Preview
Received and E-Filed for Record
7/21/2021 2:01 PM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Megan Shiflett
CAUSE NO. 21-07-09218
WHITE OAK RANCH § IN THE DISTRICT COURT OF
HOMEOWNERS ASSOCIATION, INC. §
Plaintiff, §
§
V. § MONTGOMERY COUNTY, TEXAS
§
VILLAS AT WHITE OAK RANCH §
COMMUNITY ASSOCIATION, INC. § 457th JUDICIAL DISTRICT
Defendant.
PLAINTIFF'S FIRST AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, WHITE OAK RANCH HOMEOWNERS ASSOCIATION,
hereinafter called “Plaintiff,” complaining of and about VILLAS AT WHITE OAK RANCH,
hereinafter called “Defendant,” and for such cause of action shows unto the Court the following:
I.
DISCOVERY CONTROL PLAN LEVEL
The Plaintiff pleads that discovery should be conducted in accordance with the discovery
control plan under TRCP Rule 190.3, Level 2.
II.
PARTIES AND SERVICE
Plaintiff is a non-profit corporation duly incorporated under the laws of the State of Texas,
having its principal office and place of business in Montgomery County, Texas.
Defendant VILLAS AT WHITE OAK RANCH COMMUNITY ASSOCIATION,
INC., a non-profit corporation, duly incorporated under the laws of the State of Texas, may be
served with process by and through its registered agent Adrian Jacob at the following address:
19059 Champions Forest Drive, Spring, Texas 77379, or anywhere the Defendant may be found.
Service of said Defendant can be effected by private process server or other qualified individual
including the Constable or Sheriff.
III.
JURISDICTION AND VENUE
The subject matter in controversy is within the jurisdictional limits of this Court. This
Court has personal jurisdiction herein because Defendant has had the minimum contacts needed
to satisfy the constitutional requirements.
Venue in the county where suit was filed is proper because this county is: (a) where the
real property in controversy is located; and/or (b) where all or a substantial part of the events or
omissions giving rise to this lawsuit occurred; and/or (c) the county of Defendant’s principal place
of business.
IV.
RELIEF SOUGHT
As per Tex. R. Civ. P. Rule 47, the damages sought are within the jurisdictional limits of
the Court. Plaintiff seeks monetary relief of $250,000 or less and non-monetary relief.
V.
FACTS AND CAUSES OF ACTION
BREACH OF CONTRACT
This action is brought by Plaintiff against Defendant for Breach of Contract resulting from
Defendant’s breach of the Cost Sharing Agreement dated June 12, 2018 between White Oak Ranch
Homeowners Association, Inc. and the Villas at White Oak Ranch Community Association, Inc.
A copy of the Cost Sharing Agreement is attached as Exhibit A.
Under the terms and conditions of the Cost Sharing Agreement, Defendant is obligated to
remit payment to Plaintiff which represents the percentage share of the operational and repair costs
for the White Oak Ranch Homeowners Association, Inc.’s Common Areas, of which Defendant
and Defendant’s Members enjoy use and access rights.
Damages
The Defendants are obligated to pay Plaintiff. Although often requested to do so, the
Defendant has failed and refused, and still fail and refuse, to pay the sums owed under the terms
of the Cost Sharing Agreement. As of the date of this petition, Plaintiff is owed a total of $21,151.8
as reflected in the past-due invoices attached as Exhibit B. Plaintiff seeks specific performance of
the Cost Sharing Agreement and a judgment for the entire past-due amount.
Future Delinquency
Plaintiff further alleges the obligations under the Cost Sharing Agreement are ongoing,
and that before a judgment may be rendered, other fees under the terms of the Cost Sharing
Agreement may become due and payable, for which Plaintiff seeks a judgment of those additional
sums as well.
VI.
CONDITIONS PRECEDENT
Plaintiff avers that all conditions precedent has occurred for recovery and that all
necessary notice requirements have been satisfied.
VII.
ATTORNEYS’ FEES
Plaintiff has made written demand upon Defendant for payment of said delinquent aounts
more than thirty (30) days prior to the filing of this Petition. Plaintiff would show this Court that the
recovery of attorneys’ fees is authorized, made and provided, under and according to the provisions
of Section 38.001, Texas Civil Practice and Remedies Code.
The Plaintiff would show that it was necessary to obtain the services of the undersigned
attorneys to represent it in this cause of action; that it has agreed to pay said attorneys a reasonable
fee for attorney services, that said attorneys’ usual and customary fee for representation of clients is
for time spent in consultation, preparation for pre-trial and trial itself. Such charges for such services
are necessary, reasonable and customary in the county of suit for attorneys’ services. Therefore,
Plaintiff should be awarded attorneys’ fees and expenses in an amount consistent with time expended
to be proven with and exactness at the time of trial, including an amount sufficient for any possible
post judgment actions, appeals of this Court's decision and/or any possible foreclosure of Plaintiff’s
lien.
VIII.
REQUIRED DISCLOSURES
Pursuant to Rule 194.1 of the Texas Rules of Civil Procedure, Defendants are required to
disclose, within thirty (30) days of filing an Answer to this suit, the information or material
described in Rule 194.2. Attached hereto and incorporated as Exhibit “C”.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the
Defendants be cited to appear and answer herein, and that upon a final hearing of the cause,
judgment be entered for the Plaintiff against Defendants for:
1. Damages which are within the jurisdictional limits of the Court;
2. Pre-judgment interest;
3. Reasonable attorneys’ fees and expenses for pre-trial, trial, post judgment actions,
foreclosure and appeal;
4. Post judgment interest;
5. Court costs;
6. Such other and further relief to which Plaintiff may be justly entitled.
Respectfully submitted,
DAUGHTRY & FARINE, P.C.
By:
Christopher J. Archambault
SBN: 24082634
Weston P. Ray
SBN: 24098307
17044 El Camino Real
Houston, Texas 77058
Telephone: (281) 480-6888
Fax: (281) 218-9151
E-mail: archambault.filing@daughtryfarine.com
ATTORNEYS FOR PLAINTIFF
EXHIBIT A
Cost Sharing Agreement
EXHIBIT B
Past Due Invoices
EXHIBIT C
Required Disclosures
CAUSE NO. 21-07-09218
WHITE OAK RANCH § IN THE DISTRICT COURT OF
HOMEOWNERS ASSOCIATION, INC. §
Plaintiff, §
§
V. § MONTGOMERY COUNTY, TEXAS
§
VILLAS AT WHITE OAK RANCH §
COMMUNITY ASSOCIATION, INC. § 457th JUDICIAL DISTRICT
Defendant.
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES
TO: White Oak Ranch Homeowners Association, Inc., Plaintiff by and through their attorney,
Christopher J. Archambault at 17044 El Camino Real, Houston, Texas 77058.
1. R.194.2(b)(1): the correct names of the parties to the lawsuit.
RESPONSE:
2. R.194.2(b)(2): the name, address, and telephone number of any potential parties.
RESPONSE:
3. R.194.2(b)(3): the legal theories and, in general, the factual basis of all of your claims or
defenses.
RESPONSE:
4. R.194.2(b)(4): the computation of each category of damages claimed by the responding
party – who must also make available for inspection and copying the documents or other
evidentiary material, unless privileged or protected from disclosure, on which each
computation is based, including materials bearing on the nature and extent of injuries
suffered.
RESPONSE:
5. R.194.2(b)(5): the name, address, and telephone number of persons having knowledge of
relevant facts, and a brief statement of each identified person’s connection with the case.
RESPONSE:
6. R194.2(b)(6): a copy – or description by category location – of all documents,
electronically stored information, and tangible things that the responding party has in its
possession, custody, or control, and may use to support its claims or defenses, unless the
use would be solely for impeachment.
RESPONSE:
7. R.194.2(b)(7): Produce any indemnity and insuring agreements as described in
Rule 192.3(f).
RESPONSE:
8. R.194.2(b)(8): Produce any settlement agreements as described in Rule 192.3(g).
RESPONSE:
9. R.194.2(b)(9): Produce any witness statements as described in Rule 192.3(h).
RESPONSE:
10. R.194.2(b)(10): in a suit alleging physical or mental injury and damages from the
occurrence that is the subject of the case, all medical records, and bills that are reasonably
related to the injuries or damages asserted or, in lieu thereof, an authorization permitting
the disclosure of such medical records and bills.
RESPONSE:
11. R.194.2(b)(11): in a suit alleging physical or mental injury and damages from the
occurrence that is the subject of the case, all medical records and bills obtained by the
responding party by virtue of an authorization furnished by the requesting party.
RESPONSE:
12. R.194.2(b)(12): Produce the name, address, and telephone number of any person who may
be designated as a responsible third party.
RESPONSE:
Respectfully submitted,
VILLAS AT WHITE OAK RANCH COMMUNITY
ASSOCIATION, INC.
By:
Adrian Jacob
12675 Longmire Way
Conroe, Texas 77304
Registered Agent/Defendant
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and correct copy of the foregoing
Plaintiff’s Responses to Defendant’s Request for Disclosures have been forwarded to individuals
listed below by the method indicated below on this the ____ of ___________________, 2021.
Via E-service at archambault.filing@daughtryfarine.com
Christopher J. Archambault
State Bar Number: 24028634
17044 El Camino Real
Houston, Texas 77058
ATTORNEYS FOR PLAINTIFF
Adrian Jacob
Preview
Received and E-Filed for Record 7/21/2021 2:01 PM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Megan Shiflett CAUSE NO. 21-07-09218 WHITE OAK RANCH § IN THE DISTRICT COURT OF HOMEOWNERS ASSOCIATION, INC. § Plaintiff, § § V. § MONTGOMERY COUNTY, TEXAS § VILLAS AT WHITE OAK RANCH § COMMUNITY ASSOCIATION, INC. § 457th JUDICIAL DISTRICT Defendant. PLAINTIFF'S FIRST AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, WHITE OAK RANCH HOMEOWNERS ASSOCIATION, hereinafter called “Plaintiff,” complaining of and about VILLAS AT WHITE OAK RANCH, hereinafter called “Defendant,” and for such cause of action shows unto the Court the following: I. DISCOVERY CONTROL PLAN LEVEL The Plaintiff pleads that discovery should be conducted in accordance with the discovery control plan under TRCP Rule 190.3, Level 2. II. PARTIES AND SERVICE Plaintiff is a non-profit corporation duly incorporated under the laws of the State of Texas, having its principal office and place of business in Montgomery County, Texas. Defendant VILLAS AT WHITE OAK RANCH COMMUNITY ASSOCIATION, INC., a non-profit corporation, duly incorporated under the laws of the State of Texas, may be served with process by and through its registered agent Adrian Jacob at the following address: 19059 Champions Forest Drive, Spring, Texas 77379, or anywhere the Defendant may be found. Service of said Defendant can be effected by private process server or other qualified individual including the Constable or Sheriff. III. JURISDICTION AND VENUE The subject matter in controversy is within the jurisdictional limits of this Court. This Court has personal jurisdiction herein because Defendant has had the minimum contacts needed to satisfy the constitutional requirements. Venue in the county where suit was filed is proper because this county is: (a) where the real property in controversy is located; and/or (b) where all or a substantial part of the events or omissions giving rise to this lawsuit occurred; and/or (c) the county of Defendant’s principal place of business. IV. RELIEF SOUGHT As per Tex. R. Civ. P. Rule 47, the damages sought are within the jurisdictional limits of the Court. Plaintiff seeks monetary relief of $250,000 or less and non-monetary relief. V. FACTS AND CAUSES OF ACTION BREACH OF CONTRACT This action is brought by Plaintiff against Defendant for Breach of Contract resulting from Defendant’s breach of the Cost Sharing Agreement dated June 12, 2018 between White Oak Ranch Homeowners Association, Inc. and the Villas at White Oak Ranch Community Association, Inc. A copy of the Cost Sharing Agreement is attached as Exhibit A. Under the terms and conditions of the Cost Sharing Agreement, Defendant is obligated to remit payment to Plaintiff which represents the percentage share of the operational and repair costs for the White Oak Ranch Homeowners Association, Inc.’s Common Areas, of which Defendant and Defendant’s Members enjoy use and access rights. Damages The Defendants are obligated to pay Plaintiff. Although often requested to do so, the Defendant has failed and refused, and still fail and refuse, to pay the sums owed under the terms of the Cost Sharing Agreement. As of the date of this petition, Plaintiff is owed a total of $21,151.8 as reflected in the past-due invoices attached as Exhibit B. Plaintiff seeks specific performance of the Cost Sharing Agreement and a judgment for the entire past-due amount. Future Delinquency Plaintiff further alleges the obligations under the Cost Sharing Agreement are ongoing, and that before a judgment may be rendered, other fees under the terms of the Cost Sharing Agreement may become due and payable, for which Plaintiff seeks a judgment of those additional sums as well. VI. CONDITIONS PRECEDENT Plaintiff avers that all conditions precedent has occurred for recovery and that all necessary notice requirements have been satisfied. VII. ATTORNEYS’ FEES Plaintiff has made written demand upon Defendant for payment of said delinquent aounts more than thirty (30) days prior to the filing of this Petition. Plaintiff would show this Court that the recovery of attorneys’ fees is authorized, made and provided, under and according to the provisions of Section 38.001, Texas Civil Practice and Remedies Code. The Plaintiff would show that it was necessary to obtain the services of the undersigned attorneys to represent it in this cause of action; that it has agreed to pay said attorneys a reasonable fee for attorney services, that said attorneys’ usual and customary fee for representation of clients is for time spent in consultation, preparation for pre-trial and trial itself. Such charges for such services are necessary, reasonable and customary in the county of suit for attorneys’ services. Therefore, Plaintiff should be awarded attorneys’ fees and expenses in an amount consistent with time expended to be proven with and exactness at the time of trial, including an amount sufficient for any possible post judgment actions, appeals of this Court's decision and/or any possible foreclosure of Plaintiff’s lien. VIII. REQUIRED DISCLOSURES Pursuant to Rule 194.1 of the Texas Rules of Civil Procedure, Defendants are required to disclose, within thirty (30) days of filing an Answer to this suit, the information or material described in Rule 194.2. Attached hereto and incorporated as Exhibit “C”. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants for: 1. Damages which are within the jurisdictional limits of the Court; 2. Pre-judgment interest; 3. Reasonable attorneys’ fees and expenses for pre-trial, trial, post judgment actions, foreclosure and appeal; 4. Post judgment interest; 5. Court costs; 6. Such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, DAUGHTRY & FARINE, P.C. By: Christopher J. Archambault SBN: 24082634 Weston P. Ray SBN: 24098307 17044 El Camino Real Houston, Texas 77058 Telephone: (281) 480-6888 Fax: (281) 218-9151 E-mail: archambault.filing@daughtryfarine.com ATTORNEYS FOR PLAINTIFF EXHIBIT A Cost Sharing Agreement EXHIBIT B Past Due Invoices EXHIBIT C Required Disclosures CAUSE NO. 21-07-09218 WHITE OAK RANCH § IN THE DISTRICT COURT OF HOMEOWNERS ASSOCIATION, INC. § Plaintiff, § § V. § MONTGOMERY COUNTY, TEXAS § VILLAS AT WHITE OAK RANCH § COMMUNITY ASSOCIATION, INC. § 457th JUDICIAL DISTRICT Defendant. DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES TO: White Oak Ranch Homeowners Association, Inc., Plaintiff by and through their attorney, Christopher J. Archambault at 17044 El Camino Real, Houston, Texas 77058. 1. R.194.2(b)(1): the correct names of the parties to the lawsuit. RESPONSE: 2. R.194.2(b)(2): the name, address, and telephone number of any potential parties. RESPONSE: 3. R.194.2(b)(3): the legal theories and, in general, the factual basis of all of your claims or defenses. RESPONSE: 4. R.194.2(b)(4): the computation of each category of damages claimed by the responding party – who must also make available for inspection and copying the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered. RESPONSE: 5. R.194.2(b)(5): the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case. RESPONSE: 6. R194.2(b)(6): a copy – or description by category location – of all documents, electronically stored information, and tangible things that the responding party has in its possession, custody, or control, and may use to support its claims or defenses, unless the use would be solely for impeachment. RESPONSE: 7. R.194.2(b)(7): Produce any indemnity and insuring agreements as described in Rule 192.3(f). RESPONSE: 8. R.194.2(b)(8): Produce any settlement agreements as described in Rule 192.3(g). RESPONSE: 9. R.194.2(b)(9): Produce any witness statements as described in Rule 192.3(h). RESPONSE: 10. R.194.2(b)(10): in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records, and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. RESPONSE: 11. R.194.2(b)(11): in a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. RESPONSE: 12. R.194.2(b)(12): Produce the name, address, and telephone number of any person who may be designated as a responsible third party. RESPONSE: Respectfully submitted, VILLAS AT WHITE OAK RANCH COMMUNITY ASSOCIATION, INC. By: Adrian Jacob 12675 Longmire Way Conroe, Texas 77304 Registered Agent/Defendant CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a true and correct copy of the foregoing Plaintiff’s Responses to Defendant’s Request for Disclosures have been forwarded to individuals listed below by the method indicated below on this the ____ of ___________________, 2021. Via E-service at archambault.filing@daughtryfarine.com Christopher J. Archambault State Bar Number: 24028634 17044 El Camino Real Houston, Texas 77058 ATTORNEYS FOR PLAINTIFF Adrian Jacob