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FILED
DALLAS COUNTY
6/22/2017 4:48 PM
FELICIA PITRE
DISTRICT CLERK
Tonya Pointer
DC-17-07460
CASE NO. ___________________________
LEONARD and VICTOR RAMIREZ, § IN THE DISTRICT COURT
Plaintiffs, §
§
v. § DALLAS COUNTY, TEXAS
§
MICHELLE ZALDIVAR, §
Defendant. § ____ JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION FOR PARTITION BY SALE
Plaintiffs, Leonard and Victor Ramirez, file this original petition against Defendant,
Michelle Zaldivar and alleges as follows:
A. Parties
1. Plaintiff Leonard Ramirez is an individual residing at 1618 Savoy Street, Dallas,
Texas 75224 in Dallas County Texas.
2. Plaintiff Victor Ramirez is an individual residing at 2869 Saint Bernard Drive,
Dallas, Texas 75233 in Dallas County Texas.
3. Defendant Michelle Zaldivar is an individual residing at 2833 Salerno Drive,
Dallas, Texas 75224 in Dallas County Texas.
B. Discovery
4. Plaintiffs intend to conduct discovery in this action under Level 2, in accordance
with Tex. R. Civ. P. 190.
C. Jurisdiction & Venue
5. This court has jurisdiction over the subject matter of this dispute under Section
23.002(a) of the Texas Property Code.
6. Venue is proper in Dallas County Texas under Section 23.002(a) of the Texas
Property Code and Section 15.011 of the Texas Civil Practice and Remedies Code, in that the
property for which partition is sought in this action is located in Dallas County.
D. Facts
7. Plaintiffs Leonard and Victor Ramirez and Defendant Zaldivar are joint owners
of real property located at 1809 Farola Drive, Dallas County, Texas, 75228 in Dallas County
Texas; legal description being Lot 6, in Block 15/5999 of Trinity Heights Annex Addition, an
addition to the City of Dallas, Dallas County, Texas, according to the map thereof recorded
in Volume 11, Page 397, Plat Records, Dallas County, Texas.
PLAINTIFFS’ ORIGINAL PETITION Page 1
8. The Property consists of 7,072.0000 square feet of land and contains one single-
family home that is 859 square feet.
9. Pursuant to Section 23.001 et seq. of the Texas Property Code, Plaintiffs seek a
partition and sale of the real property described above among plaintiffs and Defendant Zaldivar
in accordance with their respective interests, as set forth below.
10. The value of the real property jointly owned by Plaintiffs and Defendant
Zaldivar is believed to be approximately $73,840.00 which is the 2016 Certified Value for
the Property per the Dallas County Central Appraisal District.
11. According to the Dallas County Tax Office, as of 2016, the unpaid property
taxes equal $2,309.15.
12. Plaintiff Leonard Ramirez owns a 33-1/3% interest; Plaintiff Victor Ramirez
owns a 33-1/3% interest; and Defendant Zaldivar owns a 33-1/3% interest in the Property.
13. Plaintiffs and Defendant Zaldivar are the only owners of interests in the
Property, and the Property is subject to no other claim.
E. Count 1 - Petition for Partition and Sale
14. Plaintiffs are joint owners in the Property, and the Property sought to be
partitioned is subject to no other claim.
15. The Property is not susceptible to partition and division into separate tracts for
each owner as both the land and single-family home on the Property are too small to divide.
16. Pursuant to Property Code section 23.001 et seq., Plaintiffs, as joint owners of
real property or an interest in real property or a joint owner of personal property may compel a
partition of the interest or the property among the joint owners.
17. Plaintiffs seek possession of the Property as rightful owners of the Property.
F. Requested Relief
Plaintiffs Leonard and Victor Ramirez respectfully request that Defendant be cited to
appear and answer, and that on hearing the court enter a judgment as follows:
18. Determine the share of each of the owners of the Property described above;
19. Determine that the Property is not susceptible to partition and judicially forcing
a sale of the Property;
20. Remove all occupiers from the Property;
21. Determining and declaring, consistent with this pleading, the proportion of the
Real Property sales proceeds that should be allocated to the shares of Plaintiffs and Defendant
PLAINTIFFS’ ORIGINAL PETITION Page 2
respectively, following payment of any mortgage lien and all other debts and liens affecting the
Real Property, as well as other debts identified above; and distributing the proceeds in
accordance with the court's determination and declarations;
22. Granting Plaintiffs a recovery of all their costs, reasonable attorneys fees and
expert fees associated with this action, and that such amounts be paid first from the proceeds of
sale;
23. Grant Plaintiffs any other relief to which Plaintiffs are entitled.
Respectfully submitted,
/s/ Lindsey M. Rames
LINDSEY M. RAMES
Texas State Bar No. 24072295
RAMES LAW FIRM, PC
3500 Maple Avenue, Suite 420
Dallas, Texas 75219
Telephone: (214) 884-8860
Facsimile: (888) 482-8894
lindsey@rameslawfirm.com
ATTORNEY FOR PLAINTIFFS
PLAINTIFFS’ ORIGINAL PETITION Page 3
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FILED DALLAS COUNTY 6/22/2017 4:48 PM FELICIA PITRE DISTRICT CLERK Tonya Pointer DC-17-07460 CASE NO. ___________________________ LEONARD and VICTOR RAMIREZ, § IN THE DISTRICT COURT Plaintiffs, § § v. § DALLAS COUNTY, TEXAS § MICHELLE ZALDIVAR, § Defendant. § ____ JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION FOR PARTITION BY SALE Plaintiffs, Leonard and Victor Ramirez, file this original petition against Defendant, Michelle Zaldivar and alleges as follows: A. Parties 1. Plaintiff Leonard Ramirez is an individual residing at 1618 Savoy Street, Dallas, Texas 75224 in Dallas County Texas. 2. Plaintiff Victor Ramirez is an individual residing at 2869 Saint Bernard Drive, Dallas, Texas 75233 in Dallas County Texas. 3. Defendant Michelle Zaldivar is an individual residing at 2833 Salerno Drive, Dallas, Texas 75224 in Dallas County Texas. B. Discovery 4. Plaintiffs intend to conduct discovery in this action under Level 2, in accordance with Tex. R. Civ. P. 190. C. Jurisdiction & Venue 5. This court has jurisdiction over the subject matter of this dispute under Section 23.002(a) of the Texas Property Code. 6. Venue is proper in Dallas County Texas under Section 23.002(a) of the Texas Property Code and Section 15.011 of the Texas Civil Practice and Remedies Code, in that the property for which partition is sought in this action is located in Dallas County. D. Facts 7. Plaintiffs Leonard and Victor Ramirez and Defendant Zaldivar are joint owners of real property located at 1809 Farola Drive, Dallas County, Texas, 75228 in Dallas County Texas; legal description being Lot 6, in Block 15/5999 of Trinity Heights Annex Addition, an addition to the City of Dallas, Dallas County, Texas, according to the map thereof recorded in Volume 11, Page 397, Plat Records, Dallas County, Texas. PLAINTIFFS’ ORIGINAL PETITION Page 1 8. The Property consists of 7,072.0000 square feet of land and contains one single- family home that is 859 square feet. 9. Pursuant to Section 23.001 et seq. of the Texas Property Code, Plaintiffs seek a partition and sale of the real property described above among plaintiffs and Defendant Zaldivar in accordance with their respective interests, as set forth below. 10. The value of the real property jointly owned by Plaintiffs and Defendant Zaldivar is believed to be approximately $73,840.00 which is the 2016 Certified Value for the Property per the Dallas County Central Appraisal District. 11. According to the Dallas County Tax Office, as of 2016, the unpaid property taxes equal $2,309.15. 12. Plaintiff Leonard Ramirez owns a 33-1/3% interest; Plaintiff Victor Ramirez owns a 33-1/3% interest; and Defendant Zaldivar owns a 33-1/3% interest in the Property. 13. Plaintiffs and Defendant Zaldivar are the only owners of interests in the Property, and the Property is subject to no other claim. E. Count 1 - Petition for Partition and Sale 14. Plaintiffs are joint owners in the Property, and the Property sought to be partitioned is subject to no other claim. 15. The Property is not susceptible to partition and division into separate tracts for each owner as both the land and single-family home on the Property are too small to divide. 16. Pursuant to Property Code section 23.001 et seq., Plaintiffs, as joint owners of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners. 17. Plaintiffs seek possession of the Property as rightful owners of the Property. F. Requested Relief Plaintiffs Leonard and Victor Ramirez respectfully request that Defendant be cited to appear and answer, and that on hearing the court enter a judgment as follows: 18. Determine the share of each of the owners of the Property described above; 19. Determine that the Property is not susceptible to partition and judicially forcing a sale of the Property; 20. Remove all occupiers from the Property; 21. Determining and declaring, consistent with this pleading, the proportion of the Real Property sales proceeds that should be allocated to the shares of Plaintiffs and Defendant PLAINTIFFS’ ORIGINAL PETITION Page 2 respectively, following payment of any mortgage lien and all other debts and liens affecting the Real Property, as well as other debts identified above; and distributing the proceeds in accordance with the court's determination and declarations; 22. Granting Plaintiffs a recovery of all their costs, reasonable attorneys fees and expert fees associated with this action, and that such amounts be paid first from the proceeds of sale; 23. Grant Plaintiffs any other relief to which Plaintiffs are entitled. Respectfully submitted, /s/ Lindsey M. Rames LINDSEY M. RAMES Texas State Bar No. 24072295 RAMES LAW FIRM, PC 3500 Maple Avenue, Suite 420 Dallas, Texas 75219 Telephone: (214) 884-8860 Facsimile: (888) 482-8894 lindsey@rameslawfirm.com ATTORNEY FOR PLAINTIFFS PLAINTIFFS’ ORIGINAL PETITION Page 3