Answer: JULIAN TORRES, III VS. GENERAL MOTORS, LLC

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Preview
                                Electronically Filed
                                                                                        11/28/2023 3:20 PM
                                                                                        Hidalgo County District Clerks
                                                                                        Reviewed By: Rachel Bueno


                                       CAUSE NO. C-4368-23-H

JULIAN TORRES III,                                  §                 IN THE DISTRICT COURT
                                                    §
     Plaintiff,                                     §
                                                    §
v.                                                  §                 398TH JUDICIAL DISTRICT
                                                    §
GENERAL MOTORS LLC,                                 §
                                                    §
     Defendant.                                     §                 HIDALGO COUNTY, TEXAS

     GENERAL MOTORS LLC’S SPECIAL EXCEPTION, ORIGINAL ANSWER AND GENERAL DENIAL

          COMES NOW General Motors LLC (“GM”) and files this, its Special Exception, Original

Answer and General Denial, and for such would respectfully show the Court as follows:

                                                   I.
                                           Special Exception

          GM objects and specially excepts to Plaintiff’s attempt to invoke a Level 2 Discovery

Control Plan in this case pursuant to Texas Rule of Civil Procedure 190.3 in paragraph 1 of

Plaintiff’s Original Petition. This case should be governed by a Level 3 Discovery Control Plan

under Texas Rule of Civil Procedure 190.4 and GM prays the Court to so rule.

                                                 II.
                                            General Denial

          GM invokes the provisions of Rule 92, Texas Rules of Civil Procedure, and hereby exercises

its legal right to require Plaintiff to prove all of the allegations contained in their live pleadings, if

Plaintiff can so prove them, which are denied. Accordingly, GM denies generally the allegations

of Plaintiff’s pleadings and demands strict proof thereof by a preponderance of the evidence.
                                                                            Electronically Filed
                                                                            11/28/2023 3:20 PM
                                                                            Hidalgo County District Clerks
                                                                            Reviewed By: Rachel Bueno


                                            III.
                                          Prayer

        WHEREFORE, PREMISES CONSIDERED, GM prays the Court that upon trial hereof Plaintiff

recover nothing and that GM recovers costs and such other and further relief as it may show

itself entitled to receive.



                                                        Respectfully submitted,

                                                        Beatty Navarre Strama PC
                                                        901 South Mopac Expressway
                                                        Building 1, Suite 200
                                                        Austin, TX 78746
                                                        (512) 879-5050
                                                        (512) 879-5040 (FAX)

                                                        By: ___/s/ Matthew R. Beatty ____
                                                        Matthew R. Beatty
                                                        State Bar No. 24001169
                                                        mbeatty@bnsfirm.com

                                                        ATTORNEYS FOR DEFENDANT
                                                        GENERAL MOTORS LLC
                                                                               Electronically Filed
                                                                               11/28/2023 3:20 PM
                                                                               Hidalgo County District Clerks
                                                                               Reviewed By: Rachel Bueno


                                   CERTIFICATE OF SERVICE

        I hereby certify that a true and correct copy of the above and foregoing has been served
via the Court’s electronic filing system to all counsel listed below on November 28, 2023:

John D. Barker
Krohn & Moss, Ltd.
10 N. Dearborn St., 3rd Floor
Chicago, IL 60602
(312) 578-9428
(866) 289-0898 (FAX)
SBN: 24072753
jbarker@consumerlawcenter.com


                                                  /s/ Matthew R. Beatty
                                                 Matthew R. Beatty
                         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.

Katelynn Looney on behalf of Matthew Beatty
Bar No. 24001169
klooney@bnsfirm.com
Envelope ID: 82018191
Filing Code Description: Answer/Response
Filing Description: GM Original Answer
Status as of 11/28/2023 3:38 PM CST

Case Contacts

Name               BarNumber Email                           TimestampSubmitted   Status

John D.Barker                jbarker@consumerlawcenter.com   11/28/2023 3:20:03 PM SENT

Matthew R.Beatty             mbeatty@bnsfirm.com             11/28/2023 3:20:03 PM SENT