Complaint,Petition: Hacienda Ventures Inc. d/b/a Hacienda Ford VS. Texas Department of Motor Vehicles

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                                Electronically Submitted
                                                                                                  12/27/2019 4:45 PM
                                                                                                 Hidalgo County Clerk
                                                                                         Accepted by: Alma Navarro


                                     CAUSE NO.      CL-19-6821-E

 HACIENDA VENTURES, INC                                 IN THE COUNTY COURT
d/b/a HACIENDA FORD
Plaintiffs


VS.                                                    OF LAW NO.


TEXAS DEPARTMENT OF
MOTOR VEHICLES AND
ALONZO TREVINO                                         HIDALGO COUNTY, TEXAS
Defendants

                              PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE             JUDGE OF SAID COURT:

         Comes now, Hacienda Ford complaining of the Texas Department of Motor Vehicles

and Alonzo Trevino and would show this Court as follows:

         1.   Plaintiff, Hacienda   Ventures,   Inc. d/b/a Hacienda   Ford (“Plaintiff or Hacienda


Ford”), is a Texas corporation residing in Hidalgo County, Texas.

         2. The Texas Department of Motor Vehicles (“Defendant or TXDMV”)               is a public

agency and may be served by Certified Mail by serving its representative, Mr. Robert Blech,

Associate General Counsel, Office of General Counsel, 4000 Jackson Avenue, Austin, Texas


78731.

         3. On or about September 30, 2017, Sergio Alvarez Gonzalez began sales negotiations

with Plaintiff Hacienda Ford in order to purchase a 2017 Ford F-150, vehicle identification


number IFTEW1EG1HFBO09611 (the “Vehicle). Before the deal was finalized, Mr. Gonzalez

decided that he did not want to go through with the purchase of the Vehicle. In turn, Plaintiff
Electronically Submitted
                                                                                                         12/27/2019 4:45 PM
                                                                                                        Hidalgo County Clerk
                                                                                               Accepted by: Alma Navarro
                                            CL-19-6821-E

Hacienda Ford filed the appropriate documentation needed to cancel the transaction. (See

Exhibit A). At no point was the Vehicle ever sold to Mr. Gonzalez, nor did he ever have

possession of the Vehicle. In fact, Mr. Gonzales, along with his wife, decided to purchase

a different model F-150 from Plaintiff. (See Exhibit B). However, because Plaintiff Hacienda

Ford and Mr. Gonzalez were deep into the transactional process with regards to the Vehicle,

registration under Mr. Gonzalez’s name had been filed with the TxDMV.

       5. On   or about    December   27,    2017,   Plaintiff contracted   to   sell   the   Vehicle    to


Defendant Alonzo Trevino, who is the current owner and possessor of the Vehicle. Around

the time of sale, Plaintiff, in good faith, executed the necessary documents to transfer title


to the Vehicle to purchaser’s name, but failed to unwind previous registration filed under the

name of Sergio Alvarez Gonzalez. Therefore, when Defendant Trevino went to renew his

registration with the TxDMV      he was told that his registration had been expired, and that

there were no records under his name.        Soon after, Defendant Trevino        discovered that the


Vehicle had been previously registered using Mr. Gonzalez’s name.

       6. The Texas Certificate of Title and associated title documents for the Vehicle were

presented to Defendant Trevino along with an Application for Title in the name of Alonzo

Trevino. A true and correct copy of the vehicle purchase order is attached hereto as Exhibit

“C” and made a   part hereof for all purposes.

       7. Plaintiff would request this Court to enter its judgment upon conclusion of this

cause ordering that title and registration of the Vehicle be corrected to include only the name

of Defendant Alonzo       Trevino, the actual owner and possessor of the Vehicle made                   the
Electronically Submitted
                                                                                                           12/27/2019 4:45 PM
                                                                                                        Hidalgo County Clerk
                                                                                                Accepted by: Alma Navarro
                                               CL-19-6821-E

subject of this matter.

           Wherefore, Premises         Considered, Plaintiff prays that Defendant be served with

citation    herein   and   that this   Court   order   Defendant   TxDMV        to correct   the title and

registration of the Vehicle belonging to Defendant Alonzo Trevino. Further, we pray that this

Court order Defendant TxDMV              to rescind title and registration of the Vehicle incorrectly

filed under the name of Sergio Alvarez Gonzalez.

                                                   Respectfully submitted,

                                                   Guerra, Leeds, Sabo & Hernandez,             P.L.L.C.
                                                   1534 E, 6" Street, Suite 200
                                                   Brownsville, Texas 78520
                                                   Telephone: (956) 541-1846
                                                   Facsimile: (956) 541-1893

                                                   By:__/s/ Heather Scott
                                                           Heather Scott
                                                           State Bar No. 24046809
                                                           E-Mail: hscott@guerraleeds.com
                                                           R.D. “Bobby” Guerra
                                                           Attorney-in-charge
                                                           State Bar No. 08578640
                                                           E-Mail: rdguerra@guerraleeds.com
                                                           Carlo Tamayo, Jr.
                                                           Heather Scott
                                                           State Bar No. 24115373
                                                           E-Mail: ctamayo@guerraleeds.com
                                                           Attorneys for Plaintiff