filed
10/11/2023 6:23 PM
Hidalgo County District Clerks
Reviewed By: Catherine Carreon
districts, like PSJA ISD, are entitled to governmental immunity from both suit and liability, so a
court has no jurisdiction over any state law claims against a school district unless its immunity has
been waived. El Paso Educ. Initiative, Inc. v. Amex Props., LLC, 602 S.W.3d 521, 526 (Tex.
2020).
4. The Texas Tort Claims Act provides for a limited waiver of this immunity for tort claims
against school districts — but only if the alleged injury “arises out of the operation or use of a
motor vehicle.” Tex. Civ. Prac. & Rem. Code §§ 101.021, 101.051; see also El Paso Ind. Sch.
Dist. v. De La Rosa, 656 S.W.3d 586, 588 (Tex. App.—El Paso 2022, no pet.).
5. In her negligence and premises defect claims, Plaintiff alleges she was injured when she
“tripped on an unmarked and incomplete curb.” Plaintiff alleges no injury that arose from the
operation or use of a motor vehicle.
6. Accordingly, PSJA ISD is immune from suit and liability, and Plaintiff’s claims against
PSJA ISD must be immediately dismissed with prejudice.
7. Xavier Sanchez. Plaintiff has also asserted a claim against Sanchez, but that claim must
be immediately dismissed because it is undisputed that Ortiz was an employee of PSJA ISD —
indeed Plaintiff alleges that Xavier Sanchez is an employee of PSJA ISD. Tex. Civ. Prac. & Rem.
Code § 101.106(e) (“If a suit is filed under this chapter against both a governmental unit and any
of its employees, the employees shall immediately be dismissed on the filing of a motion by the
governmental unit.”) (emphasis added).
8. Additionally, Plaintiff’s claims against Sanchez are barred by immunity because:
(1) Plaintiff has not alleged exhaustion of administrative remedies, see Tex. Educ. Code § 22.0514
(“A person may not file suit against a professional employee of a school district unless the person
has exhausted the remedies provided by the school district for resolving the complaint.”); and
DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER
PAGE 2 OF 4
Electronically Filed
10/11/2023 6:23 PM
Hidalgo County District Clerks
Reviewed By: Catherine Carreon
(2) Sanchez has the same immunity as PSJA ISD. See City of N. Richland Hills v. Friend, 370
S.W.3d 369, 373 (Tex. 2012) (explaining that employees of governmental units have the same
immunity as the governmental unit).
9. Accordingly, Sanchez is immune from suit and liability, and Plaintiff’s claims against
Sanchez must be immediately dismissed with prejudice.
II. GENERAL DENIAL
10. Pursuant to Rule 92, Defendants generally deny Plaintiff’s allegations.
III. AFFIRMATIVE DEFENSES
11. Defendants reserve the right to raise affirmative defenses if necessary.
IV. CONCLUSION AND PRAYER
Defendants pray the Court grant the plea to the jurisdiction, that Plaintiff take nothing, and
that Defendants be awarded costs and all further relief at law or in equity to which they may be
justly entitled.
Respectfully submitted,
/s/ David Campbell
David Campbell
Texas Bar No. 24057033
dcampbell@808west.com
Johan Holter
Texas Bar No. 24106107
jholter@808west.com
O’Hanlon, Demerath & Castillo, PC
808 West Ave
Austin, TX 78701
Tel: (512) 494-9949
Fax: (512) 494-9919
Benjamin Castillo
Texas Bar No. 24077194
bcastillo@808west.com
DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER
PAGE 3 OF 4
Electronically Filed
10/11/2023 6:23 PM
Hidalgo County District Clerks
Reviewed By: Catherine Carreon
Alyssa Aleman
Texas Bar No. 24121496
aaleman@808west.com
O’Hanlon, Demerath & Castillo, PC
426 W. Caffery
Pharr, TX 78577
Tel: (956) 318-0555
Fax: (956) 318-1955
Counsel for Defendants
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing has been served on
all attorneys of record as listed below on this the 11th day of October, 2023.
Aaron Allison
Alejandro Martinez
Law Offices of Aaron Allison
1601 Rio Grande, Suite 520
Austin, Texas 78701
general@aaronallisonlawfirm.com
Counsel for Plaintiff
/s/ David Campbell
David Campbell
DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER
PAGE 4 OF 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.
Kathryn French on behalf of David Campbell
Bar No. 24057033
kfrench@808west.com
Envelope ID: 80503033
Filing Code Description: Answer
Filing Description: DEF
Status as of 10/12/2023 9:03 AM CST
Associated Case Party: Xavier Sanchez
Name BarNumber Email TimestampSubmitted Status
Aaron FeltonAllison general@aaronallisonlawfirm.com 10/11/2023 6:23:05 PM SENT
Associated Case Party: THE CITY OF PHARR
Name BarNumber Email TimestampSubmitted Status
Ricardo JNavarro rjnavarro@rampagelaw.com 10/11/2023 6:23:05 PM SENT
Joshua Duane H. Neece jdhneece@rampagelaw.com 10/11/2023 6:23:05 PM SENT
Aaron M.Gonzales amgonzales@rampagelaw.com 10/11/2023 6:23:05 PM SENT
Norma Delgado ngdelgado@rampagelaw.com 10/11/2023 6:23:05 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
David Campbell dcampbell@808west.com 10/11/2023 6:23:05 PM SENT
Ben Castillo bcastillo@808west.com 10/11/2023 6:23:05 PM SENT
Kathryn French kfrench@808west.com 10/11/2023 6:23:05 PM SENT
Johan Holter jholter@808west.com 10/11/2023 6:23:05 PM SENT
Alyssa Aleman aaleman@808west.com 10/11/2023 6:23:05 PM SENT
Preview
Electronically Filed 10/11/2023 6:23 PM Hidalgo County District Clerks Reviewed By: Catherine Carreon CAUSE NO. C-3517-23-E SYLVIA ESPINOZA § IN THE DISTRICT COURT OF Plaintiff, § § v. § § THE CITY OF PHARR, PHARR-SAN § 275TH JUDICIAL DISTRICT JUAN-ALAMO INDEPENDENT § SCHOOL DISTRICT, AND XAVIER § SANCHEZ, INDIVIDUALLY § Defendants. § HIDALGO COUNTY, TEXAS DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: Defendants PSJA ISD and Xavier Sanchez file this Plea to the Jurisdiction and Original Answer to Plaintiff’s Original Petition and would show the Court the following: I. PLEA TO THE JURISDICTION 1. Defendants file this plea to the jurisdiction and pursuant to Texas Civil Practice and Remedies Code § 51.014(c), request that this plea to the jurisdiction be set for submission or hearing and that it be granted because Plaintiff’s claims against PSJA ISD and Xavier Sanchez are barred by governmental immunity. 2. PSJA ISD. Plaintiff has asserted a negligence claim and a premises defect claim against PSJA ISD. Both claims are barred by governmental immunity. 3. A plea to the jurisdiction challenges a court’s subject matter jurisdiction. See Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 555 (Tex. 2000); Texas Dep’t Transp. v. Jones, 8 S.W.3d 636, 638 (Tex. 1999). A plea may be based solely on the pleadings because a plaintiff has the burden to allege facts in the petition affirmatively demonstrating that the trial court has subject matter jurisdiction. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). School DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER PAGE 1 OF 4 Electronically Filed 10/11/2023 6:23 PM Hidalgo County District Clerks Reviewed By: Catherine Carreon districts, like PSJA ISD, are entitled to governmental immunity from both suit and liability, so a court has no jurisdiction over any state law claims against a school district unless its immunity has been waived. El Paso Educ. Initiative, Inc. v. Amex Props., LLC, 602 S.W.3d 521, 526 (Tex. 2020). 4. The Texas Tort Claims Act provides for a limited waiver of this immunity for tort claims against school districts — but only if the alleged injury “arises out of the operation or use of a motor vehicle.” Tex. Civ. Prac. & Rem. Code §§ 101.021, 101.051; see also El Paso Ind. Sch. Dist. v. De La Rosa, 656 S.W.3d 586, 588 (Tex. App.—El Paso 2022, no pet.). 5. In her negligence and premises defect claims, Plaintiff alleges she was injured when she “tripped on an unmarked and incomplete curb.” Plaintiff alleges no injury that arose from the operation or use of a motor vehicle. 6. Accordingly, PSJA ISD is immune from suit and liability, and Plaintiff’s claims against PSJA ISD must be immediately dismissed with prejudice. 7. Xavier Sanchez. Plaintiff has also asserted a claim against Sanchez, but that claim must be immediately dismissed because it is undisputed that Ortiz was an employee of PSJA ISD — indeed Plaintiff alleges that Xavier Sanchez is an employee of PSJA ISD. Tex. Civ. Prac. & Rem. Code § 101.106(e) (“If a suit is filed under this chapter against both a governmental unit and any of its employees, the employees shall immediately be dismissed on the filing of a motion by the governmental unit.”) (emphasis added). 8. Additionally, Plaintiff’s claims against Sanchez are barred by immunity because: (1) Plaintiff has not alleged exhaustion of administrative remedies, see Tex. Educ. Code § 22.0514 (“A person may not file suit against a professional employee of a school district unless the person has exhausted the remedies provided by the school district for resolving the complaint.”); and DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER PAGE 2 OF 4 Electronically Filed 10/11/2023 6:23 PM Hidalgo County District Clerks Reviewed By: Catherine Carreon (2) Sanchez has the same immunity as PSJA ISD. See City of N. Richland Hills v. Friend, 370 S.W.3d 369, 373 (Tex. 2012) (explaining that employees of governmental units have the same immunity as the governmental unit). 9. Accordingly, Sanchez is immune from suit and liability, and Plaintiff’s claims against Sanchez must be immediately dismissed with prejudice. II. GENERAL DENIAL 10. Pursuant to Rule 92, Defendants generally deny Plaintiff’s allegations. III. AFFIRMATIVE DEFENSES 11. Defendants reserve the right to raise affirmative defenses if necessary. IV. CONCLUSION AND PRAYER Defendants pray the Court grant the plea to the jurisdiction, that Plaintiff take nothing, and that Defendants be awarded costs and all further relief at law or in equity to which they may be justly entitled. Respectfully submitted, /s/ David Campbell David Campbell Texas Bar No. 24057033 dcampbell@808west.com Johan Holter Texas Bar No. 24106107 jholter@808west.com O’Hanlon, Demerath & Castillo, PC 808 West Ave Austin, TX 78701 Tel: (512) 494-9949 Fax: (512) 494-9919 Benjamin Castillo Texas Bar No. 24077194 bcastillo@808west.com DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER PAGE 3 OF 4 Electronically Filed 10/11/2023 6:23 PM Hidalgo County District Clerks Reviewed By: Catherine Carreon Alyssa Aleman Texas Bar No. 24121496 aaleman@808west.com O’Hanlon, Demerath & Castillo, PC 426 W. Caffery Pharr, TX 78577 Tel: (956) 318-0555 Fax: (956) 318-1955 Counsel for Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing has been served on all attorneys of record as listed below on this the 11th day of October, 2023. Aaron Allison Alejandro Martinez Law Offices of Aaron Allison 1601 Rio Grande, Suite 520 Austin, Texas 78701 general@aaronallisonlawfirm.com Counsel for Plaintiff /s/ David Campbell David Campbell DEFENDANTS’ PLEA TO THE JURISDICTION AND ORIGINAL ANSWER PAGE 4 OF 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. Kathryn French on behalf of David Campbell Bar No. 24057033 kfrench@808west.com Envelope ID: 80503033 Filing Code Description: Answer Filing Description: DEF Status as of 10/12/2023 9:03 AM CST Associated Case Party: Xavier Sanchez Name BarNumber Email TimestampSubmitted Status Aaron FeltonAllison general@aaronallisonlawfirm.com 10/11/2023 6:23:05 PM SENT Associated Case Party: THE CITY OF PHARR Name BarNumber Email TimestampSubmitted Status Ricardo JNavarro rjnavarro@rampagelaw.com 10/11/2023 6:23:05 PM SENT Joshua Duane H. Neece jdhneece@rampagelaw.com 10/11/2023 6:23:05 PM SENT Aaron M.Gonzales amgonzales@rampagelaw.com 10/11/2023 6:23:05 PM SENT Norma Delgado ngdelgado@rampagelaw.com 10/11/2023 6:23:05 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status David Campbell dcampbell@808west.com 10/11/2023 6:23:05 PM SENT Ben Castillo bcastillo@808west.com 10/11/2023 6:23:05 PM SENT Kathryn French kfrench@808west.com 10/11/2023 6:23:05 PM SENT Johan Holter jholter@808west.com 10/11/2023 6:23:05 PM SENT Alyssa Aleman aaleman@808west.com 10/11/2023 6:23:05 PM SENT