Preview
CAUSE NO. _______________
RANDY KEYS IN THE DISTRICT COURT
_____ JUDICIAL DISTRICT
DEBORAH CALCOTE
OF MONTOGOMERY COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
NOW COMES Plaintiff Randy Keys, complaining of Defendant Deborah Calcote, and for cause
of action would show the Court the following:
DISCOVERY CONTROL PLAN
As provided in Rule 190, Texas Rules of Civil Procedure, Plaintiff intends to conduct
discovery under Level 2.
PARTIES
LAINTIFF
Plaintiff, Randy Keys is an individual, of the age of majority who is a resident of
Montgomery County.
EFENDANT
Defendant, Deborah Calcote, is an individual of the age of majority and a resident of
Montgomery County, who may be served with process at Defendant's residence by personal
delivery at 301 Harvard Street Stanford, Texas 79553.
This Court has jurisdiction over Deborah Calcote because said Defendant is a resident
of Texas.
VENUE
Venue is proper in this county in that the events giving rise to this cause of action
occurred within Montgomery County.
IV. JURISDICTION
6. The damages sought in this suit are within the jurisdictional limits of the Court. As
required by Rule 47, Texas Rules of Civil Procedure, Plaintiff states that Plaintiff seeks monetary
relief of $250,000 or less and non-monetary relief.
V. NOTICE OF CLAIM
7. Plaintiff delivered written notice of this claim to Deborah Calcote on March 30, 2024,
advising Deborah Calcote in reasonable detail of the specific complaint made the subject of this
action and the amount and nature of the damages and expenses sought.
VI. FACTS
8. On October 11, 2016, Randy Keys and Deborah Calcote entered into a written contract
(“the contract” herein). A copy of said contract is marked “Attachment 1” and incorporated
herein for all purposes.
9. The parties signed an agreement for the lease purchase of a residence at 20260 Vick
Drive New Caney, Texas 77357. The purchase amount was $70,000. According to the terms of
the contract, Mr. Keys agreed to pay Ms. Calcote $650.00 per month for 10 years.
10. Mr. Keys paid every single installment of the agreement on time and additionally paid the
outstanding balance of $14,750 in a partial payment of $7,375.00 on December 30, 2023, and
$7,375.00 on December 31, 2023. The agreement expressly states that the deed to the property
should be turned over to Mr. Keys upon completion of his obligation, which Ms. Calcote has
failed to do.
11. Instead, after the contract was paid in full, Ms. Calcote threatened to evict Mr. Keys from
the property and refused to hand over the deed. In addition, Mr. Keys paid substantially for
renovations and extreme clean-up of the property whilst abiding by the signed contract.
12. Plaintiff Randy Keys has fully performed all obligations under the contract. Ms. Calcote
is in bad faith and not upholding her performance under the agreement.
2
VII. COUNT 1 – BREACH OF CONTRACT
13. Plaintiff re-alleges and incorporates each allegation contained in the previous paragraphs
of this Petition as if fully set forth herein.
14. The parties signed an agreement for the lease purchase of a residence at 20260 Vick
Drive New Caney, Texas 77357. The purchase amount was $70,000. According to the terms of
the contract, Mr. Keys agreed to pay Ms. Calcote $650.00 per month for 10 years.
SPECIFIC PERFORMANCE
15. Monetary damages are an inadequate remedy for the injuries suffered by Plaintiff as a
result of Defendant’s breach because while monetary damages will compensate Plaintiff for much of his
economic loss due to Defendants' actions, the title to the property still remains in Defendant’s name.
Plaintiff therefore asks the Court to order specific performance of the transfer of true title to Mr. Keys at
Defendant’s expense.
FRAUDULENT INDUCEMENT
In addition to all other facts stated herein, Plaintiff would show the Court the following:
16. Ms. Calcote signed the contract but went back on her word threatening to evict Randy
Keys after he paid his final payment and neglecting to turn over the deed.
17. 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.
18. The above described statements and representations were made with the intent that
Plaintiff rely on them, and Plaintiff did rely on them when entering into the contract.
19. As a result of Defendant's fraud, Plaintiff has been damaged, for which Plaintiff requests
judgment.
3
FRAUD
In addition to all other facts stated herein, Plaintiff would show the Court the following:
20. Ms. Calcote agreed that the deed would belong to Mr. Keys upon final payment.
21. 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. Additionally, such representations were made knowing that Plaintiff was not aware of such
facts and did not have an equal opportunity to discover the truth. Defendant's conduct was an
abuse of the trust and confidence Plaintiff had placed in Defendant.
22. The above described statements and representations were made with the intent that
Plaintiff rely on them, and Plaintiff did rely on them when entering into the contract.
23. As a result of Defendant's fraud, Plaintiff has been damaged, for which Plaintiff requests
judgment.
NEGLIGENT MISREPRESENTATION
24. Defendant made false representations of material facts to Plaintiff in the regular course
of Defendant’s business, profession or employment, or in the course of a transaction in which
Defendant has a pecuniary interest.
25. The representations Defendant made were false.
26. Defendant made these false representations to Plaintiff without exercising reasonable
care or competence in obtaining or communicating the information.
27. Defendant made these false representations with the intention that Plaintiff act on such
representations.
28. Plaintiff did in fact rely on such false representations.
29. As a result of Defendant's negligent representation, Plaintiff has been damaged, for
which Plaintiff requests judgment.
4
RESTITUTION
30. Plaintiff delivered valuable goods or services to Defendant which resulted in an
unconscionable unjust enrichment to Defendant. Plaintiff therefore asks for a judgment of
restitution in equity against Defendant.
NONECONOMIC DAMAGES
31. As a result of Defendant's conduct, Plaintiff suffered noneconomic damages as defined
in Section 41.001, Texas Civil Practice and Remedies Code, for which Plaintiff requests
judgment.
ECONOMIC DAMAGES
32. As a result of Defendant's conduct, Plaintiff suffered economic damages as defined in
Section 41.001, Texas Civil Practice and Remedies Code, for which Plaintiff requests judgment.
ATTORNEY’S FEES AND COSTS
33. Plaintiff requests judgment for reasonable attorney’s fees and costs under Sections
37.009 and Chapter 38, Texas Civil Practice and Remedies Code.
ALTERNATE PLEADINGS
34. As provided in Rule 48, Texas Rules of Civil Procedure, claims for relief made in this
petition are presented in the alternative when necessary to preserve such claim.
JURY DEMAND
35. Plaintiff hereby requests a jury trial.
REQUIRED INITIAL DISCLOSURES
36. As provided in Rule 194, Texas Rules of Civil Procedure, required Initial Disclosures of
all items listed in Rule 194.2 must be made at or within 30 days after the filing of the first answer
unless a different time is set by the parties’ agreement or court order.
5
37. Plaintiff asks the Court to keep the requirement of Initial Disclosures to be made within
30 days.
PRAYER
38. Plaintiff prays that citation be issued commanding Defendant to appear and answer herein
and that Plaintiff be awarded judgment against Defendant for the relief requested herein and for all other
relief to which Plaintiff is entitled both in equity and at law.
Respectfully submitted,
Infinity Law Group PLLC
2130 Welch Street
Houston, TX 77019
______________________________
Lena Hinton, Esq.
Attorney for Randy Keys
Bar no: 24132526
Office Phone: (832) 479-1832
Email: Lena@infinitylawgroup.net
6
Certificate of Service
I certify that a true copy of this document was served in accordance with Rule 21a of the Texas
Rules of Civil Procedure.
____________________________
Lena Hinton
Attorney for Randy Keys
7
Preview
CAUSE NO. _______________ RANDY KEYS IN THE DISTRICT COURT _____ JUDICIAL DISTRICT DEBORAH CALCOTE OF MONTOGOMERY COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION NOW COMES Plaintiff Randy Keys, complaining of Defendant Deborah Calcote, and for cause of action would show the Court the following: DISCOVERY CONTROL PLAN As provided in Rule 190, Texas Rules of Civil Procedure, Plaintiff intends to conduct discovery under Level 2. PARTIES LAINTIFF Plaintiff, Randy Keys is an individual, of the age of majority who is a resident of Montgomery County. EFENDANT Defendant, Deborah Calcote, is an individual of the age of majority and a resident of Montgomery County, who may be served with process at Defendant's residence by personal delivery at 301 Harvard Street Stanford, Texas 79553. This Court has jurisdiction over Deborah Calcote because said Defendant is a resident of Texas. VENUE Venue is proper in this county in that the events giving rise to this cause of action occurred within Montgomery County. IV. JURISDICTION 6. The damages sought in this suit are within the jurisdictional limits of the Court. As required by Rule 47, Texas Rules of Civil Procedure, Plaintiff states that Plaintiff seeks monetary relief of $250,000 or less and non-monetary relief. V. NOTICE OF CLAIM 7. Plaintiff delivered written notice of this claim to Deborah Calcote on March 30, 2024, advising Deborah Calcote in reasonable detail of the specific complaint made the subject of this action and the amount and nature of the damages and expenses sought. VI. FACTS 8. On October 11, 2016, Randy Keys and Deborah Calcote entered into a written contract (“the contract” herein). A copy of said contract is marked “Attachment 1” and incorporated herein for all purposes. 9. The parties signed an agreement for the lease purchase of a residence at 20260 Vick Drive New Caney, Texas 77357. The purchase amount was $70,000. According to the terms of the contract, Mr. Keys agreed to pay Ms. Calcote $650.00 per month for 10 years. 10. Mr. Keys paid every single installment of the agreement on time and additionally paid the outstanding balance of $14,750 in a partial payment of $7,375.00 on December 30, 2023, and $7,375.00 on December 31, 2023. The agreement expressly states that the deed to the property should be turned over to Mr. Keys upon completion of his obligation, which Ms. Calcote has failed to do. 11. Instead, after the contract was paid in full, Ms. Calcote threatened to evict Mr. Keys from the property and refused to hand over the deed. In addition, Mr. Keys paid substantially for renovations and extreme clean-up of the property whilst abiding by the signed contract. 12. Plaintiff Randy Keys has fully performed all obligations under the contract. Ms. Calcote is in bad faith and not upholding her performance under the agreement. 2 VII. COUNT 1 – BREACH OF CONTRACT 13. Plaintiff re-alleges and incorporates each allegation contained in the previous paragraphs of this Petition as if fully set forth herein. 14. The parties signed an agreement for the lease purchase of a residence at 20260 Vick Drive New Caney, Texas 77357. The purchase amount was $70,000. According to the terms of the contract, Mr. Keys agreed to pay Ms. Calcote $650.00 per month for 10 years. SPECIFIC PERFORMANCE 15. Monetary damages are an inadequate remedy for the injuries suffered by Plaintiff as a result of Defendant’s breach because while monetary damages will compensate Plaintiff for much of his economic loss due to Defendants' actions, the title to the property still remains in Defendant’s name. Plaintiff therefore asks the Court to order specific performance of the transfer of true title to Mr. Keys at Defendant’s expense. FRAUDULENT INDUCEMENT In addition to all other facts stated herein, Plaintiff would show the Court the following: 16. Ms. Calcote signed the contract but went back on her word threatening to evict Randy Keys after he paid his final payment and neglecting to turn over the deed. 17. 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. 18. The above described statements and representations were made with the intent that Plaintiff rely on them, and Plaintiff did rely on them when entering into the contract. 19. As a result of Defendant's fraud, Plaintiff has been damaged, for which Plaintiff requests judgment. 3 FRAUD In addition to all other facts stated herein, Plaintiff would show the Court the following: 20. Ms. Calcote agreed that the deed would belong to Mr. Keys upon final payment. 21. 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. Additionally, such representations were made knowing that Plaintiff was not aware of such facts and did not have an equal opportunity to discover the truth. Defendant's conduct was an abuse of the trust and confidence Plaintiff had placed in Defendant. 22. The above described statements and representations were made with the intent that Plaintiff rely on them, and Plaintiff did rely on them when entering into the contract. 23. As a result of Defendant's fraud, Plaintiff has been damaged, for which Plaintiff requests judgment. NEGLIGENT MISREPRESENTATION 24. Defendant made false representations of material facts to Plaintiff in the regular course of Defendant’s business, profession or employment, or in the course of a transaction in which Defendant has a pecuniary interest. 25. The representations Defendant made were false. 26. Defendant made these false representations to Plaintiff without exercising reasonable care or competence in obtaining or communicating the information. 27. Defendant made these false representations with the intention that Plaintiff act on such representations. 28. Plaintiff did in fact rely on such false representations. 29. As a result of Defendant's negligent representation, Plaintiff has been damaged, for which Plaintiff requests judgment. 4 RESTITUTION 30. Plaintiff delivered valuable goods or services to Defendant which resulted in an unconscionable unjust enrichment to Defendant. Plaintiff therefore asks for a judgment of restitution in equity against Defendant. NONECONOMIC DAMAGES 31. As a result of Defendant's conduct, Plaintiff suffered noneconomic damages as defined in Section 41.001, Texas Civil Practice and Remedies Code, for which Plaintiff requests judgment. ECONOMIC DAMAGES 32. As a result of Defendant's conduct, Plaintiff suffered economic damages as defined in Section 41.001, Texas Civil Practice and Remedies Code, for which Plaintiff requests judgment. ATTORNEY’S FEES AND COSTS 33. Plaintiff requests judgment for reasonable attorney’s fees and costs under Sections 37.009 and Chapter 38, Texas Civil Practice and Remedies Code. ALTERNATE PLEADINGS 34. As provided in Rule 48, Texas Rules of Civil Procedure, claims for relief made in this petition are presented in the alternative when necessary to preserve such claim. JURY DEMAND 35. Plaintiff hereby requests a jury trial. REQUIRED INITIAL DISCLOSURES 36. As provided in Rule 194, Texas Rules of Civil Procedure, required Initial Disclosures of all items listed in Rule 194.2 must be made at or within 30 days after the filing of the first answer unless a different time is set by the parties’ agreement or court order. 5 37. Plaintiff asks the Court to keep the requirement of Initial Disclosures to be made within 30 days. PRAYER 38. Plaintiff prays that citation be issued commanding Defendant to appear and answer herein and that Plaintiff be awarded judgment against Defendant for the relief requested herein and for all other relief to which Plaintiff is entitled both in equity and at law. Respectfully submitted, Infinity Law Group PLLC 2130 Welch Street Houston, TX 77019 ______________________________ Lena Hinton, Esq. Attorney for Randy Keys Bar no: 24132526 Office Phone: (832) 479-1832 Email: Lena@infinitylawgroup.net 6 Certificate of Service I certify that a true copy of this document was served in accordance with Rule 21a of the Texas Rules of Civil Procedure. ____________________________ Lena Hinton Attorney for Randy Keys 7