Preview
12/28/2018 9:18 AM
Velva L. Price
District Clerk
Travis County
D-1-GN-18-007693
CAUSE NO. ___________ D-1-GN-18-007693
Jessica A. Limon
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ROBERT STRAITON § IN THE DISTRICT COURT
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Plaintiff §
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vs. §
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RUDY’S TEXAS BAR-B-Q, LLC dba § 201ST
____ JUDICIAL DISTRICT
RUDY’S COUNTRY STORE AND §
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BAR-B-Q AND §
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FORD RESTAURANT GROUP, INC. §
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Defendant § TRAVIS COUNTY, TEXAS
§
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PLAINTIFF’S ORIGINAL PETITION
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AND REQUEST FOR DISCLOSURE
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TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Robert Straiton, hereinafter
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called Plaintiff, complaining of and about
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Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and Bar-B-Q and Ford Restaurant Group,
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Inc., hereinafter called Defendants, and for cause of action shows unto the Court the following:
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I. DISCOVERY CONTROL PLAN LEVEL
1. Plaintiff intends that discovery be conducted under Discovery Level II.
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II. PARTIES AND SERVICE
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2. Plaintiff, Robert Straiton, is an Individual resident of Texas.
3. Defendant, Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and Bar-B-Q, is a
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Texas corporation whose registered office is located in Travis County at 1514 Ranch Road 620 S,
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Austin TX 78734, may be served with process by serving its registered agent for service of process,
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Lynn Ford, in Travis County at 1514 Ranch Road 620 S, Austin TX 78734.
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4. Defendant, Ford Restaurant Group, Inc., is a Texas corporation whose registered
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office is located in Travis County at 1514 Ranch Road 620 S, Austin TX 78734, may be served with
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process by serving its registered agent for service of process, Lynn Ford, in Travis County at 1514
Ranch Road 620 S, Austin TX 78734.
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III. JURISDICTION AND VENUE
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5. 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 corporations
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with principal offices in Travis County.
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7. Venue in Travis County is proper in this cause under Section 15.002(a)(3) of the
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Texas Civil Practice and Remedies Code because Defendants’ principal office is in Travis County.
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IV. FACTS
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8. This is a nonsubscriber negligence case.
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9. On January 11, 2017, Plaintiff was working as an employee of Rudy's Texas Bar-B-
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Q, LLC dba Rudy's Country Store and Bar-B-Q and/or Ford Restaurant Group, Inc. While Plaintiff
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was sharpening a knife in the course and scope of his employment with Defendant and in the
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furtherance of duties for the Defendant, Plaintiff suffered a workplace injury which caused serious,
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permanent and disabling injuries and resulting damages.
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10. At all times material hereto Defendants were non-subscribers to Texas Worker's
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Compensation, thus affording Plaintiff his common law right of action against Defendant. Plaintiff
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would further show that by reason of Defendant's status as a non-subscriber, Defendant is not
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allowed by law to assert its common law defenses to any action for negligence brought by Plaintiff.
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V. PLAINTIFF'S CLAIM OF NEGLIGENCE
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AGAINST RUDY’S TEXAS BAR-B-Q, LLC dba
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RUDY’S COUNTRY STORE AND BAR-B-Q
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11. Under Texas law, an employer owes its employees the following
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non- delegable duties:
A. The duty to provide rules and regulations for the safety of
employees, and to warn them, under certain conditions, as to
the hazards of their positions or employment;
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B. The duty to furnish reasonably safe instrumentalities with
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which its employees are to work;
C.
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The duty to furnish its employees with a reasonably safe
place to work; and
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D. The duty to exercise ordinary care to select careful and
competent fellow co-employees.
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12. Defendant Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and Bar-B-Q failed
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to satisfy its nondelegable duties in at least the following ways:
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A. Failing to properly train its employees;
B.
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Failing to properly supervise its employees;
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C. Failing to provide protective gear for its employees;
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D. Failing to provide a reasonably safe workplace for its employees; and
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E. Failing to furnish reasonably safe instrumentalities with
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which its employees are to work.
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13. Defendant Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and Bar-B-Q’s
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failure to satisfy its nondelegable duties proximately cause injury to Plaintiff.
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VI. PLAINTIFF’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT FORD
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RESTAURANT GROUP, INC.
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14. Under Texas law, an employer owes its employees the following non-
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delegable duties:
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A. The duty to provide rules and regulations for the safety of
employees, and to warn them, under certain conditions, as to
of
the hazards of their positions or employment;
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B. The duty to furnish reasonably safe instrumentalities with
which its employees are to work;
C. The duty to furnish its employees with a reasonably safe place
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to work; and
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D. The duty to exercise ordinary care to select careful and
competent fellow co-employees.
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15. Defendant Ford Restaurant Group, Inc. failed to satisfy its nondelegable duties in at
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least the following ways:
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A. Failing to properly train its employees;
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B. Failing to properly supervise its employees;
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C. Failing to provide protective gear for its employees;
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D. Failing to provide a reasonably safe workplace for its employees; and
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E. Failing to furnish reasonably safe instrumentalities with
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which its employees are to work.
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16. Defendant Ford Restaurant Group, Inc.’s failure to satisfy its nondelegable duties
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proximately cause injury to Plaintiff.
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VI. DAMAGES FOR PLAINTIFF ROBERT STRAITON
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17. As a direct and proximate result of the occurrence made the basis of this lawsuit,
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Plaintiff Robert Straiton, was caused to suffer serious bodily injuries, and to incur the following
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damages for which Plaintiff seeks monetary relief of over $1,000,000.00:
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A. Reasonable medical care and expenses in the past. These expenses were
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incurred by Plaintiff, Robert Straiton, for the necessary care and treatment of
the injuries resulting from the accident and/or the aggravation of prior
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injuries and such charges are reasonable and were usual and customary
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charges for such services at the time and place that the services were
provided;
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B. Reasonable and necessary medical care and expenses which will in all
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reasonable probability be incurred in the future;
C. Physical pain and suffering in the past;
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D. Physical pain and suffering in the future;
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E. Loss of earnings in the past;
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F. Loss of earning capacity which will, in all probability, be incurred in the
future;
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G. Mental anguish in the past;
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H. Mental anguish in the future;
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I. Physical impairment sustained in the past; and
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J. Physical impairment which will, in all probability, be sustained in the future.
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VII. DEMAND FOR TRIAL BY JURY
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Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
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VIII. REQUEST FOR DISCLOSURE
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19. Under Texas Rules of Civil Procedure 194, Plaintiff requests that Defendant
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disclose, within 50 days of the service of this request, the information or material described in rule
194.2.
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IX. PRAYER
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WHEREFORE, PREMISES CONSIDERED, Plaintiff, ROBERT STRAITON,
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respectfully prays that the Defendants, Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and
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Bar-B-Q and Ford Restaurant Group, Inc., be cited to appear and answer herein, and that upon a
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final hearing of the cause, judgment be entered for the Plaintiff against Defendants for damages in
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an amount within the jurisdictional limits of the Court; together with pre-judgment interest (from
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the date of injury through the date of judgment) at the maximum rate allowed by law; post-judgment
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interest at the legal rate, costs of court; and such other and further relief to which the Plaintiff may
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be entitled at law or in equity.
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Respectfully submitted,
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Firouzbakht Law Firm
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By:
Eric Firouzbakht
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Texas Bar No. 24091800
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3217 Montrose Blvd., Ste 228
Houston, Texas 77006
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Tel. (832) 779-8018
Fax. (832) 201-9216
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ef@firouzbakhtlawfirm.com
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Attorney for Plaintiff
Robert Straiton
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CIVIL CASE INFORMATION SHEET
CAUSE NUMBER (FOR CLERK USE ONLY): _______________________________ COURT (FOR CLERK USE ONLY): ______________________
STYLED ROBERT STRAITON V. RUDY'S TEXAS BAR-B-Q, LLC DBA RUDY'S COUNTRY STORE AND BAR-B-Q AND FORD
RESAURANT GROUP, INC.
(e.g., John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson)
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A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental
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health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at
the time of filing.
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1. Contact information for person completing case information sheet:
Names of parties in case: Person or entity completing sheet is:
Attorney for Plaintiff/Petitioner
Name: Email: Plaintiff(s)/Petitioner(s): Pro Se Plaintiff/Petitioner
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Eric Firouzbakht ef@firouzbakhtlawfirm.com Title IV-D Agency
Robert Straiton Other:
Address: Telephone:
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3217 Montrose Blvd., Ste 228 832-779-8018
Additional Parties in Child Support Case:
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City/State/Zip: Fax: Defendant(s)/Respondent(s):
Custodial Parent:
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Houston, TX 77006 832-201-9216
Rudy's Texas Bar-B-Q, LLC dba Rudy's
Non-Custodial Parent:
Signature: State Bar No: Country Store and Bar-B-Q
24091800 Ford Resaurant Group, Inc.
Presumed Father:
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/s/ Eric Firouzbakht
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[Attach additional page as necessary to list all parties]
2. Indicate case type, or identify the most important issue in the case (select only 1):
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Civil Family Law
Post-judgment Actions
Contract Injury or Damage Real Property Marriage Relationship (non-Title IV-D)
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Debt/Contract Assault/Battery Eminent Domain/ Annulment Enforcement
Consumer/DTPA Construction Condemnation Declare Marriage Void Modification—Custody
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Debt/Contract Defamation Partition Divorce Modification—Other
Fraud/MisrepresentationMalpractice Quiet Title With Children Title IV-D
Other Debt/Contract: Accounting Trespass to Try Title No Children Enforcement/Modification
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Legal Other Property: Paternity
Foreclosure Medical Reciprocals (UIFSA)
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Home Equity—Expedited Other Professional Support Order
Other Foreclosure Liability:
Related to Criminal
.
Franchise Motor Vehicle Accident
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Insurance Matters Other Family Law Parent-Child Relationship
Premises
Landlord/Tenant Product Liability Expunction Enforce Foreign Adoption/Adoption with
Non-Competition Asbestos/Silica Judgment Nisi Judgment Termination
Partnership Other Product Liability Non-Disclosure Habeas Corpus Child Protection
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Other Contract: List Product: Seizure/Forfeiture Name Change Child Support
Writ of Habeas Corpus— Protective Order Custody or Visitation
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Other Injury or Damage: Pre-indictment Removal of Disabilities Gestational Parenting
Nonsubscriber Negligence Other: of Minority Grandparent Access
Other: Paternity/Parentage
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Employment Other Civil Termination of Parental
Discrimination Administrative Appeal Lawyer Discipline Rights
Retaliation Antitrust/Unfair Perpetuate Testimony Other Parent-Child:
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Termination Competition Securities/Stock
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Workers’ Compensation Code Violations Tortious Interference
Other Employment: Foreign Judgment Other:
Intellectual Property
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Tax Probate & Mental Health
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Tax Appraisal Probate/Wills/Intestate Administration Guardianship—Adult
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Tax Delinquency Dependent Administration Guardianship—Minor
Other Tax Independent Administration Mental Health
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Other Estate Proceedings Other:
3. Indicate procedure or remedy, if applicable (may select more than 1):
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Appeal from Municipal or Justice Court Declaratory Judgment Prejudgment Remedy
Arbitration-related Garnishment Protective Order
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Attachment Interpleader Receiver
Bill of Review License Sequestration
Certiorari Mandamus Temporary Restraining Order/Injunction
Class Action Post-judgment Turnover
4. Indicate damages sought (do no select if it is a family law case):
Less than $100,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorneys fees
Less than $100,000 and non-monetary relief
Over $100,000 but not more than $200,000
Over $200,000 but not more than $1,000,000
Over $1,000,000
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of
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Rev 2/13
SUPPLEMENTARY PROBATE CASE INFORMATION SHEET
TRAVIS COUNTY PROBATE COURT NO. 1
CAUSE NO. C-1-PB-_______ - __________________
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This sheet is a supplement to the Civil Case Information Sheet required by Texas Rule of Civil Procedure 78a.
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Both the Civil Case Information Sheet and this supplementary sheet should be completed whenever an
original petition or application is filed in this Court. Except for the case style, there’s no duplication between the
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two sheets. If you are e-filing the original petition or application, an information sheet cannot be the lead document.
The information should be the best available at the time of filing, understanding that the information may change before trial.This
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information does not constitute a discovery request, response, or supplementation, and is not admissible at trial.
1. Case style. Please indicate the correct case style.
For example, “Estate of Decedent’s name,” “Guardianship of the Person and Estate of
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Proposed Ward’s name,” or “Plaintiff(s) v. Defendant(s).”
If “Plaintiff v. Defendant,” list all parties; attach additional page as necessary
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(an estate or guardianship cannot be a party; it’s the executor, administrator, or guardian who has the capacity to sue or be sued).
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No
2. Related case(s). Has this
Yes, in this court.
Cause No. C-1-PB-
case been previously filed, ( - new case is guardianship after 1102; will be same cause number)
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or is it related to a case ( - new case is guardianship after chapter 48; new cause number & new style)
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previously filed in this court Yes, in another court:
or in another court? Court: Cause No.
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Attach page(s) as needed.If you are attaching page(s) with information about additional related
cases, check here:
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3. Indicate case type (check only one case type, but see additional box if filing a guardianship application)
Independent Administration All Other Estate Proceedings Ancillary Cases (new cause #)
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Probate Letters Testamentary Probate Muniment of Title(PMU + 3021) Ancillary action related to an Independent
(independent) (PBL + 3020) Muniment of Title more than 4 years Administration (includes court-ordered
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Letters w/ copy of will (PBL + 3130) after date of death (PMU + 3133) severance) (PIA + 3115)
Ancillary
actionrelated to a Dependent
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Indep. Admin., Will Annexed
(PAI + 3030) Muniment copy of will (PMU + 3132)
Administration(includes court-ordered
Indep. Admin. with Heirship
(PAH + 3032) Heirship / No Administration
(PHE + 3033) severance) (PDA + 3116)
.
Foreign Will Letters (indep’t)
(PWL + 3102)
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Small Estate Affidavit
(PSM + 3040) Ancillary action related to Guardianship of
Dependent Administration
Foreign Will Recording only
(PWR + 3044)
an Adult (includes court-ordered
Dependent Administration (all dependent severance) (PAA + 3117)
administrations:
executor, will annexed, 252 WillDeposit orApplicationtoProduce Ancillary
actionrelated to Guardianship of
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with heirship, or with heirship to follow) Will(PWD + 3041) a Minor(includescourt-ordered
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(PAD + 3031) 1355 Custodial Account (887 + 3014) severance) (PAM + 3118)
Temporary Administration (PAT + 3019) Ancillary action that is in this court
1351 Sale of Property of Minor (PSP + 3035)
because a trustee is a party (includes
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Foreign Will Letters (dependent)
PW1 +
3043) court-ordered severance)(PTP + 3119)
Guardianship / 1301 Trust – Adult Guardianship / 1301 Trust – Minor Miscellaneous Estate Applications
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151 Application to Open Safety Deposit
An attorney representing a guardianship applicant must be certified by the State Bar of
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Box (PDB + 3103)
Texas for having successfully completed a four-hour course of study in guardianship law.
152 Emergency Intervention (funeral,
If this is a guardianship application, answer the following question and check the case
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burial, rental) (PEI + 3104)
type in the boxes below: 153 Application for Access to Intestate’s
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Is the applicant’s attorney certified? Yes No Account Information(PIF + 3013)
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Guard’ship Adult Person only (PG1 + 3023) Guard’ship Minor Person only (PM1 + 3047) 1102 Investigations & Chapter 48
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Court Initiated / 1102
(PCI + 3028)
Guard’ship Adult Estate only (PG2 + 3024) Guard’s
Preview
12/28/2018 9:18 AM Velva L. Price District Clerk Travis County D-1-GN-18-007693 CAUSE NO. ___________ D-1-GN-18-007693 Jessica A. Limon e ROBERT STRAITON § IN THE DISTRICT COURT ic Plaintiff § Pr § vs. § § L. RUDY’S TEXAS BAR-B-Q, LLC dba § 201ST ____ JUDICIAL DISTRICT RUDY’S COUNTRY STORE AND § a BAR-B-Q AND § lv FORD RESTAURANT GROUP, INC. § Ve Defendant § TRAVIS COUNTY, TEXAS § k PLAINTIFF’S ORIGINAL PETITION er AND REQUEST FOR DISCLOSURE Cl TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Robert Straiton, hereinafter ct called Plaintiff, complaining of and about tri Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and Bar-B-Q and Ford Restaurant Group, D is Inc., hereinafter called Defendants, and for cause of action shows unto the Court the following: . Co I. DISCOVERY CONTROL PLAN LEVEL 1. Plaintiff intends that discovery be conducted under Discovery Level II. is II. PARTIES AND SERVICE av Tr 2. Plaintiff, Robert Straiton, is an Individual resident of Texas. 3. Defendant, Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and Bar-B-Q, is a y op Texas corporation whose registered office is located in Travis County at 1514 Ranch Road 620 S, c Austin TX 78734, may be served with process by serving its registered agent for service of process, l ia Lynn Ford, in Travis County at 1514 Ranch Road 620 S, Austin TX 78734. fic 4. Defendant, Ford Restaurant Group, Inc., is a Texas corporation whose registered of office is located in Travis County at 1514 Ranch Road 620 S, Austin TX 78734, may be served with Un process by serving its registered agent for service of process, Lynn Ford, in Travis County at 1514 Ranch Road 620 S, Austin TX 78734. e III. JURISDICTION AND VENUE ic Pr 5. 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 corporations L. with principal offices in Travis County. a lv 7. Venue in Travis County is proper in this cause under Section 15.002(a)(3) of the Ve Texas Civil Practice and Remedies Code because Defendants’ principal office is in Travis County. k IV. FACTS er Cl 8. This is a nonsubscriber negligence case. ct 9. On January 11, 2017, Plaintiff was working as an employee of Rudy's Texas Bar-B- tri Q, LLC dba Rudy's Country Store and Bar-B-Q and/or Ford Restaurant Group, Inc. While Plaintiff is was sharpening a knife in the course and scope of his employment with Defendant and in the D furtherance of duties for the Defendant, Plaintiff suffered a workplace injury which caused serious, . Co permanent and disabling injuries and resulting damages. is 10. At all times material hereto Defendants were non-subscribers to Texas Worker's av Compensation, thus affording Plaintiff his common law right of action against Defendant. Plaintiff Tr would further show that by reason of Defendant's status as a non-subscriber, Defendant is not y allowed by law to assert its common law defenses to any action for negligence brought by Plaintiff. op c V. PLAINTIFF'S CLAIM OF NEGLIGENCE l AGAINST RUDY’S TEXAS BAR-B-Q, LLC dba ia RUDY’S COUNTRY STORE AND BAR-B-Q fic 11. Under Texas law, an employer owes its employees the following of Un non- delegable duties: A. The duty to provide rules and regulations for the safety of employees, and to warn them, under certain conditions, as to the hazards of their positions or employment; e ic B. The duty to furnish reasonably safe instrumentalities with Pr which its employees are to work; C. L. The duty to furnish its employees with a reasonably safe place to work; and a lv D. The duty to exercise ordinary care to select careful and competent fellow co-employees. Ve 12. Defendant Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and Bar-B-Q failed k er to satisfy its nondelegable duties in at least the following ways: Cl A. Failing to properly train its employees; B. ct Failing to properly supervise its employees; tri C. Failing to provide protective gear for its employees; is D. Failing to provide a reasonably safe workplace for its employees; and . D E. Failing to furnish reasonably safe instrumentalities with Co which its employees are to work. is 13. Defendant Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and Bar-B-Q’s av failure to satisfy its nondelegable duties proximately cause injury to Plaintiff. Tr VI. PLAINTIFF’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT FORD y RESTAURANT GROUP, INC. op 14. Under Texas law, an employer owes its employees the following non- l c delegable duties: ia fic A. The duty to provide rules and regulations for the safety of employees, and to warn them, under certain conditions, as to of the hazards of their positions or employment; Un B. The duty to furnish reasonably safe instrumentalities with which its employees are to work; C. The duty to furnish its employees with a reasonably safe place e to work; and ic Pr D. The duty to exercise ordinary care to select careful and competent fellow co-employees. L. 15. Defendant Ford Restaurant Group, Inc. failed to satisfy its nondelegable duties in at a lv least the following ways: Ve A. Failing to properly train its employees; k B. Failing to properly supervise its employees; er C. Failing to provide protective gear for its employees; Cl D. Failing to provide a reasonably safe workplace for its employees; and ct tri E. Failing to furnish reasonably safe instrumentalities with is which its employees are to work. D 16. Defendant Ford Restaurant Group, Inc.’s failure to satisfy its nondelegable duties . Co proximately cause injury to Plaintiff. is VI. DAMAGES FOR PLAINTIFF ROBERT STRAITON av 17. As a direct and proximate result of the occurrence made the basis of this lawsuit, Tr Plaintiff Robert Straiton, was caused to suffer serious bodily injuries, and to incur the following y damages for which Plaintiff seeks monetary relief of over $1,000,000.00: op A. Reasonable medical care and expenses in the past. These expenses were c incurred by Plaintiff, Robert Straiton, for the necessary care and treatment of the injuries resulting from the accident and/or the aggravation of prior l ia injuries and such charges are reasonable and were usual and customary fic charges for such services at the time and place that the services were provided; of B. Reasonable and necessary medical care and expenses which will in all Un reasonable probability be incurred in the future; C. Physical pain and suffering in the past; e D. Physical pain and suffering in the future; ic Pr E. Loss of earnings in the past; L. F. Loss of earning capacity which will, in all probability, be incurred in the future; a lv G. Mental anguish in the past; Ve H. Mental anguish in the future; k I. Physical impairment sustained in the past; and er J. Physical impairment which will, in all probability, be sustained in the future. Cl VII. DEMAND FOR TRIAL BY JURY 18. ct Plaintiff demands a jury trial and tenders the appropriate fee with this petition. tri is VIII. REQUEST FOR DISCLOSURE D 19. Under Texas Rules of Civil Procedure 194, Plaintiff requests that Defendant . Co disclose, within 50 days of the service of this request, the information or material described in rule 194.2. is av IX. PRAYER Tr WHEREFORE, PREMISES CONSIDERED, Plaintiff, ROBERT STRAITON, y respectfully prays that the Defendants, Rudy's Texas Bar-B-Q, LLC dba Rudy's Country Store and op Bar-B-Q and Ford Restaurant Group, Inc., be cited to appear and answer herein, and that upon a c final hearing of the cause, judgment be entered for the Plaintiff against Defendants for damages in l ia an amount within the jurisdictional limits of the Court; together with pre-judgment interest (from fic the date of injury through the date of judgment) at the maximum rate allowed by law; post-judgment of Un interest at the legal rate, costs of court; and such other and further relief to which the Plaintiff may 5 be entitled at law or in equity. e ic Pr Respectfully submitted, L. Firouzbakht Law Firm a lv Ve By: Eric Firouzbakht k Texas Bar No. 24091800 er 3217 Montrose Blvd., Ste 228 Houston, Texas 77006 Cl Tel. (832) 779-8018 Fax. (832) 201-9216 ct ef@firouzbakhtlawfirm.com tri Attorney for Plaintiff Robert Straiton D is . Co is av Tr y op c l ia fic of Un 6 CIVIL CASE INFORMATION SHEET CAUSE NUMBER (FOR CLERK USE ONLY): _______________________________ COURT (FOR CLERK USE ONLY): ______________________ STYLED ROBERT STRAITON V. RUDY'S TEXAS BAR-B-Q, LLC DBA RUDY'S COUNTRY STORE AND BAR-B-Q AND FORD RESAURANT GROUP, INC. (e.g., John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson) e A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental ic health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at the time of filing. Pr 1. Contact information for person completing case information sheet: Names of parties in case: Person or entity completing sheet is: Attorney for Plaintiff/Petitioner Name: Email: Plaintiff(s)/Petitioner(s): Pro Se Plaintiff/Petitioner L. Eric Firouzbakht ef@firouzbakhtlawfirm.com Title IV-D Agency Robert Straiton Other: Address: Telephone: a 3217 Montrose Blvd., Ste 228 832-779-8018 Additional Parties in Child Support Case: lv City/State/Zip: Fax: Defendant(s)/Respondent(s): Custodial Parent: Ve Houston, TX 77006 832-201-9216 Rudy's Texas Bar-B-Q, LLC dba Rudy's Non-Custodial Parent: Signature: State Bar No: Country Store and Bar-B-Q 24091800 Ford Resaurant Group, Inc. Presumed Father: k /s/ Eric Firouzbakht er [Attach additional page as necessary to list all parties] 2. Indicate case type, or identify the most important issue in the case (select only 1): Cl Civil Family Law Post-judgment Actions Contract Injury or Damage Real Property Marriage Relationship (non-Title IV-D) ct Debt/Contract Assault/Battery Eminent Domain/ Annulment Enforcement Consumer/DTPA Construction Condemnation Declare Marriage Void Modification—Custody tri Debt/Contract Defamation Partition Divorce Modification—Other Fraud/MisrepresentationMalpractice Quiet Title With Children Title IV-D Other Debt/Contract: Accounting Trespass to Try Title No Children Enforcement/Modification is Legal Other Property: Paternity Foreclosure Medical Reciprocals (UIFSA) D Home Equity—Expedited Other Professional Support Order Other Foreclosure Liability: Related to Criminal . Franchise Motor Vehicle Accident Co Insurance Matters Other Family Law Parent-Child Relationship Premises Landlord/Tenant Product Liability Expunction Enforce Foreign Adoption/Adoption with Non-Competition Asbestos/Silica Judgment Nisi Judgment Termination Partnership Other Product Liability Non-Disclosure Habeas Corpus Child Protection is Other Contract: List Product: Seizure/Forfeiture Name Change Child Support Writ of Habeas Corpus— Protective Order Custody or Visitation av Other Injury or Damage: Pre-indictment Removal of Disabilities Gestational Parenting Nonsubscriber Negligence Other: of Minority Grandparent Access Other: Paternity/Parentage Tr Employment Other Civil Termination of Parental Discrimination Administrative Appeal Lawyer Discipline Rights Retaliation Antitrust/Unfair Perpetuate Testimony Other Parent-Child: y Termination Competition Securities/Stock op Workers’ Compensation Code Violations Tortious Interference Other Employment: Foreign Judgment Other: Intellectual Property c Tax Probate & Mental Health l Tax Appraisal Probate/Wills/Intestate Administration Guardianship—Adult ia Tax Delinquency Dependent Administration Guardianship—Minor Other Tax Independent Administration Mental Health fic Other Estate Proceedings Other: 3. Indicate procedure or remedy, if applicable (may select more than 1): of Appeal from Municipal or Justice Court Declaratory Judgment Prejudgment Remedy Arbitration-related Garnishment Protective Order Un Attachment Interpleader Receiver Bill of Review License Sequestration Certiorari Mandamus Temporary Restraining Order/Injunction Class Action Post-judgment Turnover 4. Indicate damages sought (do no select if it is a family law case): Less than $100,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorneys fees Less than $100,000 and non-monetary relief Over $100,000 but not more than $200,000 Over $200,000 but not more than $1,000,000 Over $1,000,000 Un of fic ia l c op y Tr av is Co . D is tri ct Cl er k Ve lv a L. Pr ic e Rev 2/13 SUPPLEMENTARY PROBATE CASE INFORMATION SHEET TRAVIS COUNTY PROBATE COURT NO. 1 CAUSE NO. C-1-PB-_______ - __________________ e This sheet is a supplement to the Civil Case Information Sheet required by Texas Rule of Civil Procedure 78a. ic Both the Civil Case Information Sheet and this supplementary sheet should be completed whenever an original petition or application is filed in this Court. Except for the case style, there’s no duplication between the Pr two sheets. If you are e-filing the original petition or application, an information sheet cannot be the lead document. The information should be the best available at the time of filing, understanding that the information may change before trial.This L. information does not constitute a discovery request, response, or supplementation, and is not admissible at trial. 1. Case style. Please indicate the correct case style. For example, “Estate of Decedent’s name,” “Guardianship of the Person and Estate of a Proposed Ward’s name,” or “Plaintiff(s) v. Defendant(s).” If “Plaintiff v. Defendant,” list all parties; attach additional page as necessary lv (an estate or guardianship cannot be a party; it’s the executor, administrator, or guardian who has the capacity to sue or be sued). Ve No 2. Related case(s). Has this Yes, in this court. Cause No. C-1-PB- case been previously filed, ( - new case is guardianship after 1102; will be same cause number) k or is it related to a case ( - new case is guardianship after chapter 48; new cause number & new style) er previously filed in this court Yes, in another court: or in another court? Court: Cause No. Cl Attach page(s) as needed.If you are attaching page(s) with information about additional related cases, check here: ct 3. Indicate case type (check only one case type, but see additional box if filing a guardianship application) Independent Administration All Other Estate Proceedings Ancillary Cases (new cause #) tri Probate Letters Testamentary Probate Muniment of Title(PMU + 3021) Ancillary action related to an Independent (independent) (PBL + 3020) Muniment of Title more than 4 years Administration (includes court-ordered is Letters w/ copy of will (PBL + 3130) after date of death (PMU + 3133) severance) (PIA + 3115) Ancillary actionrelated to a Dependent D Indep. Admin., Will Annexed (PAI + 3030) Muniment copy of will (PMU + 3132) Administration(includes court-ordered Indep. Admin. with Heirship (PAH + 3032) Heirship / No Administration (PHE + 3033) severance) (PDA + 3116) . Foreign Will Letters (indep’t) (PWL + 3102) Co Small Estate Affidavit (PSM + 3040) Ancillary action related to Guardianship of Dependent Administration Foreign Will Recording only (PWR + 3044) an Adult (includes court-ordered Dependent Administration (all dependent severance) (PAA + 3117) administrations: executor, will annexed, 252 WillDeposit orApplicationtoProduce Ancillary actionrelated to Guardianship of is with heirship, or with heirship to follow) Will(PWD + 3041) a Minor(includescourt-ordered av (PAD + 3031) 1355 Custodial Account (887 + 3014) severance) (PAM + 3118) Temporary Administration (PAT + 3019) Ancillary action that is in this court 1351 Sale of Property of Minor (PSP + 3035) because a trustee is a party (includes Tr Foreign Will Letters (dependent) PW1 + 3043) court-ordered severance)(PTP + 3119) Guardianship / 1301 Trust – Adult Guardianship / 1301 Trust – Minor Miscellaneous Estate Applications y 151 Application to Open Safety Deposit An attorney representing a guardianship applicant must be certified by the State Bar of op Box (PDB + 3103) Texas for having successfully completed a four-hour course of study in guardianship law. 152 Emergency Intervention (funeral, If this is a guardianship application, answer the following question and check the case c burial, rental) (PEI + 3104) type in the boxes below: 153 Application for Access to Intestate’s l Is the applicant’s attorney certified? Yes No Account Information(PIF + 3013) ia Guard’ship Adult Person only (PG1 + 3023) Guard’ship Minor Person only (PM1 + 3047) 1102 Investigations & Chapter 48 fic Court Initiated / 1102 (PCI + 3028) Guard’ship Adult Estate only (PG2 + 3024) Guard’s