Preview
4/3/2024 3:05 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 86256833
2024-21125 / Court: 190 By: Adiliani Solis
Filed: 4/3/2024 3:05 PM
CAUSE NO.
WELLS FARGO BANK, NA, iN THE DISTRICT COURT
Plaintiff,
ve. § JUDICIAL DISTRICT
§
GEORGE A PINEDA,
Defendant. HARRIS COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Wells Fargo Bank, NA (hereinafter referred to as “Plaintiff”), and files
this its Original Petition complaining of George A Pineda (hereinafter referred to as
“Defendant”), and for cause of action Plaintiff would respectfully show unto the Court the
following:
DISCOVERY CONTROL PLAN
PARTIES AND PROCESS
1 Plaintiff requests that discovery be conducted under Level 2 of Rule 190.
2 Plaintiff is a South Dakota national banking association registered to do business
in the State of Texas.
3 Defendant George A Pineda is an individual who may be served with process at
2517 Peach Ln, Pasadena Tx 77502-5439.
4 Plaintiff seeks only monetary relief of $100,000.00 or less, including damages of
any kind, penalties, costs, expenses, pre-judgment interest, and attomey fees.
ENAL PY oN Pace}
21996
i.
JURISDICTION AND VENUE
5 Jurisdiction is proper, because the amount im controversy exceeds the
jurisdictional minimum of this Court. Venue is proper in Harris County because Defendant
resides in Harris County, Texas.
6 Plaintiff has fully performed all of its duties and obligations under the Account.
All conditions precedent to the institution of this suit and Plaintiff's recovery have been
performed, satisfied or have occurred.
Hi.
BREACH OF CONTRACT
7
Defendant, George A Pineda, for value received, made, executed and delivered to
Plaintiff a Wells Fargo Consumer Credit Card Customer Agreement and Disclosure Statement
evidencing a Line of Credit (the “Account”). On or about 11/14/2018, Defendant accessed the
Line of Credit. The Account provided for Defendant to make payments to Plaintiff of all
principal and interest. The complete terms of the Account are more particularly described
therein and incorporated herein by reference for all purposes.
8 Defendant failed to abide by the terms of the Account by failing and refusing to
make payments as required under the terms of the Account after receiving demand from
Plaintiff. Defendant was duly notified of such default under the Account and payment was
demanded, but Defendant failed to cure same. All amounts due under the Account have been
demanded by Plaintiff.
9. Plaintiff is the legal owner and holder of the Account. Plaintiff seeks recovery of
the entire, unpaid principal balance of the Account. As a result of Defendant’s default, there is
the amount of $18,105.03.
now due, owing and unpaid from Defendant to Plaintiff
0-21906 Pace?
iv.
SECOND CAUSE OF ACTION ACCOUNT STATED
10. Pleading in the alternative, Plaintiff alleges that it should recover from Defendant
on an account stated theory of recovery. Plaintiff is entitled to recovery because a series of
transactions between the parties gave rise to the indebtedness of Defendant to Plaintiff. An
agreement exists between Plaintiff and Defendant which establishes the amount due. As part of
the agreement governing the Account, the Defendant made a promise to pay the debt and has
failed to pay.
ii. All just lawful offsets, credits, and payments have been applied. The amount now
due, owing and unpaid from Defendant to Plaintiff the amount of $18,105.03.
Vv
RE UEST FOR ATTORNEW’S FEES
12. Plaintiff would further show that it has necessarily delivered said Account to the
undersigned attorneys for collection and employed them to prosecute this case, for which
Plaintiff has agreed to pay reasonable attorney’s fees, judgment for which Plaintiff prays
pursuant to Tex, Civ. Prac. & Rem. Code, Section 38.001, ef seg., and the terms of the Account.
Additionally, Plaintiff requests that all attorney’s fees involved in the appellate process, if same
becomes necessary.
Vi
CONCLUSION AND PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to
appear and answer herein as required by law and that upon final hearing thereof, Plaintiff have
judgment of and from the Defendant as follows:
273520-2 1906 PAGED
for the entire unpaid principal balance of the Account and all other amounts due
and owing pursuant to the terms of the Account;
for reasonable attorney’s fees, at all levels of the legal process;
for all costs of Court herein; and
for such other and further relief, both general and special, at law or in equity, to
which Plaintiff may be justly entitled.
Respectfully submitted,
WADDELL SERAFINO GEARY RECHNER
JENEVEIN, P.C.
1717 Main Street, Suite 2500
Dallas, Texas 75201
214-979-7442 - Telephone
214-979-7402 - Telecopier
CL ee
%, a
By
RK RECHNER
State Bar No. 24058064
mrechner@wslawpe.com
THOMAS M. SELLERS
State Bar No. 24070589
isellers@wslawpe.com
WHITNEY ABBOTT
State Bar No. 24052628
wabbott@wslawpe.com
CARL SMART
State Bar No. 24033815
csmart@wslawpe.com
ATTORNEYS FOR PLAINTIFF
WELLS FARGO BANK, NA
i
2735 21906 Pace 4
Preview
4/3/2024 3:05 PM Marilyn Burgess - District Clerk Harris County Envelope No. 86256833 2024-21125 / Court: 190 By: Adiliani Solis Filed: 4/3/2024 3:05 PM CAUSE NO. WELLS FARGO BANK, NA, iN THE DISTRICT COURT Plaintiff, ve. § JUDICIAL DISTRICT § GEORGE A PINEDA, Defendant. HARRIS COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Wells Fargo Bank, NA (hereinafter referred to as “Plaintiff”), and files this its Original Petition complaining of George A Pineda (hereinafter referred to as “Defendant”), and for cause of action Plaintiff would respectfully show unto the Court the following: DISCOVERY CONTROL PLAN PARTIES AND PROCESS 1 Plaintiff requests that discovery be conducted under Level 2 of Rule 190. 2 Plaintiff is a South Dakota national banking association registered to do business in the State of Texas. 3 Defendant George A Pineda is an individual who may be served with process at 2517 Peach Ln, Pasadena Tx 77502-5439. 4 Plaintiff seeks only monetary relief of $100,000.00 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attomey fees. ENAL PY oN Pace} 21996 i. JURISDICTION AND VENUE 5 Jurisdiction is proper, because the amount im controversy exceeds the jurisdictional minimum of this Court. Venue is proper in Harris County because Defendant resides in Harris County, Texas. 6 Plaintiff has fully performed all of its duties and obligations under the Account. All conditions precedent to the institution of this suit and Plaintiff's recovery have been performed, satisfied or have occurred. Hi. BREACH OF CONTRACT 7 Defendant, George A Pineda, for value received, made, executed and delivered to Plaintiff a Wells Fargo Consumer Credit Card Customer Agreement and Disclosure Statement evidencing a Line of Credit (the “Account”). On or about 11/14/2018, Defendant accessed the Line of Credit. The Account provided for Defendant to make payments to Plaintiff of all principal and interest. The complete terms of the Account are more particularly described therein and incorporated herein by reference for all purposes. 8 Defendant failed to abide by the terms of the Account by failing and refusing to make payments as required under the terms of the Account after receiving demand from Plaintiff. Defendant was duly notified of such default under the Account and payment was demanded, but Defendant failed to cure same. All amounts due under the Account have been demanded by Plaintiff. 9. Plaintiff is the legal owner and holder of the Account. Plaintiff seeks recovery of the entire, unpaid principal balance of the Account. As a result of Defendant’s default, there is the amount of $18,105.03. now due, owing and unpaid from Defendant to Plaintiff 0-21906 Pace? iv. SECOND CAUSE OF ACTION ACCOUNT STATED 10. Pleading in the alternative, Plaintiff alleges that it should recover from Defendant on an account stated theory of recovery. Plaintiff is entitled to recovery because a series of transactions between the parties gave rise to the indebtedness of Defendant to Plaintiff. An agreement exists between Plaintiff and Defendant which establishes the amount due. As part of the agreement governing the Account, the Defendant made a promise to pay the debt and has failed to pay. ii. All just lawful offsets, credits, and payments have been applied. The amount now due, owing and unpaid from Defendant to Plaintiff the amount of $18,105.03. Vv RE UEST FOR ATTORNEW’S FEES 12. Plaintiff would further show that it has necessarily delivered said Account to the undersigned attorneys for collection and employed them to prosecute this case, for which Plaintiff has agreed to pay reasonable attorney’s fees, judgment for which Plaintiff prays pursuant to Tex, Civ. Prac. & Rem. Code, Section 38.001, ef seg., and the terms of the Account. Additionally, Plaintiff requests that all attorney’s fees involved in the appellate process, if same becomes necessary. Vi CONCLUSION AND PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear and answer herein as required by law and that upon final hearing thereof, Plaintiff have judgment of and from the Defendant as follows: 273520-2 1906 PAGED for the entire unpaid principal balance of the Account and all other amounts due and owing pursuant to the terms of the Account; for reasonable attorney’s fees, at all levels of the legal process; for all costs of Court herein; and for such other and further relief, both general and special, at law or in equity, to which Plaintiff may be justly entitled. Respectfully submitted, WADDELL SERAFINO GEARY RECHNER JENEVEIN, P.C. 1717 Main Street, Suite 2500 Dallas, Texas 75201 214-979-7442 - Telephone 214-979-7402 - Telecopier CL ee %, a By RK RECHNER State Bar No. 24058064 mrechner@wslawpe.com THOMAS M. SELLERS State Bar No. 24070589 isellers@wslawpe.com WHITNEY ABBOTT State Bar No. 24052628 wabbott@wslawpe.com CARL SMART State Bar No. 24033815 csmart@wslawpe.com ATTORNEYS FOR PLAINTIFF WELLS FARGO BANK, NA i 2735 21906 Pace 4