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KENNETH LONGORIA AND Xe
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Defendants. OF HARRIS COUNTY, TEXAS
4
PLAINTIFF'S PETITION FOR SPECIFIC PERFORMANCE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES AGUSTIN De La VEGA SOTO, hereinafter called Plaintiff,
complaining of and about KENNETH LONGORIA and ANGELA LONGORIA, hereinafter
called Defendants, and for cause of action shows unto the Court the following:
DISCOVERY CONTROL PLAN LEVEL
1 Plaintiff intends that discovery be conducted under Discovery Level 2.
PARTIES AND SERVICE
2. Plaintiff, AGUSTIN De La VEGA SOTO, is an Individual whose address is 8211
Celina, Houston, Texas 77040
3. Defendant KENNETH LONGORIA, an Individual who is a resident of Texas,
may be served with process at his home at the following address: 16811 Poplar Hill Dr.
Houston, Texas 77095. Service of said Defendant as described above can be effected by
personal delivery.
4. Defendant ANGELA LONGORIA, an Individual who is a resident of Texas, may
be served with process at her home at the following address: 16811 Poplar Hill Dr., Houston,
Texas 77095. Service of said Defendant as described above can be effected by personal
RECORDER'S MEMORANDUM
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JURISDICTION AND VENUE
The subject matter in controversy is within the jurisdictional limits of this court.
6. This court has jurisdiction over the parties because Defendants are Texas
residents.
7. Venue in HARRIS County is proper in this cause under Section 15.011 of the
Texas Civil Practice and Remedies Code because this action involves real property as provided
by said Section, and this county is where all or part of the real property is located.
FACTS
8 _The Defendants own certain real property situated in Harris County, Texas, and
described as follows:
Lot five (5), in block six (6), of Yaupon Grove, being a replat of a replat of a part
of Faircourt Farms, an addition in Harris County, Texas, according to the map or plat
thereof recorded in volume 49, page 49 of the map records of Harris County, Texas,
9, On September 22, 2001, the plaintiff and the defendant entered into an agreement
in writing under which the plaintiff agreed to buy and the defendant agreed to sell the property
described in paragraph 8. A copy of the agreement is attached as Exhibit “~” and incorporated
in the petition by reference.
10. The plaintiff has performed or attempted to perform all of the obligations imposed
on the plaintiff by the agreement, the defendants have refused to accept and continue to refuse to
accept plaintiff's full performance. The plaintiff remains ready, willing, and able to pay the
defendant the agreed purchase price.
11, The Defendans have failed and refused, and continue to refuse, to execute the
conveyance agreed on by the parties despite the plaintiff's requests that the defendant’s do so.
12. Attorney's Fees, Expenses, Costs, and Interest’
It was necessary for Plaintiff to secure the services of Juan M. Aldape, a licensed attorney,
to prepare and prosecute this suit. To effect an equitable remedy, judgment for attorney's fees,
expenses, and costs through trial and appeal should be granted against Defendant and in favor of
Plaintiff
for the use and benefit of Plaintiff's attorneys; or, in the alternative, Plaintiff requests that
reasonable attomey's fees, expenses, and costs through trial and appeal be taxed as costs and be
ordered paid directly to Plaintiff's attomey, who may enforce the order in the attomey's own name.
Plaintiff requests postjudgment interest as allowed by law.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, AGUSTIN De La VEGA
SOTO, respectfully prays that the Defendants be cited to appear and answer herein, and that
upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants,
jointly and severally, for the following relief:
1, Judgment against the defendant ordering Defendants to execute and deliver to the
plaintiff a sufficient conveyance of the property described in Paragraph 8 of this petition.
2. In the alternative, if the remedy of specific performance is denied, judgment for
damages in an amount within the jurisdictional limits of the Court; together with pre-judgment
interest at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of
court; and such other and further reliefto which the Plaintiff may be entitled at law or in equity.
3. Petitioner prays for attorney's fees, expenses, and costs as requested above
Respectfully submitted,
—_
By:
Juan M.
.
~
Texas Bar No. 00979550
4141 North Freeway, Suite 302
Houston, Texas 77022
Tel. (713)695-9950
Fax. (713)695-9951
Attorney for Plaintiff
AGUSTIN De La VEGA SOTO
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a oKES me no A 3th Aoh ~ p4 ere we no._2006-60799 ext e ek A TIN DE LA VEGA SOTO IN THE DISTRICT CouRT Z BL TERR DE \=" Plaintiff, & 7%, SoED Vv. XCO supiciAL DISTRI ay sh QZ Pk KENNETH LONGORIA AND Xe ANGELA LONGORIA Defendants. OF HARRIS COUNTY, TEXAS 4 PLAINTIFF'S PETITION FOR SPECIFIC PERFORMANCE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES AGUSTIN De La VEGA SOTO, hereinafter called Plaintiff, complaining of and about KENNETH LONGORIA and ANGELA LONGORIA, hereinafter called Defendants, and for cause of action shows unto the Court the following: DISCOVERY CONTROL PLAN LEVEL 1 Plaintiff intends that discovery be conducted under Discovery Level 2. PARTIES AND SERVICE 2. Plaintiff, AGUSTIN De La VEGA SOTO, is an Individual whose address is 8211 Celina, Houston, Texas 77040 3. Defendant KENNETH LONGORIA, an Individual who is a resident of Texas, may be served with process at his home at the following address: 16811 Poplar Hill Dr. Houston, Texas 77095. Service of said Defendant as described above can be effected by personal delivery. 4. Defendant ANGELA LONGORIA, an Individual who is a resident of Texas, may be served with process at her home at the following address: 16811 Poplar Hill Dr., Houston, Texas 77095. Service of said Defendant as described above can be effected by personal RECORDER'S MEMORANDUM etna of poor ually * gbthe time off delivery. JURISDICTION AND VENUE The subject matter in controversy is within the jurisdictional limits of this court. 6. This court has jurisdiction over the parties because Defendants are Texas residents. 7. Venue in HARRIS County is proper in this cause under Section 15.011 of the Texas Civil Practice and Remedies Code because this action involves real property as provided by said Section, and this county is where all or part of the real property is located. FACTS 8 _The Defendants own certain real property situated in Harris County, Texas, and described as follows: Lot five (5), in block six (6), of Yaupon Grove, being a replat of a replat of a part of Faircourt Farms, an addition in Harris County, Texas, according to the map or plat thereof recorded in volume 49, page 49 of the map records of Harris County, Texas, 9, On September 22, 2001, the plaintiff and the defendant entered into an agreement in writing under which the plaintiff agreed to buy and the defendant agreed to sell the property described in paragraph 8. A copy of the agreement is attached as Exhibit “~” and incorporated in the petition by reference. 10. The plaintiff has performed or attempted to perform all of the obligations imposed on the plaintiff by the agreement, the defendants have refused to accept and continue to refuse to accept plaintiff's full performance. The plaintiff remains ready, willing, and able to pay the defendant the agreed purchase price. 11, The Defendans have failed and refused, and continue to refuse, to execute the conveyance agreed on by the parties despite the plaintiff's requests that the defendant’s do so. 12. Attorney's Fees, Expenses, Costs, and Interest’ It was necessary for Plaintiff to secure the services of Juan M. Aldape, a licensed attorney, to prepare and prosecute this suit. To effect an equitable remedy, judgment for attorney's fees, expenses, and costs through trial and appeal should be granted against Defendant and in favor of Plaintiff for the use and benefit of Plaintiff's attorneys; or, in the alternative, Plaintiff requests that reasonable attomey's fees, expenses, and costs through trial and appeal be taxed as costs and be ordered paid directly to Plaintiff's attomey, who may enforce the order in the attomey's own name. Plaintiff requests postjudgment interest as allowed by law. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, AGUSTIN De La VEGA SOTO, respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants, jointly and severally, for the following relief: 1, Judgment against the defendant ordering Defendants to execute and deliver to the plaintiff a sufficient conveyance of the property described in Paragraph 8 of this petition. 2. In the alternative, if the remedy of specific performance is denied, judgment for damages in an amount within the jurisdictional limits of the Court; together with pre-judgment interest at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further reliefto which the Plaintiff may be entitled at law or in equity. 3. Petitioner prays for attorney's fees, expenses, and costs as requested above Respectfully submitted, —_ By: Juan M. . ~ Texas Bar No. 00979550 4141 North Freeway, Suite 302 Houston, Texas 77022 Tel. (713)695-9950 Fax. (713)695-9951 Attorney for Plaintiff AGUSTIN De La VEGA SOTO