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FILED
5/6/2024 10:15 AM
2 CIT / ESERVE FELICIA PITRE
JURY DEMAND DISTRICT CLERK
DALLAS CO., TEXAS
Fernando Soto DEPUTY
DC-24-06547
CAUSE NO. ______________
MOSHE FELDHENDLER AND § IN THE DISTRICT COURT OF
LEAH FELDHENDLER, §
Plaintiff, §
§
V. §
§ DALLAS COUNTY, TEXAS
JOSE RODRIGUEZ, INDIVIDUALLY §
AND D/B/A NATURAL STONE DESIGNS, §
AND TDMG INC. D/B/A NATURAL §
101st
STONE DESIGNS §
Defendant. § ________ JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION AND JURY DEMAND
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiffs Moshe and Leah Feldhendler, file this their Original Petition against Defendant,
Jose Rodriguez, Individually and d/b/a Natural Stone Designs, and respectfully state as follows:
DISCOVERY CONTROL PLAN
1. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil
Procedure 190.4 and affirmatively pleads that it seeks monetary relief aggregating no more than
$250,000.
2. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil
Procedure 190.2 and affirmatively pleads that this suit is governed by the expedited-actions
process in Texas Rule of Civil Procedure 169.
PARTIES
3. Plaintiffs, Moshe and Leah Feldhendler are individuals, husband and wife, who, at
all times relevant hereto, resided in Dallas County, Texas at 29 Masland Circle, Dallas, Texas
75230. The last three numbers of Plaintiff Moshe Feldhendler’s driver’s license number are 802.
PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 1 of 8
The last three numbers of Plaintiff Leah Feldhendler’s driver’s license number are 804. The last
three numbers of Plaintiff Moshe Feldhendler’s Social Security number are 800. The last three
numbers of Plaintiff Leah Feldhendler’s Social Security number are 576.
4. Defendant, Jose Rodriguez (“Rodriguez”) Individually and doing business as
Natural Stone Designs is a tradesman holding himself out as an expert in materials, performing
custom granite designs for installation in residential and commercial premises. Natural Stone
Designs is duly formed and existing under the laws of the State of Texas, with its principal office
and place of business in Dallas County, Texas at 2400 Tarpley Road, Carrollton, Texas 75006,
where it may be served with process.
5. Defendant, TDMG, Inc. d/b/a Natural Stone Designs (“TDMG”) is a duly formed
and existing corporation under the laws of the State of Texas, with its principal office and place of
business in Dallas County, Texas at 2400 Tarpley Road, Carrollton, Texas 75006, where it may
be served with process.
JURISDICTION
6. The Court has subject-matter jurisdiction over this lawsuit because the amount in
controversy exceeds this Court’s minimum jurisdictional requirements. Plaintiff seeks only
monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties,
and attorney’s fees and costs
VENUE
7. Venue is proper in Dallas County, Texas, pursuant to section 15.002 of the Texas
Civil Practice and Remedies Code because all or a substantial part of the events giving rise to
Plaintiff’s claims occurred in Dallas County.
PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 2 of 8
FACTS
8. On or about March 25, 2021, the Moshe and Leah Feldhendler (the “Feldhendlers”)
entered into a contract with Rodriguez and TDMG paying them $14,500.00 and reached an
agreement by which Rodriguez would install granite supplied by the Feldhendlers for installation
at the home of the Feldhendlers, as well as a table for a surgery center operated by Dr. Moshe
Feldhendler.
9. The Feldhendlers paid a total to Natural Stone Designs and Rodriguez in the amount
of $29,000.00 – (On March 25, 2021, $14,500.00 was paid; on November 24, 2021, $11,000 and
$3,500.00 respectively was paid).
10. Additionally, the Feldhendlers purchased granite for which they paid $57,249.87
on March 10, 2021.
11. The Feldhendlers provided the granite to Rodriguez who promised to work with the
granite to fabricate installations for the Feldhendlers’ home and surgery center.
12. On or about May 5, 2022, the Feldhendlers discovered that Rodriguez had damaged
and destroyed the granite that they had supplied to him, which he promised to install in a good and
workmanlike fashion in their home and surgery center.
13. Rodriguez delayed his performance and delayed the opportunity for the
Feldhendlers to inspect the condition of the granite.
14. The Feldhendlers provided slabs of undamaged granite to Rodriguez and he
damaged them, broke them, and rendered them useless.
15. The work performed by Rodriguez was poorly done, involving damage to the
granite, chipping, and missed cuts.
PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 3 of 8
16. The work performed by Rodriguez was not performed properly or in accordance
with applicable professional standards and practices.
17. The performance of Rodriguez was subject to many delays.
18. Granite was installed in a crooked fashion leaving gaps between the wall and the
granite.
19. Rodriguez failed to caulk between the granite and the wall, leaving a void.
20. The granite was cut in the wrong direction, leaving an exposed black mark facing
the living room, while the white/cristallo was left facing the wall.
21. Due to the delays, improper and substandard work, damages to the materials
supplied to Rodriguez, as well as negligently performed workmanship, the Feldhendlers have
suffered damages in the principal amount of $130,499.23 as follows:
$51,999.23 to replace the cristallo
$60,000 fabrication/backlighting/metal framing
$18,500 to replace the metallicus table
22. Rodriguez improperly and falsely terminated or served the Feldhendlers with a
notice of work termination, falsely accusing the Feldhendlers of improper conduct.
23. The Feldhendlers and their property have been damaged by the breach of contract,
negligence, and intentional wrongdoing of Rodriguez and TDMG and have suffered personal and
property damage as a result of his improper and outrageous conduct.
CAUSES OF ACTION
Count I – Negligence
24. Plaintiff incorporates by reference all allegations contained in paragraphs 1-22
above.
PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 4 of 8
25. At all times material hereto, Rodriguez held himself out to and owed a duty to the
Feldhendlers to exercise reasonable care to deliver a finished product fit for its intended purpose
and to perform and complete the terms of the contract with care, skill, and reasonable experience.
26. At all times material hereto, Rodriguez held himself out to the Feldhendlers as
being a competent tradesman, capable of performing the work to install the granite they supplied
to him, and the Feldhendlers relied upon his assurances that he was competent and able to perform
the work in a workmanlike fashion without causing damage to the material or installing the
material improperly.
27. Rodriguez acted negligently and caused property damage and other losses to the
Feldhendlers, failed to complete the work in a timely fashion, improperly terminated his services
before completion of the project, damaged the granite that the Feldhendlers purchased and supplied
to him, and falsely accused the Feldhendlers of trespassing, calling the police, after the
Feldhendlers had made an appointment to see Rodriguez at his place of business.
28. Because of these wrongful acts and omissions of Rodriguez and TDMG, the
Feldhendlers have been damaged in the principal amount of $130,499.23, plus other unliquidated
damages.
Count II – Trespass/Intentional Infliction of Mental Distress
29. Plaintiff incorporates by reference all allegations contained in paragraphs 1-27
above.
30. The Feldhendlers were advised that Rodriguez had damaged the granite they had
supplied to him for installation at their home and surgery center.
31. Accordingly, the Feldhendlers agreed to meet with Rodriguez at his place of
business to inspect the granite.
PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 5 of 8
32. The day before, after having agreed to meet with the Feldhendlers, Rodriguez
attempted the cancel the scheduled and agreed meeting.
33. When the Feldhendlers arrived at his place of business, Rodriguez had called the
police accusing the Feldhendlers of acting wrongfully to him.
34. The Feldhendlers were able to observe the damaged granite that Rodriguez was
attempting to hide from them while blaming a third party for the damage done.
35. The conduct of Rodriguez in falsely accusing the Feldhendlers of wrongdoing,
delaying, preventing them from observing the damage to the granite they purchased and owned,
constituted outrageous conduct designed by Rodriguez to cause emotional harm and injury to the
Feldhendlers. The conduct of Rodriguez was outrageous, willful, and designed to intentionally
inflict mental distress.
Count III - Breach of Contract
36. Plaintiff incorporates by reference all allegations contained in paragraphs 1-34
above.
37. In addition to other counts, a valid and enforceable contract was entered into
between Rodriguez, TDMG and the Feldhendlers to perform workmanlike services, working with
granite that had been supplied by the Feldhendlers to him for installation in their home and surgery
center. The Feldhendlers substantially completed and performed their obligations under that
contract. Rodriguez and TDMB materially breached express obligations in the contract, including
but not limited to the obligation to perform its work to completion in accordance with all applicable
standards and recommended practices and in accordance with all tolerances set forth in those
standards and specifications, and the obligation to perform the work in a careful and workmanlike
manner in accordance with the best practices. Rodriguez materially breached duties imposed by
PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 6 of 8
law that arose from his contractual relationship with the Feldhendlers, including but not limited to
the obligation to perform the contract with care, skill, reasonable expedience, and faithfulness and
the obligation to avoid increasing the risk of physical harm to the Feldhendlers’ property.
38. In breach of contract, Rodriguez delayed his performance, and caused damage to
the granite material provided to him by the Feldhendlers.
39. In breach of his contract, Rodriguez failed and refused to complete his promised
performance and terminated his services before completion of the services he had promised to
delivery in his contract with the Feldhendlers
40. The Feldhendler seek unliquidated damages within the jurisdictional limits of this
Court. Pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code, Plaintiff is entitled
to recover reasonable and necessary attorney’s fees.
41. The actions and omissions of Rodriguez and TDMG constitute a breach of contract
for which the Feldhendlers are due and owing in the amount of $130,499.23, interest, attorney’s
fees and costs.
42. Rodriguez and TDMG are hereby placed on notice of the claim of Moshe and Leah
Feldhendler to attorney’s fees, costs, and expenses awardable under Texas Civil Practice and
Remedies Code 38.001.
DEMAND FOR JURY
1. Plaintiff respectfully requests a trial by jury pursuant to Rule 216 of the Texas Rule
of Civil Procedure.
RESERVATION OF RIGHTS
2. Plaintiffs, Moshe and Leah Feldhendler specifically reserve the right to bring
additional causes of action against Defendant, Jose Rodriguez individually and doing business as
PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 7 of 8
Natural Stone Designs, and TDMG, Inc. d/b/a Natural Stone Designs and to amend this Petition
as necessary.
PRAYER
For these reasons, Plaintiffs, Moshe Feldhendler and Leah Feldhendler ask that the Court
issue citation for Defendant, Jose Rodriguez individually and doing business as National Stone
Designs, and TDMG, Inc. d/b/a Natural Stone Designs, to appear and answer, and that Plaintiffs
be awarded a judgment against Defendant for actual and punitive damages, attorney’s fees and
costs, prejudgment and post-judgment interest, court costs, and all other relief to which Plaintiffs
are entitled.
Respectfully submitted,
GROTEFELD HOFFMAN, LLP
BY:
Lawrence T. Bowman
Texas State Bar No. 00788993
1717 Main Street, Suite 3650
Dallas, Texas 75201
Telephone: (214) 974.7399
Facsimile: (312) 601-2402
Email: lbowman@ghlaw-llp.com
ATTORNEY FOR PLAINTIFFS
PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 8 of 8
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FILED 5/6/2024 10:15 AM 2 CIT / ESERVE FELICIA PITRE JURY DEMAND DISTRICT CLERK DALLAS CO., TEXAS Fernando Soto DEPUTY DC-24-06547 CAUSE NO. ______________ MOSHE FELDHENDLER AND § IN THE DISTRICT COURT OF LEAH FELDHENDLER, § Plaintiff, § § V. § § DALLAS COUNTY, TEXAS JOSE RODRIGUEZ, INDIVIDUALLY § AND D/B/A NATURAL STONE DESIGNS, § AND TDMG INC. D/B/A NATURAL § 101st STONE DESIGNS § Defendant. § ________ JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION AND JURY DEMAND TO THE HONORABLE JUDGE OF SAID COURT: Plaintiffs Moshe and Leah Feldhendler, file this their Original Petition against Defendant, Jose Rodriguez, Individually and d/b/a Natural Stone Designs, and respectfully state as follows: DISCOVERY CONTROL PLAN 1. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure 190.4 and affirmatively pleads that it seeks monetary relief aggregating no more than $250,000. 2. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure 190.2 and affirmatively pleads that this suit is governed by the expedited-actions process in Texas Rule of Civil Procedure 169. PARTIES 3. Plaintiffs, Moshe and Leah Feldhendler are individuals, husband and wife, who, at all times relevant hereto, resided in Dallas County, Texas at 29 Masland Circle, Dallas, Texas 75230. The last three numbers of Plaintiff Moshe Feldhendler’s driver’s license number are 802. PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 1 of 8 The last three numbers of Plaintiff Leah Feldhendler’s driver’s license number are 804. The last three numbers of Plaintiff Moshe Feldhendler’s Social Security number are 800. The last three numbers of Plaintiff Leah Feldhendler’s Social Security number are 576. 4. Defendant, Jose Rodriguez (“Rodriguez”) Individually and doing business as Natural Stone Designs is a tradesman holding himself out as an expert in materials, performing custom granite designs for installation in residential and commercial premises. Natural Stone Designs is duly formed and existing under the laws of the State of Texas, with its principal office and place of business in Dallas County, Texas at 2400 Tarpley Road, Carrollton, Texas 75006, where it may be served with process. 5. Defendant, TDMG, Inc. d/b/a Natural Stone Designs (“TDMG”) is a duly formed and existing corporation under the laws of the State of Texas, with its principal office and place of business in Dallas County, Texas at 2400 Tarpley Road, Carrollton, Texas 75006, where it may be served with process. JURISDICTION 6. The Court has subject-matter jurisdiction over this lawsuit because the amount in controversy exceeds this Court’s minimum jurisdictional requirements. Plaintiff seeks only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney’s fees and costs VENUE 7. Venue is proper in Dallas County, Texas, pursuant to section 15.002 of the Texas Civil Practice and Remedies Code because all or a substantial part of the events giving rise to Plaintiff’s claims occurred in Dallas County. PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 2 of 8 FACTS 8. On or about March 25, 2021, the Moshe and Leah Feldhendler (the “Feldhendlers”) entered into a contract with Rodriguez and TDMG paying them $14,500.00 and reached an agreement by which Rodriguez would install granite supplied by the Feldhendlers for installation at the home of the Feldhendlers, as well as a table for a surgery center operated by Dr. Moshe Feldhendler. 9. The Feldhendlers paid a total to Natural Stone Designs and Rodriguez in the amount of $29,000.00 – (On March 25, 2021, $14,500.00 was paid; on November 24, 2021, $11,000 and $3,500.00 respectively was paid). 10. Additionally, the Feldhendlers purchased granite for which they paid $57,249.87 on March 10, 2021. 11. The Feldhendlers provided the granite to Rodriguez who promised to work with the granite to fabricate installations for the Feldhendlers’ home and surgery center. 12. On or about May 5, 2022, the Feldhendlers discovered that Rodriguez had damaged and destroyed the granite that they had supplied to him, which he promised to install in a good and workmanlike fashion in their home and surgery center. 13. Rodriguez delayed his performance and delayed the opportunity for the Feldhendlers to inspect the condition of the granite. 14. The Feldhendlers provided slabs of undamaged granite to Rodriguez and he damaged them, broke them, and rendered them useless. 15. The work performed by Rodriguez was poorly done, involving damage to the granite, chipping, and missed cuts. PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 3 of 8 16. The work performed by Rodriguez was not performed properly or in accordance with applicable professional standards and practices. 17. The performance of Rodriguez was subject to many delays. 18. Granite was installed in a crooked fashion leaving gaps between the wall and the granite. 19. Rodriguez failed to caulk between the granite and the wall, leaving a void. 20. The granite was cut in the wrong direction, leaving an exposed black mark facing the living room, while the white/cristallo was left facing the wall. 21. Due to the delays, improper and substandard work, damages to the materials supplied to Rodriguez, as well as negligently performed workmanship, the Feldhendlers have suffered damages in the principal amount of $130,499.23 as follows: $51,999.23 to replace the cristallo $60,000 fabrication/backlighting/metal framing $18,500 to replace the metallicus table 22. Rodriguez improperly and falsely terminated or served the Feldhendlers with a notice of work termination, falsely accusing the Feldhendlers of improper conduct. 23. The Feldhendlers and their property have been damaged by the breach of contract, negligence, and intentional wrongdoing of Rodriguez and TDMG and have suffered personal and property damage as a result of his improper and outrageous conduct. CAUSES OF ACTION Count I – Negligence 24. Plaintiff incorporates by reference all allegations contained in paragraphs 1-22 above. PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 4 of 8 25. At all times material hereto, Rodriguez held himself out to and owed a duty to the Feldhendlers to exercise reasonable care to deliver a finished product fit for its intended purpose and to perform and complete the terms of the contract with care, skill, and reasonable experience. 26. At all times material hereto, Rodriguez held himself out to the Feldhendlers as being a competent tradesman, capable of performing the work to install the granite they supplied to him, and the Feldhendlers relied upon his assurances that he was competent and able to perform the work in a workmanlike fashion without causing damage to the material or installing the material improperly. 27. Rodriguez acted negligently and caused property damage and other losses to the Feldhendlers, failed to complete the work in a timely fashion, improperly terminated his services before completion of the project, damaged the granite that the Feldhendlers purchased and supplied to him, and falsely accused the Feldhendlers of trespassing, calling the police, after the Feldhendlers had made an appointment to see Rodriguez at his place of business. 28. Because of these wrongful acts and omissions of Rodriguez and TDMG, the Feldhendlers have been damaged in the principal amount of $130,499.23, plus other unliquidated damages. Count II – Trespass/Intentional Infliction of Mental Distress 29. Plaintiff incorporates by reference all allegations contained in paragraphs 1-27 above. 30. The Feldhendlers were advised that Rodriguez had damaged the granite they had supplied to him for installation at their home and surgery center. 31. Accordingly, the Feldhendlers agreed to meet with Rodriguez at his place of business to inspect the granite. PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 5 of 8 32. The day before, after having agreed to meet with the Feldhendlers, Rodriguez attempted the cancel the scheduled and agreed meeting. 33. When the Feldhendlers arrived at his place of business, Rodriguez had called the police accusing the Feldhendlers of acting wrongfully to him. 34. The Feldhendlers were able to observe the damaged granite that Rodriguez was attempting to hide from them while blaming a third party for the damage done. 35. The conduct of Rodriguez in falsely accusing the Feldhendlers of wrongdoing, delaying, preventing them from observing the damage to the granite they purchased and owned, constituted outrageous conduct designed by Rodriguez to cause emotional harm and injury to the Feldhendlers. The conduct of Rodriguez was outrageous, willful, and designed to intentionally inflict mental distress. Count III - Breach of Contract 36. Plaintiff incorporates by reference all allegations contained in paragraphs 1-34 above. 37. In addition to other counts, a valid and enforceable contract was entered into between Rodriguez, TDMG and the Feldhendlers to perform workmanlike services, working with granite that had been supplied by the Feldhendlers to him for installation in their home and surgery center. The Feldhendlers substantially completed and performed their obligations under that contract. Rodriguez and TDMB materially breached express obligations in the contract, including but not limited to the obligation to perform its work to completion in accordance with all applicable standards and recommended practices and in accordance with all tolerances set forth in those standards and specifications, and the obligation to perform the work in a careful and workmanlike manner in accordance with the best practices. Rodriguez materially breached duties imposed by PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 6 of 8 law that arose from his contractual relationship with the Feldhendlers, including but not limited to the obligation to perform the contract with care, skill, reasonable expedience, and faithfulness and the obligation to avoid increasing the risk of physical harm to the Feldhendlers’ property. 38. In breach of contract, Rodriguez delayed his performance, and caused damage to the granite material provided to him by the Feldhendlers. 39. In breach of his contract, Rodriguez failed and refused to complete his promised performance and terminated his services before completion of the services he had promised to delivery in his contract with the Feldhendlers 40. The Feldhendler seek unliquidated damages within the jurisdictional limits of this Court. Pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code, Plaintiff is entitled to recover reasonable and necessary attorney’s fees. 41. The actions and omissions of Rodriguez and TDMG constitute a breach of contract for which the Feldhendlers are due and owing in the amount of $130,499.23, interest, attorney’s fees and costs. 42. Rodriguez and TDMG are hereby placed on notice of the claim of Moshe and Leah Feldhendler to attorney’s fees, costs, and expenses awardable under Texas Civil Practice and Remedies Code 38.001. DEMAND FOR JURY 1. Plaintiff respectfully requests a trial by jury pursuant to Rule 216 of the Texas Rule of Civil Procedure. RESERVATION OF RIGHTS 2. Plaintiffs, Moshe and Leah Feldhendler specifically reserve the right to bring additional causes of action against Defendant, Jose Rodriguez individually and doing business as PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 7 of 8 Natural Stone Designs, and TDMG, Inc. d/b/a Natural Stone Designs and to amend this Petition as necessary. PRAYER For these reasons, Plaintiffs, Moshe Feldhendler and Leah Feldhendler ask that the Court issue citation for Defendant, Jose Rodriguez individually and doing business as National Stone Designs, and TDMG, Inc. d/b/a Natural Stone Designs, to appear and answer, and that Plaintiffs be awarded a judgment against Defendant for actual and punitive damages, attorney’s fees and costs, prejudgment and post-judgment interest, court costs, and all other relief to which Plaintiffs are entitled. Respectfully submitted, GROTEFELD HOFFMAN, LLP BY: Lawrence T. Bowman Texas State Bar No. 00788993 1717 Main Street, Suite 3650 Dallas, Texas 75201 Telephone: (214) 974.7399 Facsimile: (312) 601-2402 Email: lbowman@ghlaw-llp.com ATTORNEY FOR PLAINTIFFS PLAINTIFFS’ ORIGINAL PETITION AND JURY DEMAND Page 8 of 8