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FILED
DALLAS COUNTY
1 CIT/ ESERVE 12/18/2018 4:57 PM
FELICIA PITRE
DISTRICT CLERK
Nikiya Harris
CAUSE No, DC-18-18847
EDUARDO DEL BOSQUE IN THE DISTRICT COURT
Plaintiff,
K-192ND JUDICIAL DISTRICT
JUAN BARBOSA
Defendant. DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
Plaintiff Eduardo DelBosque files this Original Petition against Defendant Juan Barbosa
as follows:
DISCOVERY CONTROL PLAN
1 Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil
Procedure 190.3 and affirmatively pleads that this suit is not governed by the expedited actions
process in Texas Rule of Civil Procedure 169 because Plaintiff seeks monetary relief over
$100,000.
CLAIM FOR RELIEF
Plaintiff seeks monetary relief over $1,000,000.
PARTIES
3 Plaintiff Eduardo DelBosque is an individual residing in Ellis County, Texas.
4 Defendant Juan Barbosa is a Texas citizen and can be served through counsel,
Jordan Whiddon of the Talim Song Law Firm, 8111 LBJ Freeway, Suite 480 Dallas, Texas
75251.
PLAINTIFF’S ORIGINAL PETITION PAGE 1
FACTS
5 This case involves two disputes involving two separate properties. The first
dispute is about the terms of a partnership, the purpose of which is to own and operate an El
Pollo Regio restaurant located at 517 N. Hampton Rd., DeSoto, Texas (“EPR DeSoto”). The
second dispute is about the ownership of a property in Waxahachie, Texas.
6. The first dispute is simple. Barbosa invited DelBosque to enter into a partnership
to own and operate the EPR DeSoto. DelBosque, a contractor by trade, paid over $400,000 for
materials and supervised the construction of EPR DeSoto. Barbosa acquired paid the down
payment for the site and acquired the franchise license. DelBosque and Barbosa share the
operation costs of EPR DeSoto.
7 DelBosque understood that the partnership would reimburse him for the
construction investment first, and that the partnership would split all profits 50-50 after that.
Barbosa, however, asserts that DelBosque’s $400,000 investment bought him nothing more than
50% of the partnership.
8 The second dispute is similarly simple. Barbosa invited DelBosque to enter into a
second partnership to own and operate another El Pollo Regio restaurant in Waxahachie, Texas.
At Barbosa’s request, DelBosque gave Barbosa $50,000 for a franchise license and other
operation expenses. Soon thereafter, however, Barbosa was incarcerated on serious criminal
offenses. DelBosque continued to pay the mortgage on the Waxahachie property after Barbosa’s
incarceration.
9 When Barbosa took DelBosque’s $50,000, he represented that he would add
DelBosque to the property documents to reflect DelBosque’s ownership — just like had been
done in the EPR DeSoto location. But Barbosa not only did not add DelBosque to the property,
but also he absconded with the $50,000.
PLAINTIFF’S ORIGINAL PETITION PAGE 2
CLAIMS FOR RELIEF
A. Count 1 — Breach of the EPR DeSoto Contract.
10. Plaintiff incorporates the allegations in the foregoing paragraphs.
11. A valid contract exists between DelBosque and Barbosa whereby Barbosa
promised to repay DelBosque’s construction investment back first, and thereafter share profits of
the EPR DeSoto 50-50.
12. Barbosa now asserts that he does not intend to honor that agreement. That
assertion constitutes a breach of the contract and a repudiation of his contractual obligations.
13. As a result, DelBosque has and will continue to suffer damages in the amount of
his construction investment.
14. DelBosque seeks his actual damages, costs, and reasonable and necessary
attorneys’ fees pursuant to Texas Civil Practice and Remedies Code § 38.001.
B Count 2 - Breach of the Waxahachie Contract.
15. Plaintiff incorporates the allegations in the foregoing paragraphs.
16. A valid contract exists between DelBosque and Barbosa whereby Barbosa
promised to add DelBosque to the title to the Waxahachie property.
17. Barbosa’s refusal to add DelBosque to the Waxachie property’s title constitutes a
breach of that contract.
18. As a result, DelBosque not only has been damages in the amount of his
investment, but also has been deprived of the increase in value in real estate for the Waxahachie
property.
19. DelBosque seeks his actual damages, costs, and reasonable and necessary
attorneys’ fees pursuant to Texas Civil Practice and Remedies Code § 38.001.
Cc. Count 3 — Fraud and Fraudulent Inducement.
PLAINTIFF’S ORIGINAL PETITION PAGE 3
20. Plaintiff incorporates the allegations in the foregoing paragraphs.
21. Barbosa induced DelBosque to invest $50,000 in the Waxahachie property,
promising to add him to the title of the property. Barbosa, however, has never done so. Indeed,
Barbosa now claims that he never intended to add DelBosque to the title of the property.
22. DelBosque relied on Barbosa’s representations to make his $50,000 investment,
without which, he never would have done so.
23. Because of Barbosa’s misrepresentations on which DelBosque relied, DelBosque
has lost his $50,000 investment.
24. DelBosque seeks his actual and consequential damages, costs, exemplary
damages.
D. Count 4 — Quantum Meruit
25. Plaintiff incorporates the allegations in the foregoing paragraphs.
26. In the event that the Court or a jury determines as a matter of law or fact that no
contract exists for the EPR DeSoto partnership or the Waxahachie partnership, or both,
DelBosque seeks compensation from Barbosa for the benefits Barbosa received by DelBosque’s
various investments.
CONDITIONS PRECEDENT
27. All conditions precedent to DelBosque’s claims for relief have been performed or
have occurred.
REQUEST FOR DISCLOSURE
28. DelBosque requests that Defendant disclose, within 50 days of the service of this
request, the information or material described in Texas Rule of Civil Procedure 194.2.
JURY DEMAND
29. DelBosque demands a jury trial and tenders the appropriate fee with this petition.
PLAINTIFF’S ORIGINAL PETITION PAGE 4
PRAYER
30. For the foregoing reasons, DelBosque asks that the Court issue citation for
Barbosa to appear and answer, and that DelBosque be awarded judgment against Barbosa for
actual damages, prejudgment and post-judgment interest, court costs, attorneys’ fees, and all
other relief to which Plaintiff is entitled.
DATED: December 18, 2018 Respectfully submitted,
/s/ GregoryA. Brassfield
Gregory A. Brassfield
Texas Bar No. 24079900
gbrassfield@lynnllp.com
Lynn Pinker Cox & Hurst, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Telephone: (214) 981-3800
Facsimile: (214) 981-3839
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION PAGE5
Preview
FILED DALLAS COUNTY 1 CIT/ ESERVE 12/18/2018 4:57 PM FELICIA PITRE DISTRICT CLERK Nikiya Harris CAUSE No, DC-18-18847 EDUARDO DEL BOSQUE IN THE DISTRICT COURT Plaintiff, K-192ND JUDICIAL DISTRICT JUAN BARBOSA Defendant. DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION Plaintiff Eduardo DelBosque files this Original Petition against Defendant Juan Barbosa as follows: DISCOVERY CONTROL PLAN 1 Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.3 and affirmatively pleads that this suit is not governed by the expedited actions process in Texas Rule of Civil Procedure 169 because Plaintiff seeks monetary relief over $100,000. CLAIM FOR RELIEF Plaintiff seeks monetary relief over $1,000,000. PARTIES 3 Plaintiff Eduardo DelBosque is an individual residing in Ellis County, Texas. 4 Defendant Juan Barbosa is a Texas citizen and can be served through counsel, Jordan Whiddon of the Talim Song Law Firm, 8111 LBJ Freeway, Suite 480 Dallas, Texas 75251. PLAINTIFF’S ORIGINAL PETITION PAGE 1 FACTS 5 This case involves two disputes involving two separate properties. The first dispute is about the terms of a partnership, the purpose of which is to own and operate an El Pollo Regio restaurant located at 517 N. Hampton Rd., DeSoto, Texas (“EPR DeSoto”). The second dispute is about the ownership of a property in Waxahachie, Texas. 6. The first dispute is simple. Barbosa invited DelBosque to enter into a partnership to own and operate the EPR DeSoto. DelBosque, a contractor by trade, paid over $400,000 for materials and supervised the construction of EPR DeSoto. Barbosa acquired paid the down payment for the site and acquired the franchise license. DelBosque and Barbosa share the operation costs of EPR DeSoto. 7 DelBosque understood that the partnership would reimburse him for the construction investment first, and that the partnership would split all profits 50-50 after that. Barbosa, however, asserts that DelBosque’s $400,000 investment bought him nothing more than 50% of the partnership. 8 The second dispute is similarly simple. Barbosa invited DelBosque to enter into a second partnership to own and operate another El Pollo Regio restaurant in Waxahachie, Texas. At Barbosa’s request, DelBosque gave Barbosa $50,000 for a franchise license and other operation expenses. Soon thereafter, however, Barbosa was incarcerated on serious criminal offenses. DelBosque continued to pay the mortgage on the Waxahachie property after Barbosa’s incarceration. 9 When Barbosa took DelBosque’s $50,000, he represented that he would add DelBosque to the property documents to reflect DelBosque’s ownership — just like had been done in the EPR DeSoto location. But Barbosa not only did not add DelBosque to the property, but also he absconded with the $50,000. PLAINTIFF’S ORIGINAL PETITION PAGE 2 CLAIMS FOR RELIEF A. Count 1 — Breach of the EPR DeSoto Contract. 10. Plaintiff incorporates the allegations in the foregoing paragraphs. 11. A valid contract exists between DelBosque and Barbosa whereby Barbosa promised to repay DelBosque’s construction investment back first, and thereafter share profits of the EPR DeSoto 50-50. 12. Barbosa now asserts that he does not intend to honor that agreement. That assertion constitutes a breach of the contract and a repudiation of his contractual obligations. 13. As a result, DelBosque has and will continue to suffer damages in the amount of his construction investment. 14. DelBosque seeks his actual damages, costs, and reasonable and necessary attorneys’ fees pursuant to Texas Civil Practice and Remedies Code § 38.001. B Count 2 - Breach of the Waxahachie Contract. 15. Plaintiff incorporates the allegations in the foregoing paragraphs. 16. A valid contract exists between DelBosque and Barbosa whereby Barbosa promised to add DelBosque to the title to the Waxahachie property. 17. Barbosa’s refusal to add DelBosque to the Waxachie property’s title constitutes a breach of that contract. 18. As a result, DelBosque not only has been damages in the amount of his investment, but also has been deprived of the increase in value in real estate for the Waxahachie property. 19. DelBosque seeks his actual damages, costs, and reasonable and necessary attorneys’ fees pursuant to Texas Civil Practice and Remedies Code § 38.001. Cc. Count 3 — Fraud and Fraudulent Inducement. PLAINTIFF’S ORIGINAL PETITION PAGE 3 20. Plaintiff incorporates the allegations in the foregoing paragraphs. 21. Barbosa induced DelBosque to invest $50,000 in the Waxahachie property, promising to add him to the title of the property. Barbosa, however, has never done so. Indeed, Barbosa now claims that he never intended to add DelBosque to the title of the property. 22. DelBosque relied on Barbosa’s representations to make his $50,000 investment, without which, he never would have done so. 23. Because of Barbosa’s misrepresentations on which DelBosque relied, DelBosque has lost his $50,000 investment. 24. DelBosque seeks his actual and consequential damages, costs, exemplary damages. D. Count 4 — Quantum Meruit 25. Plaintiff incorporates the allegations in the foregoing paragraphs. 26. In the event that the Court or a jury determines as a matter of law or fact that no contract exists for the EPR DeSoto partnership or the Waxahachie partnership, or both, DelBosque seeks compensation from Barbosa for the benefits Barbosa received by DelBosque’s various investments. CONDITIONS PRECEDENT 27. All conditions precedent to DelBosque’s claims for relief have been performed or have occurred. REQUEST FOR DISCLOSURE 28. DelBosque requests that Defendant disclose, within 50 days of the service of this request, the information or material described in Texas Rule of Civil Procedure 194.2. JURY DEMAND 29. DelBosque demands a jury trial and tenders the appropriate fee with this petition. PLAINTIFF’S ORIGINAL PETITION PAGE 4 PRAYER 30. For the foregoing reasons, DelBosque asks that the Court issue citation for Barbosa to appear and answer, and that DelBosque be awarded judgment against Barbosa for actual damages, prejudgment and post-judgment interest, court costs, attorneys’ fees, and all other relief to which Plaintiff is entitled. DATED: December 18, 2018 Respectfully submitted, /s/ GregoryA. Brassfield Gregory A. Brassfield Texas Bar No. 24079900 gbrassfield@lynnllp.com Lynn Pinker Cox & Hurst, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 Telephone: (214) 981-3800 Facsimile: (214) 981-3839 ATTORNEYS FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION PAGE5