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CAUSE NO.
SUNSET CROSSING RESIDENTIAL IN THE DISTRICT COURT OF
COMMUNITY, INC.
VS. FORT BEND COUNTY, TEXAS
AUBREY DARNELL ADAMS JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff, Sunset Crossing Residential Community, Inc., files this petition against
Defendant, Aubrey Darnell Adams, for cause of action and shows the following:
Discovery Control Plan
1 Plaintiff intends to conduct discovery under Level Two (2) of Rule 190.3 of the Texas
Rules of Civil Procedure.
Relief Sought - Rule 47
2 of $250,000 or less and non-
Plaintiff affirmatively pleads that it seeks monetary relief
monetary relief.
Parties / Service of Process
3 Plaintiff, Sunset Crossing Residential Community, Inc., is a Texas non-profit
corporation transacting business in Fort Bend County, Texas.
4 Defendant, Aubrey Darnell Adams, is an individual who may be served with process
at 6322 Indigo Cliff Drive, Rosenberg, Texas 77469, or such other place where he may be found.
Nature of the Case
5 Plaintiff files this suit to collect delinquent maintenance assessments due and owing
on property owned by Defendant. Furthermore, Plaintiff seeks to foreclose its lien on such property.
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ROUTED TO COURT 04/23/2024 SL
RT'D TO D. CLERK 04/23/2024 AA
6 Plaintiffcares for and maintains Sunset Crossing, a subdivision in Fort Bend County,
Texas (the "Subdivision") and generally attends to the best interest of the property owners in the
Subdivision.
7 Defendant owns property in the Subdivision commonly known as 6322 Indigo Cliff
Drive, Rosenberg, Texas 77469, and legally described as:
Lot Twenty-Nine (29), Block Three (3), of Sunset Crossing, Section
2, a subdivision in Fort Bend County, Texas, according to the map or
plat thereof, recorded in Plat No. 20180214, Map Records of Fort
Bend County, Texas (the “Property”).
8 Restrictive covenants were recorded in the office of the County Clerk of Fort Bend
County, Texas. Thereafter, the Defendant took title to the Property by a deed. Therefore,
Defendant's title to the Property is subject to the covenants, conditions, limitations and stipulations
set forth in the recorded restrictions (“Declaration”).
9 The Declaration provides that all owners of real property in the Subdivision are
required to pay to Plaintiff assessments to meet the common expenses of the Subdivision. Failure
to do so will cause an owner to also be responsible for interest, costs, and attorneys' fees on past due
assessments,
Default
10. Although often requested to do so, the Defendant has failed and refused, and
continues to fail and refuse, to pay to Plaintiff all such assessments properly due and owing. Plaintiff
would show the Court that the Defendant’s failure to pay its just obligations in accordance with the
foregoing represents a material breach of the covenants between the parties, for which Plaintiff is
entitled to recover damages for delinquent assessments, attorneys' fees and interest in an amount that
is in excess of the minimum jurisdictional level of this Court. Plaintiff is further entitled to such
122755-41 \ 4889-3396-1911.wpd -2-
other assessments, interest, and attorneys’ fees as will continue to accrue subsequent to the filing of
this lawsuit.
11. All just and lawful offsets, payments, and credits have been allowed.
Declaratory Judgment
12. Defendant owns the Property subject to a lien reserved by Plaintiff to secure the
above-described assessments and other charges consistent with the terms and provisions of the
Declaration.
13. Plaintiff seeks a declaration pursuant to Chapter 37 of the Texas Civil Practice and
Remedies Code that it has a valid lien against the Property and that Plaintiff is entitled to foreclosure
of said lien in order to recover the assessments and any other charges due and owing from the
Defendant.
14. Plaintiff seeks foreclosure ofits lien and seeks an Order of Sale against the Defendant
with respect to the Property and further that the proceeds of such sale be applied against the total
amount of Plaintiff's claim against the Defendant.
Conditions Precedent
15. All conditions precedent to Plaintiff's right to recover from the Defendant have
occurred, have been performed, or have been waived by the Defendant.
Quantum Meruit
16. In the alternative, without waiving any of the foregoing, Plaintiff would show that the
Defendant has received the use and benefit of services from the Plaintiff and is thereby indebted to
Plaintiff in quantum meruit. Defendant is obligated by law to pay a reasonable value for services
which are rendered pursuant to the Declaration and received by the Defendant. Plaintiff seeks the
reasonable value of the services which it provided to the Defendant.
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Attorney Fees
17. Consistent with the terms and provisions of the Declaration, Plaintiff seeks its
reasonable attorneys' fees. Plaintiff has made written demand upon the Defendant for payment at
least 30 days prior to filing suit. However, Defendant has failed to respond, thus requiring that
Plaintiff employ the undersigned attorneys to represent it in this action. Plaintiff would respectfully
show unto this Court that the recovery of attorneys' fees is authorized pursuant to the Declaration,
Chapters 37 and 38 of the Civil Practice & Remedies Code, and Section 5.006 of the Texas Property
Code. Plaintiff therefore seeks reasonable attorneys' fees including the Court's approval of additional
attorneys’ fees in the event of an appeal.
18. Pursuant to Rule 192 of the Texas Rules of Civil Procedure, Plaintiff hereby
designates the undersigned attorney, Jonathan H. Clark, as its expert to testify as to reasonable and
necessary attorneys fees incurred by Plaintiff in the preparation, discovery, and trial of this lawsuit.
Plaintiff also designates any other counsel associated with the undersigned law firm who may be
handling this suit at the time of trial as its expert on the issue of reasonable and necessary attorneys
fees incurred by the Plaintiff
in this lawsuit.
Prayer
WHEREFORE PREMISES CONSIDERED, Plaintiff, Sunset Crossing Residential
Community, Inc., requests and prays that Defendant, Aubrey Darnell Adams, be cited to appear and
answer, and that upon final trial hereof, Plaintiff have and recover as follows:
a. Judgment against Defendant for delinquent assessments and
other charges, with interest on all such past-due sums at the
maximum rate allowed by law from the respective dates due
until paid;
Declaration that Plaintiff has a valid lien on the Property;
Foreclosure of the lien on the Property securing the
Defendant’s obligations to Plaintiff, and for an Order of Sale
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and against the Defendant for the Property with a further
order that the proceeds of such sale be applied against the
total amount of Plaintiff's claim as set forth herein;
Reasonable attorneys’ fees through time of trial and such
further attorneys’ fees in the event this matter is appealed;
All costs of Court expended by Plaintiff herein;
Post-judgment interest at the highest rate allowed by law on
the attorneys fees awarded herein from the date of judgment
until paid; and
All such other and further relief, both general and special,
legal and equitable, to which Plaintiff may be justly entitled. _,
Respectfully submitted,
ff
HOOVER sLovagely
By
Jonathan H,€larky/
State Bar @ard 512
5051 Wéstheiy 1100
Houston, Te: 71056
T: (713) 977, 6 /, OA: (713) 458-4800
F: (713) 9f7-
Email: ¢) k@hooverslovacek.com
ATTORNEYS FOR PLAINTIFF
122755-41 \ 4889-3396 -1911.wpd -5-
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CAUSE NO. SUNSET CROSSING RESIDENTIAL IN THE DISTRICT COURT OF COMMUNITY, INC. VS. FORT BEND COUNTY, TEXAS AUBREY DARNELL ADAMS JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff, Sunset Crossing Residential Community, Inc., files this petition against Defendant, Aubrey Darnell Adams, for cause of action and shows the following: Discovery Control Plan 1 Plaintiff intends to conduct discovery under Level Two (2) of Rule 190.3 of the Texas Rules of Civil Procedure. Relief Sought - Rule 47 2 of $250,000 or less and non- Plaintiff affirmatively pleads that it seeks monetary relief monetary relief. Parties / Service of Process 3 Plaintiff, Sunset Crossing Residential Community, Inc., is a Texas non-profit corporation transacting business in Fort Bend County, Texas. 4 Defendant, Aubrey Darnell Adams, is an individual who may be served with process at 6322 Indigo Cliff Drive, Rosenberg, Texas 77469, or such other place where he may be found. Nature of the Case 5 Plaintiff files this suit to collect delinquent maintenance assessments due and owing on property owned by Defendant. Furthermore, Plaintiff seeks to foreclose its lien on such property. 122755-41 \ 4889-3396 -1911.wpd ROUTED TO COURT 04/23/2024 SL RT'D TO D. CLERK 04/23/2024 AA 6 Plaintiffcares for and maintains Sunset Crossing, a subdivision in Fort Bend County, Texas (the "Subdivision") and generally attends to the best interest of the property owners in the Subdivision. 7 Defendant owns property in the Subdivision commonly known as 6322 Indigo Cliff Drive, Rosenberg, Texas 77469, and legally described as: Lot Twenty-Nine (29), Block Three (3), of Sunset Crossing, Section 2, a subdivision in Fort Bend County, Texas, according to the map or plat thereof, recorded in Plat No. 20180214, Map Records of Fort Bend County, Texas (the “Property”). 8 Restrictive covenants were recorded in the office of the County Clerk of Fort Bend County, Texas. Thereafter, the Defendant took title to the Property by a deed. Therefore, Defendant's title to the Property is subject to the covenants, conditions, limitations and stipulations set forth in the recorded restrictions (“Declaration”). 9 The Declaration provides that all owners of real property in the Subdivision are required to pay to Plaintiff assessments to meet the common expenses of the Subdivision. Failure to do so will cause an owner to also be responsible for interest, costs, and attorneys' fees on past due assessments, Default 10. Although often requested to do so, the Defendant has failed and refused, and continues to fail and refuse, to pay to Plaintiff all such assessments properly due and owing. Plaintiff would show the Court that the Defendant’s failure to pay its just obligations in accordance with the foregoing represents a material breach of the covenants between the parties, for which Plaintiff is entitled to recover damages for delinquent assessments, attorneys' fees and interest in an amount that is in excess of the minimum jurisdictional level of this Court. Plaintiff is further entitled to such 122755-41 \ 4889-3396-1911.wpd -2- other assessments, interest, and attorneys’ fees as will continue to accrue subsequent to the filing of this lawsuit. 11. All just and lawful offsets, payments, and credits have been allowed. Declaratory Judgment 12. Defendant owns the Property subject to a lien reserved by Plaintiff to secure the above-described assessments and other charges consistent with the terms and provisions of the Declaration. 13. Plaintiff seeks a declaration pursuant to Chapter 37 of the Texas Civil Practice and Remedies Code that it has a valid lien against the Property and that Plaintiff is entitled to foreclosure of said lien in order to recover the assessments and any other charges due and owing from the Defendant. 14. Plaintiff seeks foreclosure ofits lien and seeks an Order of Sale against the Defendant with respect to the Property and further that the proceeds of such sale be applied against the total amount of Plaintiff's claim against the Defendant. Conditions Precedent 15. All conditions precedent to Plaintiff's right to recover from the Defendant have occurred, have been performed, or have been waived by the Defendant. Quantum Meruit 16. In the alternative, without waiving any of the foregoing, Plaintiff would show that the Defendant has received the use and benefit of services from the Plaintiff and is thereby indebted to Plaintiff in quantum meruit. Defendant is obligated by law to pay a reasonable value for services which are rendered pursuant to the Declaration and received by the Defendant. Plaintiff seeks the reasonable value of the services which it provided to the Defendant. 122755-41 \ 4889-3396 -1911.wpd 3- Attorney Fees 17. Consistent with the terms and provisions of the Declaration, Plaintiff seeks its reasonable attorneys' fees. Plaintiff has made written demand upon the Defendant for payment at least 30 days prior to filing suit. However, Defendant has failed to respond, thus requiring that Plaintiff employ the undersigned attorneys to represent it in this action. Plaintiff would respectfully show unto this Court that the recovery of attorneys' fees is authorized pursuant to the Declaration, Chapters 37 and 38 of the Civil Practice & Remedies Code, and Section 5.006 of the Texas Property Code. Plaintiff therefore seeks reasonable attorneys' fees including the Court's approval of additional attorneys’ fees in the event of an appeal. 18. Pursuant to Rule 192 of the Texas Rules of Civil Procedure, Plaintiff hereby designates the undersigned attorney, Jonathan H. Clark, as its expert to testify as to reasonable and necessary attorneys fees incurred by Plaintiff in the preparation, discovery, and trial of this lawsuit. Plaintiff also designates any other counsel associated with the undersigned law firm who may be handling this suit at the time of trial as its expert on the issue of reasonable and necessary attorneys fees incurred by the Plaintiff in this lawsuit. Prayer WHEREFORE PREMISES CONSIDERED, Plaintiff, Sunset Crossing Residential Community, Inc., requests and prays that Defendant, Aubrey Darnell Adams, be cited to appear and answer, and that upon final trial hereof, Plaintiff have and recover as follows: a. Judgment against Defendant for delinquent assessments and other charges, with interest on all such past-due sums at the maximum rate allowed by law from the respective dates due until paid; Declaration that Plaintiff has a valid lien on the Property; Foreclosure of the lien on the Property securing the Defendant’s obligations to Plaintiff, and for an Order of Sale 122755-41 \ 4889-3396-1911.wpd -4- and against the Defendant for the Property with a further order that the proceeds of such sale be applied against the total amount of Plaintiff's claim as set forth herein; Reasonable attorneys’ fees through time of trial and such further attorneys’ fees in the event this matter is appealed; All costs of Court expended by Plaintiff herein; Post-judgment interest at the highest rate allowed by law on the attorneys fees awarded herein from the date of judgment until paid; and All such other and further relief, both general and special, legal and equitable, to which Plaintiff may be justly entitled. _, Respectfully submitted, ff HOOVER sLovagely By Jonathan H,€larky/ State Bar @ard 512 5051 Wéstheiy 1100 Houston, Te: 71056 T: (713) 977, 6 /, OA: (713) 458-4800 F: (713) 9f7- Email: ¢) k@hooverslovacek.com ATTORNEYS FOR PLAINTIFF 122755-41 \ 4889-3396 -1911.wpd -5-