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FILED
1 CIT-ESERVE 4/26/2021 8:25 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Christi Underwood DEPUTY
DC-21-05352
N
GRIGGS CARPET, Inc. IN THE DISTRICT COURT
d/b/a Griggs Carpet,
Bilainia ce,
vs
DALLAS COUNTY, TEXAS
PRESIDIO MISSION VILLAS, LLC., §
a Forfeited Texas Limited
Liability Corporation, d/b/a 192nd
Mission Villas Apartments,
Defendant. JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
COMES NOW, GRIGGS CARPET, Inc. a/b/a Griggs Carpet
("Plaintiff") in the above referenced and cause numbered action
complaining of PRESIDIO MISSION VILLAS, LIC., a Forfeited Texas
Limited Liability Corporation, d/b/a Mission Villas Apartments
("Defendant"). For causes of action, Plaintiff would show unto the
Court the following:
I.
PARTIES
1.01 GRIGGS CARPET, INC. d/b/a Griggs Carpet may be served
with legal process by and through its attorney of record, Timothy
Gerard Pletta, located at 150 Bethel Road, Coppell, Texas 75019,
1.02 PRESIDIO MISSTON VILLAS, LLC. a Forfeited Texas Limited
Liability Corporation d/b/a Mission Villas Apartments may be
served with legal process by and through: Erwin Bullock its
Registered Agent. located at 2880 W. Pioneer Parkway, Arlington
Texas 76013.
PLAINTIFF'S ORIGINAL PETITION Page 1
Ir.
DISCOVERY CONTROL PLAN - LEVEL 1
2.01 Plaintiff alleges discovery is to be conducted under TRCP
190.2, Level 1 of the Discovery Control Plan and seeks monetary
elief of $100,000 or less, including damages of any kind,
penalties, costs, expenses, pre-judgment interest and attorney's
fees. TRCP 47{(c} (1).
IIr.
JURISDICTION AND VENUE
3.01 The Court has jurisdiction over the matters in
controversy for the reason that the damages sued for are within the
jurisdiction limits of this Court.
3.02 Venue of this suit is permissive in Dallas County, Texas.
Iv.
NOTICE; CONDITIONS PRECEDENT
4.01 Plaintiff's invoice remains unpaid for more than thirty
(30) days despite Plaintiff's collection attempts.
A-02 Ro of the date Of filang this Plaimbitias) Original
Petition, Defendant has failed to satisfy any of Plaintiff's stated
claims for relief.
4.03 Pursuant to TRCP 54, all other conditions precedent
necessary to maintain the causes of action alleged herein have been
performed or have occurred.
PLAINTIFF'S ORIGINAL PETITION Page 2
Vv.
BREACH OF CONTRACT
5.01 On or about November 2020, Defendant and/or its agents or
representatives entered into a contract for goods and/or services
with Plaintiff and/or its agents or representatives.
5.02 Under the terms of the agreement, Plaintiff was to
provide, and did provide, valuable services. Plaintiff has fully
performed all obligations te Defendant.
5.03 Although Defendant agreed to the terms and conditions
contained in the agreement, Defendant breached said agreement by
failing to make prompt payment by its express terms.
5.04 Therefore, due to the Defendant's breach of said
contract, and after all lawful offsets and credits, Plaintiff is
entitled to a Judgment against Defendant for the principal sum of
Twelve Thousand Five Hundred Sixty-Three and 88/100ths Dollars
($12,563.88), consequential and incidental damages, together with
prejudgment at 18% per annum from the earliest date allowed by law
until the date final judgment is rendered against Defendant by this
Court.
5.05 Notice of this valid claim was given to Defendant by
Pieinta
te priom to che Ealing on Eais suit. Therefore, pursuant to
the terms of the agreement and/or Section 38.001 of the Texas Civil
Practice and Remedies Code, as amended, Plaintiff is entitled to
recover all of its reasonable and necessary attorney's fees
associated with this collection of Plaintiff's valid claim.
PLAINTIFF'S ORIGINAL PETITION Page 3
VI.
CLAIM IN EQUITY FOR ANTUM MERUIT
6.01 Pleading in the alternative, on or about November 2020,
Defendant and/or its agents or representatives entered into an
agreement for goods and/or services with Plaintiff.
6.02 Defendant has accepted, used and enjoyed and will
continue to receive the use and benefit of the goods and services
Plaintiff provided and furnished to Defendant; and therefore, after
all lawful offsets and credits, Defendant is justly indebted to
Plaintiff for those goods and services in the principal sum of
Twelve Thousand Five Hundred Sixty-Three and 88/100ths Dollars
($12,563.88) under equitable doctrine of quantum meruit.
6.03 Plaintiff, through the actions, conduct and
communications with Defendant, was lead to believe it would be paid
for those goods and services. By operation of law, Defendant is
obligated to pay Plaintiff for the value of the goods and services
old and delivered by Plaintiff to Defendant.
6.04 Defendant has caused Plaintiff damages resulting from the
wrongful use and detention of funds due and owing to Plaintiff
whether due and owing by virtue of Defendant's promises and
agreements to pay said sums or by virtue of the doctrine of quantum
meruit; therefore, Defendant is liable to Plaintiff for actual,
consequential and incidental damages together with prejudgment
interest at 18% per annum on such sums from the earliest date
allowed by law until the date final judgment is rendered against
Defendant by this Court.
PLAINTIFF'S ORIGINAL PETITION Page 4
6.05 Notice of this claim was also given to Defendant by
Plaintiff prior to the filing of this suit. Therefore, pursuant to
Section 38.001 of the Tex. Civ. Prac. & Rem. Code, Plaintiff is
entitled to recover all of its reasonable and necessary attorney's
fees associated with the collection of Plaintiff's valid claim.
VII.
PROMPT PAYMENT ACT
7,01 Plaintiff incorporates herein by reference the previous
allegations as if the same were set forth herein verbatim.
7.02 Pleading in the alternative, if the same be necessary,
more than 35 days have passed since the Defendant received written
payment request from Plaintiff for the amounts due and owing under
the contract between them for labor and materials Plaintiff
provided to Defendant, yet the Defendant has failed to pay
Plaintiff for those labor and materials provided by Plaintiff, as
required by the Prompt Payment Act in the Texas Property Code §
28.001, et seq.
7.03 Defendant is not authorized to withhold these funds under
the parties' contract; and therefore, Defendant is in violation of
the Prompt Payment Act by withholding the funds owed.
7.04 Plaintiff seeks recovery of these funds due and owing
from Defendant for labor and materials provided by Plaintiff,
together with § 28.004 statutory interest at 18% per annum and
attorney's fees, as provided by the Prompt Payment Act, in excess
of the minimum jurisdictional limits of this Court.
PLAINTIFF'S ORIGINAL PETITION Page 5
VIII.
MECHANIC'S LIEN AND CLAIM
8.01 Plaintiff incorporates herein by reference the previous
allegations as if the same were set forth herein verbatim.
8.02 Pleading in the alternative, if the same be necessary,
Plaintiff alleges a Constitutional Lien pursuant to the Texas State
Constitution, Texas Property Code and Texas Government Code, which
provides that mechanics, artisans and materialmen of every class,
shall have a lien upon the building and articles made or repaired
by them for the value of their labor done thereon, or material
furnished thereof.
8.03 Plaintiff would show it had a direct contractual
relationship with the owner, the time for filing a statutory lien
has expired, a notice letter is not required prior to filing the
lien, and the claim for filing a constitutional lien has been filed
within the applicable statute of limitations; thereby making
Plaintiff's claim. col a constitutional. (ven joinding. ion. the
structure that has been repaired by Plaintifé.
8.04 Accordingly, Plaintiff is entitled to a Judgment against
Defendant in the principal sum of Twelve Thousand Five Hundred
Sixty-Three and 88/100ths Dollars ($12,563.88) and to a Judgment
foreclosing Plaintiff's Constitutional Lien for such sums as set
forth in Plaintiff's lien affidavit in ordering the sale of such
property in accordance with Texas Property Code § 53.154 and Texas
Rules of Civil Procedure 309.
PLAINTIFF'S ORIGINAL PETITION Page 6
Ix.
ATTORNEY'S FEES
9.01 As a direct and proximate result of Defendant and/or
their agents, servants or representatives' failure to pay the
remainder owing on the parties agreement and meet its obligations,
and default those obligations, Plaintiff has been required to
employ the undersigned attorney to file and prosecute this suit.
9.02 Plaintiff's claims for goods and services remain unpaid.
Accordingly, in accordance with Texas Civil Practice and Remedies
Code § 38.001 et seq., Plaintiff is entitled to receive reasonable
attorney's fees, in relation to the work expended, and to be
expended in the prosecution of Plaintiff's claims through the trial
court and if Plaintiff is the successful litigant, additional
reasonable attorney's fees in all levels of the appellate process
and costs of suit.
9.03 Pleading in the alterative, if the same be necessary, in
accordance with the Texas Property Code § 53.156, Plaintiff is
entitled to recover from Defendant reasonable attorney's fees and
taxable court costs as are equitable and just in its proceeding to
foreclose the above-referenced lien.
9.04 Pleading in the alterative, if the same be necessary, in
accordance with the Texas Property Code § 28.005(b), Plaine
er ac
entitled to recover from Defendant reasonable attorney's fees and
taxable court costs as the Court determines equitable and just in
Plaintiff's action to enforce the prompt payment of the withheld
funds.
PLAINTIFF'S ORIGINAL PETITION Page 7
8.05 Accordingly, Plaintiff is entitled to recover its
reasonable attorney's fees herein pursuant to Texas Civil and
Practice Remedies Code § 38.001, Gt seq; Texas Property Code §§
28.005(b) and 53.156 and Texas Business and Commerce Code § 36.25
in an amount not less than Five Thousand and 00/100ths Dollars
($5,000.00) as required to prepare, file and prosecute this suit
and locate and effect service of process on the Defendant.
PLAINTIFF'S ORIGINAL PETITION Page 8
WHEREFORE, PREMISES CONSIDERED, GRIGGS CARPET, INC, a/b/a
Griggs Carpet ("Plaintiff") prays that PRESIDIO MISSION VILLAS,
LLC., a Forfeited Texas Limited Liability Corporation, d/b/a
Mission Villas Apartments ("Defendant") be cited to appear and
answer herein and, upon final hearing, Plaintiff have judgment
against Defendant for the following relief:
{a) Actual damages in the principal sum of Twelve Thousand Five
Hundred Sixty-Three and 88/100ths Dollars ($12,563.88);
(b) Incidental and consequential damages, as determined by the
common law;
(c) Attorney's fees and expenses pursuant to Texas Civil and
Practice Remedies Code § 38.001, Texas Property Code §§
28.005{(b) and 53.156 and Texas Business and Commerce Code §
36.25 in an amount not less than Five Thousand and 00/100ths
Dollars ($5,000.00), both through the trial in this Court and
through all subsequent appeals;
(a) Interest allowed by Texas Property Code § 28.004;
{e) Prejudgment and Post-judgment interest allowed by law;
(£) Taxable cost of court;
{g) A judgment establishing Plaintiff's lien on Defendant's
property, together with an Order of Foreclosure and Sale and
a Writ of Possession, and
(h) Any and all other relief, general or special, at law or in
equity, to which Plaintiff may be justly entitled.
Respe ‘ully bmitted,
LAW 0. Right seats
By
7)
TE MOTHY PLETTA
tate Bar No. 16071800
150 Bethel Road
Coppell, Texas 75019
Telephone: (972) 462-0321
Facsimile: (972) 462-0465
AttorneyPletta@HotMail.Ccom
ATTORNEY FOR PLAINTIFF,
GRIGGS CARPET, INc.
d/b/a Griggs Carpet
PLAINTIFF'S ORIGINAL PETITION Page 9
=i
or
(o}
Franchise Tax Account Status
As of : 04/23/2021 18:22:01
This page is valid for most business transactions but is not sufficient for filings with the Secretary of
State
PRESIDIO MISSION VILLAS, LLC
Texas Taxpayer Number 32072012183
Mailing Address 2880 W PIONEER PKWY ARLINGTON, TX 76013-5908
FORFEITED
@ Right to Transact Business in File missing reports, information reports and/or
Texas payments
State of Formation 1™
Effective SOS Registration Date 09/21/2019
Texas SOS File Number 0803426290
Registered Agent Name ERWIN BULLOCK
Registered Office Street Address 2880 W. PIONEER PARKWAY ARLINGTON, TX 76013
I
R138162 PRESIDIO MISSION VILLAS LLC 5128 ABERDEEN AVE, LUBBOCK, TX 79414-20271 + $2,762,117
we a oh
Active N/A
Apartment
LONG BUSTER t 11-14 27-30 & S50" OF L 15 & S50" OF 26 N/A
0306 - City Of Lubbock
$2,537,311
R532000-00000-001 10-000
529
N/A
N/A
PRESIDIO MISSION VILLAS LLC
00354652 N/A
$224,806
100%
2880 W PIONEER PKWY ARLINGTON, TX 76013 $2,762,117
.
$0
$0
$2,762,117
-$0
$2,762,117
N/A values are not applicable
toward total value,
oe
EXEMPTIONS TAXABLE TAX RATE PER TAX
TAXING ENTITY EXEMPTIONS
AMOUNT VALUE 100 CEILING
CLB- City Of Lubbock $0 $2,762,117 0,541573 o
GLB- Lubbock County $0 $2,762,117 9.339978 3
HSP- Lubb Cnty $0 $2,762,417 0.403164 a
Hospital
SLB- Lubbock ISD $0 $2,762,117 1.1514 9
WHP- Hi Plains Water $0 $2,762,117 0.0055 Q
TOTALS 2.141615
¥ Expand/Celtapoe All
B2 - Real Multifamily Apartments No 8,728 Sq. Ft N/A
YEAR ADD'L
RECORD TYPE SQ. FT VALUE
UILT INFO
MA- Main Area 1973 4,364 N/A ¥ Details
MAZ - Main Area Usf 4973 4,364 NIA ¥ Details
PL2- Poal/spa 1973 + N/A ¥ Details
AP1 - Paving Asphalt 1979 46,710, N/A * Detads.
B2 - Real Multifarnily Apartments No 8,728 Sq. Ft N/A
YEAR ADD"
RECORD TYPE UILT
5Q. FT VALUE
INFO
MA - Main Area 1973 4,364 N/A © Destisls
MA2 - Main Area Usf 1973 4,364 NIA © Cetails,
B2 - Real Multifamily Apartments No 8,832 Sq. Ft N/A
YEAR ADD'L
RECORD TYPE SQ. FT VALUE
BUILT INFO
MA - Main Area 1973 4416 N/A % Details
MA2 - Main Area Usf 1973 4416 N/A % Details
B2 - Real Multifamily Apartments No 8,728 Sq. Ft N/A
YEAR
SQ. Fr VALUE
ADO'L
RECORD a BUILT INFO
a MA - Main Area 1973 4,364 N/A ¥ Detaits
2 MA2 - Main Aree Usf 1973 4,364 NIA + Details
62 - Real Multifamily Apartments No 8,728 Sq. Ft N/A
YEAR $Q. FT VALUE
ADD'L,
RECORD TYPE BUILT INFO
MA - Main Area 1973 4,364 N/A ¥ Deans
MA2 - Main Area Ust 1973 4,364 N/A ¥ Details
B2 - Real Multifamily Apartments No 8,832 Sq. Ft N/A
YEAR ADD'L
RECORD TYPE SQ. FT VALUE
BUILT INFO
1 MA - Main Area 1973 4416 NAA ‘¥ Details
2 MA2 - Main Area Usf 1973 4,416 N/A ¥ Details
82 - Real Multifamily Apartments. NO 600 Sq. Ft N/A
YEAR ADD'L
RECORD TYPE SQ. FT VALUE INFO
BUILT
1 MA- Main Area 1973 600 N/A ¥ Detals
B2 - Real Multifamily Apartments No 10,649 Sq. Ft N/A
YEAR ADDL
RECORD TYPE SQ. FT VALUE
BUILT INFO.
1 MA - Main Area 1976 5,090 NA & Details
MA2 - Main Area Usf 1976 5,690 NIA + Details
CP1 - Paving Concrete 1979 2,952 NIA ¥ Details
MASO - Addition 1976 469 N/A # Details
B2 - Real Multifamily Apartments No 6,340 Sq Fe NIA
ADD'L
RECORD TYPE
YEAR
BUILT
SQ.FT VALUE INFO
1 MA - Main Area 1976 6,148 N/A ~ Details
2 AP} - Paving Asphait 1979 1,296 NIA ¥ Deta‘ls
MASO - Addition 1976 192 NifA ¥ Details
LAND SEGMENT MARKET AG TIM
STATE CODE HOMESITE LAND SIZE
TYPE VALUE USE USE
1- Commercial
B2- Real Multifamily No N/A $0 $0 112,403 Sq. ft
Apartments
TOTALS 112,403 Sq. ft/
2.586418 acres
‘
YEAR IMPROVEMENT LAND MARKET AG MARKET AG USE APPRAISED HS. cap LOSS ASSESSED
2020 $1,705,007 $224,806 $1,929,813 $0 $0 $1,929,813 $0 $1,929,813
2019 $1,577,157 $224,806 $1,801,963 $0 $0 $1,801,963 $0 $1,801,963
2018 $1,597,502 $224,806 $1,822,308 $0 $0 $1,822,308 $0 $1,822,308
2017 $1,490.811 $224,806 $1,715,617 $0 $0 $1,715,617 $0. $1,715,617
2016 $1,446,811 $224,806 $1,671,617 40 $0 $1,671,617 $0 $1,671,617
DEED DATE SELLER BUYER INSTR # VOLUME/PAGE
11/22/2019 CAPITAL 8 MISSION VILLAS LLC PRESIDIO MISSION VILLAS LLC 2019-45646
1412/2015 AREP MISSION VILLAS APTS LLC CAPITAL 8 MISSION VILLAS LLC 2015-1008
1/31/2012 CBB LTD AREP MISSION VILLAS APTS LLC 2012-3375,
3/14/2007 CHSSLLE CBB LTD 2007-10379
5/5/2004 LUBBOCK GALLERY APTS LLC CHSSLLC 2004-18948 9114/1823
12/17/1997 CHSSLLCE LUBBOCK GALLERY APTS LLC - 5675/203
6/6/1997 CHS 5 JOINT VENTURE CHSSLLC 5496/281
1171371990 CHSS CHS SJOINT VENTURE 3476/003
40/1/1982 UNKNOWN CHSS 1805/2385
(1) does nat file, in accordance with this
chapter and within
days after the date notice of forfeiture is es
mailed, @ report required
this chapter;
(2) does not pay, within 45 days after the date notice of
sfeiture is mailed, a tax imposed by this chapter or does not pay,
thin those 45 days, a penalty imposed by this chapter relating to that
SF or
(3) does not permit the comptroller to examine under Section
1.211 of this code the corporation's records.
8 1981, 67th Leg., Pp. 1703, ch, 389, Sec. l, eff. Jan. 1 1982,
snded by Acts 1984, 68th Leg., and C.S., ch. 10, art, 3, Sec. 5, eff.
ot i, 1984; Acts 1989, Vist Leg., ch, 384, Sec. 110, eff. Sept, i,
39; Aces: 99h, 72nd Leg., ist c.S8., ch. 5, Sec. 8.19, eff. Jan. 1,
32; Acts 19937, 73xd Leg., he 546, Sec. 10, eff, Jan, 1, 1994,
Sec. 171-2515. FORFEITURE OF RIGHT OF TAXABLE ENTITY TO TRANSACT
3INESS IN THIS STATE, (a) The comptroiler may, for the same reasons
dousing the same procedures the comptroller uses in relation to the
vfeiture of the corporate privileges of a corporation, forfeit the
ght of a taxable entity to transact business in this state.
(b) The provisions of this subchapter, including Section 171.255,
at apply to the forfeiture of corporate privileges apply to the
rfeiture of a taxable entity's right to transact business in this
ate.
ded by Acts 2006 79th Leg., BEG Clon. Ch. 1 (8.8. 3), Sec. 9, eff.
nuary 1, 2008.
Sec. 171.252.
Preview
FILED 1 CIT-ESERVE 4/26/2021 8:25 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Christi Underwood DEPUTY DC-21-05352 N GRIGGS CARPET, Inc. IN THE DISTRICT COURT d/b/a Griggs Carpet, Bilainia ce, vs DALLAS COUNTY, TEXAS PRESIDIO MISSION VILLAS, LLC., § a Forfeited Texas Limited Liability Corporation, d/b/a 192nd Mission Villas Apartments, Defendant. JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION COMES NOW, GRIGGS CARPET, Inc. a/b/a Griggs Carpet ("Plaintiff") in the above referenced and cause numbered action complaining of PRESIDIO MISSION VILLAS, LIC., a Forfeited Texas Limited Liability Corporation, d/b/a Mission Villas Apartments ("Defendant"). For causes of action, Plaintiff would show unto the Court the following: I. PARTIES 1.01 GRIGGS CARPET, INC. d/b/a Griggs Carpet may be served with legal process by and through its attorney of record, Timothy Gerard Pletta, located at 150 Bethel Road, Coppell, Texas 75019, 1.02 PRESIDIO MISSTON VILLAS, LLC. a Forfeited Texas Limited Liability Corporation d/b/a Mission Villas Apartments may be served with legal process by and through: Erwin Bullock its Registered Agent. located at 2880 W. Pioneer Parkway, Arlington Texas 76013. PLAINTIFF'S ORIGINAL PETITION Page 1 Ir. DISCOVERY CONTROL PLAN - LEVEL 1 2.01 Plaintiff alleges discovery is to be conducted under TRCP 190.2, Level 1 of the Discovery Control Plan and seeks monetary elief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest and attorney's fees. TRCP 47{(c} (1). IIr. JURISDICTION AND VENUE 3.01 The Court has jurisdiction over the matters in controversy for the reason that the damages sued for are within the jurisdiction limits of this Court. 3.02 Venue of this suit is permissive in Dallas County, Texas. Iv. NOTICE; CONDITIONS PRECEDENT 4.01 Plaintiff's invoice remains unpaid for more than thirty (30) days despite Plaintiff's collection attempts. A-02 Ro of the date Of filang this Plaimbitias) Original Petition, Defendant has failed to satisfy any of Plaintiff's stated claims for relief. 4.03 Pursuant to TRCP 54, all other conditions precedent necessary to maintain the causes of action alleged herein have been performed or have occurred. PLAINTIFF'S ORIGINAL PETITION Page 2 Vv. BREACH OF CONTRACT 5.01 On or about November 2020, Defendant and/or its agents or representatives entered into a contract for goods and/or services with Plaintiff and/or its agents or representatives. 5.02 Under the terms of the agreement, Plaintiff was to provide, and did provide, valuable services. Plaintiff has fully performed all obligations te Defendant. 5.03 Although Defendant agreed to the terms and conditions contained in the agreement, Defendant breached said agreement by failing to make prompt payment by its express terms. 5.04 Therefore, due to the Defendant's breach of said contract, and after all lawful offsets and credits, Plaintiff is entitled to a Judgment against Defendant for the principal sum of Twelve Thousand Five Hundred Sixty-Three and 88/100ths Dollars ($12,563.88), consequential and incidental damages, together with prejudgment at 18% per annum from the earliest date allowed by law until the date final judgment is rendered against Defendant by this Court. 5.05 Notice of this valid claim was given to Defendant by Pieinta te priom to che Ealing on Eais suit. Therefore, pursuant to the terms of the agreement and/or Section 38.001 of the Texas Civil Practice and Remedies Code, as amended, Plaintiff is entitled to recover all of its reasonable and necessary attorney's fees associated with this collection of Plaintiff's valid claim. PLAINTIFF'S ORIGINAL PETITION Page 3 VI. CLAIM IN EQUITY FOR ANTUM MERUIT 6.01 Pleading in the alternative, on or about November 2020, Defendant and/or its agents or representatives entered into an agreement for goods and/or services with Plaintiff. 6.02 Defendant has accepted, used and enjoyed and will continue to receive the use and benefit of the goods and services Plaintiff provided and furnished to Defendant; and therefore, after all lawful offsets and credits, Defendant is justly indebted to Plaintiff for those goods and services in the principal sum of Twelve Thousand Five Hundred Sixty-Three and 88/100ths Dollars ($12,563.88) under equitable doctrine of quantum meruit. 6.03 Plaintiff, through the actions, conduct and communications with Defendant, was lead to believe it would be paid for those goods and services. By operation of law, Defendant is obligated to pay Plaintiff for the value of the goods and services old and delivered by Plaintiff to Defendant. 6.04 Defendant has caused Plaintiff damages resulting from the wrongful use and detention of funds due and owing to Plaintiff whether due and owing by virtue of Defendant's promises and agreements to pay said sums or by virtue of the doctrine of quantum meruit; therefore, Defendant is liable to Plaintiff for actual, consequential and incidental damages together with prejudgment interest at 18% per annum on such sums from the earliest date allowed by law until the date final judgment is rendered against Defendant by this Court. PLAINTIFF'S ORIGINAL PETITION Page 4 6.05 Notice of this claim was also given to Defendant by Plaintiff prior to the filing of this suit. Therefore, pursuant to Section 38.001 of the Tex. Civ. Prac. & Rem. Code, Plaintiff is entitled to recover all of its reasonable and necessary attorney's fees associated with the collection of Plaintiff's valid claim. VII. PROMPT PAYMENT ACT 7,01 Plaintiff incorporates herein by reference the previous allegations as if the same were set forth herein verbatim. 7.02 Pleading in the alternative, if the same be necessary, more than 35 days have passed since the Defendant received written payment request from Plaintiff for the amounts due and owing under the contract between them for labor and materials Plaintiff provided to Defendant, yet the Defendant has failed to pay Plaintiff for those labor and materials provided by Plaintiff, as required by the Prompt Payment Act in the Texas Property Code § 28.001, et seq. 7.03 Defendant is not authorized to withhold these funds under the parties' contract; and therefore, Defendant is in violation of the Prompt Payment Act by withholding the funds owed. 7.04 Plaintiff seeks recovery of these funds due and owing from Defendant for labor and materials provided by Plaintiff, together with § 28.004 statutory interest at 18% per annum and attorney's fees, as provided by the Prompt Payment Act, in excess of the minimum jurisdictional limits of this Court. PLAINTIFF'S ORIGINAL PETITION Page 5 VIII. MECHANIC'S LIEN AND CLAIM 8.01 Plaintiff incorporates herein by reference the previous allegations as if the same were set forth herein verbatim. 8.02 Pleading in the alternative, if the same be necessary, Plaintiff alleges a Constitutional Lien pursuant to the Texas State Constitution, Texas Property Code and Texas Government Code, which provides that mechanics, artisans and materialmen of every class, shall have a lien upon the building and articles made or repaired by them for the value of their labor done thereon, or material furnished thereof. 8.03 Plaintiff would show it had a direct contractual relationship with the owner, the time for filing a statutory lien has expired, a notice letter is not required prior to filing the lien, and the claim for filing a constitutional lien has been filed within the applicable statute of limitations; thereby making Plaintiff's claim. col a constitutional. (ven joinding. ion. the structure that has been repaired by Plaintifé. 8.04 Accordingly, Plaintiff is entitled to a Judgment against Defendant in the principal sum of Twelve Thousand Five Hundred Sixty-Three and 88/100ths Dollars ($12,563.88) and to a Judgment foreclosing Plaintiff's Constitutional Lien for such sums as set forth in Plaintiff's lien affidavit in ordering the sale of such property in accordance with Texas Property Code § 53.154 and Texas Rules of Civil Procedure 309. PLAINTIFF'S ORIGINAL PETITION Page 6 Ix. ATTORNEY'S FEES 9.01 As a direct and proximate result of Defendant and/or their agents, servants or representatives' failure to pay the remainder owing on the parties agreement and meet its obligations, and default those obligations, Plaintiff has been required to employ the undersigned attorney to file and prosecute this suit. 9.02 Plaintiff's claims for goods and services remain unpaid. Accordingly, in accordance with Texas Civil Practice and Remedies Code § 38.001 et seq., Plaintiff is entitled to receive reasonable attorney's fees, in relation to the work expended, and to be expended in the prosecution of Plaintiff's claims through the trial court and if Plaintiff is the successful litigant, additional reasonable attorney's fees in all levels of the appellate process and costs of suit. 9.03 Pleading in the alterative, if the same be necessary, in accordance with the Texas Property Code § 53.156, Plaintiff is entitled to recover from Defendant reasonable attorney's fees and taxable court costs as are equitable and just in its proceeding to foreclose the above-referenced lien. 9.04 Pleading in the alterative, if the same be necessary, in accordance with the Texas Property Code § 28.005(b), Plaine er ac entitled to recover from Defendant reasonable attorney's fees and taxable court costs as the Court determines equitable and just in Plaintiff's action to enforce the prompt payment of the withheld funds. PLAINTIFF'S ORIGINAL PETITION Page 7 8.05 Accordingly, Plaintiff is entitled to recover its reasonable attorney's fees herein pursuant to Texas Civil and Practice Remedies Code § 38.001, Gt seq; Texas Property Code §§ 28.005(b) and 53.156 and Texas Business and Commerce Code § 36.25 in an amount not less than Five Thousand and 00/100ths Dollars ($5,000.00) as required to prepare, file and prosecute this suit and locate and effect service of process on the Defendant. PLAINTIFF'S ORIGINAL PETITION Page 8 WHEREFORE, PREMISES CONSIDERED, GRIGGS CARPET, INC, a/b/a Griggs Carpet ("Plaintiff") prays that PRESIDIO MISSION VILLAS, LLC., a Forfeited Texas Limited Liability Corporation, d/b/a Mission Villas Apartments ("Defendant") be cited to appear and answer herein and, upon final hearing, Plaintiff have judgment against Defendant for the following relief: {a) Actual damages in the principal sum of Twelve Thousand Five Hundred Sixty-Three and 88/100ths Dollars ($12,563.88); (b) Incidental and consequential damages, as determined by the common law; (c) Attorney's fees and expenses pursuant to Texas Civil and Practice Remedies Code § 38.001, Texas Property Code §§ 28.005{(b) and 53.156 and Texas Business and Commerce Code § 36.25 in an amount not less than Five Thousand and 00/100ths Dollars ($5,000.00), both through the trial in this Court and through all subsequent appeals; (a) Interest allowed by Texas Property Code § 28.004; {e) Prejudgment and Post-judgment interest allowed by law; (£) Taxable cost of court; {g) A judgment establishing Plaintiff's lien on Defendant's property, together with an Order of Foreclosure and Sale and a Writ of Possession, and (h) Any and all other relief, general or special, at law or in equity, to which Plaintiff may be justly entitled. Respe ‘ully bmitted, LAW 0. Right seats By 7) TE MOTHY PLETTA tate Bar No. 16071800 150 Bethel Road Coppell, Texas 75019 Telephone: (972) 462-0321 Facsimile: (972) 462-0465 AttorneyPletta@HotMail.Ccom ATTORNEY FOR PLAINTIFF, GRIGGS CARPET, INc. d/b/a Griggs Carpet PLAINTIFF'S ORIGINAL PETITION Page 9 =i or (o} Franchise Tax Account Status As of : 04/23/2021 18:22:01 This page is valid for most business transactions but is not sufficient for filings with the Secretary of State PRESIDIO MISSION VILLAS, LLC Texas Taxpayer Number 32072012183 Mailing Address 2880 W PIONEER PKWY ARLINGTON, TX 76013-5908 FORFEITED @ Right to Transact Business in File missing reports, information reports and/or Texas payments State of Formation 1™ Effective SOS Registration Date 09/21/2019 Texas SOS File Number 0803426290 Registered Agent Name ERWIN BULLOCK Registered Office Street Address 2880 W. PIONEER PARKWAY ARLINGTON, TX 76013 I R138162 PRESIDIO MISSION VILLAS LLC 5128 ABERDEEN AVE, LUBBOCK, TX 79414-20271 + $2,762,117 we a oh Active N/A Apartment LONG BUSTER t 11-14 27-30 & S50" OF L 15 & S50" OF 26 N/A 0306 - City Of Lubbock $2,537,311 R532000-00000-001 10-000 529 N/A N/A PRESIDIO MISSION VILLAS LLC 00354652 N/A $224,806 100% 2880 W PIONEER PKWY ARLINGTON, TX 76013 $2,762,117 . $0 $0 $2,762,117 -$0 $2,762,117 N/A values are not applicable toward total value, oe EXEMPTIONS TAXABLE TAX RATE PER TAX TAXING ENTITY EXEMPTIONS AMOUNT VALUE 100 CEILING CLB- City Of Lubbock $0 $2,762,117 0,541573 o GLB- Lubbock County $0 $2,762,117 9.339978 3 HSP- Lubb Cnty $0 $2,762,417 0.403164 a Hospital SLB- Lubbock ISD $0 $2,762,117 1.1514 9 WHP- Hi Plains Water $0 $2,762,117 0.0055 Q TOTALS 2.141615 ¥ Expand/Celtapoe All B2 - Real Multifamily Apartments No 8,728 Sq. Ft N/A YEAR ADD'L RECORD TYPE SQ. FT VALUE UILT INFO MA- Main Area 1973 4,364 N/A ¥ Details MAZ - Main Area Usf 4973 4,364 NIA ¥ Details PL2- Poal/spa 1973 + N/A ¥ Details AP1 - Paving Asphalt 1979 46,710, N/A * Detads. B2 - Real Multifarnily Apartments No 8,728 Sq. Ft N/A YEAR ADD" RECORD TYPE UILT 5Q. FT VALUE INFO MA - Main Area 1973 4,364 N/A © Destisls MA2 - Main Area Usf 1973 4,364 NIA © Cetails, B2 - Real Multifamily Apartments No 8,832 Sq. Ft N/A YEAR ADD'L RECORD TYPE SQ. FT VALUE BUILT INFO MA - Main Area 1973 4416 N/A % Details MA2 - Main Area Usf 1973 4416 N/A % Details B2 - Real Multifamily Apartments No 8,728 Sq. Ft N/A YEAR SQ. Fr VALUE ADO'L RECORD a BUILT INFO a MA - Main Area 1973 4,364 N/A ¥ Detaits 2 MA2 - Main Aree Usf 1973 4,364 NIA + Details 62 - Real Multifamily Apartments No 8,728 Sq. Ft N/A YEAR $Q. FT VALUE ADD'L, RECORD TYPE BUILT INFO MA - Main Area 1973 4,364 N/A ¥ Deans MA2 - Main Area Ust 1973 4,364 N/A ¥ Details B2 - Real Multifamily Apartments No 8,832 Sq. Ft N/A YEAR ADD'L RECORD TYPE SQ. FT VALUE BUILT INFO 1 MA - Main Area 1973 4416 NAA ‘¥ Details 2 MA2 - Main Area Usf 1973 4,416 N/A ¥ Details 82 - Real Multifamily Apartments. NO 600 Sq. Ft N/A YEAR ADD'L RECORD TYPE SQ. FT VALUE INFO BUILT 1 MA- Main Area 1973 600 N/A ¥ Detals B2 - Real Multifamily Apartments No 10,649 Sq. Ft N/A YEAR ADDL RECORD TYPE SQ. FT VALUE BUILT INFO. 1 MA - Main Area 1976 5,090 NA & Details MA2 - Main Area Usf 1976 5,690 NIA + Details CP1 - Paving Concrete 1979 2,952 NIA ¥ Details MASO - Addition 1976 469 N/A # Details B2 - Real Multifamily Apartments No 6,340 Sq Fe NIA ADD'L RECORD TYPE YEAR BUILT SQ.FT VALUE INFO 1 MA - Main Area 1976 6,148 N/A ~ Details 2 AP} - Paving Asphait 1979 1,296 NIA ¥ Deta‘ls MASO - Addition 1976 192 NifA ¥ Details LAND SEGMENT MARKET AG TIM STATE CODE HOMESITE LAND SIZE TYPE VALUE USE USE 1- Commercial B2- Real Multifamily No N/A $0 $0 112,403 Sq. ft Apartments TOTALS 112,403 Sq. ft/ 2.586418 acres ‘ YEAR IMPROVEMENT LAND MARKET AG MARKET AG USE APPRAISED HS. cap LOSS ASSESSED 2020 $1,705,007 $224,806 $1,929,813 $0 $0 $1,929,813 $0 $1,929,813 2019 $1,577,157 $224,806 $1,801,963 $0 $0 $1,801,963 $0 $1,801,963 2018 $1,597,502 $224,806 $1,822,308 $0 $0 $1,822,308 $0 $1,822,308 2017 $1,490.811 $224,806 $1,715,617 $0 $0 $1,715,617 $0. $1,715,617 2016 $1,446,811 $224,806 $1,671,617 40 $0 $1,671,617 $0 $1,671,617 DEED DATE SELLER BUYER INSTR # VOLUME/PAGE 11/22/2019 CAPITAL 8 MISSION VILLAS LLC PRESIDIO MISSION VILLAS LLC 2019-45646 1412/2015 AREP MISSION VILLAS APTS LLC CAPITAL 8 MISSION VILLAS LLC 2015-1008 1/31/2012 CBB LTD AREP MISSION VILLAS APTS LLC 2012-3375, 3/14/2007 CHSSLLE CBB LTD 2007-10379 5/5/2004 LUBBOCK GALLERY APTS LLC CHSSLLC 2004-18948 9114/1823 12/17/1997 CHSSLLCE LUBBOCK GALLERY APTS LLC - 5675/203 6/6/1997 CHS 5 JOINT VENTURE CHSSLLC 5496/281 1171371990 CHSS CHS SJOINT VENTURE 3476/003 40/1/1982 UNKNOWN CHSS 1805/2385 (1) does nat file, in accordance with this chapter and within days after the date notice of forfeiture is es mailed, @ report required this chapter; (2) does not pay, within 45 days after the date notice of sfeiture is mailed, a tax imposed by this chapter or does not pay, thin those 45 days, a penalty imposed by this chapter relating to that SF or (3) does not permit the comptroller to examine under Section 1.211 of this code the corporation's records. 8 1981, 67th Leg., Pp. 1703, ch, 389, Sec. l, eff. Jan. 1 1982, snded by Acts 1984, 68th Leg., and C.S., ch. 10, art, 3, Sec. 5, eff. ot i, 1984; Acts 1989, Vist Leg., ch, 384, Sec. 110, eff. Sept, i, 39; Aces: 99h, 72nd Leg., ist c.S8., ch. 5, Sec. 8.19, eff. Jan. 1, 32; Acts 19937, 73xd Leg., he 546, Sec. 10, eff, Jan, 1, 1994, Sec. 171-2515. FORFEITURE OF RIGHT OF TAXABLE ENTITY TO TRANSACT 3INESS IN THIS STATE, (a) The comptroiler may, for the same reasons dousing the same procedures the comptroller uses in relation to the vfeiture of the corporate privileges of a corporation, forfeit the ght of a taxable entity to transact business in this state. (b) The provisions of this subchapter, including Section 171.255, at apply to the forfeiture of corporate privileges apply to the rfeiture of a taxable entity's right to transact business in this ate. ded by Acts 2006 79th Leg., BEG Clon. Ch. 1 (8.8. 3), Sec. 9, eff. nuary 1, 2008. Sec. 171.252.