Preview
FILED
6/29/2020 10:29AM
2 CIT/ESERVE FELICIA PITRE
DISTRICT CLERK
DALLAS 00.,TEXAS
Mata
Alicia DEPUTY
DC-20-08845
CAUSE NO.
2100 RICCHI, LLC, IN THE DISTRICT COURT
Plaintiff,
HILLIARD OFFICE SOLUTIONS WWWWWWWWWWWWWW
WWWWWWWWWWWWWW
191ST JUDICIAL DISTRICT
OF
0F TEXAS, LTD. and THE
HILLIARD COMPANIES, LLC —
SERIES 2 f/k/a THE HILLIARD
COMPANIES, LLC,
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Plaintiff 2100 Ricchi, LLC (“Landlord” or “Plaintiff’) files this Original Petition and
Request for Disclosure against Defendants Hilliard Office Solutions of Texas, Ltd. (“Hilliard
Office”) and The Hilliard Companies — Series 2, LLC f/k/a The Hilliard Companies, LLC
(“Hilliard Companies” and, with Tenant, “Defendants”).
collectively With
I. DISCOVERY LEVEL
1. Pursuant to TEX. R. CIV. P. 190.3, Plaintiff alleges that discovery should be
conducted under Level 2.
II. PARTIES
2. Plaintiff is a Texas limited liability company that owns real property and conducts
business in Dallas County, Texas.
3. Defendant Hilliard Office is a Texas limited partnership doing business in Dallas
County, Texas. Itmay be served through itsregistered agent, Brent D. Hilliard, at 3001 W. Loop
250 North, Suite E-127, Midland,
Midland. Texas 79705.
PLAINTIFF ’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
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4. Defendant Hilliard Companies isa Texas limited liability company doing business
in Dallas County, Texas. It may be served through its registered agent, Brent D. Hilliard, at 3001
W. Loop 250 North, Suite E-127, Midland, Texas 79705.
III. JURISDICTION AND VENUE
5. This Court has subj ect matter jurisdiction over this lawsuit because the amount in
controversy is Within the jurisdictional limits of this Court.
6. Pursuant to Section 15.01 15(a) of the TEXAS CIVIL PRACTICE & REMEDIES CODE,
venue is mandatory in Dallas County, Texas because this is a suit between a landlord and tenant
arising under a lease, and the real property and premises in issue are located in Dallas County,
Texas. Pursuant to Section 15.002 ofthe Texas Civil Practice & Remedies Code, venue is likewise
proper in Dallas County, Texas because all or a substantial part of the acts or omissions giving rise
to this action arose in Dallas County, Texas.
7. Pursuant to TEX. R. CIV. P. 47, Plaintiff seeks only monetary relief of more than
$200,000 but less than $1,000,000, including damages of any kind, penalties, costs, expenses, pre-
judgment
8.
interest, and attorney fees.
IV.
Landlord and Tenant entered into
wa 60-month Lease dated May 1, 2015 (“Lease”)
pertaining to 2100 Valley View Lane, Suite 100, Farmers Branch, Texas 75247 (the “Premises”).
9. The Lease requires Tenant to timely pay rent to Landlord without deduction or set
off. Lease at § 3.
10. On or about June 1, 2020, Tenant moved out and abandoned the Premises,
purporting to terminate the Lease with six months left on the Term.
11. Tenant’s abandonment of the Premises and wrongfill termination of the Lease are
events 0f default under the Lease by Tenant.
PLAINTIFF ’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
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12. As 0f the date of this Petition, after allowing all applicable offsets and credits, the
unpaid rent owed by Tenant for the balance of the Lease Term totals $205,445.40, exclusive of
other charges owed under the Lease and costs incurred by Landlord as a result of Tenant’s default;
interest at the contract default rate of 18%; attorney's fees and costs.
13. Defendant Hilliard Companies is the Tenant limited partnership’s general partner
and, as such, is jointly and severally liable for Landlord’s claims against Tenant asserted herein.
V. CAUSE OF ACTION — BREACH OF CONTRACT
14. Plaintiff incorporates the allegations set out in the foregoing paragraphs. The Lease
is a valid and enforceable contract between Landlord and Tenant. Landlord performed, tendered
performance of, 0r was excused from performing all of its obligations to Tenant. Tenant defaulted
and remains in default under the Lease by failing t0 timely pay the above-described amounts owed
under the Lease. By its wrongful conduct described above, Tenant breached its obligations under
the Lease. As a direct and proximate result of the Tenant's breach 0f the Lease, Landlord has
sustained actual and benefit 0f the bargain damages, including the amount 0f the unpaid rentals,
other charges payable under the Lease, out 0f pocket damages, pre- and post-judgment interest,
attorneys’ fees, and costs of suit.
VI. ATTORNEYS’ FEES
15. As a direct and proximate result of the wrongful conduct described above, Plaintiff
has been forced to retain the undersigned counsel to file this lawsuit. Plaintiff is entitled to recover
reasonable and necessary attorneys” fees through trialand any appeal pursuant t0 the Lease, the
Texas Declaratory Judgment Act, Chapter 38 0f the Texas Civil Practice & Remedies Code, or
other applicable law.
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VIII. CONDITIONS PRECEDENT
16. A11 conditions precedent t0 the recovery sought herein have been met 0r have been
waived.
IX. REQUEST FOR DISCLOSURE
17. Defendant is requested t0 disclose allinformation set forth in TeX.R.CiV.P. 194.2
and 190.2(B)(6) Within 50 days 0f service of this Petition.
X. REQUEST FOR RELIEF
Plaintiff asks that Defendants be cited to answer and appear and that, upon final trial of
this cause, this Court award a judgment in favor of Plaintiff against Defendants, jointly and
severally, for actual and benefit 0f the bargain damages including all rentals and charges owed
under the Lease; out of pocket damages and expenses; reasonable and necessary attorneys” fees;
pre- and post—judgment interest to the maximum extent allowed by contract or law; costs of suit;
and all other relief to which Plaintiff is entitled.
Respectfully submitted,
DUNN SHEEHAN LLP
By: /s/William D. Dunn
William D. Dunn
State Bar No. 24002023
ddunn@dunnsheehan.com
John David Blakley
State Bar No. 24069388
jdblakley@dunnsheehan.com
3400 Carlisle Street, Suite 200
Dallas, Texas 75204
Phone: 214.866.0077
Fax: 214.866.0070
ATTORNEYS FOR PLAINTIFF
PLAINTIFF ’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
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Preview
FILED 6/29/2020 10:29AM 2 CIT/ESERVE FELICIA PITRE DISTRICT CLERK DALLAS 00.,TEXAS Mata Alicia DEPUTY DC-20-08845 CAUSE NO. 2100 RICCHI, LLC, IN THE DISTRICT COURT Plaintiff, HILLIARD OFFICE SOLUTIONS WWWWWWWWWWWWWW WWWWWWWWWWWWWW 191ST JUDICIAL DISTRICT OF 0F TEXAS, LTD. and THE HILLIARD COMPANIES, LLC — SERIES 2 f/k/a THE HILLIARD COMPANIES, LLC, Defendants. DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Plaintiff 2100 Ricchi, LLC (“Landlord” or “Plaintiff’) files this Original Petition and Request for Disclosure against Defendants Hilliard Office Solutions of Texas, Ltd. (“Hilliard Office”) and The Hilliard Companies — Series 2, LLC f/k/a The Hilliard Companies, LLC (“Hilliard Companies” and, with Tenant, “Defendants”). collectively With I. DISCOVERY LEVEL 1. Pursuant to TEX. R. CIV. P. 190.3, Plaintiff alleges that discovery should be conducted under Level 2. II. PARTIES 2. Plaintiff is a Texas limited liability company that owns real property and conducts business in Dallas County, Texas. 3. Defendant Hilliard Office is a Texas limited partnership doing business in Dallas County, Texas. Itmay be served through itsregistered agent, Brent D. Hilliard, at 3001 W. Loop 250 North, Suite E-127, Midland, Midland. Texas 79705. PLAINTIFF ’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE P a g e | 1 4. Defendant Hilliard Companies isa Texas limited liability company doing business in Dallas County, Texas. It may be served through its registered agent, Brent D. Hilliard, at 3001 W. Loop 250 North, Suite E-127, Midland, Texas 79705. III. JURISDICTION AND VENUE 5. This Court has subj ect matter jurisdiction over this lawsuit because the amount in controversy is Within the jurisdictional limits of this Court. 6. Pursuant to Section 15.01 15(a) of the TEXAS CIVIL PRACTICE & REMEDIES CODE, venue is mandatory in Dallas County, Texas because this is a suit between a landlord and tenant arising under a lease, and the real property and premises in issue are located in Dallas County, Texas. Pursuant to Section 15.002 ofthe Texas Civil Practice & Remedies Code, venue is likewise proper in Dallas County, Texas because all or a substantial part of the acts or omissions giving rise to this action arose in Dallas County, Texas. 7. Pursuant to TEX. R. CIV. P. 47, Plaintiff seeks only monetary relief of more than $200,000 but less than $1,000,000, including damages of any kind, penalties, costs, expenses, pre- judgment 8. interest, and attorney fees. IV. Landlord and Tenant entered into wa 60-month Lease dated May 1, 2015 (“Lease”) pertaining to 2100 Valley View Lane, Suite 100, Farmers Branch, Texas 75247 (the “Premises”). 9. The Lease requires Tenant to timely pay rent to Landlord without deduction or set off. Lease at § 3. 10. On or about June 1, 2020, Tenant moved out and abandoned the Premises, purporting to terminate the Lease with six months left on the Term. 11. Tenant’s abandonment of the Premises and wrongfill termination of the Lease are events 0f default under the Lease by Tenant. PLAINTIFF ’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE P a g e | 2 12. As 0f the date of this Petition, after allowing all applicable offsets and credits, the unpaid rent owed by Tenant for the balance of the Lease Term totals $205,445.40, exclusive of other charges owed under the Lease and costs incurred by Landlord as a result of Tenant’s default; interest at the contract default rate of 18%; attorney's fees and costs. 13. Defendant Hilliard Companies is the Tenant limited partnership’s general partner and, as such, is jointly and severally liable for Landlord’s claims against Tenant asserted herein. V. CAUSE OF ACTION — BREACH OF CONTRACT 14. Plaintiff incorporates the allegations set out in the foregoing paragraphs. The Lease is a valid and enforceable contract between Landlord and Tenant. Landlord performed, tendered performance of, 0r was excused from performing all of its obligations to Tenant. Tenant defaulted and remains in default under the Lease by failing t0 timely pay the above-described amounts owed under the Lease. By its wrongful conduct described above, Tenant breached its obligations under the Lease. As a direct and proximate result of the Tenant's breach 0f the Lease, Landlord has sustained actual and benefit 0f the bargain damages, including the amount 0f the unpaid rentals, other charges payable under the Lease, out 0f pocket damages, pre- and post-judgment interest, attorneys’ fees, and costs of suit. VI. ATTORNEYS’ FEES 15. As a direct and proximate result of the wrongful conduct described above, Plaintiff has been forced to retain the undersigned counsel to file this lawsuit. Plaintiff is entitled to recover reasonable and necessary attorneys” fees through trialand any appeal pursuant t0 the Lease, the Texas Declaratory Judgment Act, Chapter 38 0f the Texas Civil Practice & Remedies Code, or other applicable law. PLAINTIFF ’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE P a g e | 3 VIII. CONDITIONS PRECEDENT 16. A11 conditions precedent t0 the recovery sought herein have been met 0r have been waived. IX. REQUEST FOR DISCLOSURE 17. Defendant is requested t0 disclose allinformation set forth in TeX.R.CiV.P. 194.2 and 190.2(B)(6) Within 50 days 0f service of this Petition. X. REQUEST FOR RELIEF Plaintiff asks that Defendants be cited to answer and appear and that, upon final trial of this cause, this Court award a judgment in favor of Plaintiff against Defendants, jointly and severally, for actual and benefit 0f the bargain damages including all rentals and charges owed under the Lease; out of pocket damages and expenses; reasonable and necessary attorneys” fees; pre- and post—judgment interest to the maximum extent allowed by contract or law; costs of suit; and all other relief to which Plaintiff is entitled. Respectfully submitted, DUNN SHEEHAN LLP By: /s/William D. Dunn William D. Dunn State Bar No. 24002023 ddunn@dunnsheehan.com John David Blakley State Bar No. 24069388 jdblakley@dunnsheehan.com 3400 Carlisle Street, Suite 200 Dallas, Texas 75204 Phone: 214.866.0077 Fax: 214.866.0070 ATTORNEYS FOR PLAINTIFF PLAINTIFF ’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE P a g e | 4