Preview
5/1/2020 4:40 PM
Marilyn Burgess -District Clerk Harris County
Envelope No. 42699986
2020-27283 / Court: 334 By: Adiliani Solis
Filed: 5/1/2020 4:22 PM
CAUSE NO.
JAMES BACHMAN IN THE DISTRICT COURT OF
Plaintiff,
VS. HARRIS COUNTY, TEXAS
ANNA CORBITT
Defendants. JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF THIS COURT:
COMES NOW, Plaintiff, JAMES BACHMAN, and files Plaintiff's Original Petition. In
support thereof, Plaintiff respectfully shows the following unto the Court.
1
DISCOVERY LEVEL
1 Discovery will be conducted under Level 2 of TEXAS RULE OF CIVIL PROCEDURE 190
IL.
TRCP RULE 47 CLAIM
2 Plaintiff further alleges that he is seeking monetary relief of $200,000.00 or less and
nonmonetary relief pursuant to RULE 47(c)(3) of the TEXAS RULES OF CIVIL PROCEDURE.
iil.
PARTIES
3 Plaintiff, JAMES BACHMAN is an individual residing in Harris County, Texas.
4 Defendant, ANNA CORBITT is an individual residing in Harris County, Texas, and may
be served with citation at her residence, 1907 Rainlily Drive, Houston, Texas 77084.
Plaintiff's Original Petition Pg.1
IV.
JURISDICTION AND VENUE
5 The Court has jurisdiction over the parties to this lawsuit because the parties all reside in
Texas and the amount of damages in controversy is within this Court’s jurisdictional limits.
6 Venue is proper in Harris County, Texas pursuant to SECTION 15.011 of the TEXAS CIVIL
PRACTICE AND REMEDIES CODE because this is an action arising out of a dispute regarding real
property located in Harris County, Texas
Vv.
FACTS
1907 Rainlily Drive, Houston, Texas 77084
7 Plaintiff, JAMES BACHMAN, filed this lawsuit to determine his ownership interest and
rights related to a parcel of real property located at 1907 Rainlily Drive, Houston, Texas 77084
(the “Subject Property”), more particularly described as:
LOT THIRTEEN (13), INBLOCK TWO (2), OF MAYDE CREEK
FARMS, SECTION ONE (1), AN ADDITION IN HARRIS
COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN VOLUME 252, PAGE 97 OF THE
MAP RECORDS OF HARRIS COUNTY, TEXAS.
8 On or about July 26, 2001, Plaintiff and Defendant (who were then, in a committed
relationship) jointly purchased the Subject Property where they subsequently lived together and
used as their primary residence. See Warranty Deed, attached hereto as Plaintiff's Exhibit A
Plaintiff and Defendant were never married nor held themselves out to be married
9 To secure financing for the purchase of the Subject Property, the Parties executed a
Promissory Note in the amount of $100,180.00 payable to Milestone Mortgage Corporation
(“Milestone”) secured by a Deed of Trust in the Subject Property. See Deed of Trust, attached
hereto as Plaintiffs Exhibit B
Plaintiff's Original Petition Pg.2
10. On December 6, 2014, Mr. Bachman used his own personal funds to pay off the remaining
balance of the Promissory Note which at the time, totaled $65,746.32. In turn, Milestone issued a
release of lien on the Subject Property. See Release of Mortgage Lien, attached hereto as Exhibit
Cc
11. In August of 2017, the Subject Property sustained significant damage as a result of
Hurricane Harvey.
12. To finance necessary repairs, Mr. Bachman secured a small business administration loan,
for which he was solely responsible, in the amount of $25,000.00. At the time of this filing, Mr.
Bachman still owes $24,467.33
13 After the Parties’ personal romantic relationship ended in 2019, Mr. Bachman moved from
the Subject Property while Defendant continued to reside in the Subject Property where she
remains to this day.
14 Since November 2019, Mr. Bachman has paid and continues to pay the entirety of property
taxes and homeowners’ insurance costs relating to the Subject Property.
15 In the weeks and months following the end of their personal relationship, Mr. Bachman
has made multiple attempts to engage in reasonable discussions with the Defendant regarding
selling the Subject Property, however Defendant has not responded and has otherwise ignored any
such communication.
16. As a result, Mr. Bachman was forced to retain legal counsel who then prepared a formal
demand letter to Ms. Corbitt which she received on March 26, 2020 (“Demand Letter”). See
attached, Exhibit D.
Plaintiff's Original Petition Pg.3
17. The Demand Letter reiterated Mr. Bachman’s desire to sell the Subject Property and further
advised as to his legal right to demand a partition to the Subject Property in the event Ms. Corbitt
continued ignore such communication
18 Despite receiving notice of the Demand Letter, Ms. Corbitt made no attempt to contact or
communicate with Mr. Bachman or his attorneys, which in turn prompted the need for filling suit
to enforce and protect Mr. Bachman’s legal rights.
19. As such, this lawsuit seeks to enforce Mr. Bachman’s right to demand a judicial partition
of the Subject Property and for damages sustained as a result of Defendant’s acts and omissions
with respect to the Subject Property
VI.
CAUSES OF ACTION AND REQUESTS FOR RELIEF
Declaratory Judgment
20. Plaintiff incorporates paragraphs one (1) through nineteen (19) by reference as if set forth
fully herein
21. In addition to and/or in the alternative to any other cause of action, Plaintiff seeks a
declaratory judgment under SECTION 37.001 of the TEXAS CIVIL PRACTICE AND REMEDIES CODE
against Anna Corbitt as detailed below.
22. Plaintiffs seek a judgment declaring that Plaintiff owns an undivided One-Half (1/2)
interest in the Subject Property
Suit to Quiet Title
23 Plaintiff incorporates paragraphs one (1) through twenty-two (22) by reference as if set
forth fully herein.
24. In addition to and/or in the alternative to any other cause of action, Plaintiff asserts a cause
of action against Defendant to quiet title to the Subject Property.
Plaintiff's Original Petition Pg.4
25. Plaintiff James Bachman owns an undivided One-Half (1/2) interest in the Subject
Property
26. Defendant’s claim and continued occupation of the Subject Property has placed a cloud
upon the title of the Subject Property, which is subject to Plaintiff's possession.
27. Plaintiff is entitled to have a cloud upon his title to the Subject Property removed
Judicial Partition
28. Plaintiff incorporates paragraphs one (1) through twenty-seven (27) by reference as if set
forth fully herein.
29. In addition to and/or in the alternative to any other cause of action, Plaintiff seeks a judicial
partition of the Subject Property pursuant to SECTION 23.001 of the TEXAS PROPERTY CODE and
RULE 770 of the TEXAS RULES OF CIVIL PROCEDURE.
30. Plaintiff James Bachman owns an undivided One-Half (1/2) interest in the Subject
Property
31. The Subject Property cannot be equitable partitioned in kind; therefore, the Subject
Property must be sold and the proceeds divided between Plaintiff James Bachman and Defendant
Anna Corbitt in proportion to their respective ownership interests in the Subject Property
Contribution by Co-Tenants for Maintenance and Repair:
32. Plaintiff incorporates paragraphs one (1) through thirty-one (31) by reference as if set forth
fully herein.
33 Tn addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a
cause of action against Defendant seeking contribution for maintenance and repairs to the Subject
Property
Plaintiff's Original Petition Pg.5
34. “[A] person who in good faith makes improvements upon property owned by another is
entitled to compensation therefore.” Wagner & Brown, Ltd v. Sheppard, 282 S.W.3d 419, 425
(Tex. 2008); Stephenson v. Luttrell, 107 Tex. 320, 179 S.W. 260, 262 (Tex. 1915); Sharp v. Stacy,
535 S.W.2d 345, 351 (Tex. 1976); see also Resolution Trust Corp. v. Kemp, 951 F.2d 657, 665
(5"" Cir. 1992). “The law implies a contract between him and his cotenant, authorizing him to spend
for him the money which was necessarily spent.” /d.
35. “Because the care, maintenance, upkeep, and preservation of the property rests upon the
owners collectively, a co-tenant in real property, who incurs certain necessary expenses in the
actual preservation of that property and the valuation thereof, is entitled to reimbursement from
the other co-tenant.” Ramos v. Unknown Heirs of Tomasa Gonzalez, 2016 Tex. App. LEXIS 4327,
*9-10 (Tex. App. — San Antonio 2016) (citing Poenisch v. Quarnstrom, 386 S.W.2d 594, 597-98
(Tex. Civ. App. — San Antonio 1965, writ ref’d n.r.e)); Gonzalez, 552 S.W.2d 175, 181 (Tex. Civ
App. — Corpus Christi 1997, writ ref’d n.r.e.) (Mem. Op.).
36. Plaintiff has maintained the Property, including the 2017 repairs following Hurricane
Harvey, as well as paid for Defendant’s share of property taxes and homeowners’ insurance since
November of 2019.
37. Plaintiff also contributed $65,746.32 from his personal funds to pay the balance of the
Promissory Note in December of 2014
38 Subsequently, Plaintiff made demand more than thirty (30) days prior to filing this claim,
and Plaintiff has since incurred reasonable and necessary attorney fees.
39. On Plaintiff's claim for contribution and maintenance and repairs against Defendant,
Plaintiff seeks to recover the following:
(1) actual damages
(2) reasonable and necessary attorneys’ fees; and
Plaintiff's Original Petition Pg.6
(3) court costs;
Conversion
40. Plaintiff incorporates paragraphs one (1) through thirty-nine (39) by reference as if set forth
fully herein.
41 Tn addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a
cause of action against Defendant for conversion.
42. Plaintiff owned, possessed or had a right to possession of personal property.
43. Defendant wrongfully exercised dominion or control over the property, causing injury to
Plaintiff.
44, On Plaintiffs conversion cause of action against Defendant, Plaintiff seeks to recover the
following:
(1) actual damages, which specifically includes loss of value and lost profits;
(2) exemplary damages;
(3) pre- and post-judgment interest pursuant to SECTIONS 302.002 and 304.003 of the
TEXAS FINANCE CODE; and
(4) court costs;
Texas Theft Liability Act
45 Plaintiff incorporates paragraphs one (1) through forty-four (44) by reference as if set forth
fully herein.
46. Tn addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a
cause of action against Defendant under the THEFT LIABILITY ACT, TEXAS CIVIL PRACTICE AND
REMEDIES CODE §§ 134.001-134.005
47. Plaintiff had a possessory right to both real and personal property which Defendant
unlawfully appropriated, secured, or stole without Plaintiff's effective consent.
Plaintiff's Original Petition Pg.7
48. Defendant’s unlawful taking was made with the intent to deprive Plaintiff of the property,
and Plaintiff sustained damages as a result.
49. On Plaintiff’s conversion THEFT LIABILITY ACT claim against Defendant, Plaintiff seeks to
recover the following:
(1) actual damages;
(2) exemplary damages;
(3) pre- and post-judgment interest pursuant to SECTIONS 302.002 and 304.003 of the
TEXAS FINANCE CODE;
(4) reasonable and necessary attorney’s fees pursuant to SECTION 134.005(b) of the TEXAS
CIVIL PRACTICE AND REMEDIES CODE; and
(5) court costs;
Unjust Enrichment
50. Plaintiff incorporates paragraphs one (1) through forty-nine (49) by reference as if set forth
fully herein
51. In addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a
cause of action against Defendant for unjust enrichment.
52. Plaintiff seeks to recover damages for the value of improvements to the Subject Property,
payment of Defendant’s share of the mortgage, property taxes and homeowners’ insurance which
provided Defendant with a substantial benefit and which she obtained from Plaintiff by fraud,
duress, or taking an undue advantage
53 Additionally, Plaintiff seeks to recover damages for the value of personal property was
unlawfully appropriated by Defendant because Defendant obtained the benefit from Plaintiff by
fraud, duress, or taking an undue advantage.
Plaintiff's Original Petition Pg.8
54. Further, Plaintiff seeks reimbursement for the reasonable rental value of the Subject
Property, which Defendant prevented by fraud, duress, or taking an undue advantage. Plaintiff
seeks to recover Plaintiffs 1/2 share of the reasonable rental value of the Subject Property
calculated from November 1, 2019.
Promissory Estoppel
55. Plaintiff incorporates paragraphs one (1) through fifty-four (54) by reference as if set forth
fully herein
56. In addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a
cause of action against Defendant for promissory estoppel.
57. Defendant Corbitt promised to Plaintiff she would agree to sell or vacate the Subject
Property following the end of their personal/romantic relationship.
58 Mr. Bachman substantially relied on her promise and his reliance was foreseeable.
59. Thereafter, Defendant Corbitt refused to vacate the Subject Property and ignored Plaintiff’ s
requests to reach an agreement to sell the Subject Property.
60. Injustice can only be avoided by enforcing Defendant Corbitt’s promise to vacate the
premises so the property can be sold.
6l. Plaintiff seeks to recover damages in the amount necessary to restore Plaintiff to the
position that Plaintiff would have occupied had Plaintiff not acted in reliance on Defendant
Corbitt’s promise
Interest
62. Plaintiff seeks pre-judgment interest on actual damages and post-judgment interest on all
sums awarded in the final judgment at the maximum rate allowable by Texas law.
Plaintiff's Original Petition Pg.9
Attorney’s Fee:
63. Plaintiff was required to retain the legal services of THE WEAVER LAW FIRM to prosecute
this lawsuit on behalf of James Bachman.
64. Plaintiff seeks to recover reasonable and necessary attorney’s fees incurred in the
prosecution of this lawsuit.
65. Pursuant to SECTIONS 37.009 and 134.005(b) of the TEXAS CIVIL PRACTICE AND REMEDIES
CODE, Plaintiff is entitled to recover reasonable and necessary attorney’s fees incurred in
preparation for and during the prosecution of this lawsuit.
66. In the alternative, Plaintiff seeks to recover attorney’s fees under principles of equity
VIL.
CONDITIONS PRECEDENT
67. All conditions precedent have been performed or have occurred as required by RULE 54 of
the TEXAS RULES OF CIVIL PROCEDURE.
Vil.
DESIGNATION OF EXPERTS
68 Plaintiff hereby designates Richard D. Weaver as expert to testify as to the reasonable and
necessary attorney’s fees incurred in the preparation, discovery, and trial of this lawsuit.
IX.
DEMAND FOR JURY TRIAL
69. Plaintiff demands a trial by jury.
xX.
PRAYER
Plaintiff's Original Petition Pg. 10
WHEREFORE, PREMISES CONSIDERED, Plaintiff, JAMES BACHMAN, respectfully
requests that this Court enter a judgment for Plaintiff against Defendant, ANNA CORBITT,
awarding damages and all requests for relief made herein, including a declaratory judgment, pre-
judgment and post-judgment interest on all sums awarded as allowed by Texas law, reasonable
and necessary attorney’s fees, and for such other and further relief, both general and special, at law
or in equity, to which Plaintiff may be justly entitled.
Respectfully submitted,
THE WEAVER LAW FIRM
By: /s/ Jonathan Wu
Richard D. Weaver
Texas Bar No. 24047083
rweaver@weaverlawyers.com
Jonathan W. Wu
Texas Bar No. 24071133
jwu@weaverlawyers.com
1800 Bering Drive, Suite 1050
Houston, Texas 77057
(713) 572-4900 (Telephone)
(713) 513-5566 (Facsimile)
ATTORNEYS FOR PLAINTIFF, JAMES
BACHMAN
Plaintiff's Original Petition Pg. 11
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5/1/2020 4:40 PM Marilyn Burgess -District Clerk Harris County Envelope No. 42699986 2020-27283 / Court: 334 By: Adiliani Solis Filed: 5/1/2020 4:22 PM CAUSE NO. JAMES BACHMAN IN THE DISTRICT COURT OF Plaintiff, VS. HARRIS COUNTY, TEXAS ANNA CORBITT Defendants. JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF THIS COURT: COMES NOW, Plaintiff, JAMES BACHMAN, and files Plaintiff's Original Petition. In support thereof, Plaintiff respectfully shows the following unto the Court. 1 DISCOVERY LEVEL 1 Discovery will be conducted under Level 2 of TEXAS RULE OF CIVIL PROCEDURE 190 IL. TRCP RULE 47 CLAIM 2 Plaintiff further alleges that he is seeking monetary relief of $200,000.00 or less and nonmonetary relief pursuant to RULE 47(c)(3) of the TEXAS RULES OF CIVIL PROCEDURE. iil. PARTIES 3 Plaintiff, JAMES BACHMAN is an individual residing in Harris County, Texas. 4 Defendant, ANNA CORBITT is an individual residing in Harris County, Texas, and may be served with citation at her residence, 1907 Rainlily Drive, Houston, Texas 77084. Plaintiff's Original Petition Pg.1 IV. JURISDICTION AND VENUE 5 The Court has jurisdiction over the parties to this lawsuit because the parties all reside in Texas and the amount of damages in controversy is within this Court’s jurisdictional limits. 6 Venue is proper in Harris County, Texas pursuant to SECTION 15.011 of the TEXAS CIVIL PRACTICE AND REMEDIES CODE because this is an action arising out of a dispute regarding real property located in Harris County, Texas Vv. FACTS 1907 Rainlily Drive, Houston, Texas 77084 7 Plaintiff, JAMES BACHMAN, filed this lawsuit to determine his ownership interest and rights related to a parcel of real property located at 1907 Rainlily Drive, Houston, Texas 77084 (the “Subject Property”), more particularly described as: LOT THIRTEEN (13), INBLOCK TWO (2), OF MAYDE CREEK FARMS, SECTION ONE (1), AN ADDITION IN HARRIS COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 252, PAGE 97 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS. 8 On or about July 26, 2001, Plaintiff and Defendant (who were then, in a committed relationship) jointly purchased the Subject Property where they subsequently lived together and used as their primary residence. See Warranty Deed, attached hereto as Plaintiff's Exhibit A Plaintiff and Defendant were never married nor held themselves out to be married 9 To secure financing for the purchase of the Subject Property, the Parties executed a Promissory Note in the amount of $100,180.00 payable to Milestone Mortgage Corporation (“Milestone”) secured by a Deed of Trust in the Subject Property. See Deed of Trust, attached hereto as Plaintiffs Exhibit B Plaintiff's Original Petition Pg.2 10. On December 6, 2014, Mr. Bachman used his own personal funds to pay off the remaining balance of the Promissory Note which at the time, totaled $65,746.32. In turn, Milestone issued a release of lien on the Subject Property. See Release of Mortgage Lien, attached hereto as Exhibit Cc 11. In August of 2017, the Subject Property sustained significant damage as a result of Hurricane Harvey. 12. To finance necessary repairs, Mr. Bachman secured a small business administration loan, for which he was solely responsible, in the amount of $25,000.00. At the time of this filing, Mr. Bachman still owes $24,467.33 13 After the Parties’ personal romantic relationship ended in 2019, Mr. Bachman moved from the Subject Property while Defendant continued to reside in the Subject Property where she remains to this day. 14 Since November 2019, Mr. Bachman has paid and continues to pay the entirety of property taxes and homeowners’ insurance costs relating to the Subject Property. 15 In the weeks and months following the end of their personal relationship, Mr. Bachman has made multiple attempts to engage in reasonable discussions with the Defendant regarding selling the Subject Property, however Defendant has not responded and has otherwise ignored any such communication. 16. As a result, Mr. Bachman was forced to retain legal counsel who then prepared a formal demand letter to Ms. Corbitt which she received on March 26, 2020 (“Demand Letter”). See attached, Exhibit D. Plaintiff's Original Petition Pg.3 17. The Demand Letter reiterated Mr. Bachman’s desire to sell the Subject Property and further advised as to his legal right to demand a partition to the Subject Property in the event Ms. Corbitt continued ignore such communication 18 Despite receiving notice of the Demand Letter, Ms. Corbitt made no attempt to contact or communicate with Mr. Bachman or his attorneys, which in turn prompted the need for filling suit to enforce and protect Mr. Bachman’s legal rights. 19. As such, this lawsuit seeks to enforce Mr. Bachman’s right to demand a judicial partition of the Subject Property and for damages sustained as a result of Defendant’s acts and omissions with respect to the Subject Property VI. CAUSES OF ACTION AND REQUESTS FOR RELIEF Declaratory Judgment 20. Plaintiff incorporates paragraphs one (1) through nineteen (19) by reference as if set forth fully herein 21. In addition to and/or in the alternative to any other cause of action, Plaintiff seeks a declaratory judgment under SECTION 37.001 of the TEXAS CIVIL PRACTICE AND REMEDIES CODE against Anna Corbitt as detailed below. 22. Plaintiffs seek a judgment declaring that Plaintiff owns an undivided One-Half (1/2) interest in the Subject Property Suit to Quiet Title 23 Plaintiff incorporates paragraphs one (1) through twenty-two (22) by reference as if set forth fully herein. 24. In addition to and/or in the alternative to any other cause of action, Plaintiff asserts a cause of action against Defendant to quiet title to the Subject Property. Plaintiff's Original Petition Pg.4 25. Plaintiff James Bachman owns an undivided One-Half (1/2) interest in the Subject Property 26. Defendant’s claim and continued occupation of the Subject Property has placed a cloud upon the title of the Subject Property, which is subject to Plaintiff's possession. 27. Plaintiff is entitled to have a cloud upon his title to the Subject Property removed Judicial Partition 28. Plaintiff incorporates paragraphs one (1) through twenty-seven (27) by reference as if set forth fully herein. 29. In addition to and/or in the alternative to any other cause of action, Plaintiff seeks a judicial partition of the Subject Property pursuant to SECTION 23.001 of the TEXAS PROPERTY CODE and RULE 770 of the TEXAS RULES OF CIVIL PROCEDURE. 30. Plaintiff James Bachman owns an undivided One-Half (1/2) interest in the Subject Property 31. The Subject Property cannot be equitable partitioned in kind; therefore, the Subject Property must be sold and the proceeds divided between Plaintiff James Bachman and Defendant Anna Corbitt in proportion to their respective ownership interests in the Subject Property Contribution by Co-Tenants for Maintenance and Repair: 32. Plaintiff incorporates paragraphs one (1) through thirty-one (31) by reference as if set forth fully herein. 33 Tn addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a cause of action against Defendant seeking contribution for maintenance and repairs to the Subject Property Plaintiff's Original Petition Pg.5 34. “[A] person who in good faith makes improvements upon property owned by another is entitled to compensation therefore.” Wagner & Brown, Ltd v. Sheppard, 282 S.W.3d 419, 425 (Tex. 2008); Stephenson v. Luttrell, 107 Tex. 320, 179 S.W. 260, 262 (Tex. 1915); Sharp v. Stacy, 535 S.W.2d 345, 351 (Tex. 1976); see also Resolution Trust Corp. v. Kemp, 951 F.2d 657, 665 (5"" Cir. 1992). “The law implies a contract between him and his cotenant, authorizing him to spend for him the money which was necessarily spent.” /d. 35. “Because the care, maintenance, upkeep, and preservation of the property rests upon the owners collectively, a co-tenant in real property, who incurs certain necessary expenses in the actual preservation of that property and the valuation thereof, is entitled to reimbursement from the other co-tenant.” Ramos v. Unknown Heirs of Tomasa Gonzalez, 2016 Tex. App. LEXIS 4327, *9-10 (Tex. App. — San Antonio 2016) (citing Poenisch v. Quarnstrom, 386 S.W.2d 594, 597-98 (Tex. Civ. App. — San Antonio 1965, writ ref’d n.r.e)); Gonzalez, 552 S.W.2d 175, 181 (Tex. Civ App. — Corpus Christi 1997, writ ref’d n.r.e.) (Mem. Op.). 36. Plaintiff has maintained the Property, including the 2017 repairs following Hurricane Harvey, as well as paid for Defendant’s share of property taxes and homeowners’ insurance since November of 2019. 37. Plaintiff also contributed $65,746.32 from his personal funds to pay the balance of the Promissory Note in December of 2014 38 Subsequently, Plaintiff made demand more than thirty (30) days prior to filing this claim, and Plaintiff has since incurred reasonable and necessary attorney fees. 39. On Plaintiff's claim for contribution and maintenance and repairs against Defendant, Plaintiff seeks to recover the following: (1) actual damages (2) reasonable and necessary attorneys’ fees; and Plaintiff's Original Petition Pg.6 (3) court costs; Conversion 40. Plaintiff incorporates paragraphs one (1) through thirty-nine (39) by reference as if set forth fully herein. 41 Tn addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a cause of action against Defendant for conversion. 42. Plaintiff owned, possessed or had a right to possession of personal property. 43. Defendant wrongfully exercised dominion or control over the property, causing injury to Plaintiff. 44, On Plaintiffs conversion cause of action against Defendant, Plaintiff seeks to recover the following: (1) actual damages, which specifically includes loss of value and lost profits; (2) exemplary damages; (3) pre- and post-judgment interest pursuant to SECTIONS 302.002 and 304.003 of the TEXAS FINANCE CODE; and (4) court costs; Texas Theft Liability Act 45 Plaintiff incorporates paragraphs one (1) through forty-four (44) by reference as if set forth fully herein. 46. Tn addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a cause of action against Defendant under the THEFT LIABILITY ACT, TEXAS CIVIL PRACTICE AND REMEDIES CODE §§ 134.001-134.005 47. Plaintiff had a possessory right to both real and personal property which Defendant unlawfully appropriated, secured, or stole without Plaintiff's effective consent. Plaintiff's Original Petition Pg.7 48. Defendant’s unlawful taking was made with the intent to deprive Plaintiff of the property, and Plaintiff sustained damages as a result. 49. On Plaintiff’s conversion THEFT LIABILITY ACT claim against Defendant, Plaintiff seeks to recover the following: (1) actual damages; (2) exemplary damages; (3) pre- and post-judgment interest pursuant to SECTIONS 302.002 and 304.003 of the TEXAS FINANCE CODE; (4) reasonable and necessary attorney’s fees pursuant to SECTION 134.005(b) of the TEXAS CIVIL PRACTICE AND REMEDIES CODE; and (5) court costs; Unjust Enrichment 50. Plaintiff incorporates paragraphs one (1) through forty-nine (49) by reference as if set forth fully herein 51. In addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a cause of action against Defendant for unjust enrichment. 52. Plaintiff seeks to recover damages for the value of improvements to the Subject Property, payment of Defendant’s share of the mortgage, property taxes and homeowners’ insurance which provided Defendant with a substantial benefit and which she obtained from Plaintiff by fraud, duress, or taking an undue advantage 53 Additionally, Plaintiff seeks to recover damages for the value of personal property was unlawfully appropriated by Defendant because Defendant obtained the benefit from Plaintiff by fraud, duress, or taking an undue advantage. Plaintiff's Original Petition Pg.8 54. Further, Plaintiff seeks reimbursement for the reasonable rental value of the Subject Property, which Defendant prevented by fraud, duress, or taking an undue advantage. Plaintiff seeks to recover Plaintiffs 1/2 share of the reasonable rental value of the Subject Property calculated from November 1, 2019. Promissory Estoppel 55. Plaintiff incorporates paragraphs one (1) through fifty-four (54) by reference as if set forth fully herein 56. In addition to and/or in the alternative to any other cause of action, Mr. Bachman asserts a cause of action against Defendant for promissory estoppel. 57. Defendant Corbitt promised to Plaintiff she would agree to sell or vacate the Subject Property following the end of their personal/romantic relationship. 58 Mr. Bachman substantially relied on her promise and his reliance was foreseeable. 59. Thereafter, Defendant Corbitt refused to vacate the Subject Property and ignored Plaintiff’ s requests to reach an agreement to sell the Subject Property. 60. Injustice can only be avoided by enforcing Defendant Corbitt’s promise to vacate the premises so the property can be sold. 6l. Plaintiff seeks to recover damages in the amount necessary to restore Plaintiff to the position that Plaintiff would have occupied had Plaintiff not acted in reliance on Defendant Corbitt’s promise Interest 62. Plaintiff seeks pre-judgment interest on actual damages and post-judgment interest on all sums awarded in the final judgment at the maximum rate allowable by Texas law. Plaintiff's Original Petition Pg.9 Attorney’s Fee: 63. Plaintiff was required to retain the legal services of THE WEAVER LAW FIRM to prosecute this lawsuit on behalf of James Bachman. 64. Plaintiff seeks to recover reasonable and necessary attorney’s fees incurred in the prosecution of this lawsuit. 65. Pursuant to SECTIONS 37.009 and 134.005(b) of the TEXAS CIVIL PRACTICE AND REMEDIES CODE, Plaintiff is entitled to recover reasonable and necessary attorney’s fees incurred in preparation for and during the prosecution of this lawsuit. 66. In the alternative, Plaintiff seeks to recover attorney’s fees under principles of equity VIL. CONDITIONS PRECEDENT 67. All conditions precedent have been performed or have occurred as required by RULE 54 of the TEXAS RULES OF CIVIL PROCEDURE. Vil. DESIGNATION OF EXPERTS 68 Plaintiff hereby designates Richard D. Weaver as expert to testify as to the reasonable and necessary attorney’s fees incurred in the preparation, discovery, and trial of this lawsuit. IX. DEMAND FOR JURY TRIAL 69. Plaintiff demands a trial by jury. xX. PRAYER Plaintiff's Original Petition Pg. 10 WHEREFORE, PREMISES CONSIDERED, Plaintiff, JAMES BACHMAN, respectfully requests that this Court enter a judgment for Plaintiff against Defendant, ANNA CORBITT, awarding damages and all requests for relief made herein, including a declaratory judgment, pre- judgment and post-judgment interest on all sums awarded as allowed by Texas law, reasonable and necessary attorney’s fees, and for such other and further relief, both general and special, at law or in equity, to which Plaintiff may be justly entitled. Respectfully submitted, THE WEAVER LAW FIRM By: /s/ Jonathan Wu Richard D. Weaver Texas Bar No. 24047083 rweaver@weaverlawyers.com Jonathan W. Wu Texas Bar No. 24071133 jwu@weaverlawyers.com 1800 Bering Drive, Suite 1050 Houston, Texas 77057 (713) 572-4900 (Telephone) (713) 513-5566 (Facsimile) ATTORNEYS FOR PLAINTIFF, JAMES BACHMAN Plaintiff's Original Petition Pg. 11