Preview
FILED
3/13/2024 9:00 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Fernando Soto DEPUTY
DC-24-03857
CAUSE NO.
EJO LIVING TRUST, IN THE DISTRICT COURT
Plaintiff, 134th
vs. § JUDICIAL DISTRICT
NICK HOCKMAN, EVERYONE WIN’S
MANAGEMENT, LLC.
Defendant. DALLAS COUNTY, TEXAS
—__
PLAINTIFF’S ORIGINAL PETITION,
APPLICATION FOR TEMPORARY RESTRAINING ORDER,
AND APPLICATION FOR TEMPORARY INJUNCTION
Plaintiff EJO Living Trust (“Plaintiff”) files this Plaintiff's Original Petition, Application
for Temporary Restraining Order, and Application for Temporary Injunction against Defendants
Nick Hockman and Everyone Win’s Management, LLC. In support, Plaintiff would respectfully
show the Court the following:
I DISCOVERY CONTROL PLAN
1 Pursuant to Texas Rule of Civil Procedure 190.3, Plaintiff requests a Level 2
discovery control plan.
II. PARTIES & SERVICE
2. Plaintiff EJO Living Trust whose trustees are Leslie Jewell and Andrew Jewell.
EJO Living Trust was created in Texas and is governed by the laws of Texas and the thirteen (13)
properties at issue are located in Dallas County, Texas.
3 Defendant Everyone Win’s Management, LLC is a domestic limited liability
company with its principal office/place of business at 3327 Stovall Street, Irving, Dallas County,
Texas 75061.
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 1 of 16
4 Defendant Nick Hockman is a natural person; owner, manager, and sole member
of Everyone Win’s Management, LLC; and may be served with citation at 3327 Stovall Street,
Irving, Dallas County, Texas 75061.
HI. JURISDICTION & VENUE
5 This Court has jurisdiction over Defendant because Defendant has done business
in Texas, has continuing contacts with Texas, and is amenable to service by a Texas Court.
6. The Court has subject matter jurisdiction over this case because the real property in
question is located in Dallas County, Texas and because Plaintiff seeks relief in an amount and of
a character within the Court’s jurisdiction.
7 Venue in Dallas County, Texas is proper pursuant to Texas Civil Practice &
Remedies Code Section 15.002 because all or a substantial part of the events or omissions giving
rise to Plaintiff's causes of action occurred in Dallas County and pursuant to Section 15.011
because this action involves real property and Dallas County is where all or part of the real property
is located.
IV. RULE 47(C) DISCLOSURE
8 Plaintiff seeks monetary relief of $250,000 or less and non-monetary relief.
Vv. UNDERLYING FACTS
9 The following factual allegations are supported by the Affidavit of Leslie Jewell, a
true and correct copy of which is attached to this petition as Exhibit 1 and fully incorporated herein
for all purposes.
10. This lawsuit is filed solely to protect Mrs. Odell, her interests, and her tenants.
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 2 of 16
11. Estelle J. Odell (“Mrs. Odell”) created EJO Living Trust on June 11, 2019, and
Mrs. Odell was the original trustee. On May 18, 2021, the First Amendment and Complete
Restatement of EJO Living Trust (hereinafter referred to as the “Trust”) was prepared.!
12. In 2019 and again in 2021, Leslie Jewell, Mrs. Odell’s daughter (“Leslie”), was
named as durable power of attorney along with her brother.”
13¢ In 2019 and 2021 when Leslie Jewell and her brother were named durable power
of attorney there were no questions as to Mrs. Odell’s capacity.
14. Mrs. Odell owned thirteen (13) properties that are now a part of the Trust
(hereinafter “The Properties”):
313 Robinhood Dr., Irving TX 75061
2030 Canterbury St., Irving, TX 75062
609 Hughes Dr., Irving, TX 75062
1225 Fairdale St., Irving, TX 75062
2605 Lasalle Dr., Irving, TX 75062
917 Old Mill Cir., Irving, TX 75061
1923 Dennis St., Irving, TX 75062
1950 Winthrop St., Irving, TX 75061
1502 Pickwick Ln., Irving, TX 75060
10 2909 Sun Valley St., Irving, TX 75062
11 3425 Whippoorwill Ln, Irving, TX 75062
12 3405 Whippoorwill Ln., Irving, TX 75062
13 1811 Exeter St., Irving, TX 750624
14. Five (5) of these properties were previously managed by Nick Hockman
(“Hockman”) and his property management company, Everyone Win’s Management, LLC
(“Management Company”).°
| See Leslie Jewell Affidavit, attached hereto as “Exhibit 1.”
2 Id.
3 Id.
pla)
5 Id.
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 3 of 16
15. In November, Leslie and her brother reached out to Hockman to see if he could
manage all thirteen (13) properties on a trial basis, starting January 1, 2024, as they wished for
them to be under the same management. Hockman agreed, but never provided them with a property
management agreement as one was never used previously.°
16. In November and December 2023, Leslie and her brother notified Hockman of their
mother’s declining health and that her doctor was going to provide a formal diagnosis for lack of
capacity to enter business transactions. As durable power of attorney they indicated that all
issues/transactions pertaining to The Properties must go through them.’
17. On December 19, 2023, rather than going to Leslie and her brother, Hockman went
to Mrs. Odell directly and offered to purchase The Properties for interest only for ten years for a
value of $2.5 million.®
18. Leslie learned of this that same day from Mrs. Odell’s accountant and another
attorney. As soon of Leslie learned of this, she reached out to Hockman informing him that she
and her brother have durable power of attorney over Mrs. Odell’s estate and to not approach their
mother with contracts to sell her property without first speaking to them. Leslie specifically
stated, “With mother’s diminished capacity, we will, as her agents, litigate if any agreement,
especially this one, is signed without our consent.” Leslie reiterated “Given mother’s diminished
capacity, any contract signed would be subject to litigation and would likely be invalidated.”
19. Three days later, Leslie’s brother emailed Hockman indicating that he was on the
phone with Mrs. Odell’s primary care physician earlier today and that due to his mother’s
8 Id.
7 December 19, 2023, Email, attached hereto as “Exhibit A”; December 22, 2023, Email, attached hereto as
“Exhibit B.”
5 See “Exhibit 1.”
° December 19, 2023, Email, attached hereto as “Exhibit A.”
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 4 of 16
diminished capacity, her primary care physician is preparing to formally diagnose that his mother
is unable to complete business transactions. '°
20. Despite these emails and Mrs. Odell’s lack of capacity, on January 3, 2024,
Hockman directly reached out to an attorney, allegedly on Mrs. Odell’s behalf, to change the power
of attorney and guardianship so that it was no longer Leslie and her brother.!!
2a Hockman was present both days—January 4 and January 5—when the documents
were signed. Two of Hockman’s employees signed the guardianship documents as witnesses.'?
22. The same day these documents were signed, and power of attorney was changed,
Hockman had Mrs. Odell enter into a property management agreement for the first time. This
agreement was for six years and could not be terminated by Mrs. Odell for any reason.'?
23. Hockman never provided Mrs. Odell with a copy of the property management
agreement.'4
24. As soon as it was discovered that Hockman had the power of attorney and
guardianship for Mrs. Odell changed, it was corrected and reverted to how it was in 2021.'°
25. Leslie and her brother have attempted to obtain the thirteen leases for The
Properties from Hockman for over a month with no success.'¢
26. After trying multiple times to obtain the leases from Hockman with no success,
Leslie and her brother attempted to terminate Hockman as property manager as they were not told
about a new property management agreement.'7
'© December 22, 2023, Email, attached hereto as “Exhibit B.”
"| January 3, 2024, Email, attached here to as” Exhibit 2.”
2 See Exhibit 1.
'3 Everyone Win’s Property Management Agreement, attached hereto as “Exhibit E.”
14 See Exhibit 1.
Sd.
16 Lease Request, attached hereto as “Exhibit H.”
1” Formal Termination, attached hereto as “Exhibit I.”
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 5 of 16
27. Prior to learning about the six-year management agreement, Leslie signed a
management agreement with Keyrenter. Richard Groehler from Keyrenter informed Leslie that
Hockman has been threatening The Properties’ tenants to sue them if they did not pay him directly
and that they needed to obtain renters’ insurance through him.'*
28. Hockman has refused to agree to mutually terminate the property management
agreement.|?
29. Hockman has threatened to sue The Properties tenants’ is causing immediate and
irreparable harm.
30. Hockman knew Mrs. Odell did not have the capacity to enter a new contract and
that her children had durable power of attorney; therefore, he contacted Thorne & Skinner
Attorneys at Law to change Mrs. Odell’s durable power of attorney and guardianship to Kevin
Jones, Mrs. Odell’s nephew by marriage that works with Nick Hockman.
S18 Hockman, despite knowledge of Mrs. Odell’s lack of capacity, fraudulently
induced her to enter a six (6) year non-terminable contract that is extremely beneficial to himself
and his company.”°
32. The Property management agreement contains no responsibilities or
representations for the agent, allows the agent to sell the property, allows the agent to retain for
himself all fees (late fees, returned check fees, assignment fees, or any other fees not in the
contract). There is no termination clause even if the agent engages in fraudulent behavior.?!
+8 February 27, 2024, Email, attached hereto as “Exhibit K.”
19 February 19, 2024, Email, attached hereto as “Exhibit J.”
0 Everyone Win’s Property Management Agreement, attached hereto as “Exhibit E.”
21 Id,
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 6 of 16
33. The Property Management Agreement is so one-sided that it is unconscionable
under the circumstances when the parties made the contrac 22
34. When tenants entered new leases with Keyrenter, Nick Hockman threatened to sue
them.
35. As The Properties need daily management, the harm is imminent.
VI. TIMELINE OF EVENTS
June 11, 2019: Estelle J. Odell created EJO Living Trust naming Estelle J. Odell
as Trustee.
Durable Power of Attorney for Estelle Odell is named Leslie Jewell
and her brother as co-agents.”°
May 18, 2021: First Amendment and Complete Restatement of EJO Living Trust.
Durable Power of Attorney for Estelle Odell is still Leslie Jewell as
and her brother co-agents.”*
October 2023: Estelle Odell’s doctor indicated lack of capacity due to dementia.
November 21, 2023: Leslie Jewell and family reached out to Everyone Win’s
Management to manage all thirteen (13) properties, instead of just
five (5).
December 19, 2023: Nick Hockman approached Estelle Odell with a contract for
the sale of the properties, interest only for ten years at a value of
$2.5 million.
Leslie emailed Nick Hockman informing him that she and her
brother have durable power of attorney over Estelle Odell’s estate
and to not approach their mother with contracts to sell her property
without first speaking to them. Leslie specifically stated, “With
mother’s diminished capacity, we will, as her agents, litigate if any
agreement, especially this one, is signed without our consent.”
? Id,
3 See 2019 Durable Power of Attorney, attached hereto as “Exhibit 2.”
24 See 2021 Durable Power of Attorney, attached hereto as “Exhibit 3.”
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 7 of 16
Leslie reiterated “Given mother’s diminished capacity, any contract
signed would be subject to litigation and would likely be
invalidate 4.725
December 22, 2023: Leslie’s brother emailed Nick Hockman indicating that he
was on the phone with Estelle Odell’s primary care physician earlier
today and that due to his mother’s diminished capacity, her primary
care physician is preparing to formally diagnose that his mother is
unable to complete business transactions. 26
January 3, 2024: Nick Hockman contacts an attorney allegedly on behalf of Estelle
Odelle to revoke her daughter and son’s power of attorney and
change to her nephew, Kevin Rush Jones.?”
January 4, 2024: Power of Attorney is changed to Kevin Jones.7*
January 5, 2024: Nick Hockman has Estelle Odell sign a Declaration Appointing
Guardian to Fredrick Odell and Kevin Rush Jones.”
Nick Hockman’s employees signed this document as witnesses.
Nick Hockman has Estelle Odell sign Everyone Win’s Property
Management Agreement for 72 months with no option to terminate
this contract until after December 31, 2029.”
January 22, 2024: Nick Hockman stated in an email that some of the properties
Estelle Odell owned he “previously owned” and had an oral
agreement to buy back other properties Estelle Odell owned.*!
January 24, 2024: Leslie Jewell and Mrs. Odell travelled to the Thorne & Skinners
Attorneys at Law offices, so that Mrs. Odell could obtain the copy
of her file. Mrs. Odell asked the firm to cease and desist from
providing any further additional legal services to her.
January 30, 2024: Estelle J. Odell resigned as trustee.
25 December 19, 2023, Email, attached hereto as “Exhibit A.”
26 December 22, 2023, Email, attached hereto as “Exhibit B.”
27 On all legal documents, including but not limited to, guardianship, POA, last will and testament, EJO living trust in
2019 and again in 2021, Leslie and her brother were listed. Not once, has Kevin Jones been listed on any of Estelle
Odell’s legal documents until the power of attorney requested by Nick Hockman.
28 2024 Power of Attorney, attached hereto as “Exhibit C.”
2° Declaration Appointing Guardian, attached hereto as “Exhibit D.”
%° Everyone Win’s Property Management Agreement, attached hereto as “Exhibit E.”
3! January 22, 2024, email, attached hereto as “Exhibit F.” This established that Nick Hockman was an interested
party to the documents. None of these “agreements” are in writing because allegedly most business was done on a
“handshake/hug” violating the Statute of Frauds and making these “agreements” invalid as a matter of law.
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 8 of 16
Estelle Odell placed all thirteen properties into EJO Living Trust.
Leslie Jewell and her brother are Durable Power of Attorney for
Estelle Odell.
January 31, 2024: The Jewells’ requested the thirteen (13) leases from the
Management Company.”
February 2, 2024: The Jewells followed up with Nick Hockman for lease
33
request
February 6, 2024: The Jewells followed up with lease request.>*
February 12, 2024: The Jewells followed up with lease request.*>
February 13, 2024: Formal Termination of Nick Hockman, Kevin Hicks, and
Katie Ray.*°
February 18, 2024: Leslie Jewell’s brother resigned as trustee of EJO Living Trust
and Andrew Jewell took his place.
February 19, 2024: Nick Hockman will not accept the formal termination and
insists on continuing as property manager.’
February 26, 2024: After email requests to Hockman for any documents related to
The Properties under the treat of tortious interference, Lance
Erickson, counsel for the Plaintiff, received the six (6) year non-
terminable management agreement from Hockman and forwarded it
to the family. This is the first time the family has seen this
management agreement.
February 27, 2024: Email from Richard Groehler from Keyrenter stating that Nick
Hockman has been threatening tenants that he would sue them if
they do not pay him and pay Keyrenter to manage. He also stated
that they must obtain rental insurance through him.*®
* Lease Request, attached hereto as “Exhibit G.”
3d.
Id,
35 Id.
36 Formal Termination, attached hereto as “Exhibit H.”
37 February 19, 2024, Email, attached hereto as “Exhibit I.”
38 February 27, 2024, Email, attached hereto as “Exhibit J.”
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 9 of 16
VIL. CAUSES OF ACTION
A. Declaratory Judgment.
36. All facts alleged above, herein, and below are hereby incorporated by reference.
37. Pursuant to Chapter 37 of the Texas Civil Practice & Remedies Code, Plaintiff
requests that the Court consider the property management agreement and declare that:
a. Mrs. Odell did not have the capacity to enter into a six-year property
management agreement in 2024;
The Property Management Agreement is unconscionable; and
The Property Management Agreement is null and void.
B. Fraudulent Inducement
38. All facts alleged above, herein, and below are hereby incorporated by reference.
39. Defendants misrepresented the terms of the contract and their meaning to Mrs.
Odell.
40. Defendants did not fully inform Mrs. Odell of the information in the six-year
management contract.
41. Under the management contract, Defendants can virtually do anything they wish
without the consequence of being terminated, are entitled to collect and retain all fees from the
tenants (the money does not go to the owner), does not have any responsibilities or duties laid out.
The management contract is extremely one-sided and unconscionable.
42. The misrepresentations made by Hockman and Everyone Win’s Management LLC
were relied on by Mrs. Odell when she entered the contract.
43. Mrs. Odell would not have entered into the contract but for these misrepresentations
made by Defendants.
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 10 of 16
44, Now, this contract cannot be terminated for any reason, including Hockman’s
onflict of interest in having Mrs. Odell legally change her power of attorney so that he could
purchase The Properties from EJO Living Trust.
45. Defendants are entitled to threaten EJO Living Trust’s tenants as he is currently
doing, and EJO Living Trust cannot terminate them.
46. EJO Living Trust is now forced to have Defendants manage its thirteen (13)
properties despite this inherent conflict of interest and despite the misrepresentations made by
Hockman until 2029.
VIII. ATTORNEYS’ FEES
47. Plaintiff has retained representation to bring this lawsuit and has agreed to pay his
attorneys reasonable fees for necessary services. An award of attorneys’ fees to Plaintiff would be
equitable, just, and authorized by Chapters 37 and 38 of the Texas Civil Practice & Remedies Code
and the Property Management Agreement.
IX. CONDITIONS PRECEDENT
48. All conditions precedent to Plaintiffs suit have occurred or have been performed.
xX. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF
A. Elements for Injunctive Relief
49. As described above, Plaintiff has causes of actions against Defendant for
declaratory judgment.
50. Plaintiff is likely to succeed on the merits of this lawsuit because the contract at
issue is unconscionable and Mrs. Odell lacked capacity to contract.
or Unless the Court immediately restrains Defendants and its agents, employees, and
attorneys, Plaintiff will suffer imminent and irreparable injury, for which there is no adequate
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 11 of 16
remedy at law that will give Plaintiff complete, final, and equal relief. Specifically, Plaintiff will
show the Court that:
The harm to Plaintiff is imminent because Defendants continue to
threaten to sue its tenants;
The harm to Plaintiff is imminent because Defendants continue to try
and force its tenants to enter renter’s insurance contracts with
Defendants or sue them;
The harm to Plaintiff is imminent because there are thirteen (13)
properties that need daily management and Defendants behavior is
likely to cause irreparable harm by tenants breaking leases for fear of
litigation;
The harm to Plaintiff is imminent because the Property management
Agreement at issue allows Defendants to behave in any manner and
Plaintiff cannot terminate the contract under its provisions;
The harm to Plaintiff is imminent as Defendants continue to harass Mrs.
Odell’s children who control EJO Living Trust;
The harm to Plaintiff is imminent as Defendants continue to try and
change legal documents pertaining to Mrs. Odelle, her estate, and EJO
Living Trust;
This imminent harm will cause irreparable injury in the form of losing
current tenants;
This imminent harm will cause irreparable injury in the form of legal
documents being changed without Mrs. Odell’s formal understanding
of the implications and/or consequences of those changes;
The harm is imminent and irreparable as Hockman refuses to terminate
the agreement and the agreement allows extreme latitude in his duties
and responsibilities;
There is no adequate remedy at law that will give Plaintiff complete,
final, and equal relief because the relief sought depends on the
legitimacy and authority of the property management agreement.
B. Bond
52. Plaintiff is willing to post a reasonable temporary restraining order bond and hereby
requests that the Court to set such bond.
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 12 of 16
C. Remedy
53. Plaintiff has met its burden by establishing each element that must be present before
injunctive relief may be granted by the Court. Therefore, Plaintiff is entitled to the requested
temporary restraining order.
54. Plaintiff has established that the status quo will be disrupted if Defendants are
entitled to keep managing The Properties as they continue to threaten tenants.
55. Plaintiff has established that legal documents pertaining to the estate, Mrs. Odell,
power of attorney, and EJO Living Trust will be disrupted if Defendants are allowed to approach
Mrs. Odell to again change these documents as she may not understand the implications and
consequences of her actions.
56. Plaintiff risks losing tenants that are currently in its rental properties.
Die Plaintiff risks permanent legal implications if these documents are again changed.
58. Plaintiff requests that that the Court restrain Defendants from:
a. Threatening to sue any of The Properties tenants;
b Harassing any of The Properties tenants;
Evicting any of The Properties tenants without first obtaining approval
from Plaintiff;
Entering into any new contracts pertaining to The Properties without
first obtaining approval from Plaintiff;
Contacting trustees Leslie Jewell, Andrew Jewell, and any of Mrs.
Odell’s children. All communications should go through their attorney
of record in this matter; and
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 13 of 16
f. Contacting Mrs. Odell to change any legal document pertaining to
herself, The Properties or any other property, her estate, EJO Living
Trust, or any other legal document requiring her signature.
59. Defendant Nick Hockman owns numerous companies. The restraints above in A-F
pertain to Everyone Win’s Management LLC; Nick Hockman; any other company owned,
controlled, and/or managed by Nick Hockman; and Nick Hockman’s employees, agents, and
attorneys, including but not limited to Thorne & Skinner Attorneys at Law, as they were the law
firm that previously prepared the legal documents and Hockman’s request.
60. It is essential that the Court act immediately, prior to giving notice to Defendants
and a hearing on the matter, because the harm to Plaintiff is imminent and substantially outweighs
any harm to the Defendant.
61. To preserve the status quo during the pendency of this action, Plaintiff requests that
Defendant be temporarily enjoined from:
a. Threatening to sue any of The Properties tenants;
b Harassing any of The Properties tenants;
Evicting any of The Properties tenants without first obtaining approval
from Plaintiff;
Entering into any new contracts pertaining to The Properties without
first obtaining approval from Plaintiff;
Contacting trustees Leslie Jewell, Andrew Jewell, and any of Mrs.
Odell’s children. All communications should go through their attorney
of record in this matter; and
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 14 of 16
f. Contacting Mrs. Odell to change any legal document pertaining to
herself, The Properties or any other property, her estate, EJO Living
Trust, or any other legal document requiring her signature.
XI. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that: @
Defendant be cited to appear and answer; (ii) entry of an ex parte temporary restraining order,
pending hearing of Plaintiff's application for temporary injunction; (iii) after notice and hearing,
entry of a temporary injunction, as set forth in Plaintiff's Original Petition and Application for
Temporary Injunction, pending trial on the merits and entry of judgment in this action; (iv) upon
final hearing of this cause, the Court make declarations as requested above and award to Plaintiff
its damages, attorneys’ fees, and costs; and (v) the Court grant to Plaintiff all other and further
relief to which she may be justly entitled.
Respectfully submitted,
/s/ Lance Erickson
LANCE ERICKSON
TEXAS BAR No. 24072509
Lance@HOALegal.com
PHILIP TRAYNOR
TEXAS BAR No. 24083985
Philip@HOALegal.com
SHANNON SPIZMAN
TEXAS BAR No. 24086729
Shannon@HOALegal.com
MANNING & MEYERS
Attorneys at Law
4340 N. Central Expressway, Suite 200
Rockwall, Texas 75206
(214) 823-6600 — Telephone
(214) 821-3800 — Facsimile
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 15 of 16
CERTIFICATE OF SERVICE
I certify that, on March 13, 2024, a copy of Plaintiff's Original Petition, Verified
Application for Temporary Restraining Order, and Applicationfor Temporary Injunction, a copy
of the proposed TRO were served on the following via email at least two hours in advance of
presenting the TRO application to the Court:
Nick Hockman Everyone Win’s Management LLC
nickh1 1@hotmail.com nickh11@hotmail.com
DEFENDANT NICK HOCKMAN DEFENDANT EVERYONE
WIN’S MANAGEMENT LLC
/s/ Lance Erickson
Lance Erickson
Attorney for Plaintiff
LOCAL RULE 2.02 CERTIFICATE
Tn accordance with Local Rule 2.02(c), I certify that, to the best of my knowledge, this case
is not subject to transfer pursuant to Local Rule 1.06.
/s/ Lance Erickson
Lance Erickson
Attorney for Plaintiff
PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 16 of 16
DC-24-03857
CAUSE NO.
EJO LIVING TRUST, IN THE DISTRICT COURT
Plaintiff, 134th
vs. ___ JUDICIAL DISTRICT
NICK HOCKMAN, EVERYONE WIN’S
MANAGEMENT, LLC.
Defendant. DALLAS COUNTY, TEXAS
AFFIDAVIT OF LESLIE JEWELL
STATE OF Vir nia §
Adlinaton §
-L
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared Leslie Jewell,
known to me to be the person whose name is subscribed below, who, after being duly sworn, upon
his oath, stated as follows:
1) “My name is Leslie Jewell, I am over 18 years of age, and I am one of the two Trustees of
EJO Living Trust (the “Trust”) and authorized to act on its behalf and represent the Trust
in my capacity. I am fully competent to testify to the matters stated herein. All statements
made herein are based on my personal knowledge and are true and correct.
2) This lawsuit is filed solely to protect my mother (Estelle Odell), her interests, and her
tenants.
3) There are thirteen (13) properties (collectively referred to as “The Properties”) within the
Trust:
313 Robinhood Dr., Irving TX 75061
2030 Canterbury St., Irving, TX 75062
609 Hughes Dr., Irving, TX 75062
1225 Fairdale St., Irving, TX 75062
2605 Lasalle Dr., Irving, TX 75062
917 Old Mill Cir., Irving, TX 75061
1923 Dennis St., Irving, TX 75062
EXHIBIT 1
AFFIDAVIT OF LESLIE JEWELL PAGE 1 OF6
8 1950 Winthrop St., Irving, TX 75061
9 1502 Pickwick Ln., Irving, TX 75060
10. 2909 Sun Valley St., Irving, TX 75062
11. 3425 Whippoorwill Ln, Irving, TX 75062
12. 3405 Whippoorwill Ln., Irving, TX 75062
13. 1811 Exeter St., Irving, TX 75062
4) The Trust is filing this Original Petition, including an Application for Temporary
Restraining Order and Temporary Injunctive Relief, in the above-styled case, due to
Defendants’ unethical and predatory actions.
5) As of Fall 2023, Everyone Win’s Management, LLC which is owned by Nick Hockman,
managed five of the properties, namely both Whippoorwill properties, Sun Valley, Exeter,
and Pickwick.
6) In October 2023, Estelle Odell’s (previous owner of the thirteen (13) properties) health
declined as her lack of memory due to dementia increased.
72 Leslie Jewell, daughter of Mrs. Odell and her brother, notified Nick Hockman of their
mother’s health and the fact they contained durable power of attorney for their mother.
They asked that all decisions regarding the estate need to go through them.
8) Despite this notification, in December 2023, Nick Hockman approached Mrs. Odell with a
contract for the sale of The Properties, interest only for ten years at a value of $2.5 million.
9) Nick Hockman did not discuss this with either Leslie or her brother prior to reaching out
to Mrs. Odell despite Mrs. Odell’s lack of capacity.
10) In December 2023, the Jewells’ reminded Nick Hockman that they had durable power of
attorney, that their mother’s doctor was in the process of declaring lack of capacity due to
Mrs. Odell’s declining health, and that anything pertaining to the property must be
discussed with them first. They stated they would not be selling any of The Properties.
11) Fifteen days later after that discussion, in early January 2024, Nick Hockman emailed an
outside attorney and provided all data included in a new POA and guardianship document.
Mrs. Odell’s POA and guardianship documents were changed two days later. Nick
Hockman and his employees were present when the attorney came to Mrs. Odell’s home
to have the papers signed. Additionally, Nick Hockman’s employees signed as witnesses
on the guardianship document. Mrs. Odell’s nephew, by marriage, who also works with
Nick Hockman was appointed sole POA and guardian, with the removal of all of Mrs.
Odell’s children.
12) On the same day Nick Hockman had the guardianship changed, he had Mrs. Odell enter a
six (6) year non-terminable management agreement, with Nick Hockman as sole listing
agent with any sale of The Properties and any other property owned by Mrs. Odell. No
management agreement existed previously between Nick Hockman and Mrs. Odell for the
AFFIDAVIT OF LESLIE JEWELL PAGE 2 OF 6
numerous years that he managed her properties. Nick Hockman repeatedly confirmed lack
of a contract of any kind with Mrs. Odell related to her properties, when asked. Mrs. Odell
never received a copy of the six-year management agreement.
13)The POA and guardianship was quickly reversed, reverting to Mrs. Odell’s 2019/2021
selections, once discovered a couple of weeks later.
14) At all relevant times, Nick Hockman has had a personal interest in the estate as he has
expressed his desire to purchase The Properties.
15)The Jewells attempted to terminate Nick Hockman and hire Keyrenter to manage the
properties until they learned of the six-year non-terminable contract.
16) Keyrenter was informed by tenants that Nick Hockman threatened them with litigation if
they did not pay him directly. Nick Hockman also attempted to force tenants to get
homeowners insurance through him.
17) A timeline of important dates is provided below:
June 11, 2019: Estelle J. Odell created EJO Living Trust naming Estelle J. Odell
as Trustee.
Durable Power of Attorney for Estelle Odell is named Leslie Jewell
and her brother as co-agents.
May 18, 2021: First Amendment and Complete Restatement of EJO Living Trust.
Durable Power of Attorney for Estelle Odell is still Leslie Jewell as
and her brother co-agents.
October 2023: Estelle Odell’s doctor indicated lack of capacity due to dementia.
November 21, 2023: Leslie Jewell and family reached out to Everyone Win’s
Management to manage all thirteen (13) properties, instead of just
five (5).
December 19, 2023: Nick Hockman approached Estelle Odell with a contract for
the sale of the properties, interest only for ten years at a value of
$2.5 million.
Leslie emailed Nick Hockman informing him that she and her
brother have durable power of attorney over Estelle Odell’s estate
and to not approach their mother with contracts to sell her property
without first speaking to them. Leslie specifically stated, “With
mother’s diminished capacity, we will, as her agents, litigate if any
agreement, especially this one, is signed without our consent.”
AFFIDAVIT OF LESLIE JEWELL PAGE 3 OF 6
Leslie reiterated “Given mother’s diminished capacity, any contract
signed would be subject to litigation and would likely be
invalidated.”!
December 22, 2023: Leslie’s brother emailed Nick Hockman indicating that he
was on the phone with Estelle Odell’s primary care physician earlier
today and that due to his mother’s diminished capacity, her primary
care physician is preparing to formally diagnose that his mother is
unable to complete business transactions.”
January 3, 2024: Nick Hockman contacts Thorne & Skinner Attorneys at law
allegedly on behalf of Estelle Odelle to revoke her daughter and
son’s power of attorney and change to her nephew, Kevin Rush
Jones.’
January 4, 2024: Power of Attomey is changed to Kevin Jones, and all of Mrs.
Odell’s children are removed.‘
January 5, 2024: Nick Hockman has Estelle Odell sign a Declaration Appointing
Guardian to Fredrick Odell and Kevin Rush Jones.>
Nick Hockman’s employees signed this document as witnesses.
Nick Hockman has Estelle Odell sign Everyone Win’s Property
Management Agreement for 72 months with no option to terminate
this contract until after December 31, 2029.6
January 22, 2024: Nick Hockman stated in an email that some of the properties
Estelle Odell owned he “previously owned” and had an oral
agreement to buy back other properties Estelle Odell owned.’
January 24, 2024: Leslie Jewell and Mrs. Odell travelled to Thorne & Skinner
Attomeys at Law offices so that Mrs. Odell could obtain a copy of
her file. Mrs. Odell asked the firm to cease and desist from providing
any further additional legal services to her.
' December 19, 2023, Email, attached hereto as “Exhibit A.”
2 December 22, 2023, Email, attached hereto as “Exhibit B.”
3 On all legal documents, including but not limited to, guardianship, POA, last will and testament, EJO living trust in
2019 and again in 2021, Leslie and her brother were listed. Not once, has Kevin Jones been listed on any of Estelle
Odell’s legal documents until the power of attorney requested by Nick Hockman.
4 2024 Power of Attorney, attached hereto as “Exhibit C.”
3 Declaration Appointing Guardian, attached hereto as “Exhibit D.”
6 Everyone Win’s Property Management Agreement, attached hereto as “Exhibit E.”
7 January 22, 2024, email, attached hereto as “Exhibit F.” This established that Nick Hockman was an interested
party to the documents. None of these “agreements” are in writing because allegedly most business was done on a
“handshake/hug” violating the Statute of Frauds and making these “agreements” invalid as a matter of law.
AFFIDAVIT OF LESLIE JEWELL PAGE 4 OF 6
January 30, 2024: Estelle J. Odell resigned as trustee.
Estelle Odell placed all thirteen properties into EJO Living Trust.
Leslie Jewell and her brother are reinstated with Durable Power of
Attorney for Estelle Odell.
January 31, 2024: The Jewells’ requested the thirteen (13) leases from the
Management Company.*
February 2, 2024: The Jewells followed up with Nick Hockman for lease request.”
February 6, 2024: The Jewells followed up with lease request.!°
February 12, 2024: The Jewells followed up with lease request.!!
February 13, 2024: Formal Termination from EJO Living Trust of Nick Hockman,
Kevin Hicks, and Katie Ray.'?
February 18, 2024: Leslie Jewell’s brother resigned as trustee of EJO Living Trust.
February 19, 2024: Nick Hockman will not accept the formal termination and
insists on continuing as property manager.'
February 27, 2024: Email from Richard Groehler from Keyrenter stating that Nick
Hockman has been threatening tenants that he would sue them if
they do not pay him and pay Keyrenter to manage. He also stated
that they must obtain rental insurance through him."
18)I have read Plaintiff's Original Petition, Application for Temporary Restraining Order,
Temporary and Permanent Injunctive Relief, and Claim for Damages and all facts asserted
therein are true to the best of my knowledge.
19) As Defendants refuse to allow Plaintiff to terminate the contract between the parties,
Defendants’ conduct has caused a significant disruption to the tenants of EJO Living Trust
and delaying injunctive relief would irreparably harm EJO Living Trust and its tenants; the
rights and values of EJO Living Trust, its tenants will continue to be harmed and adversely
affected by Defendants’ actions if the Defendants are not enjoined as requested.
° Lease
Id.
Request, attached hereto as “Exhibit G.”
10 1g.
Nig
12 Formal Termination, attached hereto as “Exhibit H.”
° February 19, 2024, Email, attached hereto as “Exhibit 1.”
4 February 27, 2024, Email, attached hereto as “Exhibit J.”
AFFIDAVIT OF LESLIE JEWELL PAGE 5 OF 6
20) Defendants’ conduct has also caused a significant disruption to EJO Living Trust and
delaying injunctive relief would irreparably harm EJO Living Trust; the rights and values
of EJO Living Trust will continue to be harmed and adversely affected by Defendants’
actions if the Defendants are not enjoined as requested.
EXECUTED: March 3 » 2024.
(iit
Leslie Jewell
EJO LIVING TRUST
STATE OF VIRGINIA
ZAraric §
COUNTY OF §
SUBSCRIBED AND SWORN TO before me on March —3 , 2024, by Leslie Jewell,
acting in the capacity stated therein.
tli, YG S. Mtb
s “1, Notary Public, State of Virgina
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REGISTRATION $3 = My Commission Expir
Preview
FILED 3/13/2024 9:00 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Fernando Soto DEPUTY DC-24-03857 CAUSE NO. EJO LIVING TRUST, IN THE DISTRICT COURT Plaintiff, 134th vs. § JUDICIAL DISTRICT NICK HOCKMAN, EVERYONE WIN’S MANAGEMENT, LLC. Defendant. DALLAS COUNTY, TEXAS —__ PLAINTIFF’S ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER, AND APPLICATION FOR TEMPORARY INJUNCTION Plaintiff EJO Living Trust (“Plaintiff”) files this Plaintiff's Original Petition, Application for Temporary Restraining Order, and Application for Temporary Injunction against Defendants Nick Hockman and Everyone Win’s Management, LLC. In support, Plaintiff would respectfully show the Court the following: I DISCOVERY CONTROL PLAN 1 Pursuant to Texas Rule of Civil Procedure 190.3, Plaintiff requests a Level 2 discovery control plan. II. PARTIES & SERVICE 2. Plaintiff EJO Living Trust whose trustees are Leslie Jewell and Andrew Jewell. EJO Living Trust was created in Texas and is governed by the laws of Texas and the thirteen (13) properties at issue are located in Dallas County, Texas. 3 Defendant Everyone Win’s Management, LLC is a domestic limited liability company with its principal office/place of business at 3327 Stovall Street, Irving, Dallas County, Texas 75061. PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 1 of 16 4 Defendant Nick Hockman is a natural person; owner, manager, and sole member of Everyone Win’s Management, LLC; and may be served with citation at 3327 Stovall Street, Irving, Dallas County, Texas 75061. HI. JURISDICTION & VENUE 5 This Court has jurisdiction over Defendant because Defendant has done business in Texas, has continuing contacts with Texas, and is amenable to service by a Texas Court. 6. The Court has subject matter jurisdiction over this case because the real property in question is located in Dallas County, Texas and because Plaintiff seeks relief in an amount and of a character within the Court’s jurisdiction. 7 Venue in Dallas County, Texas is proper pursuant to Texas Civil Practice & Remedies Code Section 15.002 because all or a substantial part of the events or omissions giving rise to Plaintiff's causes of action occurred in Dallas County and pursuant to Section 15.011 because this action involves real property and Dallas County is where all or part of the real property is located. IV. RULE 47(C) DISCLOSURE 8 Plaintiff seeks monetary relief of $250,000 or less and non-monetary relief. Vv. UNDERLYING FACTS 9 The following factual allegations are supported by the Affidavit of Leslie Jewell, a true and correct copy of which is attached to this petition as Exhibit 1 and fully incorporated herein for all purposes. 10. This lawsuit is filed solely to protect Mrs. Odell, her interests, and her tenants. PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 2 of 16 11. Estelle J. Odell (“Mrs. Odell”) created EJO Living Trust on June 11, 2019, and Mrs. Odell was the original trustee. On May 18, 2021, the First Amendment and Complete Restatement of EJO Living Trust (hereinafter referred to as the “Trust”) was prepared.! 12. In 2019 and again in 2021, Leslie Jewell, Mrs. Odell’s daughter (“Leslie”), was named as durable power of attorney along with her brother.” 13¢ In 2019 and 2021 when Leslie Jewell and her brother were named durable power of attorney there were no questions as to Mrs. Odell’s capacity. 14. Mrs. Odell owned thirteen (13) properties that are now a part of the Trust (hereinafter “The Properties”): 313 Robinhood Dr., Irving TX 75061 2030 Canterbury St., Irving, TX 75062 609 Hughes Dr., Irving, TX 75062 1225 Fairdale St., Irving, TX 75062 2605 Lasalle Dr., Irving, TX 75062 917 Old Mill Cir., Irving, TX 75061 1923 Dennis St., Irving, TX 75062 1950 Winthrop St., Irving, TX 75061 1502 Pickwick Ln., Irving, TX 75060 10 2909 Sun Valley St., Irving, TX 75062 11 3425 Whippoorwill Ln, Irving, TX 75062 12 3405 Whippoorwill Ln., Irving, TX 75062 13 1811 Exeter St., Irving, TX 750624 14. Five (5) of these properties were previously managed by Nick Hockman (“Hockman”) and his property management company, Everyone Win’s Management, LLC (“Management Company”).° | See Leslie Jewell Affidavit, attached hereto as “Exhibit 1.” 2 Id. 3 Id. pla) 5 Id. PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 3 of 16 15. In November, Leslie and her brother reached out to Hockman to see if he could manage all thirteen (13) properties on a trial basis, starting January 1, 2024, as they wished for them to be under the same management. Hockman agreed, but never provided them with a property management agreement as one was never used previously.° 16. In November and December 2023, Leslie and her brother notified Hockman of their mother’s declining health and that her doctor was going to provide a formal diagnosis for lack of capacity to enter business transactions. As durable power of attorney they indicated that all issues/transactions pertaining to The Properties must go through them.’ 17. On December 19, 2023, rather than going to Leslie and her brother, Hockman went to Mrs. Odell directly and offered to purchase The Properties for interest only for ten years for a value of $2.5 million.® 18. Leslie learned of this that same day from Mrs. Odell’s accountant and another attorney. As soon of Leslie learned of this, she reached out to Hockman informing him that she and her brother have durable power of attorney over Mrs. Odell’s estate and to not approach their mother with contracts to sell her property without first speaking to them. Leslie specifically stated, “With mother’s diminished capacity, we will, as her agents, litigate if any agreement, especially this one, is signed without our consent.” Leslie reiterated “Given mother’s diminished capacity, any contract signed would be subject to litigation and would likely be invalidated.” 19. Three days later, Leslie’s brother emailed Hockman indicating that he was on the phone with Mrs. Odell’s primary care physician earlier today and that due to his mother’s 8 Id. 7 December 19, 2023, Email, attached hereto as “Exhibit A”; December 22, 2023, Email, attached hereto as “Exhibit B.” 5 See “Exhibit 1.” ° December 19, 2023, Email, attached hereto as “Exhibit A.” PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 4 of 16 diminished capacity, her primary care physician is preparing to formally diagnose that his mother is unable to complete business transactions. '° 20. Despite these emails and Mrs. Odell’s lack of capacity, on January 3, 2024, Hockman directly reached out to an attorney, allegedly on Mrs. Odell’s behalf, to change the power of attorney and guardianship so that it was no longer Leslie and her brother.!! 2a Hockman was present both days—January 4 and January 5—when the documents were signed. Two of Hockman’s employees signed the guardianship documents as witnesses.'? 22. The same day these documents were signed, and power of attorney was changed, Hockman had Mrs. Odell enter into a property management agreement for the first time. This agreement was for six years and could not be terminated by Mrs. Odell for any reason.'? 23. Hockman never provided Mrs. Odell with a copy of the property management agreement.'4 24. As soon as it was discovered that Hockman had the power of attorney and guardianship for Mrs. Odell changed, it was corrected and reverted to how it was in 2021.'° 25. Leslie and her brother have attempted to obtain the thirteen leases for The Properties from Hockman for over a month with no success.'¢ 26. After trying multiple times to obtain the leases from Hockman with no success, Leslie and her brother attempted to terminate Hockman as property manager as they were not told about a new property management agreement.'7 '© December 22, 2023, Email, attached hereto as “Exhibit B.” "| January 3, 2024, Email, attached here to as” Exhibit 2.” 2 See Exhibit 1. '3 Everyone Win’s Property Management Agreement, attached hereto as “Exhibit E.” 14 See Exhibit 1. Sd. 16 Lease Request, attached hereto as “Exhibit H.” 1” Formal Termination, attached hereto as “Exhibit I.” PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 5 of 16 27. Prior to learning about the six-year management agreement, Leslie signed a management agreement with Keyrenter. Richard Groehler from Keyrenter informed Leslie that Hockman has been threatening The Properties’ tenants to sue them if they did not pay him directly and that they needed to obtain renters’ insurance through him.'* 28. Hockman has refused to agree to mutually terminate the property management agreement.|? 29. Hockman has threatened to sue The Properties tenants’ is causing immediate and irreparable harm. 30. Hockman knew Mrs. Odell did not have the capacity to enter a new contract and that her children had durable power of attorney; therefore, he contacted Thorne & Skinner Attorneys at Law to change Mrs. Odell’s durable power of attorney and guardianship to Kevin Jones, Mrs. Odell’s nephew by marriage that works with Nick Hockman. S18 Hockman, despite knowledge of Mrs. Odell’s lack of capacity, fraudulently induced her to enter a six (6) year non-terminable contract that is extremely beneficial to himself and his company.”° 32. The Property management agreement contains no responsibilities or representations for the agent, allows the agent to sell the property, allows the agent to retain for himself all fees (late fees, returned check fees, assignment fees, or any other fees not in the contract). There is no termination clause even if the agent engages in fraudulent behavior.?! +8 February 27, 2024, Email, attached hereto as “Exhibit K.” 19 February 19, 2024, Email, attached hereto as “Exhibit J.” 0 Everyone Win’s Property Management Agreement, attached hereto as “Exhibit E.” 21 Id, PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 6 of 16 33. The Property Management Agreement is so one-sided that it is unconscionable under the circumstances when the parties made the contrac 22 34. When tenants entered new leases with Keyrenter, Nick Hockman threatened to sue them. 35. As The Properties need daily management, the harm is imminent. VI. TIMELINE OF EVENTS June 11, 2019: Estelle J. Odell created EJO Living Trust naming Estelle J. Odell as Trustee. Durable Power of Attorney for Estelle Odell is named Leslie Jewell and her brother as co-agents.”° May 18, 2021: First Amendment and Complete Restatement of EJO Living Trust. Durable Power of Attorney for Estelle Odell is still Leslie Jewell as and her brother co-agents.”* October 2023: Estelle Odell’s doctor indicated lack of capacity due to dementia. November 21, 2023: Leslie Jewell and family reached out to Everyone Win’s Management to manage all thirteen (13) properties, instead of just five (5). December 19, 2023: Nick Hockman approached Estelle Odell with a contract for the sale of the properties, interest only for ten years at a value of $2.5 million. Leslie emailed Nick Hockman informing him that she and her brother have durable power of attorney over Estelle Odell’s estate and to not approach their mother with contracts to sell her property without first speaking to them. Leslie specifically stated, “With mother’s diminished capacity, we will, as her agents, litigate if any agreement, especially this one, is signed without our consent.” ? Id, 3 See 2019 Durable Power of Attorney, attached hereto as “Exhibit 2.” 24 See 2021 Durable Power of Attorney, attached hereto as “Exhibit 3.” PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 7 of 16 Leslie reiterated “Given mother’s diminished capacity, any contract signed would be subject to litigation and would likely be invalidate 4.725 December 22, 2023: Leslie’s brother emailed Nick Hockman indicating that he was on the phone with Estelle Odell’s primary care physician earlier today and that due to his mother’s diminished capacity, her primary care physician is preparing to formally diagnose that his mother is unable to complete business transactions. 26 January 3, 2024: Nick Hockman contacts an attorney allegedly on behalf of Estelle Odelle to revoke her daughter and son’s power of attorney and change to her nephew, Kevin Rush Jones.?” January 4, 2024: Power of Attorney is changed to Kevin Jones.7* January 5, 2024: Nick Hockman has Estelle Odell sign a Declaration Appointing Guardian to Fredrick Odell and Kevin Rush Jones.” Nick Hockman’s employees signed this document as witnesses. Nick Hockman has Estelle Odell sign Everyone Win’s Property Management Agreement for 72 months with no option to terminate this contract until after December 31, 2029.” January 22, 2024: Nick Hockman stated in an email that some of the properties Estelle Odell owned he “previously owned” and had an oral agreement to buy back other properties Estelle Odell owned.*! January 24, 2024: Leslie Jewell and Mrs. Odell travelled to the Thorne & Skinners Attorneys at Law offices, so that Mrs. Odell could obtain the copy of her file. Mrs. Odell asked the firm to cease and desist from providing any further additional legal services to her. January 30, 2024: Estelle J. Odell resigned as trustee. 25 December 19, 2023, Email, attached hereto as “Exhibit A.” 26 December 22, 2023, Email, attached hereto as “Exhibit B.” 27 On all legal documents, including but not limited to, guardianship, POA, last will and testament, EJO living trust in 2019 and again in 2021, Leslie and her brother were listed. Not once, has Kevin Jones been listed on any of Estelle Odell’s legal documents until the power of attorney requested by Nick Hockman. 28 2024 Power of Attorney, attached hereto as “Exhibit C.” 2° Declaration Appointing Guardian, attached hereto as “Exhibit D.” %° Everyone Win’s Property Management Agreement, attached hereto as “Exhibit E.” 3! January 22, 2024, email, attached hereto as “Exhibit F.” This established that Nick Hockman was an interested party to the documents. None of these “agreements” are in writing because allegedly most business was done on a “handshake/hug” violating the Statute of Frauds and making these “agreements” invalid as a matter of law. PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 8 of 16 Estelle Odell placed all thirteen properties into EJO Living Trust. Leslie Jewell and her brother are Durable Power of Attorney for Estelle Odell. January 31, 2024: The Jewells’ requested the thirteen (13) leases from the Management Company.” February 2, 2024: The Jewells followed up with Nick Hockman for lease 33 request February 6, 2024: The Jewells followed up with lease request.>* February 12, 2024: The Jewells followed up with lease request.*> February 13, 2024: Formal Termination of Nick Hockman, Kevin Hicks, and Katie Ray.*° February 18, 2024: Leslie Jewell’s brother resigned as trustee of EJO Living Trust and Andrew Jewell took his place. February 19, 2024: Nick Hockman will not accept the formal termination and insists on continuing as property manager.’ February 26, 2024: After email requests to Hockman for any documents related to The Properties under the treat of tortious interference, Lance Erickson, counsel for the Plaintiff, received the six (6) year non- terminable management agreement from Hockman and forwarded it to the family. This is the first time the family has seen this management agreement. February 27, 2024: Email from Richard Groehler from Keyrenter stating that Nick Hockman has been threatening tenants that he would sue them if they do not pay him and pay Keyrenter to manage. He also stated that they must obtain rental insurance through him.*® * Lease Request, attached hereto as “Exhibit G.” 3d. Id, 35 Id. 36 Formal Termination, attached hereto as “Exhibit H.” 37 February 19, 2024, Email, attached hereto as “Exhibit I.” 38 February 27, 2024, Email, attached hereto as “Exhibit J.” PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 9 of 16 VIL. CAUSES OF ACTION A. Declaratory Judgment. 36. All facts alleged above, herein, and below are hereby incorporated by reference. 37. Pursuant to Chapter 37 of the Texas Civil Practice & Remedies Code, Plaintiff requests that the Court consider the property management agreement and declare that: a. Mrs. Odell did not have the capacity to enter into a six-year property management agreement in 2024; The Property Management Agreement is unconscionable; and The Property Management Agreement is null and void. B. Fraudulent Inducement 38. All facts alleged above, herein, and below are hereby incorporated by reference. 39. Defendants misrepresented the terms of the contract and their meaning to Mrs. Odell. 40. Defendants did not fully inform Mrs. Odell of the information in the six-year management contract. 41. Under the management contract, Defendants can virtually do anything they wish without the consequence of being terminated, are entitled to collect and retain all fees from the tenants (the money does not go to the owner), does not have any responsibilities or duties laid out. The management contract is extremely one-sided and unconscionable. 42. The misrepresentations made by Hockman and Everyone Win’s Management LLC were relied on by Mrs. Odell when she entered the contract. 43. Mrs. Odell would not have entered into the contract but for these misrepresentations made by Defendants. PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 10 of 16 44, Now, this contract cannot be terminated for any reason, including Hockman’s onflict of interest in having Mrs. Odell legally change her power of attorney so that he could purchase The Properties from EJO Living Trust. 45. Defendants are entitled to threaten EJO Living Trust’s tenants as he is currently doing, and EJO Living Trust cannot terminate them. 46. EJO Living Trust is now forced to have Defendants manage its thirteen (13) properties despite this inherent conflict of interest and despite the misrepresentations made by Hockman until 2029. VIII. ATTORNEYS’ FEES 47. Plaintiff has retained representation to bring this lawsuit and has agreed to pay his attorneys reasonable fees for necessary services. An award of attorneys’ fees to Plaintiff would be equitable, just, and authorized by Chapters 37 and 38 of the Texas Civil Practice & Remedies Code and the Property Management Agreement. IX. CONDITIONS PRECEDENT 48. All conditions precedent to Plaintiffs suit have occurred or have been performed. xX. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF A. Elements for Injunctive Relief 49. As described above, Plaintiff has causes of actions against Defendant for declaratory judgment. 50. Plaintiff is likely to succeed on the merits of this lawsuit because the contract at issue is unconscionable and Mrs. Odell lacked capacity to contract. or Unless the Court immediately restrains Defendants and its agents, employees, and attorneys, Plaintiff will suffer imminent and irreparable injury, for which there is no adequate PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 11 of 16 remedy at law that will give Plaintiff complete, final, and equal relief. Specifically, Plaintiff will show the Court that: The harm to Plaintiff is imminent because Defendants continue to threaten to sue its tenants; The harm to Plaintiff is imminent because Defendants continue to try and force its tenants to enter renter’s insurance contracts with Defendants or sue them; The harm to Plaintiff is imminent because there are thirteen (13) properties that need daily management and Defendants behavior is likely to cause irreparable harm by tenants breaking leases for fear of litigation; The harm to Plaintiff is imminent because the Property management Agreement at issue allows Defendants to behave in any manner and Plaintiff cannot terminate the contract under its provisions; The harm to Plaintiff is imminent as Defendants continue to harass Mrs. Odell’s children who control EJO Living Trust; The harm to Plaintiff is imminent as Defendants continue to try and change legal documents pertaining to Mrs. Odelle, her estate, and EJO Living Trust; This imminent harm will cause irreparable injury in the form of losing current tenants; This imminent harm will cause irreparable injury in the form of legal documents being changed without Mrs. Odell’s formal understanding of the implications and/or consequences of those changes; The harm is imminent and irreparable as Hockman refuses to terminate the agreement and the agreement allows extreme latitude in his duties and responsibilities; There is no adequate remedy at law that will give Plaintiff complete, final, and equal relief because the relief sought depends on the legitimacy and authority of the property management agreement. B. Bond 52. Plaintiff is willing to post a reasonable temporary restraining order bond and hereby requests that the Court to set such bond. PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 12 of 16 C. Remedy 53. Plaintiff has met its burden by establishing each element that must be present before injunctive relief may be granted by the Court. Therefore, Plaintiff is entitled to the requested temporary restraining order. 54. Plaintiff has established that the status quo will be disrupted if Defendants are entitled to keep managing The Properties as they continue to threaten tenants. 55. Plaintiff has established that legal documents pertaining to the estate, Mrs. Odell, power of attorney, and EJO Living Trust will be disrupted if Defendants are allowed to approach Mrs. Odell to again change these documents as she may not understand the implications and consequences of her actions. 56. Plaintiff risks losing tenants that are currently in its rental properties. Die Plaintiff risks permanent legal implications if these documents are again changed. 58. Plaintiff requests that that the Court restrain Defendants from: a. Threatening to sue any of The Properties tenants; b Harassing any of The Properties tenants; Evicting any of The Properties tenants without first obtaining approval from Plaintiff; Entering into any new contracts pertaining to The Properties without first obtaining approval from Plaintiff; Contacting trustees Leslie Jewell, Andrew Jewell, and any of Mrs. Odell’s children. All communications should go through their attorney of record in this matter; and PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 13 of 16 f. Contacting Mrs. Odell to change any legal document pertaining to herself, The Properties or any other property, her estate, EJO Living Trust, or any other legal document requiring her signature. 59. Defendant Nick Hockman owns numerous companies. The restraints above in A-F pertain to Everyone Win’s Management LLC; Nick Hockman; any other company owned, controlled, and/or managed by Nick Hockman; and Nick Hockman’s employees, agents, and attorneys, including but not limited to Thorne & Skinner Attorneys at Law, as they were the law firm that previously prepared the legal documents and Hockman’s request. 60. It is essential that the Court act immediately, prior to giving notice to Defendants and a hearing on the matter, because the harm to Plaintiff is imminent and substantially outweighs any harm to the Defendant. 61. To preserve the status quo during the pendency of this action, Plaintiff requests that Defendant be temporarily enjoined from: a. Threatening to sue any of The Properties tenants; b Harassing any of The Properties tenants; Evicting any of The Properties tenants without first obtaining approval from Plaintiff; Entering into any new contracts pertaining to The Properties without first obtaining approval from Plaintiff; Contacting trustees Leslie Jewell, Andrew Jewell, and any of Mrs. Odell’s children. All communications should go through their attorney of record in this matter; and PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 14 of 16 f. Contacting Mrs. Odell to change any legal document pertaining to herself, The Properties or any other property, her estate, EJO Living Trust, or any other legal document requiring her signature. XI. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that: @ Defendant be cited to appear and answer; (ii) entry of an ex parte temporary restraining order, pending hearing of Plaintiff's application for temporary injunction; (iii) after notice and hearing, entry of a temporary injunction, as set forth in Plaintiff's Original Petition and Application for Temporary Injunction, pending trial on the merits and entry of judgment in this action; (iv) upon final hearing of this cause, the Court make declarations as requested above and award to Plaintiff its damages, attorneys’ fees, and costs; and (v) the Court grant to Plaintiff all other and further relief to which she may be justly entitled. Respectfully submitted, /s/ Lance Erickson LANCE ERICKSON TEXAS BAR No. 24072509 Lance@HOALegal.com PHILIP TRAYNOR TEXAS BAR No. 24083985 Philip@HOALegal.com SHANNON SPIZMAN TEXAS BAR No. 24086729 Shannon@HOALegal.com MANNING & MEYERS Attorneys at Law 4340 N. Central Expressway, Suite 200 Rockwall, Texas 75206 (214) 823-6600 — Telephone (214) 821-3800 — Facsimile ATTORNEYS FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 15 of 16 CERTIFICATE OF SERVICE I certify that, on March 13, 2024, a copy of Plaintiff's Original Petition, Verified Application for Temporary Restraining Order, and Applicationfor Temporary Injunction, a copy of the proposed TRO were served on the following via email at least two hours in advance of presenting the TRO application to the Court: Nick Hockman Everyone Win’s Management LLC nickh1 1@hotmail.com nickh11@hotmail.com DEFENDANT NICK HOCKMAN DEFENDANT EVERYONE WIN’S MANAGEMENT LLC /s/ Lance Erickson Lance Erickson Attorney for Plaintiff LOCAL RULE 2.02 CERTIFICATE Tn accordance with Local Rule 2.02(c), I certify that, to the best of my knowledge, this case is not subject to transfer pursuant to Local Rule 1.06. /s/ Lance Erickson Lance Erickson Attorney for Plaintiff PLAINTIFF’S ORIGINAL PETITION & APPLICATION FOR INJUNCTIVE RELIEF Page 16 of 16 DC-24-03857 CAUSE NO. EJO LIVING TRUST, IN THE DISTRICT COURT Plaintiff, 134th vs. ___ JUDICIAL DISTRICT NICK HOCKMAN, EVERYONE WIN’S MANAGEMENT, LLC. Defendant. DALLAS COUNTY, TEXAS AFFIDAVIT OF LESLIE JEWELL STATE OF Vir nia § Adlinaton § -L COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared Leslie Jewell, known to me to be the person whose name is subscribed below, who, after being duly sworn, upon his oath, stated as follows: 1) “My name is Leslie Jewell, I am over 18 years of age, and I am one of the two Trustees of EJO Living Trust (the “Trust”) and authorized to act on its behalf and represent the Trust in my capacity. I am fully competent to testify to the matters stated herein. All statements made herein are based on my personal knowledge and are true and correct. 2) This lawsuit is filed solely to protect my mother (Estelle Odell), her interests, and her tenants. 3) There are thirteen (13) properties (collectively referred to as “The Properties”) within the Trust: 313 Robinhood Dr., Irving TX 75061 2030 Canterbury St., Irving, TX 75062 609 Hughes Dr., Irving, TX 75062 1225 Fairdale St., Irving, TX 75062 2605 Lasalle Dr., Irving, TX 75062 917 Old Mill Cir., Irving, TX 75061 1923 Dennis St., Irving, TX 75062 EXHIBIT 1 AFFIDAVIT OF LESLIE JEWELL PAGE 1 OF6 8 1950 Winthrop St., Irving, TX 75061 9 1502 Pickwick Ln., Irving, TX 75060 10. 2909 Sun Valley St., Irving, TX 75062 11. 3425 Whippoorwill Ln, Irving, TX 75062 12. 3405 Whippoorwill Ln., Irving, TX 75062 13. 1811 Exeter St., Irving, TX 75062 4) The Trust is filing this Original Petition, including an Application for Temporary Restraining Order and Temporary Injunctive Relief, in the above-styled case, due to Defendants’ unethical and predatory actions. 5) As of Fall 2023, Everyone Win’s Management, LLC which is owned by Nick Hockman, managed five of the properties, namely both Whippoorwill properties, Sun Valley, Exeter, and Pickwick. 6) In October 2023, Estelle Odell’s (previous owner of the thirteen (13) properties) health declined as her lack of memory due to dementia increased. 72 Leslie Jewell, daughter of Mrs. Odell and her brother, notified Nick Hockman of their mother’s health and the fact they contained durable power of attorney for their mother. They asked that all decisions regarding the estate need to go through them. 8) Despite this notification, in December 2023, Nick Hockman approached Mrs. Odell with a contract for the sale of The Properties, interest only for ten years at a value of $2.5 million. 9) Nick Hockman did not discuss this with either Leslie or her brother prior to reaching out to Mrs. Odell despite Mrs. Odell’s lack of capacity. 10) In December 2023, the Jewells’ reminded Nick Hockman that they had durable power of attorney, that their mother’s doctor was in the process of declaring lack of capacity due to Mrs. Odell’s declining health, and that anything pertaining to the property must be discussed with them first. They stated they would not be selling any of The Properties. 11) Fifteen days later after that discussion, in early January 2024, Nick Hockman emailed an outside attorney and provided all data included in a new POA and guardianship document. Mrs. Odell’s POA and guardianship documents were changed two days later. Nick Hockman and his employees were present when the attorney came to Mrs. Odell’s home to have the papers signed. Additionally, Nick Hockman’s employees signed as witnesses on the guardianship document. Mrs. Odell’s nephew, by marriage, who also works with Nick Hockman was appointed sole POA and guardian, with the removal of all of Mrs. Odell’s children. 12) On the same day Nick Hockman had the guardianship changed, he had Mrs. Odell enter a six (6) year non-terminable management agreement, with Nick Hockman as sole listing agent with any sale of The Properties and any other property owned by Mrs. Odell. No management agreement existed previously between Nick Hockman and Mrs. Odell for the AFFIDAVIT OF LESLIE JEWELL PAGE 2 OF 6 numerous years that he managed her properties. Nick Hockman repeatedly confirmed lack of a contract of any kind with Mrs. Odell related to her properties, when asked. Mrs. Odell never received a copy of the six-year management agreement. 13)The POA and guardianship was quickly reversed, reverting to Mrs. Odell’s 2019/2021 selections, once discovered a couple of weeks later. 14) At all relevant times, Nick Hockman has had a personal interest in the estate as he has expressed his desire to purchase The Properties. 15)The Jewells attempted to terminate Nick Hockman and hire Keyrenter to manage the properties until they learned of the six-year non-terminable contract. 16) Keyrenter was informed by tenants that Nick Hockman threatened them with litigation if they did not pay him directly. Nick Hockman also attempted to force tenants to get homeowners insurance through him. 17) A timeline of important dates is provided below: June 11, 2019: Estelle J. Odell created EJO Living Trust naming Estelle J. Odell as Trustee. Durable Power of Attorney for Estelle Odell is named Leslie Jewell and her brother as co-agents. May 18, 2021: First Amendment and Complete Restatement of EJO Living Trust. Durable Power of Attorney for Estelle Odell is still Leslie Jewell as and her brother co-agents. October 2023: Estelle Odell’s doctor indicated lack of capacity due to dementia. November 21, 2023: Leslie Jewell and family reached out to Everyone Win’s Management to manage all thirteen (13) properties, instead of just five (5). December 19, 2023: Nick Hockman approached Estelle Odell with a contract for the sale of the properties, interest only for ten years at a value of $2.5 million. Leslie emailed Nick Hockman informing him that she and her brother have durable power of attorney over Estelle Odell’s estate and to not approach their mother with contracts to sell her property without first speaking to them. Leslie specifically stated, “With mother’s diminished capacity, we will, as her agents, litigate if any agreement, especially this one, is signed without our consent.” AFFIDAVIT OF LESLIE JEWELL PAGE 3 OF 6 Leslie reiterated “Given mother’s diminished capacity, any contract signed would be subject to litigation and would likely be invalidated.”! December 22, 2023: Leslie’s brother emailed Nick Hockman indicating that he was on the phone with Estelle Odell’s primary care physician earlier today and that due to his mother’s diminished capacity, her primary care physician is preparing to formally diagnose that his mother is unable to complete business transactions.” January 3, 2024: Nick Hockman contacts Thorne & Skinner Attorneys at law allegedly on behalf of Estelle Odelle to revoke her daughter and son’s power of attorney and change to her nephew, Kevin Rush Jones.’ January 4, 2024: Power of Attomey is changed to Kevin Jones, and all of Mrs. Odell’s children are removed.‘ January 5, 2024: Nick Hockman has Estelle Odell sign a Declaration Appointing Guardian to Fredrick Odell and Kevin Rush Jones.> Nick Hockman’s employees signed this document as witnesses. Nick Hockman has Estelle Odell sign Everyone Win’s Property Management Agreement for 72 months with no option to terminate this contract until after December 31, 2029.6 January 22, 2024: Nick Hockman stated in an email that some of the properties Estelle Odell owned he “previously owned” and had an oral agreement to buy back other properties Estelle Odell owned.’ January 24, 2024: Leslie Jewell and Mrs. Odell travelled to Thorne & Skinner Attomeys at Law offices so that Mrs. Odell could obtain a copy of her file. Mrs. Odell asked the firm to cease and desist from providing any further additional legal services to her. ' December 19, 2023, Email, attached hereto as “Exhibit A.” 2 December 22, 2023, Email, attached hereto as “Exhibit B.” 3 On all legal documents, including but not limited to, guardianship, POA, last will and testament, EJO living trust in 2019 and again in 2021, Leslie and her brother were listed. Not once, has Kevin Jones been listed on any of Estelle Odell’s legal documents until the power of attorney requested by Nick Hockman. 4 2024 Power of Attorney, attached hereto as “Exhibit C.” 3 Declaration Appointing Guardian, attached hereto as “Exhibit D.” 6 Everyone Win’s Property Management Agreement, attached hereto as “Exhibit E.” 7 January 22, 2024, email, attached hereto as “Exhibit F.” This established that Nick Hockman was an interested party to the documents. None of these “agreements” are in writing because allegedly most business was done on a “handshake/hug” violating the Statute of Frauds and making these “agreements” invalid as a matter of law. AFFIDAVIT OF LESLIE JEWELL PAGE 4 OF 6 January 30, 2024: Estelle J. Odell resigned as trustee. Estelle Odell placed all thirteen properties into EJO Living Trust. Leslie Jewell and her brother are reinstated with Durable Power of Attorney for Estelle Odell. January 31, 2024: The Jewells’ requested the thirteen (13) leases from the Management Company.* February 2, 2024: The Jewells followed up with Nick Hockman for lease request.” February 6, 2024: The Jewells followed up with lease request.!° February 12, 2024: The Jewells followed up with lease request.!! February 13, 2024: Formal Termination from EJO Living Trust of Nick Hockman, Kevin Hicks, and Katie Ray.'? February 18, 2024: Leslie Jewell’s brother resigned as trustee of EJO Living Trust. February 19, 2024: Nick Hockman will not accept the formal termination and insists on continuing as property manager.' February 27, 2024: Email from Richard Groehler from Keyrenter stating that Nick Hockman has been threatening tenants that he would sue them if they do not pay him and pay Keyrenter to manage. He also stated that they must obtain rental insurance through him." 18)I have read Plaintiff's Original Petition, Application for Temporary Restraining Order, Temporary and Permanent Injunctive Relief, and Claim for Damages and all facts asserted therein are true to the best of my knowledge. 19) As Defendants refuse to allow Plaintiff to terminate the contract between the parties, Defendants’ conduct has caused a significant disruption to the tenants of EJO Living Trust and delaying injunctive relief would irreparably harm EJO Living Trust and its tenants; the rights and values of EJO Living Trust, its tenants will continue to be harmed and adversely affected by Defendants’ actions if the Defendants are not enjoined as requested. ° Lease Id. Request, attached hereto as “Exhibit G.” 10 1g. Nig 12 Formal Termination, attached hereto as “Exhibit H.” ° February 19, 2024, Email, attached hereto as “Exhibit 1.” 4 February 27, 2024, Email, attached hereto as “Exhibit J.” AFFIDAVIT OF LESLIE JEWELL PAGE 5 OF 6 20) Defendants’ conduct has also caused a significant disruption to EJO Living Trust and delaying injunctive relief would irreparably harm EJO Living Trust; the rights and values of EJO Living Trust will continue to be harmed and adversely affected by Defendants’ actions if the Defendants are not enjoined as requested. EXECUTED: March 3 » 2024. (iit Leslie Jewell EJO LIVING TRUST STATE OF VIRGINIA ZAraric § COUNTY OF § SUBSCRIBED AND SWORN TO before me on March —3 , 2024, by Leslie Jewell, acting in the capacity stated therein. tli, YG S. Mtb s “1, Notary Public, State of Virgina seen ids, 09/ 3g /2eaet REGISTRATION $3 = My Commission Expir