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Electronically Submitted
4/9/2024 9:57 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1529-B
CAUSE NO.
MARTINA CANTU § 1N THE COUNTY COURT
§
VS. § AT LAW N0.
§
MARIA DE LA LUZ CORTEZ § 0F HIDALGO COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
NOW COMES Plaintiff Martina Cantu, complaining of Defendant Maria de 1a Luz Cortez,
and for cause 0f action would show the Court the following:
Discovery Control Plan
1. As provided in Rules 169 and 190.2, Texas Rules 0f Civil Procedure, Plaintiff intends
t0 conduct discovery under Level 1. Plaintiff affirmatively pleads that this suit seeks only monetary
relief aggregating $250,000 01' less, excluding interest, statutory or punitive damages and penalties,
and attorney’s fees and costs.
Plaintiff
2. Plaintiff, Martina Cantu, is an individual whose address is 3 103 Kumquat Ave., Hidalgo,
TX. 78557.
Defendant
3. Defendant, Maria de 1a Luz Cofiez, is an individual Who may be served with process at
Defendant’s residence by personal delivery at 206 18th Street, Hidalgo, Texas 78557.
4. This Coum has jurisdiction over Maria de 1a Luz Cofiez because said Defendant is a
resident of Texas.
Venue
5. Venue is proper in this county in that the events giving rise to this cause 0f action
occurred Within Hidalgo County.
Electronically Submitted
4/9/2024 9:57 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1529-B
Jurisdiction
6. The damages sought in this suit are Within the jurisdictional limits 0f the Court. As
required by Rule 47, Texas Rules of Civil Procedure, Plaintiff states that Plaintiff seeks only
monetaly relief of $250,000 01‘ less, excluding interest, statutmy or punitive-damages and penalties,
and attorney's fees and costs.
Notice 0f Claim
7. Plaintiff delivered written notice 0f this Claim to Maria de 1a Luz Cortez 0n December
23, 2023, advising Mafia de 1a Luz Cortez in reasonable detail of the specific complaint made the
subject of this action and the amount and nature 0f the damages and expenses sought.
Facts
8. Martina Cantu (hereinafter “Cantu”) and Maria de 1a Luz Cortez (hereinafter “Cortez”)
were close friends. As a result 0fthat friendship, beginning 0n or about 02/06/2017 and continuing
through on 01‘ about 08/04/2020, Cantu made a series of personal cash loans t0 Coflez. Cortez
promised t0 pay back the loans. The amount of the loans totaled $58,200.00. Comez paid back to
Cantu approximately $2,000.00 in order to induce Cantu to continue making loans to Cortez.
Comez has refused t0 pay the balance of $56,200.00 t0 Cantu.
9. Cantu has fully performed all obligations under the contract.
Breach 0f Contract
10. Defendant has refused to maks any payments 0n the loans. The balance due t0 date is
$56,200.00.
Fraudulent Inducement
In addition t0 all other facts stated herein, Cantu would show the Court the following:
11. Cortez induced Cantu t0 make the loans with no intent t0 ever repay Cantu.
12. The above—described statements and representations were material and were made
knowing that they were false when made, or they were made recklessly Without regard for their
truth.
Electronically Submitted
4/9/2024 9:57 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1529-B
13. The above—described statements and representations were made With the intent that
Cantu rely 0n them, and Cantu did rely on them when making the loans.
14. As a result of Cofiez‘s fraud, Cantu has been damaged, for which Cantu requests
judgment.
Declaratory Relief
15. As provided in Section 37.004, Texas Civil Practice and Remedies Code, Plaintiff asks
the Coum t0 render a declaratory judgment declaring the contract valid.
Restitution
16. Plaintiff delivered valuable goods 0r services to Defendant which resulted in an
unconscionable unjust enrichment to Defendant. Plaintiff therefore asks for a judgment of
restitution in equity against Defendant in the amount of $56,200.00.
Exemplary Damages
17. The conduct of Defendant as described above constituted fraud.
18. Plaintiff seeks exemplary damages as provided in Section 41 .003, Texas Civil Practice
and Remedies Code in the amount of $100,000.00, for which Plaintiff requests judgment.
Economic Damages
19. As a result of Defendant's conduct, Cantu suffered economic damages as defined in
Section 41.001, Texas Civil Practice and Remedies Code in the amount of $56,200.00, for Which
Cantu requests judgment.
Attorney's Fees and Costs
20. Plaintiff requests judgment for reasonable attorney’s fees and costs under Sections
37.009 and Chapter 38, Texas Civil Practice and Remedies Code.
Alternative Pleadings
21. As provided in Rule 48, Texas Rules 0f Civil Procedure, claims for relief made in this
petition are presented in the alternative when necessary to preserve such claim.
Jury Demand
22. Plaintiff hereby requests a jury trial,
Electronically Submitted
4/9/2024 9:57 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1529-B
Required Initial Disclosures
I
23. As provided in Rule 194, Texas Rules 0f Civil'Procedure, required Initial Disclosures
0f all items listed in Rule 194.2 must be made at 0r Within 3O days after the filing 0fthe first answer
unless a different time is set by the parties’ agreement or coufi order.
24. Plaintiff asks the Court to keep the requirement 0f Initial Disclosures t0 be made within
30 days.
Prayer
Plaintiff prays that Citation be issued commanding Defendant t0 appear and answer herein
and that Plaintiff be awarded judgment against Defendant for the relief requested herein and for
all other relief t0 which Plaintiff is entitled both in equity and at law.
Respectfully submitted,
Law Office of Jose Luis Flores
111 1 W
Nolana
McAllen,TX 78504
PHONE: (956) 682-0924
FAX: (956) 682-3838
/s/ Jose Luis Flores
Jose Luis Flores
Attorney for: Martina Cantu
Bar n0: 00786401
Phone: (956) 682-0924
Fax: (956) 68243838
Email: joe@j1floreslawfirm.com
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Electronically Submitted 4/9/2024 9:57 AM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1529-B CAUSE NO. MARTINA CANTU § 1N THE COUNTY COURT § VS. § AT LAW N0. § MARIA DE LA LUZ CORTEZ § 0F HIDALGO COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION NOW COMES Plaintiff Martina Cantu, complaining of Defendant Maria de 1a Luz Cortez, and for cause 0f action would show the Court the following: Discovery Control Plan 1. As provided in Rules 169 and 190.2, Texas Rules 0f Civil Procedure, Plaintiff intends t0 conduct discovery under Level 1. Plaintiff affirmatively pleads that this suit seeks only monetary relief aggregating $250,000 01' less, excluding interest, statutory or punitive damages and penalties, and attorney’s fees and costs. Plaintiff 2. Plaintiff, Martina Cantu, is an individual whose address is 3 103 Kumquat Ave., Hidalgo, TX. 78557. Defendant 3. Defendant, Maria de 1a Luz Cofiez, is an individual Who may be served with process at Defendant’s residence by personal delivery at 206 18th Street, Hidalgo, Texas 78557. 4. This Coum has jurisdiction over Maria de 1a Luz Cofiez because said Defendant is a resident of Texas. Venue 5. Venue is proper in this county in that the events giving rise to this cause 0f action occurred Within Hidalgo County. Electronically Submitted 4/9/2024 9:57 AM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1529-B Jurisdiction 6. The damages sought in this suit are Within the jurisdictional limits 0f the Court. As required by Rule 47, Texas Rules of Civil Procedure, Plaintiff states that Plaintiff seeks only monetaly relief of $250,000 01‘ less, excluding interest, statutmy or punitive-damages and penalties, and attorney's fees and costs. Notice 0f Claim 7. Plaintiff delivered written notice 0f this Claim to Maria de 1a Luz Cortez 0n December 23, 2023, advising Mafia de 1a Luz Cortez in reasonable detail of the specific complaint made the subject of this action and the amount and nature 0f the damages and expenses sought. Facts 8. Martina Cantu (hereinafter “Cantu”) and Maria de 1a Luz Cortez (hereinafter “Cortez”) were close friends. As a result 0fthat friendship, beginning 0n or about 02/06/2017 and continuing through on 01‘ about 08/04/2020, Cantu made a series of personal cash loans t0 Coflez. Cortez promised t0 pay back the loans. The amount of the loans totaled $58,200.00. Comez paid back to Cantu approximately $2,000.00 in order to induce Cantu to continue making loans to Cortez. Comez has refused t0 pay the balance of $56,200.00 t0 Cantu. 9. Cantu has fully performed all obligations under the contract. Breach 0f Contract 10. Defendant has refused to maks any payments 0n the loans. The balance due t0 date is $56,200.00. Fraudulent Inducement In addition t0 all other facts stated herein, Cantu would show the Court the following: 11. Cortez induced Cantu t0 make the loans with no intent t0 ever repay Cantu. 12. The above—described statements and representations were material and were made knowing that they were false when made, or they were made recklessly Without regard for their truth. Electronically Submitted 4/9/2024 9:57 AM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1529-B 13. The above—described statements and representations were made With the intent that Cantu rely 0n them, and Cantu did rely on them when making the loans. 14. As a result of Cofiez‘s fraud, Cantu has been damaged, for which Cantu requests judgment. Declaratory Relief 15. As provided in Section 37.004, Texas Civil Practice and Remedies Code, Plaintiff asks the Coum t0 render a declaratory judgment declaring the contract valid. Restitution 16. Plaintiff delivered valuable goods 0r services to Defendant which resulted in an unconscionable unjust enrichment to Defendant. Plaintiff therefore asks for a judgment of restitution in equity against Defendant in the amount of $56,200.00. Exemplary Damages 17. The conduct of Defendant as described above constituted fraud. 18. Plaintiff seeks exemplary damages as provided in Section 41 .003, Texas Civil Practice and Remedies Code in the amount of $100,000.00, for which Plaintiff requests judgment. Economic Damages 19. As a result of Defendant's conduct, Cantu suffered economic damages as defined in Section 41.001, Texas Civil Practice and Remedies Code in the amount of $56,200.00, for Which Cantu requests judgment. Attorney's Fees and Costs 20. Plaintiff requests judgment for reasonable attorney’s fees and costs under Sections 37.009 and Chapter 38, Texas Civil Practice and Remedies Code. Alternative Pleadings 21. As provided in Rule 48, Texas Rules 0f Civil Procedure, claims for relief made in this petition are presented in the alternative when necessary to preserve such claim. Jury Demand 22. Plaintiff hereby requests a jury trial, Electronically Submitted 4/9/2024 9:57 AM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1529-B Required Initial Disclosures I 23. As provided in Rule 194, Texas Rules 0f Civil'Procedure, required Initial Disclosures 0f all items listed in Rule 194.2 must be made at 0r Within 3O days after the filing 0fthe first answer unless a different time is set by the parties’ agreement or coufi order. 24. Plaintiff asks the Court to keep the requirement 0f Initial Disclosures t0 be made within 30 days. Prayer Plaintiff prays that Citation be issued commanding Defendant t0 appear and answer herein and that Plaintiff be awarded judgment against Defendant for the relief requested herein and for all other relief t0 which Plaintiff is entitled both in equity and at law. Respectfully submitted, Law Office of Jose Luis Flores 111 1 W Nolana McAllen,TX 78504 PHONE: (956) 682-0924 FAX: (956) 682-3838 /s/ Jose Luis Flores Jose Luis Flores Attorney for: Martina Cantu Bar n0: 00786401 Phone: (956) 682-0924 Fax: (956) 68243838 Email: joe@j1floreslawfirm.com