Preview
FILED
3/29/2024 1:17 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Brandon Keys DEPUTY
NO. DC-24—03857
EJO LIVING TRUST, § IN THE DISTRICT COURT
PLAINTIFF §
§
§
§
§ 134TH JUDICIAL DISTRICT
§
V §
§
NICK HOCKMAN, EVERYONE WIN’S §
MANAGEMENT, LLC §
§
§ DALLAS COUNTY, TEXAS
§
DEFENDANTS’ PLEA TO THE J URISDICTION. ORIGINAL AN SWER.
COUNTER-PETITION
Counter-Plaintiffs and Original Defendants, Nick Hockman, and Everyone Wins Management,
LLC, file this Plea the Jurisdiction, and, in the alternative, an Answer, and counter-petition:
PLEA TO THE JURISDICTION
l. The Plaintiff lacks the capacity to sue and also lacks standing to sue.
2. A trust is not a separate legal entity that can be sued or can sue.
3. It is stated in Leslie Jewell’s affidavit, attached to the Original Petition, at paragraph 4, that “The
Trust is filing this Original Petition, including an Application for Temporary Restraining Order and
Temporary Injunctive Reliefi in the above-styled case, due to Defendants’ unethical and predatory
actions.” (See March l3, 2024 Affidavit of Leslie Jewell, attached to Plaintiff s Original Petition as
Exhibit l, emphasis added.)
DEFENDANTS' PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION
4. The Plaintiffs petition affirmatively negates the court’s jurisdiction.
5. As such, this court lacks subject matter jurisdiction because the Plaintiff lacks capacity and standing
to sue, meaning this lawsuit must be dismissed Without haste.
DISCOVERY LEVEL
6. Pursuant to Rule 190 of the Texas Rules of Civil Procedure, discovery is intended to be conducted
under level 2.
PARTIES
7. Nick Hockman is a Defendant and counter-petitioner in this suit.
8. Everyone Wins Management, LLC is a Defendant and counter-petitioner in this suit.
9. EJO Living Trust is not an entity that can sue or be sued, but has been named as the Plaintiff in this
suit.
GENERAL DENIAL
10. Defendant generally denies each and all of the allegations in the Original Petition, and any
amendments or supplements thereto, and demand strict proof thereof as required by the Texas Rules of
Civil Procedure.
COUNTER-CLAIMS
ll. The damages sought by Defendants as counter-plaintiffs are within the jurisdictional limits of this
court.
12. Defendants seek monetary relief over $1,000,000
l3. Monetary relief will be sought from Plaintiff, Leslie Jewell and Andrew Jewell, amongst others.
14. Pursuant to TRCP 48, Defendants/counter-plaintiffs plead in the alternative.
15. Facts: Defendants had a contract for management of properties with Estelle J. Odell. Leslie Jewell
and Andrew Jewell deliberately interfered with the contract between Defendants and Ms. Odell,
DEFENDANTS’ PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION
causing them injuries. Leslie Jewell and Andrew Jewell instructed tenants not to deal with Defendants
and hired a new property management company, that acted as their agent to contact tenants at the
properties to be managed. The new property management company directed tenants to have no further
dealings with Defendants. Leslie Jewell and Andrew Jewell, knowing of the contract between
Defendants and Ms. Odell, encouraged Ms. Odell to breach her contract with Defendants, and, by
alleging to become trustee of her assets, then breached the management contract with Defendants.
Additionally, Defendants had a separate partnership with Ms. Odell for the ownership and management
of certain properties.
16. Tortious interference with existing contract: The Defendants incorporate the above facts herein
by reference. The counter-petitioners, Everyone Wins Management, LLC, and Nick Hockman, had a
valid contract. The counter-defendant willfully and intentionally interfered with the contract. The
interference proximately caused the counter-plaintiffs’ injury. The counter-plaintiffs incurred actual
damages or loss.
l7. Declaratory Judgment: The Defendants incorporate the above facts herein by reference. In the
alternative, or in addition to the above causes of action, Defendants seek declaratory relief, pursuant to
CPRC Chapter 37 and other relevant law, that Defendants and Ms. Odell had a partnership agreement
regarding the ownership and management of certain properties. Defendants seek declaratory relief that
Leslie Jewell and Andrew Jewell breached a management contract as alleged trustees of the alleged
trust of Ms. Odell, thereby rendering the alleged trust, alleged trustees, and its alleged beneficiaries
liable for breach of contract.
JURY DEMAND
18. Defendants demand trial by jury and tender the appropriate fee.
ATTORNEY FEES
DEFENDANTS' PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION
19. It was necessary for Defendant to retain the services of Ramos Law Firm, a licensed attorney, to
prepare and defend this suit. Defendants seek attorney’s fees pursuant to all relevant statutes, including
CPRC Sec. 37.009.
REQUEST FOR DISCLOSURE
20. Under Texas Rule of Civil Procedure 194, Defendant requests that all other parties serve initial
disclosures in accordance with the deadlines set forth in the Rules of Civil Procedure.
PRAYER
21. For these reasons, Defendants ask that the court grant their motion to dismiss and plea to the
jurisdiction, that Plaintiff take nothing in its suit, that Defendants be awarded their attorney’s fees, that
the court find in Defendants’ favor on their counter-claims, and that the court award all other relief in
law and equity, that they are entitled to.
Respectfully submitted,
By: /s/Guillerm0 H. Ramos
Guillermo H. Ramos
Texas Bar No. 24073272
Email: ghr@theramosfirm.com
Ramos Law Firm
2704 Valley View Lane
Partners Branch, TX 75234
Tel. (972) 201-9977
Fax. (972) 247-3501
Attorney for Defendant
DEFENDANTS' PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION
CERTIFICATE OF SERVICE
I celtify that on March 29, 2024 a true and correct copy of above was served on the parties
listed below.
/s/Guillerm0 H. Ramos
Guillermo H. Ramos
VIA EMAIL/ ESERVICE
LANCE ERICKSON
Lance@HOALega1.com
MANNING & MEYERS
Attorneys at Law
4340 N. Central Expressway, Suite 200
Rockwall, Texas 75206
(214) 823-6600 — Telephone
(214) 821-3800 — Facsimile
DEFENDANTS' PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION
VERIFICATION
STATE 0F TEXAS §
§
COUNTY 0F DALLAS §
BEFORE ME, the undersigned notary public, on this day personally appeared NICK
HOCKMAN who, afier being duly sworn upon his oath, testified as follows:
“My name is NICK HOCKMAN.
I am over the age of 21 years. I have personal knowledge of all of the facts set forth above, and
hereby state that every factual allegation set forth therein is true and correct.”
FURTHER AFFIANT SAYETH NO .”
Signed this Zfl day of Marm 2024.
Ural (Mav-
NiCK HOCKMAN
SUBSCRIBED AND SWORN BEFORE ME on this Z? day of March 2023, to
certify which witness my hand and official seal.
9M3, mummcos
gfiv
‘wx
MyNotarylD#131978305
ExpiresApril17.2027
Notary Public in and for the State of Texas
DEFENDANTS' PLEA T0 THE JURISDICTION, ORIGINAL ANSWER, 8: COUNTER-PETITION
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.
Yomara Gutierrez on behalf of Guillermo Ramos
Bar No. 24073272
admin@theramosfirm.com
Envelope ID: 86109086
Filing Code Description: Counter Claim
Filing Description: AND ORIGINAL ANSWER
Status as of 3/31/2024 11:17 PM CST
Associated Case Party: EJO LIVING TRUST
Name BarNumber Email TimestampSubmitted Status
Lance Erickson Lance@HOALegal.com 3/29/2024 1:17:37 PM SENT
Shannon Spizman Shannon@HOALegal.com 3/29/2024 1:17:37 PM SENT
Sylvia Vazquez sylvia@hoalegal.com 3/29/2024 1:17:37 PM SENT
Associated Case Party: EVERYONE'S WIN'S MANAGEMENT, LLC
Name BarNumber Email TimestampSubmitted Status
Carlos Aguilar caiv@theramosfirm.com 3/29/2024 1:17:37 PM SENT
W DeanCook wdc@theramosfirm.com 3/29/2024 1:17:37 PM SENT
Ruby E.Gutierrez office@theramosfirm.com 3/29/2024 1:17:37 PM SENT
Yomara Gutierrez admin@theramosfirm.com 3/29/2024 1:17:37 PM SENT
Guillermo Ramos ghr@theramosfirm.com 3/29/2024 1:17:37 PM SENT
Alondra Ruiz clerk@theramosfirm.com 3/29/2024 1:17:37 PM SENT
Preview
FILED 3/29/2024 1:17 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Brandon Keys DEPUTY NO. DC-24—03857 EJO LIVING TRUST, § IN THE DISTRICT COURT PLAINTIFF § § § § § 134TH JUDICIAL DISTRICT § V § § NICK HOCKMAN, EVERYONE WIN’S § MANAGEMENT, LLC § § § DALLAS COUNTY, TEXAS § DEFENDANTS’ PLEA TO THE J URISDICTION. ORIGINAL AN SWER. COUNTER-PETITION Counter-Plaintiffs and Original Defendants, Nick Hockman, and Everyone Wins Management, LLC, file this Plea the Jurisdiction, and, in the alternative, an Answer, and counter-petition: PLEA TO THE JURISDICTION l. The Plaintiff lacks the capacity to sue and also lacks standing to sue. 2. A trust is not a separate legal entity that can be sued or can sue. 3. It is stated in Leslie Jewell’s affidavit, attached to the Original Petition, at paragraph 4, that “The Trust is filing this Original Petition, including an Application for Temporary Restraining Order and Temporary Injunctive Reliefi in the above-styled case, due to Defendants’ unethical and predatory actions.” (See March l3, 2024 Affidavit of Leslie Jewell, attached to Plaintiff s Original Petition as Exhibit l, emphasis added.) DEFENDANTS' PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION 4. The Plaintiffs petition affirmatively negates the court’s jurisdiction. 5. As such, this court lacks subject matter jurisdiction because the Plaintiff lacks capacity and standing to sue, meaning this lawsuit must be dismissed Without haste. DISCOVERY LEVEL 6. Pursuant to Rule 190 of the Texas Rules of Civil Procedure, discovery is intended to be conducted under level 2. PARTIES 7. Nick Hockman is a Defendant and counter-petitioner in this suit. 8. Everyone Wins Management, LLC is a Defendant and counter-petitioner in this suit. 9. EJO Living Trust is not an entity that can sue or be sued, but has been named as the Plaintiff in this suit. GENERAL DENIAL 10. Defendant generally denies each and all of the allegations in the Original Petition, and any amendments or supplements thereto, and demand strict proof thereof as required by the Texas Rules of Civil Procedure. COUNTER-CLAIMS ll. The damages sought by Defendants as counter-plaintiffs are within the jurisdictional limits of this court. 12. Defendants seek monetary relief over $1,000,000 l3. Monetary relief will be sought from Plaintiff, Leslie Jewell and Andrew Jewell, amongst others. 14. Pursuant to TRCP 48, Defendants/counter-plaintiffs plead in the alternative. 15. Facts: Defendants had a contract for management of properties with Estelle J. Odell. Leslie Jewell and Andrew Jewell deliberately interfered with the contract between Defendants and Ms. Odell, DEFENDANTS’ PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION causing them injuries. Leslie Jewell and Andrew Jewell instructed tenants not to deal with Defendants and hired a new property management company, that acted as their agent to contact tenants at the properties to be managed. The new property management company directed tenants to have no further dealings with Defendants. Leslie Jewell and Andrew Jewell, knowing of the contract between Defendants and Ms. Odell, encouraged Ms. Odell to breach her contract with Defendants, and, by alleging to become trustee of her assets, then breached the management contract with Defendants. Additionally, Defendants had a separate partnership with Ms. Odell for the ownership and management of certain properties. 16. Tortious interference with existing contract: The Defendants incorporate the above facts herein by reference. The counter-petitioners, Everyone Wins Management, LLC, and Nick Hockman, had a valid contract. The counter-defendant willfully and intentionally interfered with the contract. The interference proximately caused the counter-plaintiffs’ injury. The counter-plaintiffs incurred actual damages or loss. l7. Declaratory Judgment: The Defendants incorporate the above facts herein by reference. In the alternative, or in addition to the above causes of action, Defendants seek declaratory relief, pursuant to CPRC Chapter 37 and other relevant law, that Defendants and Ms. Odell had a partnership agreement regarding the ownership and management of certain properties. Defendants seek declaratory relief that Leslie Jewell and Andrew Jewell breached a management contract as alleged trustees of the alleged trust of Ms. Odell, thereby rendering the alleged trust, alleged trustees, and its alleged beneficiaries liable for breach of contract. JURY DEMAND 18. Defendants demand trial by jury and tender the appropriate fee. ATTORNEY FEES DEFENDANTS' PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION 19. It was necessary for Defendant to retain the services of Ramos Law Firm, a licensed attorney, to prepare and defend this suit. Defendants seek attorney’s fees pursuant to all relevant statutes, including CPRC Sec. 37.009. REQUEST FOR DISCLOSURE 20. Under Texas Rule of Civil Procedure 194, Defendant requests that all other parties serve initial disclosures in accordance with the deadlines set forth in the Rules of Civil Procedure. PRAYER 21. For these reasons, Defendants ask that the court grant their motion to dismiss and plea to the jurisdiction, that Plaintiff take nothing in its suit, that Defendants be awarded their attorney’s fees, that the court find in Defendants’ favor on their counter-claims, and that the court award all other relief in law and equity, that they are entitled to. Respectfully submitted, By: /s/Guillerm0 H. Ramos Guillermo H. Ramos Texas Bar No. 24073272 Email: ghr@theramosfirm.com Ramos Law Firm 2704 Valley View Lane Partners Branch, TX 75234 Tel. (972) 201-9977 Fax. (972) 247-3501 Attorney for Defendant DEFENDANTS' PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION CERTIFICATE OF SERVICE I celtify that on March 29, 2024 a true and correct copy of above was served on the parties listed below. /s/Guillerm0 H. Ramos Guillermo H. Ramos VIA EMAIL/ ESERVICE LANCE ERICKSON Lance@HOALega1.com MANNING & MEYERS Attorneys at Law 4340 N. Central Expressway, Suite 200 Rockwall, Texas 75206 (214) 823-6600 — Telephone (214) 821-3800 — Facsimile DEFENDANTS' PLEA TO THE JURISDICTION, ORIGINAL ANSWER, & COUNTER-PETITION VERIFICATION STATE 0F TEXAS § § COUNTY 0F DALLAS § BEFORE ME, the undersigned notary public, on this day personally appeared NICK HOCKMAN who, afier being duly sworn upon his oath, testified as follows: “My name is NICK HOCKMAN. I am over the age of 21 years. I have personal knowledge of all of the facts set forth above, and hereby state that every factual allegation set forth therein is true and correct.” FURTHER AFFIANT SAYETH NO .” Signed this Zfl day of Marm 2024. Ural (Mav- NiCK HOCKMAN SUBSCRIBED AND SWORN BEFORE ME on this Z? day of March 2023, to certify which witness my hand and official seal. 9M3, mummcos gfiv ‘wx MyNotarylD#131978305 ExpiresApril17.2027 Notary Public in and for the State of Texas DEFENDANTS' PLEA T0 THE JURISDICTION, ORIGINAL ANSWER, 8: COUNTER-PETITION 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. Yomara Gutierrez on behalf of Guillermo Ramos Bar No. 24073272 admin@theramosfirm.com Envelope ID: 86109086 Filing Code Description: Counter Claim Filing Description: AND ORIGINAL ANSWER Status as of 3/31/2024 11:17 PM CST Associated Case Party: EJO LIVING TRUST Name BarNumber Email TimestampSubmitted Status Lance Erickson Lance@HOALegal.com 3/29/2024 1:17:37 PM SENT Shannon Spizman Shannon@HOALegal.com 3/29/2024 1:17:37 PM SENT Sylvia Vazquez sylvia@hoalegal.com 3/29/2024 1:17:37 PM SENT Associated Case Party: EVERYONE'S WIN'S MANAGEMENT, LLC Name BarNumber Email TimestampSubmitted Status Carlos Aguilar caiv@theramosfirm.com 3/29/2024 1:17:37 PM SENT W DeanCook wdc@theramosfirm.com 3/29/2024 1:17:37 PM SENT Ruby E.Gutierrez office@theramosfirm.com 3/29/2024 1:17:37 PM SENT Yomara Gutierrez admin@theramosfirm.com 3/29/2024 1:17:37 PM SENT Guillermo Ramos ghr@theramosfirm.com 3/29/2024 1:17:37 PM SENT Alondra Ruiz clerk@theramosfirm.com 3/29/2024 1:17:37 PM SENT