Preview
Received and E-Filed for Record
12/27/2018 9:48 AM
Barbara Gladden Adamick
District Clerk
Montgomery County, Texas
18-12-16948
Cause No. ___________
Terra Vinet § In the District Court of
§ Montgomery County - 284th Judicial District Court
vs. § Montgomery County, Texas
§
Louise Margaret McKenzie and §
Colin Donald McKenzie § ___ Judicial District
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS
Terra Vinet (“Tenant” or “Ms. Vinet” or “Plaintiff”) files this suit
complaining of Louise Margaret McKenzie and Colin Donald McKenzie
(sometimes collectively referred to as “Defendants” and/or “Landlords”), and for
cause of action would show as follows:
DISCOVERY-CONTROL PLAN AND RELIEF
1. Discovery is to be conducted under Level 2. Plaintiff, at this time, seeks
monetary relief of more than $200,000.
PARTIES
2. Plaintiff Terra Vinet is a resident of Montgomery County, Texas.
3. Defendant Louise Margaret McKenzie is a resident of Montgomery
County, Texas, who is believed to currently be living outside of the United States,
but who may be served through her local agent regarding the property at issue,
Anita Guerra, Monark Realty, 450 Wilchester Boulevard, Houston, Harris County,
Texas 77079, or wherever she may be found. The last three digits of her Texas
driver’s license are 097.
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 1
3a. Defendant Colin Donald McKenzie is a resident of Montgomery
County, Texas, who is believed to currently be living outside of the United States,
but who may be served through his local agent regarding the property at issue,
Anita Guerra, Monark Realty, 450 Wilchester Boulevard, Houston, Harris County,
Texas 77079, or wherever she may be found. The last three digits of his Texas
driver’s license are 099.
JURISDICTION AND VENUE
4. This Court has jurisdiction over the subject matter and the parties. Venue
is proper in Montgomery County because the events giving rise to this suit
occurred in Montgomery County, the agreement at issue was entered into in
Montgomery County, and the payments required to be made on the agreement are
payable in Montgomery County.
FACTS AND CAUSES OF ACTION
5. On or about September 22, 2018, Plaintiff Terra Vinet entered into a
Residential Lease (the “Lease”) by and between Colin McKenzie and Louise
McKenzie (the “Landlord”) and Plaintiff Terra Vinet (the “Tenant”), for the
property located at 47 N. Regent Oak, Spring, Texas 77381 (the “Property”). The
lease was to commence on October 1, 2018, and expire on September 30, 2019.
Ms. Vinet’s monthly rent was $7,500 a month with a $7,500 security deposit.
Since the Landlords live overseas and are usually out of the country, they had a
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 2
property manager, Anita Guerra from Monark Realty, handle all transactions and
issues regarding the Property. Ms. Vinet and her two minor daughters were
moving into the house due to commitments that made it necessary for Ms. Vinet
and her daughters to travel to The Woodlands on a regular basis and the driving
back and forth had been taking up too much time.
6. Prior to moving in the Property, Ms. Vinet met the property manager to
make sure everything was working properly in the house. They did a fifteen
minute walk through and there were some issues that were discussed that Ms.
Vinet was told would be addressed and fixed but no Inventory and Condition form
was provided to Ms. Vinet.
7. On October 8, 2018, Ms. Vinet advised the Property Manager that she
believed there was mold in the house. Upon learning of the possibility of mold,
Defendants/Landlords arranged for further investigation to determine if there was
actual mold and to determine its cause.
8. While waiting for the written mold report, Ms. Vinet was advised on
October 12, 2018, by the Owners’ Agent and the mold investigator retained by the
Owners that she and her family should vacate the Property if they felt
uncomfortable, while the report was pending. Ms. Vinet elected not to vacate the
Property and chose to stay in the portions of the Property that Tenant believed did
not contain the mold.
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 3
9. On or about October 15, 2018, the mold testing results were received and
revealed significant and dangerous mold levels throughout the portions of the
house tested. For reasons not clear to Mrs. Vinet, the entire house was not tested.
10. On October 18, 2018, the Owners’ Agent informed Ms. Vinet that
everyone (the Owners’ Agent, the Owners’ hired remediation firm, and the
Landlords) recommended that she and her daughters should move out of the
Property as they work on a resolution to finding the source and remediating the
home because it was not safe to stay in the home.
11. On October 23, 2018, Defendant/Landlord Louise McKenzie flew to
Houston to personally meet with Ms. Vinet and a representative of Blackmon
Mooring, the Owners’ Remediation Agent, to develop a remediation plan to
address the situation. At that time Louise McKenzie returned Ms. Vinet’s October
rent of $7,500, and told Ms. Vinet to “keep up with additional expenses for
discussion”. Mrs. McKenzie also agreed to pay for the first week in the hotel and
expenses which had not been reimbursed to Tenant which would have begun on
October 18 and gone through October 25. Mrs. McKenzie’s email states to book
the room through the time that Ms. Vinet’s son is in town which was October 25
for fall break and Mrs. McKenzie also agreed to pay for a second hotel room while
Mrs. Vinet’s son was visiting. Ms. McKenzie also agreed to pay all utilities for
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 4
the Property for the months of October and November, the expected during of the
remediation work.
12. Mrs. Vinet was at first told that part of the house could be sealed off and
they could remain in the den, kitchen and downstairs bedroom. However, if the
Owners and the Owners’ Remediation Agent had to do perform the remediation
work while the family attempted to live in the house, it would take about four
times longer. Ms. Vinet was anxious that they would have the house back before
the Christmas holidays. Mrs. Vinet was assured she would be able to return to the
Property by December 1, barring no surprises, as long as Ms. Vinet and her
daughters completely moved out. To expedite the Owners’ remediation of the
house and all of the property inside the house, the Vinets moved out as requested.
13. Mrs. Vinet was instructed to only take with them what was considered
“emergency clothing”, which was two weeks’ worth or less. Defendants agreed to
have the emergency clothing that was selected remediated and delivered to Mrs.
Vinet at the hotel where they had been directed to stay during the remediation
process.
14. Mrs. Vinet and her family did exactly what was asked of them so that
the remediation could be performed as efficiently and expeditiously as possible.
However, by moving out of the house, instead of paying $7500 a month and
having a spacious 7,500 square foot home to enjoy complete with all of the
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 5
furnishings and household items that are part of your home, including the kitchen
and dining rooms for preparing and enjoying meals, the Vinets were instead living
cramped in a hotel room, eating all meals out, and living without virtually all of
their personal property.
15. Here, because the Vinets moved to a hotel as directed, they were forced
to incur significant expenses for hotel rooms and meals along with purchasing
everyday personal items and effects that were contaminated and left at the house.
16. The Owners’ Agent specifically represented to Mrs. Vinet that Landlord
wanted to make sure Ms. Vinet knew that Landlords would take care of any and all
of their needs in respect to the living and out of pocket expenses incurred while
they were displaced. The Owners’ Agent said that she had spoken with Defendant
Colin McKenzie and he wanted the Owners’ Agent to reiterate that Owners would
be taking care of all of the hotel costs, any costs related to relocation while
remediation was taking place, meals, and other expenses. The Owners’ Agent also
said that Defendants had ordered a full house remediation and that all of Ms.
Vinet’s personal belongings would be remediated by Owners’ Remediation Agent,
which was understood to be Blackmon Mooring, at no expense or cost to the
Vinets. Mrs. Vinet was cautious and regularly checked with Owners’ Agent before
incurring various expenses and she was emphatically told by Owners’ Agent that
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 6
Landlords did not want the Vinets to be out any money due to the mold and
remediation issues.
17. Because the Vinets were asked to leave all of their property at the house
and to stay at a hotel while the house and their personal property was being
remediated, they did. Only after the Vinets had moved from the house did they
discovery that approximately 4,000 items of their personal property had been
removed from the house by Owners and Owners’ Remediation Agent to a different
location to be remediated. Now, the Owners will not return Plaintiff’s property
and Plaintiff refuses to remediate the property.
18. As of the filing of this suit, Owners and/or Owners’ Remediation Agent
remain in possession of the Vinet’s approximately 4,000 items of personal property
which, to the knowledge of the Vinets, have not been remediated. Owners refuse
to return the personal property in a remediated condition as had been promised and
agreed by Owners. The Owners/Defendants have breached their agreement with
Mrs. Vinet and actual damages and consequential damages have been incurred in
addition to attorney’s fees.
19. Notice has been given to Defendants seeking to have Defendants abide
their agreements to pay the expenses incurred at the direction of Owners, but to
date those expenses remain unpaid. And, Owners continue to refuse to return the
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 7
personal property Owners took from the house in a remediated condition as
promised and agreed, despite demand.
20. On November 28, 2018, Terra Vinet and her daughters moved back into
the Property after having been told the remediation of the mold in the house had
been completed.
21. Plaintiff has a right to immediate possession, in an uncontaminated,
fully remediated condition, of the following personal property: furnishings,
clothing, bedding, jewelry, purses and accessories, make up, and additional
miscellaneous items totaling approximately 4,000 items inventoried by the Owners
Remediation Agent.
22. Defendants wrongfully acquired and exercised dominion and control
over Plaintiff’s personal property by directing the Owners’ Remediation Agent to
take possession Plaintiff’s personal property and removing it from the house, by
first agreeing to pay for the remediation of Plaintiff’s personal property and
directing the Owners’ Remediation Agent to remove the personal property from
the house, only to now refuse to pay for the remediation and causing the Owners’
Remediation Agent to retain possession of Mrs. Vinet’s mold contaminated
personal property. The Vinets have now been without the use or benefit of their
personal effects and property for months and are living in the Owners’ rent house
without having substantially all of their personal property.
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 8
23. Defendants’ wrongful acts proximately caused injury to Plaintiff, which
resulted in the following damages: conversion of the personal property and loss of
use of the personal property. Further, Defendants have breached their agreement
to pay and reimburse the expenses incurred by Plaintiff after moving from the
Property at the request of Defendants during the remediation process which has
resulted in damages consisting of the out of pocket costs and expenses of hotel
lodging, meals, replacement personal items and effects, and related expenses in
addition to attorney’s fees.
24. Defendants/Landlords have breached their agreements with Plaintiff and
Plaintiff seeks all recoverable damages, attorney’s fees, and costs. Defendants/
Landlords have converted Plaintiff’s personal property and Plaintiff seeks all
recoverable damages, attorney’s fees and costs.
CONDITIONS PRECEDENT
25. All required and necessary notices have been given Defendants. All
conditions precedent to recovery have been satisfied or waived.
JURY DEMAND
26. Plaintiff demands a jury and tenders the appropriate fee with this
petition.
REQUEST FOR DISCLOSURE
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 9
27. Under Texas Rule of Civil Procedure 194, Plaintiff requests that
Defendants disclose, within 50 days of the service of this request, the information
or material described in Rule 194.2.
PRAYER
Wherefore, premises considered, Plaintiff Terra Vinet prays that Defendants
be cited to appear and that upon final trial or hearing that Plaintiff have judgment
against Defendants for all amounts due, for her actual damages, for additional
damages, for attorney’s fees and costs, and for such other and further relief to
which she may show herself justly entitled.
Respectfully submitted,
/s/ Brad Beers .
Brad Beers
State Bar No. 02041400
BEERS LAW FIRM
5020 Montrose Blvd., Suite 700
Houston, Texas 77006
Telephone: 713-654-0700
Facsimile: 713-654-9898
BBeers@BeersLaw.net
Attorney for Terra Vinet
Plaintiff’s Discovery Requests to Each Defendant (First)
Definitions:
“Plaintiff” refers to Terra Vinet.
“You”, “yours”, “Landlord” and “Defendants” refer to the specific Defendant party
answering the discovery requests including but not limited to their representatives.
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 10
These discovery requests are propounded separately to Colin McKenzie and to
Louise McKenzie.
“Owners’ Agent” refers to Anita Guerra and Monark Realty.
“Owners’ Remediation Agent” refers to Blackmon Mooring.
“Communications” as used in these requests includes correspondence, letters,
memoranda, notes, emails, texts, instant messages, any form of written
correspondence, and any form of digital or electronic correspondence.
“Document” as used in these requests means records or recordings both in
electronic, digital, optical, paper, or any other form. You are requested to produce
electronic or digital data in the format in which it is stored or maintained, and that
it be produced on CD ROM or thumb drives.
“Identify” when related to a person means the persons full name, complete home
address, and all known telephone numbers used by the person.
“Property” and “house” refer to the home located at 47 N. Regent Oak, Spring,
Texas 77381.
These discovery requests are to be answered within fifty (50) days of service.
Documents and things are to be produced at the offices of the Beers Law Firm.
Unless otherwise specified, the dates for documents and things responsive to these
requests is the past five (5) years.
1. Pursuant to Rule 194, Defendants are requested to disclose the information or
material described in Rule 194.2.
2. Produce the original of the contract upon which this suit is based.
3. Admit that you recommended that Terra Vinet and her daughters move out of
the house during the remediation process.
3a. Admit that the monthly rent on the Property was $7,500.
3b. Admit that the monthly rent for October on the Property of $7,500 was
reimbursed to Plaintiff.
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 11
3c. Admit that no payment for out of pocket expenses incurred by Plaintiff have
been paid by Defendants.
4. Produce all communications between Plaintiff and Defendants.
5. Produce all communications between any Defendant and Owners’ Agent
pertaining in any manner to the Property, to Plaintiff, to the personal property of
Plaintiff, or to Owners’ Remediation Agent.
6. Produce all communications between any Defendant and Owners’ Remediation
Agent pertaining in any manner to the Property, to Plaintiff, to the personal
property of Plaintiff, or to Owners’ Agent.
7. Produce all communications between Owners’ Agent and any person or entity
pertaining in any manner to the Property, to Plaintiff, to Defendant, to the personal
property of Plaintiff, or to Owners’ Remediation Agent.
8. Produce all communications between Owners’ Remediation Agent and any
person or entity pertaining in any manner to the Property, to Plaintiff, to the
personal property of Plaintiff, to Defendants, or to Owners’ Agent.
9. Produce all contracts and agreements of any type between Defendants and
Owners’ Agent.
10. Produce all invoices, statements, bills, and payment records between
Defendants and Owners’ Agent.
11. Produce all contracts and agreements of any type between Defendants and
Owners’ Remediation Agent.
12. Produce all invoices, statements, bills, and payment records between
Defendants and Owners’ Remediation Agent.
13. Produce all audio recordings containing what purport to be the voice of any
member of the Vinet family.
14. Produce all photographs and video images of the Property taken since June 1,
2017.
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 12
15. Produce all correspondence and documents pertaining to water damage, leaks,
mold, mildew, and any other form of contamination in or on the Property.
16. You are requested to preserve and safeguard all electronic and digital data,
whether contained on a handheld device, a computer, an iPad or similar device, a
thumb drive or any other portable storage device, or in the “cloud” or other remote
storage or backup system.
ORIGINAL PETITION
AND FIRST DISCOVERY REQUESTS PAGE 13
Preview
Received and E-Filed for Record 12/27/2018 9:48 AM Barbara Gladden Adamick District Clerk Montgomery County, Texas 18-12-16948 Cause No. ___________ Terra Vinet § In the District Court of § Montgomery County - 284th Judicial District Court vs. § Montgomery County, Texas § Louise Margaret McKenzie and § Colin Donald McKenzie § ___ Judicial District ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS Terra Vinet (“Tenant” or “Ms. Vinet” or “Plaintiff”) files this suit complaining of Louise Margaret McKenzie and Colin Donald McKenzie (sometimes collectively referred to as “Defendants” and/or “Landlords”), and for cause of action would show as follows: DISCOVERY-CONTROL PLAN AND RELIEF 1. Discovery is to be conducted under Level 2. Plaintiff, at this time, seeks monetary relief of more than $200,000. PARTIES 2. Plaintiff Terra Vinet is a resident of Montgomery County, Texas. 3. Defendant Louise Margaret McKenzie is a resident of Montgomery County, Texas, who is believed to currently be living outside of the United States, but who may be served through her local agent regarding the property at issue, Anita Guerra, Monark Realty, 450 Wilchester Boulevard, Houston, Harris County, Texas 77079, or wherever she may be found. The last three digits of her Texas driver’s license are 097. ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 1 3a. Defendant Colin Donald McKenzie is a resident of Montgomery County, Texas, who is believed to currently be living outside of the United States, but who may be served through his local agent regarding the property at issue, Anita Guerra, Monark Realty, 450 Wilchester Boulevard, Houston, Harris County, Texas 77079, or wherever she may be found. The last three digits of his Texas driver’s license are 099. JURISDICTION AND VENUE 4. This Court has jurisdiction over the subject matter and the parties. Venue is proper in Montgomery County because the events giving rise to this suit occurred in Montgomery County, the agreement at issue was entered into in Montgomery County, and the payments required to be made on the agreement are payable in Montgomery County. FACTS AND CAUSES OF ACTION 5. On or about September 22, 2018, Plaintiff Terra Vinet entered into a Residential Lease (the “Lease”) by and between Colin McKenzie and Louise McKenzie (the “Landlord”) and Plaintiff Terra Vinet (the “Tenant”), for the property located at 47 N. Regent Oak, Spring, Texas 77381 (the “Property”). The lease was to commence on October 1, 2018, and expire on September 30, 2019. Ms. Vinet’s monthly rent was $7,500 a month with a $7,500 security deposit. Since the Landlords live overseas and are usually out of the country, they had a ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 2 property manager, Anita Guerra from Monark Realty, handle all transactions and issues regarding the Property. Ms. Vinet and her two minor daughters were moving into the house due to commitments that made it necessary for Ms. Vinet and her daughters to travel to The Woodlands on a regular basis and the driving back and forth had been taking up too much time. 6. Prior to moving in the Property, Ms. Vinet met the property manager to make sure everything was working properly in the house. They did a fifteen minute walk through and there were some issues that were discussed that Ms. Vinet was told would be addressed and fixed but no Inventory and Condition form was provided to Ms. Vinet. 7. On October 8, 2018, Ms. Vinet advised the Property Manager that she believed there was mold in the house. Upon learning of the possibility of mold, Defendants/Landlords arranged for further investigation to determine if there was actual mold and to determine its cause. 8. While waiting for the written mold report, Ms. Vinet was advised on October 12, 2018, by the Owners’ Agent and the mold investigator retained by the Owners that she and her family should vacate the Property if they felt uncomfortable, while the report was pending. Ms. Vinet elected not to vacate the Property and chose to stay in the portions of the Property that Tenant believed did not contain the mold. ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 3 9. On or about October 15, 2018, the mold testing results were received and revealed significant and dangerous mold levels throughout the portions of the house tested. For reasons not clear to Mrs. Vinet, the entire house was not tested. 10. On October 18, 2018, the Owners’ Agent informed Ms. Vinet that everyone (the Owners’ Agent, the Owners’ hired remediation firm, and the Landlords) recommended that she and her daughters should move out of the Property as they work on a resolution to finding the source and remediating the home because it was not safe to stay in the home. 11. On October 23, 2018, Defendant/Landlord Louise McKenzie flew to Houston to personally meet with Ms. Vinet and a representative of Blackmon Mooring, the Owners’ Remediation Agent, to develop a remediation plan to address the situation. At that time Louise McKenzie returned Ms. Vinet’s October rent of $7,500, and told Ms. Vinet to “keep up with additional expenses for discussion”. Mrs. McKenzie also agreed to pay for the first week in the hotel and expenses which had not been reimbursed to Tenant which would have begun on October 18 and gone through October 25. Mrs. McKenzie’s email states to book the room through the time that Ms. Vinet’s son is in town which was October 25 for fall break and Mrs. McKenzie also agreed to pay for a second hotel room while Mrs. Vinet’s son was visiting. Ms. McKenzie also agreed to pay all utilities for ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 4 the Property for the months of October and November, the expected during of the remediation work. 12. Mrs. Vinet was at first told that part of the house could be sealed off and they could remain in the den, kitchen and downstairs bedroom. However, if the Owners and the Owners’ Remediation Agent had to do perform the remediation work while the family attempted to live in the house, it would take about four times longer. Ms. Vinet was anxious that they would have the house back before the Christmas holidays. Mrs. Vinet was assured she would be able to return to the Property by December 1, barring no surprises, as long as Ms. Vinet and her daughters completely moved out. To expedite the Owners’ remediation of the house and all of the property inside the house, the Vinets moved out as requested. 13. Mrs. Vinet was instructed to only take with them what was considered “emergency clothing”, which was two weeks’ worth or less. Defendants agreed to have the emergency clothing that was selected remediated and delivered to Mrs. Vinet at the hotel where they had been directed to stay during the remediation process. 14. Mrs. Vinet and her family did exactly what was asked of them so that the remediation could be performed as efficiently and expeditiously as possible. However, by moving out of the house, instead of paying $7500 a month and having a spacious 7,500 square foot home to enjoy complete with all of the ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 5 furnishings and household items that are part of your home, including the kitchen and dining rooms for preparing and enjoying meals, the Vinets were instead living cramped in a hotel room, eating all meals out, and living without virtually all of their personal property. 15. Here, because the Vinets moved to a hotel as directed, they were forced to incur significant expenses for hotel rooms and meals along with purchasing everyday personal items and effects that were contaminated and left at the house. 16. The Owners’ Agent specifically represented to Mrs. Vinet that Landlord wanted to make sure Ms. Vinet knew that Landlords would take care of any and all of their needs in respect to the living and out of pocket expenses incurred while they were displaced. The Owners’ Agent said that she had spoken with Defendant Colin McKenzie and he wanted the Owners’ Agent to reiterate that Owners would be taking care of all of the hotel costs, any costs related to relocation while remediation was taking place, meals, and other expenses. The Owners’ Agent also said that Defendants had ordered a full house remediation and that all of Ms. Vinet’s personal belongings would be remediated by Owners’ Remediation Agent, which was understood to be Blackmon Mooring, at no expense or cost to the Vinets. Mrs. Vinet was cautious and regularly checked with Owners’ Agent before incurring various expenses and she was emphatically told by Owners’ Agent that ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 6 Landlords did not want the Vinets to be out any money due to the mold and remediation issues. 17. Because the Vinets were asked to leave all of their property at the house and to stay at a hotel while the house and their personal property was being remediated, they did. Only after the Vinets had moved from the house did they discovery that approximately 4,000 items of their personal property had been removed from the house by Owners and Owners’ Remediation Agent to a different location to be remediated. Now, the Owners will not return Plaintiff’s property and Plaintiff refuses to remediate the property. 18. As of the filing of this suit, Owners and/or Owners’ Remediation Agent remain in possession of the Vinet’s approximately 4,000 items of personal property which, to the knowledge of the Vinets, have not been remediated. Owners refuse to return the personal property in a remediated condition as had been promised and agreed by Owners. The Owners/Defendants have breached their agreement with Mrs. Vinet and actual damages and consequential damages have been incurred in addition to attorney’s fees. 19. Notice has been given to Defendants seeking to have Defendants abide their agreements to pay the expenses incurred at the direction of Owners, but to date those expenses remain unpaid. And, Owners continue to refuse to return the ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 7 personal property Owners took from the house in a remediated condition as promised and agreed, despite demand. 20. On November 28, 2018, Terra Vinet and her daughters moved back into the Property after having been told the remediation of the mold in the house had been completed. 21. Plaintiff has a right to immediate possession, in an uncontaminated, fully remediated condition, of the following personal property: furnishings, clothing, bedding, jewelry, purses and accessories, make up, and additional miscellaneous items totaling approximately 4,000 items inventoried by the Owners Remediation Agent. 22. Defendants wrongfully acquired and exercised dominion and control over Plaintiff’s personal property by directing the Owners’ Remediation Agent to take possession Plaintiff’s personal property and removing it from the house, by first agreeing to pay for the remediation of Plaintiff’s personal property and directing the Owners’ Remediation Agent to remove the personal property from the house, only to now refuse to pay for the remediation and causing the Owners’ Remediation Agent to retain possession of Mrs. Vinet’s mold contaminated personal property. The Vinets have now been without the use or benefit of their personal effects and property for months and are living in the Owners’ rent house without having substantially all of their personal property. ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 8 23. Defendants’ wrongful acts proximately caused injury to Plaintiff, which resulted in the following damages: conversion of the personal property and loss of use of the personal property. Further, Defendants have breached their agreement to pay and reimburse the expenses incurred by Plaintiff after moving from the Property at the request of Defendants during the remediation process which has resulted in damages consisting of the out of pocket costs and expenses of hotel lodging, meals, replacement personal items and effects, and related expenses in addition to attorney’s fees. 24. Defendants/Landlords have breached their agreements with Plaintiff and Plaintiff seeks all recoverable damages, attorney’s fees, and costs. Defendants/ Landlords have converted Plaintiff’s personal property and Plaintiff seeks all recoverable damages, attorney’s fees and costs. CONDITIONS PRECEDENT 25. All required and necessary notices have been given Defendants. All conditions precedent to recovery have been satisfied or waived. JURY DEMAND 26. Plaintiff demands a jury and tenders the appropriate fee with this petition. REQUEST FOR DISCLOSURE ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 9 27. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendants disclose, within 50 days of the service of this request, the information or material described in Rule 194.2. PRAYER Wherefore, premises considered, Plaintiff Terra Vinet prays that Defendants be cited to appear and that upon final trial or hearing that Plaintiff have judgment against Defendants for all amounts due, for her actual damages, for additional damages, for attorney’s fees and costs, and for such other and further relief to which she may show herself justly entitled. Respectfully submitted, /s/ Brad Beers . Brad Beers State Bar No. 02041400 BEERS LAW FIRM 5020 Montrose Blvd., Suite 700 Houston, Texas 77006 Telephone: 713-654-0700 Facsimile: 713-654-9898 BBeers@BeersLaw.net Attorney for Terra Vinet Plaintiff’s Discovery Requests to Each Defendant (First) Definitions: “Plaintiff” refers to Terra Vinet. “You”, “yours”, “Landlord” and “Defendants” refer to the specific Defendant party answering the discovery requests including but not limited to their representatives. ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 10 These discovery requests are propounded separately to Colin McKenzie and to Louise McKenzie. “Owners’ Agent” refers to Anita Guerra and Monark Realty. “Owners’ Remediation Agent” refers to Blackmon Mooring. “Communications” as used in these requests includes correspondence, letters, memoranda, notes, emails, texts, instant messages, any form of written correspondence, and any form of digital or electronic correspondence. “Document” as used in these requests means records or recordings both in electronic, digital, optical, paper, or any other form. You are requested to produce electronic or digital data in the format in which it is stored or maintained, and that it be produced on CD ROM or thumb drives. “Identify” when related to a person means the persons full name, complete home address, and all known telephone numbers used by the person. “Property” and “house” refer to the home located at 47 N. Regent Oak, Spring, Texas 77381. These discovery requests are to be answered within fifty (50) days of service. Documents and things are to be produced at the offices of the Beers Law Firm. Unless otherwise specified, the dates for documents and things responsive to these requests is the past five (5) years. 1. Pursuant to Rule 194, Defendants are requested to disclose the information or material described in Rule 194.2. 2. Produce the original of the contract upon which this suit is based. 3. Admit that you recommended that Terra Vinet and her daughters move out of the house during the remediation process. 3a. Admit that the monthly rent on the Property was $7,500. 3b. Admit that the monthly rent for October on the Property of $7,500 was reimbursed to Plaintiff. ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 11 3c. Admit that no payment for out of pocket expenses incurred by Plaintiff have been paid by Defendants. 4. Produce all communications between Plaintiff and Defendants. 5. Produce all communications between any Defendant and Owners’ Agent pertaining in any manner to the Property, to Plaintiff, to the personal property of Plaintiff, or to Owners’ Remediation Agent. 6. Produce all communications between any Defendant and Owners’ Remediation Agent pertaining in any manner to the Property, to Plaintiff, to the personal property of Plaintiff, or to Owners’ Agent. 7. Produce all communications between Owners’ Agent and any person or entity pertaining in any manner to the Property, to Plaintiff, to Defendant, to the personal property of Plaintiff, or to Owners’ Remediation Agent. 8. Produce all communications between Owners’ Remediation Agent and any person or entity pertaining in any manner to the Property, to Plaintiff, to the personal property of Plaintiff, to Defendants, or to Owners’ Agent. 9. Produce all contracts and agreements of any type between Defendants and Owners’ Agent. 10. Produce all invoices, statements, bills, and payment records between Defendants and Owners’ Agent. 11. Produce all contracts and agreements of any type between Defendants and Owners’ Remediation Agent. 12. Produce all invoices, statements, bills, and payment records between Defendants and Owners’ Remediation Agent. 13. Produce all audio recordings containing what purport to be the voice of any member of the Vinet family. 14. Produce all photographs and video images of the Property taken since June 1, 2017. ORIGINAL PETITION AND FIRST DISCOVERY REQUESTS PAGE 12 15. Produce all correspondence and documents pertaining to water damage, leaks, mold, mildew, and any other form of contamination in or on the Property. 16. You are requested to preserve and safeguard all electronic and digital data, whether contained on a handheld device, a computer, an iPad or similar device, a thumb drive or any other portable storage device, or in the “cloud” or other remote storage or backup system. 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