Preview
Electronically Filed
12/13/2019 1:55 PM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
CAUSE NO. C-4861—19H
AMERICAN PANEL CORPORATION, § IN THE DISTRICT COURT
Plaintiff, g
vs. g 389‘" JUDiCIAL DISTRICT
KITCHEN RESOURCES, L.P., g
YOUNGBLOOD MATTAR, L.L.C. and §
MERCEDES INDEPENDENT SCHOOL §
DISTRICT § HIDALGO COUNTY, TEXAS
Defendants. §
DEFENDANT, KITCHEN RESOURCES, L.P. AND YOUNGBLOOD MATTAR, L.L.C.’S
VERIFIED ORIGINAL ANSWER
NOW COMES KITCHEN RESOURCES, L.P. and YOUNGBLOOD MATTAR, L.L.C
(Collectively “Defendants”), in the above—styled cause, and files this Verified Original Answer,
and in support thereof would respectfully show the Court as follows:
I.
GENERAL DENIAL
1. Defendants generally denies each and every, all and singular, the material
allegations contained in Plaintiff’s Original Petition (and any and all supplements/amendments
thereto) and demands stn'ctpfoof thereof by a preponderance of the evidence or such other burden
as otherwise required by law.
II.
SPECIFIC DENIALS
2. Pursuant to TEX. R. CIV. P. 54, Defendant specifically denies that all conditions
precedent to Plaintiff’s claims have been performed or have occurred. Defendants specifically
deny that he has waived any condition precedent.
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Hidalgo County District Clerks
Reviewed By: Rachel Bueno
3. Pursuant to TEX. R. CIV. P. 56, Defendants specifically deny that any items of
special or consequential damages have occurred.
III.
VERIFIED PLEAS AND DENIALS
A. Count One — Sworn Account/Breach of Contract
4. Defendants would show that there are substantial and material offsets and credits
not furnished arising from fault product and delay in installation and services. In particular, I have
been involved in efforts to resolve the complaints of our customer arising from the fault products
and services rendered by Plaintiff and continue to make such efforts.
5. Accordingly, Defendants deny that alllawful offsets and credits have been given
on this account.
6. Additionally, Plaintiff appears to have filed, or is threatening to file, a lien against
a government» project and government property not authorized by law and which will require
additional time and expenses to respond.
B. Count Three — Quantum Meruit
7 . Defendants deny that Plaintiff is entitled to recover funds based on Quantum Meruit
for the reasons set out above.
8. Defendants deny that the amount of $37,988.80 is due Plaintiff as such amount does
not include all proper offsets and credits.
IV.
COMPARATIVE/PROPORTIONATE RESPONSIBILITY
9. Pleading further, and in the alternative to the extent that Defendants have any
liability for any of Plaintiff’s claims, Defendants would show that the conduct, actions, and
inactions of the Plaintiff contributed t0 and proximately caused the alleged damages sustained by
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Rachel Bueno
Plaintiff, if any.
10. Pleading filrther, and in the alternative to the extent that Defendants have any
liability for any of Plaintiffs claims Defendants invoke the provisions of Chapter 33.001 ,
et seq.,
of the Texas Civil Practice & Remedies Code and is entitled, at the time ofthe submission of this
case to the jury, to have submitted by this Court a jury question inquiring into the comparative
responsibility of all responsible parties.
V.
REQUEST FOR DISCLOSURE
11. Pursuant to Rule 194, you are requested t0 disclose, within 3O days of service of
this request, the information or material described in Rule [194.2, or 194.2(3), (c), and (f),or
194.2(d)-(g)] as follows:
(a) the correct names 0f the parties to the lawsuit;
(b) the name, address, and telephone number of any potential parties;
(c) the legal theories and, in general, the factual bases 0f the responding party's
claims or defenses (the reéponding party need not marshal all evidence that may be offered at trial);
(d) the amount and any method of calculating economic damages;
(e) the name, address, and telephone number 0f persons having knowledge of
relevant facts, and a brief statement of each identified person's connection with the case;
(f) for any testifying expert:
(1) the expert's name, address, and telephone number;
(2) the subj ect matter on Which the expert will testify;
(3) the general substance of the expert‘s mental impressions and opinions and
a brief summary 0f the basis for them, or if the expert isnot retained by, employed by, or otherwise
subj ect to the control of the responding party, documents reflecting such information;
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Electronically Filed
12/13/2019 1:55 PM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
(4) if the expert is retained by, employed by, 0r otherwise subject to the control
of the responding party:
(A) all documents, tangible things, reports, models, or data compilations
that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the
expert's testimony; and
(B) the expert's current resume and bibliography;
(g) any indemnity and insuring agreements described in Rule 192.3(f);
(h) any settlement agreements described in Rule 192.3(g);
(i) any Witness statements described in Rule 192.3(h);
(j) the name, address, and telephone number of any person who may be
designated as a responsible third party.
VI.
DEMAND FOR JURY TRIAL
12. Defendants demand a trialby jury pursuant to TEX. R. CIV. P. 216 and tenders the
jury fee.
WHEREFORE PREMISES CONSIDERED, Defendants respectfully pray that the Court
that Plaintiff take nothing from Defendants, and for such other and further relief t0 which
Defendants may show itselfjustly entitled.
Respectfully Submitted,
/s/ Shelby A. Jordan
Antonio Oniz
Texas Bar N0. 24074839
Shelby A. Jordan
State Bar N0. 11016700 .
JORDAN, HOLZER & ORTIZ, P.C.
500 North Shoreline Blvd, Suite 900
Corpus Christi, Texas 78401
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Rachel Bueno
Telephone: (361) 884—5678
Facsimile: (361) 888-5555
Attorneys for Defendant Kitchen Resources and
Youngblood Mattar, L.L.C.
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing has been served electronically upon
those parties registered to receive electronic notice Via the e-file system on December 13, 2019
and Via email as below provided:
Charles E. Wear, Jr.
Law Offices of Charles E. Wear, Jr., P.C.
1811 W. Park Row
Arlington, Texas 7601 3
/s/ Shelby A. Jordan
Shelby A. Jordan
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Rachel Bueno
CAUSE NO. C-4861-19H
AMERICAN PANEL CORPORATION, § IN THE DISTRICT COURT
§
Plaintiff; §
§
vs. § 389th JUDICIAL DISTRICT
§
KITCHEN RESOURCES, L.P., §
YOUNGBLOOD MATTAR, L.L.C. and §
MERCEDES INDEPENDENT SCHOOL §
DISTRICT § HIDALGO COUNTY, TEXAS
Defendants. §
AFFIDAVIT OF GEORGINA GARZA
STATE OF TEXAS
COUNTY OF CAMERON
BEFORE ME, the undersigned authority, personally appeared Georgina Garza, known to
me and upon her oath stated as follows:
1. “My name is Georgina Garza and I am above the age of 18, of sound mind, and
capable of making this affidavit. The facts stated in this affidavit are within my personal
knowledge and are true and correct
2. I am the in charge of all accounting of Kitchen Resources, L.P. and Youngblood
Mattar, L.L.C (“Defendants”), the named Defendants in this case, as well as issues ofbillings and
client complaints, and the custodian of its business records.
3. Ihave read Defendants, Kitchen Resources, L.P. and Youngblood Mattar, L.L.C.’s
Original Answer to Plaintiff American Panel Corporation’ s Original Petition, and the facts stated
in it are within my personal knowledge 0r based on rec
crds and information of the organization 0n
which I customarily rely, and which are true and co
FURTHER AFFIANT SAYETH NOT
I
eo ma
6V
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Rachel Bueno
On this day, Georgina Garza, known t0 me, personally appeared before me, and being first duly
sworn declared that he signed the foregoing affidavit in the capacity designated, if any, and further
states that he has read the above affidavit and the statements therein contained are true and correct.
SUBSCRIBED before me to witness my hand and seal of office of December, 2019.
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Page 7
Preview
Electronically Filed 12/13/2019 1:55 PM Hidalgo County District Clerks Reviewed By: Rachel Bueno CAUSE NO. C-4861—19H AMERICAN PANEL CORPORATION, § IN THE DISTRICT COURT Plaintiff, g vs. g 389‘" JUDiCIAL DISTRICT KITCHEN RESOURCES, L.P., g YOUNGBLOOD MATTAR, L.L.C. and § MERCEDES INDEPENDENT SCHOOL § DISTRICT § HIDALGO COUNTY, TEXAS Defendants. § DEFENDANT, KITCHEN RESOURCES, L.P. AND YOUNGBLOOD MATTAR, L.L.C.’S VERIFIED ORIGINAL ANSWER NOW COMES KITCHEN RESOURCES, L.P. and YOUNGBLOOD MATTAR, L.L.C (Collectively “Defendants”), in the above—styled cause, and files this Verified Original Answer, and in support thereof would respectfully show the Court as follows: I. GENERAL DENIAL 1. Defendants generally denies each and every, all and singular, the material allegations contained in Plaintiff’s Original Petition (and any and all supplements/amendments thereto) and demands stn'ctpfoof thereof by a preponderance of the evidence or such other burden as otherwise required by law. II. SPECIFIC DENIALS 2. Pursuant to TEX. R. CIV. P. 54, Defendant specifically denies that all conditions precedent to Plaintiff’s claims have been performed or have occurred. Defendants specifically deny that he has waived any condition precedent. Page 1 Electronically Filed 12/13/2019 1:55 PM Hidalgo County District Clerks Reviewed By: Rachel Bueno 3. Pursuant to TEX. R. CIV. P. 56, Defendants specifically deny that any items of special or consequential damages have occurred. III. VERIFIED PLEAS AND DENIALS A. Count One — Sworn Account/Breach of Contract 4. Defendants would show that there are substantial and material offsets and credits not furnished arising from fault product and delay in installation and services. In particular, I have been involved in efforts to resolve the complaints of our customer arising from the fault products and services rendered by Plaintiff and continue to make such efforts. 5. Accordingly, Defendants deny that alllawful offsets and credits have been given on this account. 6. Additionally, Plaintiff appears to have filed, or is threatening to file, a lien against a government» project and government property not authorized by law and which will require additional time and expenses to respond. B. Count Three — Quantum Meruit 7 . Defendants deny that Plaintiff is entitled to recover funds based on Quantum Meruit for the reasons set out above. 8. Defendants deny that the amount of $37,988.80 is due Plaintiff as such amount does not include all proper offsets and credits. IV. COMPARATIVE/PROPORTIONATE RESPONSIBILITY 9. Pleading further, and in the alternative to the extent that Defendants have any liability for any of Plaintiff’s claims, Defendants would show that the conduct, actions, and inactions of the Plaintiff contributed t0 and proximately caused the alleged damages sustained by Page 2 Electronically Filed 12/13/2019 1:55 PM Hidalgo County District Clerks Reviewed By: Rachel Bueno Plaintiff, if any. 10. Pleading filrther, and in the alternative to the extent that Defendants have any liability for any of Plaintiffs claims Defendants invoke the provisions of Chapter 33.001 , et seq., of the Texas Civil Practice & Remedies Code and is entitled, at the time ofthe submission of this case to the jury, to have submitted by this Court a jury question inquiring into the comparative responsibility of all responsible parties. V. REQUEST FOR DISCLOSURE 11. Pursuant to Rule 194, you are requested t0 disclose, within 3O days of service of this request, the information or material described in Rule [194.2, or 194.2(3), (c), and (f),or 194.2(d)-(g)] as follows: (a) the correct names 0f the parties to the lawsuit; (b) the name, address, and telephone number of any potential parties; (c) the legal theories and, in general, the factual bases 0f the responding party's claims or defenses (the reéponding party need not marshal all evidence that may be offered at trial); (d) the amount and any method of calculating economic damages; (e) the name, address, and telephone number 0f persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case; (f) for any testifying expert: (1) the expert's name, address, and telephone number; (2) the subj ect matter on Which the expert will testify; (3) the general substance of the expert‘s mental impressions and opinions and a brief summary 0f the basis for them, or if the expert isnot retained by, employed by, or otherwise subj ect to the control of the responding party, documents reflecting such information; Page 3 Electronically Filed 12/13/2019 1:55 PM Hidalgo County District Clerks Reviewed By: Rachel Bueno (4) if the expert is retained by, employed by, 0r otherwise subject to the control of the responding party: (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and (B) the expert's current resume and bibliography; (g) any indemnity and insuring agreements described in Rule 192.3(f); (h) any settlement agreements described in Rule 192.3(g); (i) any Witness statements described in Rule 192.3(h); (j) the name, address, and telephone number of any person who may be designated as a responsible third party. VI. DEMAND FOR JURY TRIAL 12. Defendants demand a trialby jury pursuant to TEX. R. CIV. P. 216 and tenders the jury fee. WHEREFORE PREMISES CONSIDERED, Defendants respectfully pray that the Court that Plaintiff take nothing from Defendants, and for such other and further relief t0 which Defendants may show itselfjustly entitled. Respectfully Submitted, /s/ Shelby A. Jordan Antonio Oniz Texas Bar N0. 24074839 Shelby A. Jordan State Bar N0. 11016700 . JORDAN, HOLZER & ORTIZ, P.C. 500 North Shoreline Blvd, Suite 900 Corpus Christi, Texas 78401 Page 4 Electronically Filed 12/13/2019 1:55 PM Hidalgo County District Clerks Reviewed By: Rachel Bueno Telephone: (361) 884—5678 Facsimile: (361) 888-5555 Attorneys for Defendant Kitchen Resources and Youngblood Mattar, L.L.C. CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been served electronically upon those parties registered to receive electronic notice Via the e-file system on December 13, 2019 and Via email as below provided: Charles E. Wear, Jr. Law Offices of Charles E. Wear, Jr., P.C. 1811 W. Park Row Arlington, Texas 7601 3 /s/ Shelby A. Jordan Shelby A. Jordan Page 5 Electronically Filed 12/13/2019 1:55 PM Hidalgo County District Clerks Reviewed By: Rachel Bueno CAUSE NO. C-4861-19H AMERICAN PANEL CORPORATION, § IN THE DISTRICT COURT § Plaintiff; § § vs. § 389th JUDICIAL DISTRICT § KITCHEN RESOURCES, L.P., § YOUNGBLOOD MATTAR, L.L.C. and § MERCEDES INDEPENDENT SCHOOL § DISTRICT § HIDALGO COUNTY, TEXAS Defendants. § AFFIDAVIT OF GEORGINA GARZA STATE OF TEXAS COUNTY OF CAMERON BEFORE ME, the undersigned authority, personally appeared Georgina Garza, known to me and upon her oath stated as follows: 1. “My name is Georgina Garza and I am above the age of 18, of sound mind, and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct 2. I am the in charge of all accounting of Kitchen Resources, L.P. and Youngblood Mattar, L.L.C (“Defendants”), the named Defendants in this case, as well as issues ofbillings and client complaints, and the custodian of its business records. 3. Ihave read Defendants, Kitchen Resources, L.P. and Youngblood Mattar, L.L.C.’s Original Answer to Plaintiff American Panel Corporation’ s Original Petition, and the facts stated in it are within my personal knowledge 0r based on rec crds and information of the organization 0n which I customarily rely, and which are true and co FURTHER AFFIANT SAYETH NOT I eo ma 6V Page 6 Electronically Filed 12/13/2019 1:55 PM Hidalgo County District Clerks Reviewed By: Rachel Bueno On this day, Georgina Garza, known t0 me, personally appeared before me, and being first duly sworn declared that he signed the foregoing affidavit in the capacity designated, if any, and further states that he has read the above affidavit and the statements therein contained are true and correct. SUBSCRIBED before me to witness my hand and seal of office of December, 2019. N—W this\3_*‘aay ~-——~——~ W mu sure or mus meomm' Em “mm“ Notary Public in and for‘the State of Texas ' Commlsswn ‘ ' Explres ; g5 , 95‘ K fl} - \ |D# 129246895 ’ WVV‘ 1- ~1va VVYVV VWVVVVWVVV '2: Page 7