Preview
FILED
DALLAS COUNTY
12/31/2014 3:26:32 PM
GARY FITZSIMMONS
DISTRICT CLERK
DC-14-15088
CAUSE NO: Hernandez Angelica
MARIA YOUNG, §
--------,--
IN THE DISRICT COURT
§
Plaintiff §
v. §
§ WDICIAL DISTRICT
CAREFREE RV RESORTS INC D/B/A §
SANDY LAKE RV PARK §
Defendant § DALLAS COUNTY, TEXAS
ORIGINAL PETITION
TO THE HONORABLE WDGE OF THE SAID COURT:
NOW COMES, Maria Young, Plaintiff files this original petition and would respectfully show the court
as follow:
2.
DISCOVERY CONTROL PLAN
Plaintiffs intend that discovery be conducted under level 2 of the discovery control plan, Rule 190.3 of the
Texas Rule of Civil Procedure.
3. PARTIES/SERVICE OF PROCESS
Plaintiff Maria Young is an individual residing in Dallas County Texas. Defendant Carefree Rv.
Resorts INC. d/b/a Sandy Lake Rv. Park conducted the business the subject of this lawsuit in Dallas
County. Service of this petition may be served on defendant by delivering this petition along with citation
to defendant through its agent of service William R. Sudela at 2727 Allan Parkway, Suite 1700, Houston,
Texas 77019. During the course of this entire petition, the word defendant's or defendant as used herein
will inter changeably refers to Sandy lake Rv. Park or Carefree RV. Resortss INC. in this paragraph.
4. JURISDICTION and VENUE
1
Original Petition 1
Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake
Rv Park
This petition seeks recovery from defendant in amount within the jurisdictional limits of this court. Venue
is proper in this Court and County because at the time the cause of action accrued, plaintiffs resided in this
County. Tex. Civ. Prac. & Rem. Code §15.017.
5. BAKGROUND
Plaintiff Maria Young was and still leasing a space of!and where her mobile home was situated from defendants. On
or about May 16, 2014 Defendant Sandy Lake RV Park ("sandy") filed original petition • See Exhibit "A". In the
original petition, defendants did not allege any wrong doing that was done by plaintiff Maria Young that would justify
bringing lawsuit against Ms. young. Defendant also filed an Application for Temporary Restraining Order against
plaintiff Maria Young in that lawsuit See Exhibit "B". A hearing on merit was conducted regarding the
temporary restraining order application and Temporary injunction brought by defendant In that hearing on the
temporary restraining order, defendant admitted that plaintiffMaria young had not done anything that would justify
granting of restraining order against Maria Young. Defendant's motion for Temporary ~unction was denied. See
Exhibit "C". After defendant request for temporary injunction was denied, defendant went and filed a sworn suit for
forcible detainer a/k/a eviction against plaintiffMaria young alleging the same set of facts it alleged at ~unction
hearing. A trial on Merit was conducted by the jury on the eviction case that was filed by defendant At the conclusion
ofthe eviction trial, the jury find in fuvor of the plaintiffs.See Exhibit "D". Defendant further appealed the denial of
injunction by the Associate District judge just to harass plaintiff but failed to prosecute that appeal after defendant had
been given multiple chances to go forward with the appeal, the appeal was subsequently dismissed. See Exhibit "E".
2
Original Petition 2
Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park
MALICIOUS PROSECUTION
6.
Plaintiff repeats all the preceding paragraph and incorporate them by reference herein as if copied in
verbatim. in addition to filing groundless request for temporary restraining order and injunction against
plaintiff as mention in the preceding paragraph, On 24th day of June, 2014, defendant file an untrue sworn
complaint for forcible detainer against plaintiff with the Justice of the Peace Court Precinct in Dallas
County, Texas. Thereafter, the petition was presented to a court of competent jurisdiction in Dallas,
Dallas County, Texas. Based on defendant's false or incomplete statement of facts, a citation was issued
commanding the plaintiffs to answer and respond to the petition
7.
Both the action in the District court for temporary Injunction and eviction proceeding in Justice court was
terminated in favor of plaintiff. The said Court rendered a take nothing judgment against defendant.
Plaintiff was innocent of the allegations brought against her on those two ocassion.. Defendant acted
without probable cause in initiating the prosecution of plaintiffs or in making the statement to justice of the
peace court and/or district court. Defendant acted maliciously in filing the sworn petition for eviction
with the justice of the peace court, seeking temporary injunction in district court and pursuing appeal of
denial of temporary injunction and thereafter abandoning such appeal.
8.
As a proximate result of the fraudulent and baseless civil complaint, plaintiff suffered injury to her
fuelings, reputation, health, property, finances, person and character: was generally impaired in their social
and mercantile standing; and suffered great embarrassment, humiliation and mental anguish and suffering,
all to their damage in a sum within the jurisdictional limits of this court.
3
Original Petition 3
Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park
9
As a further proximate result of the frivolous eviction and temporary injunction initiated by defendant,
plaintiff incurred the cost of attorney's fees and legal advise in defending against the eviction suit,
temporary injunction and underlying lawsuit defendant filed against plaintiff whereby defendant was
seeking about $100,000.00 in damages against plaintiff then.
10.
By virtue of the fact that the foregoing conduct of the defendant was willful, wanton and malicious,
plaintiffs also seek recovery of exemplary damages in a sum within the minimum jurisdictional limits of
the court.
ABUSE OF JUDICIAL PROCESS
11
Plaintiff repeats all the preceding paragraphs and incorporate them by reference as if copied verbatim.
12.
Defendant well knew that the civil petition it filed was falsely made, and defendant procured such action
for the purpose of coercing plaintiffs into settling a civil dispute between plaintiffs and defendant.
13.
The process that defendant obtained and used against plaintiffs as described in the foregoing paragraphs
was illegal, improper and a perverted use of that process: the ulterior purpose and motivation in using the
process resulted to damages to plaintiff, including financial loss or/and actual interference with plaintiffs
person.
14
Since defendant's action was done with malicious intent exemplary damages is being sought as part of
plaintiff's compensation.
4
4
Original Petition
Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park
RETALIATORY EVICTION
15
Plaintiffs repeat all the preceding paragraphs and incorporate them by reference as if copied in verbatim
16.
Defendant's relationship with plaintiffs deteriorated after defendant's employee and/or agent had an
argument with plaintiffs. Specifically, after defendant filed the civil suit against plaintiff and requested
that plaintiff move out prior to injunction hearing, plaintiff flatly told defendants that plaintiff would
not move because plaintiff had not done anything. After Defendant lost Injunction hearing, one of
defendant agent had word with plaintiff and was not happy that plaintiff would not be restrained from
coming to the property the subject of this lawsuit The spouse of that agent of defendant was not happy
that plaintiff exchanged words with his spouse and vowed to use another way to get rid of plaintiff.
Subsequently, defendant commenced an eviction proceeding in the Justice of the Peace court with the
same set of fact as in the district court which defendant ultimately lost The above conduct of
defendant amount to statutory retaliatory eviction by defendant which is prohibited by law.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
17.
The malicious conduct of the defendant, as described in the preceding paragraphs, was extreme and
outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, as to be
regarded as atrocious and utterly intolerable in a civilized community. Defendant's conduct proximately
caused plaintiffs to suffer severe emotional distress and anguish, for which she now sues. Said outrageous
conduct was done without privilege, permission or consent.
5
Original Petition 5
Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park
INVASION OF PRIVACY
18.
Pursuant to Texas state law, plaintiff pleads a cause of action against defendant for invasion of privacy.
The allegations contained in all of the paragraphs of this petition are hereby reaverred and realleged for all
purposes and incorporated herein with the same force and effect as if set forth verbatim.
19.
Defendant intentionally invaded plaintiffs mental: solitude, seclusion, and privacy and plaintiff's physical
solitude, seclusion, and privacy by intentionally: by continually berating and harassing plaintiffs through
all possible means within the reach of defendant.
20
Defendant intended such acts and comments forthe purpose of invading the plaintiff's privacy. Said acts
and comments were offensive, embarrassing, objectionable, and unreasonably invaded the privacy of the
plaintiff and would have offended any reasonable person.
21
Said acts were made without consent, permission or privilege. As a direct and proximate result of said acts,
plaintiff has suffered and will suffer past, present and future severe mental distress and anguish.
6
Original Petition 6
Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park
BREACH OF CONTRACT OF QUITE ENJOYMENT
22
Plaintiff repeats all the preceding paragraphs and incorporate them herein as if copied in verbatim
23
Defendant's action amount to breach of contract of quite enjoyment. Plaintiffs sustained both economic
and emotional injuries as a result of that. Plaintiffs demand that she be compensated accordingly.
On July 131h, 2000, plaintiff vacated the premises covered by the above rental agreement, surrendering
possession to defendant. Plaintiff complied with all terms, conditions, and covenants of the rental
agreement, and, in particular notified defendant on or about June 12th, 2000, before the move out date, that
the apartment would be vacated on or before July 12'\ 2000, sending such notice to defendant's manager
on the premises.
JURY DEMAND
24.
Defendants demand that this court empanel a lawful jury to hear this case.
RESERVATION OF RIGHTS
25.
Defendants specifically reserves the right to bring additional causes of action against plaintiff and to amend
this petition as necessary.
26.
REQUEST FOR REPORTER
Pursuant to Section 52.046 of Texas Government Code, plaintiff requests that a court reporter attend all
sessions of court in conjunction with this matter in order to transcribe any proceedings herein.
7
Original Petition 7
Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park
PUNITIVE DAMAGES
27.
As a consequence of the foregoing clear and convincing facts and the willful and malicious nature of the
wrongs committed against the plaintiff, which damaged her, plaintiff is entitled to exemplary damages in
excess of the minimum jurisdictional limit of this court. Plaintiffs specifically asks for punitive damage in
the amount of three hundred and fifty thousand dollars or more. Plaintiffs also request for a compensatory
damages in the amount of one hundred and eighty dollars.
ATTORNEY'S FEES
28.
It has become necessary to employ a counsel to bring suit on this transaction because of defendant's refusal
to comply with the provisions of the contract. Plaintiff is entitled to attorney's fees pursuant to the
contract, section 38.001 et al of Civil Practice and Remedies Code, Property Code and/or Common Law
and implied and/or explicit agreement between the parties. By reason of the above and foregoing, plaintiff
is entitled to recover attorney's fees in the sum that is reasonable in relation to the amount of work
expended. In this regard, plaintiff will show that the attorney whose name is subscribed to this pleading
has been employed to assist plaintiff in the prosecution of this action. For work expended in the
preparation and trial of this cause, reasonable fee for plaintiffs attorney is $250.00 per hour. In the event
of an appeal to the court of Appeal, plaintiff would be further entitled to $300.00 per hour as a reasonable
attorney's fee, and in the event of an appeal to the supreme Court, plaintiff would be entitled to an
additional sum of$350.00 per hour as a reasonable attorney's fee.
8
Original Petition 8
Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park
Therefore in addition to the above, Plaintiff will seeks all the reasonable and necessary attorneys fees in
this case which include following:
(a)Preparation and trial ofthis lawsuit; $15,500.00 and
(b) Post-trial, pre-appeal legal services, $3,500.00 and
(c) An appeal to the court of appeals; $7,000.00 and
(d) Making or responding to an application for writ of error to the Supreme Court of Texas; $5000.00 and
(e) An appeal to the Supreme Court of Texas in the event
application for writ of error is granted; $4,500.00 and
(f) Post judgment discovery and collection in the event execution on the judgment is necessary
29. PRAYER/DEMAND FOR RELIEF:
WHEREFORE, PREMISES CONSIDERED, Plaintiffs are requesting that defendant be cited to
appear and answer, and that on final hearing, defendant be ordered as authorized by property code,
Real Estate code and other relevant statues and common law to pay to plaintiff all damages within the
jurisdictional limit of the court with all pre-judgment and post judgment interest as allowed by law
including, but not limited to punitive, exemplary , compensatory damages as plead by plaintiff.
Respectfully submitted,
LAW OFFICES OF VINCENT & ASSC.
2730 N.Stemmons Frwy Suite #409
Dallas, Texas 75207
Tel: (214) 638-5930
Fax: (214) 634-03:::0::..2----=
~ .~ce::
~:€
Email: vincente_office@yahoo.com
ATTORNEY FOR PLAINTIFF
9
Original Petition 9
Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park
FILED
DALLAS COUNTY
5/16/2014 3:21 :25 PM
GARY FITZSIMMONS
DISTRICT CLERK
DC-14-05267 Pointer Tonya
CAUSE N O . - - - - - - - -
SANDY LAKE RV PARK § IN THE DISTRICT COURT
PLAINTIFF §
§
vs. § _ _ JUDICIAL DISTRICT
§
DAVID YOUNG, LISA YOUNG, §
MARLIN YOUNG AND MARIA §
YOUNG, §
DEFENDANTS § DALLAS COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND INJUNCTIVE RELIEF
l. Plaintiff, Sandy Lake RV Park, hereinafter "the Park or Movant" file this Original
Petition and Application for Temporary Restraining Order against Defendants, David Young,
Lisa Young, and alleges as follows:
DISCOVERY-CONTROL PLAN
2. Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure
190.4 and affirmatively pleads that this suit is not governed by the expedited-actions process in
Texas Rule of Civil Procedure 169 because it seeks injunctive relief.
PARTIES
3. Plaintiff, Sandy Lake RV Park, is a business in Collin County, Texas.
4. Defendants, David Young, Lisa Young, Marlin Young and Maria Young, are individuals
and may be served with process at Defendants' usual place of abode located at 1915 Sandy Lake
Rd. Carrollton, Texas 75006, Mobile Home 2.
JURISDICTION
5. The Court has subject-matter jurisdiction over the lawsuit under Texas Law.
VENUE
6. Venue is proper in Dallas County under Texas Civil Practice and Remedies Code section
PLAIN"lf~f=~~TON AND APPLICATION FOR TEMPORARY RESTRAINING ORDER , Page 11
# A
Original Petition
~Jit,J;
Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park 1:FI 10
15.002 because all or a substantial of the events or omissions giving rise to the claim occurred in
Collin County, Texas and Defendants reside in Collin County, Texas.
FACTS
7. This incident involves multiple terroristic threats and assaults of employees of the Sandy
Lake RV Park in Dallas, Texas. The incidents giving rise to the need for emergency relief
occurred within the last forty eight hours.
8. On May 14, 2014, David Young was arrested for Terroristic Threat and Assault by
Bodily Contact. On this date, David Young was a resident of Mobile Home 2 at the Sandy Lake
RV Park. David Young threatened an employee of the park claiming that he would burn the
employee's mobile home to the ground and then physically assaulted the employee. Law
enforcement was contacted and the police arrested David Young who continues to remain in the
custody oflaw enforcement. Jn fact, he has been referred for a psychiatric evaluation because of
his conduct. See Exhibit A and B.
9. Previous to the May 14, 2014 incident, the Park has documented incidents involving
David Young.
10. On April 24, 2014, David Young was witnessed destroying Park property and yelling
profanity at his sister. See Exhibit C.
II. On April 25, 2014, a guest was confronted by Lisa Young who appeared to be under the
influence of drugs and who repeatedly asked for money. See Exhibit D.
12. On April 27, 2014, Lisa Young was seen walking around with a bong and asking guests
and others for money to buy marijuana. See Exhibit E.
13. On April 27, 2014, David Young slapped Lisa Young in the face and the police were
called. See Exhibit F.
PLAINTIFF"S ORIGINAL PETITION AND APPLICATION FOR TEMP• llton, Texaa 75006 or coming within 300 yards
of the Sandy Lake RV Park and Sandy Lake Park.
IT IS ORDERED that a bond in the amount of$ /OO is required of Movant, and the
clerk of this Court shall, on the filing by Movant of a proper bond in that amount, with good and
· sufficientsurety, issue a Writ of Injunction in conformity with the terms of this Temporary
Restraining Order.
·;~· .·.·
··~t.
IT IS ORDERED that this restraining order is effective immediately and shall continue in
'
;· j force and effect until further order of this Court or until it expires by operation oflaw.
. 0
-~
IT IS ORDERED that this restraining order shall be binding on ~D~·_eR,_,.,.,._J_.,,.._r~j-, on
A\.,(•r
Risk agents, attorneys, servants, and employees, and on those persons in active concert or
participation with them who receive actual notice of this order by personal service or otherwise.
IT IS ORDERED that the hearing on the Temporary Injunction requested by Sandy Lake
RVPark,issetfor 1i:J/VJ1 °t ~O/fr ,at /0'3;:..
o'clock, _fl..m., in the courtroom of the I 'I.)""- °'5~f court in Dallaa County,
Texas to detennine whether, during the pendency of this case:
TEMPORARY RESTRAINING ORDER Page 12
Original Petition 24
Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake
Rv Park
·-1
.. i' ..
a.
b.
The Temporary Restraining Order should be made a temporary injwtction.
The other relief requested in the Temporary lnjwtctionsbo~ted. 7
)!{11114-[) '('/1'fl/ ro\f PRES~
.. ~ \"."~'l-f"'
I
~· .
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,
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TEMPORARY RESTRAINING ORDER . Page 13
Original Petition 25
Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake
Rv Park
I
i
. 000972
CAUSE NO. DC-14-05267
533L
SANDY LAKE RV PARK § IN THE DISTRICT COURT
§
Plaintiff, §
I
I ft
§
§ DALLAS COUNTY, TEXAS
§
I DAVID YOUNG, LISA YOUNG, §
MARLIN YOUNG AND MARIA YOUNG §
§
Defendants. § . l93n1 JUDICIAL DISTRICT
I. ORDER ON PLAINTIFF'S TEMPORARY INJUNCTION
Counsel appearing for Sandy Lake RV Park ("Plaintiff'), Casey S. Erick. Counsel
I
appearing for Lisa Young, Maria Young and Marlin Young, ("Defendants"), Vincent Ndukwe.
i
On June 10, 2014, came on for hearing Plaintiffs request for a Temporary Injunction.
I The Court, having considered the pleadings, evidence, and arguments of counsel, finds that a
Temporary Injunction is not necessary and equitable for the protection of the rights of the parties
and fur the safety and welfare of the parties and for the preservation of property as requested by
the Plaintiff.
IT IS THEREFORE ORDERED that Plaintiffs request for a Temporary Injunction is
hereby DENIED.
SIGNED this 10th day of June, 2014.
Pl::AINfiFF EXHIBIT
ft- c
OBDER ON PLAINTIFF'S TEMPORARY !NJUNQJON-Page I
Original Petition 26
Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake
Rv Park
CASE. NO. JE 14-51405A
Sandy ' Lake RV Park IN THE JUSTICE COURT
Plaintiff ' §
PRECINCT 3, PLACE 1
vs. §
DALLAS COUNTY, TEXAS
Marlin Young & §
Maria Young
Defendant
JUDGMENT by Jury
On the 9th day of July, 2014, a hearing was held by this Court. The Plaintiff and
the Defendant(s) appeared in person and announced ready for trial; and, a jury having been
demanded, thereupon came a jury of good and lawful persons, qualified jurors of said county,
who, being duly impaneled and sworn, upon their oaths do say by their verdict that they find
that the Plaintiff failed to meet their burden, it is therefore;
ORDERED, ADJUDGED AND DECREED by this Court that Plaintiff take nothing of the
Defendant(s). All relief not expressly granted herein is denied.
SIGNED on this 9"' day of July, 2014.
ai~---
JUDGE PRESIDI ~
PLAINTIFF EXHIBIT
t•_.::::.D:.-----
Original Petition 27
Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake
Rv Park
534-L 001255
DC-14-05267
SANDY LAKE RV PARK IN THE DISTRICT COURT
vs. l93Ro JUDICIAL DISTRICT
DAVID YOUNG, et al DALLAS COUNTY TEXAS
DISMISSAL ORDER
The Court FINDS the following (checked off as apply):
D The Court had been informed that all matters in dispute in this cause between and/or
among all parties have been settled and compromised, and the Court previously issued a Notice
oflntent to Dismiss without prejudice if a final Order I Judgment was not submitted to the Court
for signature within the requisite amount of time. The requisite time has passed, and the
aforementioned papers have not been delivered to the Court.
D The Part(ies) seeking affirmative relief were previously Ordered to appear for final trial
of this cause on the date set forth in the Trial Notice I Scheduling Order, and said Part(ies) failed
to appear for final trial of this cause.
).(" The Court had previously ordered the Parties to attend a Status Conference in this cause,
.r ;;ifu the Notice of Status Conference indicating therein that, if the Parties failed to appear, the
case could be dismissed without prejudice. The Parties failed to appear at the duly noticed Status
Conference.
D The Court had previously issued a Notice of Initial Dismissal Hearing, setting a date by
which the Petition must be served, or the case would be dismissed without prejudice. Plaintiff
failed to appear at the hearing, and failed to obtain service on the Defendant and/or obtain a
proper default against the Defendant by said date.
As a result of the foregoing, pursuant to the Texas Rules of Civil Procedure, the Local
Rules of the Civil Courts of Dallas County, and the Court's inherent authority, this cause is
hereby DISMISSED without prejudice, with costs taxed against the party incurring the same.
SIGNED this 912912014
PLAINTIFF EXHIBIT The Honorable Carl Ginsberg
# £, J93rd Judicial District Court
1
Original Petition 28
Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake
Rv Park
Preview
FILED DALLAS COUNTY 12/31/2014 3:26:32 PM GARY FITZSIMMONS DISTRICT CLERK DC-14-15088 CAUSE NO: Hernandez Angelica MARIA YOUNG, § --------,-- IN THE DISRICT COURT § Plaintiff § v. § § WDICIAL DISTRICT CAREFREE RV RESORTS INC D/B/A § SANDY LAKE RV PARK § Defendant § DALLAS COUNTY, TEXAS ORIGINAL PETITION TO THE HONORABLE WDGE OF THE SAID COURT: NOW COMES, Maria Young, Plaintiff files this original petition and would respectfully show the court as follow: 2. DISCOVERY CONTROL PLAN Plaintiffs intend that discovery be conducted under level 2 of the discovery control plan, Rule 190.3 of the Texas Rule of Civil Procedure. 3. PARTIES/SERVICE OF PROCESS Plaintiff Maria Young is an individual residing in Dallas County Texas. Defendant Carefree Rv. Resorts INC. d/b/a Sandy Lake Rv. Park conducted the business the subject of this lawsuit in Dallas County. Service of this petition may be served on defendant by delivering this petition along with citation to defendant through its agent of service William R. Sudela at 2727 Allan Parkway, Suite 1700, Houston, Texas 77019. During the course of this entire petition, the word defendant's or defendant as used herein will inter changeably refers to Sandy lake Rv. Park or Carefree RV. Resortss INC. in this paragraph. 4. JURISDICTION and VENUE 1 Original Petition 1 Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake Rv Park This petition seeks recovery from defendant in amount within the jurisdictional limits of this court. Venue is proper in this Court and County because at the time the cause of action accrued, plaintiffs resided in this County. Tex. Civ. Prac. & Rem. Code §15.017. 5. BAKGROUND Plaintiff Maria Young was and still leasing a space of!and where her mobile home was situated from defendants. On or about May 16, 2014 Defendant Sandy Lake RV Park ("sandy") filed original petition • See Exhibit "A". In the original petition, defendants did not allege any wrong doing that was done by plaintiff Maria Young that would justify bringing lawsuit against Ms. young. Defendant also filed an Application for Temporary Restraining Order against plaintiff Maria Young in that lawsuit See Exhibit "B". A hearing on merit was conducted regarding the temporary restraining order application and Temporary injunction brought by defendant In that hearing on the temporary restraining order, defendant admitted that plaintiffMaria young had not done anything that would justify granting of restraining order against Maria Young. Defendant's motion for Temporary ~unction was denied. See Exhibit "C". After defendant request for temporary injunction was denied, defendant went and filed a sworn suit for forcible detainer a/k/a eviction against plaintiffMaria young alleging the same set of facts it alleged at ~unction hearing. A trial on Merit was conducted by the jury on the eviction case that was filed by defendant At the conclusion ofthe eviction trial, the jury find in fuvor of the plaintiffs.See Exhibit "D". Defendant further appealed the denial of injunction by the Associate District judge just to harass plaintiff but failed to prosecute that appeal after defendant had been given multiple chances to go forward with the appeal, the appeal was subsequently dismissed. See Exhibit "E". 2 Original Petition 2 Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park MALICIOUS PROSECUTION 6. Plaintiff repeats all the preceding paragraph and incorporate them by reference herein as if copied in verbatim. in addition to filing groundless request for temporary restraining order and injunction against plaintiff as mention in the preceding paragraph, On 24th day of June, 2014, defendant file an untrue sworn complaint for forcible detainer against plaintiff with the Justice of the Peace Court Precinct in Dallas County, Texas. Thereafter, the petition was presented to a court of competent jurisdiction in Dallas, Dallas County, Texas. Based on defendant's false or incomplete statement of facts, a citation was issued commanding the plaintiffs to answer and respond to the petition 7. Both the action in the District court for temporary Injunction and eviction proceeding in Justice court was terminated in favor of plaintiff. The said Court rendered a take nothing judgment against defendant. Plaintiff was innocent of the allegations brought against her on those two ocassion.. Defendant acted without probable cause in initiating the prosecution of plaintiffs or in making the statement to justice of the peace court and/or district court. Defendant acted maliciously in filing the sworn petition for eviction with the justice of the peace court, seeking temporary injunction in district court and pursuing appeal of denial of temporary injunction and thereafter abandoning such appeal. 8. As a proximate result of the fraudulent and baseless civil complaint, plaintiff suffered injury to her fuelings, reputation, health, property, finances, person and character: was generally impaired in their social and mercantile standing; and suffered great embarrassment, humiliation and mental anguish and suffering, all to their damage in a sum within the jurisdictional limits of this court. 3 Original Petition 3 Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park 9 As a further proximate result of the frivolous eviction and temporary injunction initiated by defendant, plaintiff incurred the cost of attorney's fees and legal advise in defending against the eviction suit, temporary injunction and underlying lawsuit defendant filed against plaintiff whereby defendant was seeking about $100,000.00 in damages against plaintiff then. 10. By virtue of the fact that the foregoing conduct of the defendant was willful, wanton and malicious, plaintiffs also seek recovery of exemplary damages in a sum within the minimum jurisdictional limits of the court. ABUSE OF JUDICIAL PROCESS 11 Plaintiff repeats all the preceding paragraphs and incorporate them by reference as if copied verbatim. 12. Defendant well knew that the civil petition it filed was falsely made, and defendant procured such action for the purpose of coercing plaintiffs into settling a civil dispute between plaintiffs and defendant. 13. The process that defendant obtained and used against plaintiffs as described in the foregoing paragraphs was illegal, improper and a perverted use of that process: the ulterior purpose and motivation in using the process resulted to damages to plaintiff, including financial loss or/and actual interference with plaintiffs person. 14 Since defendant's action was done with malicious intent exemplary damages is being sought as part of plaintiff's compensation. 4 4 Original Petition Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park RETALIATORY EVICTION 15 Plaintiffs repeat all the preceding paragraphs and incorporate them by reference as if copied in verbatim 16. Defendant's relationship with plaintiffs deteriorated after defendant's employee and/or agent had an argument with plaintiffs. Specifically, after defendant filed the civil suit against plaintiff and requested that plaintiff move out prior to injunction hearing, plaintiff flatly told defendants that plaintiff would not move because plaintiff had not done anything. After Defendant lost Injunction hearing, one of defendant agent had word with plaintiff and was not happy that plaintiff would not be restrained from coming to the property the subject of this lawsuit The spouse of that agent of defendant was not happy that plaintiff exchanged words with his spouse and vowed to use another way to get rid of plaintiff. Subsequently, defendant commenced an eviction proceeding in the Justice of the Peace court with the same set of fact as in the district court which defendant ultimately lost The above conduct of defendant amount to statutory retaliatory eviction by defendant which is prohibited by law. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 17. The malicious conduct of the defendant, as described in the preceding paragraphs, was extreme and outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, as to be regarded as atrocious and utterly intolerable in a civilized community. Defendant's conduct proximately caused plaintiffs to suffer severe emotional distress and anguish, for which she now sues. Said outrageous conduct was done without privilege, permission or consent. 5 Original Petition 5 Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park INVASION OF PRIVACY 18. Pursuant to Texas state law, plaintiff pleads a cause of action against defendant for invasion of privacy. The allegations contained in all of the paragraphs of this petition are hereby reaverred and realleged for all purposes and incorporated herein with the same force and effect as if set forth verbatim. 19. Defendant intentionally invaded plaintiffs mental: solitude, seclusion, and privacy and plaintiff's physical solitude, seclusion, and privacy by intentionally: by continually berating and harassing plaintiffs through all possible means within the reach of defendant. 20 Defendant intended such acts and comments forthe purpose of invading the plaintiff's privacy. Said acts and comments were offensive, embarrassing, objectionable, and unreasonably invaded the privacy of the plaintiff and would have offended any reasonable person. 21 Said acts were made without consent, permission or privilege. As a direct and proximate result of said acts, plaintiff has suffered and will suffer past, present and future severe mental distress and anguish. 6 Original Petition 6 Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park BREACH OF CONTRACT OF QUITE ENJOYMENT 22 Plaintiff repeats all the preceding paragraphs and incorporate them herein as if copied in verbatim 23 Defendant's action amount to breach of contract of quite enjoyment. Plaintiffs sustained both economic and emotional injuries as a result of that. Plaintiffs demand that she be compensated accordingly. On July 131h, 2000, plaintiff vacated the premises covered by the above rental agreement, surrendering possession to defendant. Plaintiff complied with all terms, conditions, and covenants of the rental agreement, and, in particular notified defendant on or about June 12th, 2000, before the move out date, that the apartment would be vacated on or before July 12'\ 2000, sending such notice to defendant's manager on the premises. JURY DEMAND 24. Defendants demand that this court empanel a lawful jury to hear this case. RESERVATION OF RIGHTS 25. Defendants specifically reserves the right to bring additional causes of action against plaintiff and to amend this petition as necessary. 26. REQUEST FOR REPORTER Pursuant to Section 52.046 of Texas Government Code, plaintiff requests that a court reporter attend all sessions of court in conjunction with this matter in order to transcribe any proceedings herein. 7 Original Petition 7 Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park PUNITIVE DAMAGES 27. As a consequence of the foregoing clear and convincing facts and the willful and malicious nature of the wrongs committed against the plaintiff, which damaged her, plaintiff is entitled to exemplary damages in excess of the minimum jurisdictional limit of this court. Plaintiffs specifically asks for punitive damage in the amount of three hundred and fifty thousand dollars or more. Plaintiffs also request for a compensatory damages in the amount of one hundred and eighty dollars. ATTORNEY'S FEES 28. It has become necessary to employ a counsel to bring suit on this transaction because of defendant's refusal to comply with the provisions of the contract. Plaintiff is entitled to attorney's fees pursuant to the contract, section 38.001 et al of Civil Practice and Remedies Code, Property Code and/or Common Law and implied and/or explicit agreement between the parties. By reason of the above and foregoing, plaintiff is entitled to recover attorney's fees in the sum that is reasonable in relation to the amount of work expended. In this regard, plaintiff will show that the attorney whose name is subscribed to this pleading has been employed to assist plaintiff in the prosecution of this action. For work expended in the preparation and trial of this cause, reasonable fee for plaintiffs attorney is $250.00 per hour. In the event of an appeal to the court of Appeal, plaintiff would be further entitled to $300.00 per hour as a reasonable attorney's fee, and in the event of an appeal to the supreme Court, plaintiff would be entitled to an additional sum of$350.00 per hour as a reasonable attorney's fee. 8 Original Petition 8 Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park Therefore in addition to the above, Plaintiff will seeks all the reasonable and necessary attorneys fees in this case which include following: (a)Preparation and trial ofthis lawsuit; $15,500.00 and (b) Post-trial, pre-appeal legal services, $3,500.00 and (c) An appeal to the court of appeals; $7,000.00 and (d) Making or responding to an application for writ of error to the Supreme Court of Texas; $5000.00 and (e) An appeal to the Supreme Court of Texas in the event application for writ of error is granted; $4,500.00 and (f) Post judgment discovery and collection in the event execution on the judgment is necessary 29. PRAYER/DEMAND FOR RELIEF: WHEREFORE, PREMISES CONSIDERED, Plaintiffs are requesting that defendant be cited to appear and answer, and that on final hearing, defendant be ordered as authorized by property code, Real Estate code and other relevant statues and common law to pay to plaintiff all damages within the jurisdictional limit of the court with all pre-judgment and post judgment interest as allowed by law including, but not limited to punitive, exemplary , compensatory damages as plead by plaintiff. Respectfully submitted, LAW OFFICES OF VINCENT & ASSC. 2730 N.Stemmons Frwy Suite #409 Dallas, Texas 75207 Tel: (214) 638-5930 Fax: (214) 634-03:::0::..2----= ~ .~ce:: ~:€ Email: vincente_office@yahoo.com ATTORNEY FOR PLAINTIFF 9 Original Petition 9 Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park FILED DALLAS COUNTY 5/16/2014 3:21 :25 PM GARY FITZSIMMONS DISTRICT CLERK DC-14-05267 Pointer Tonya CAUSE N O . - - - - - - - - SANDY LAKE RV PARK § IN THE DISTRICT COURT PLAINTIFF § § vs. § _ _ JUDICIAL DISTRICT § DAVID YOUNG, LISA YOUNG, § MARLIN YOUNG AND MARIA § YOUNG, § DEFENDANTS § DALLAS COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF l. Plaintiff, Sandy Lake RV Park, hereinafter "the Park or Movant" file this Original Petition and Application for Temporary Restraining Order against Defendants, David Young, Lisa Young, and alleges as follows: DISCOVERY-CONTROL PLAN 2. Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.4 and affirmatively pleads that this suit is not governed by the expedited-actions process in Texas Rule of Civil Procedure 169 because it seeks injunctive relief. PARTIES 3. Plaintiff, Sandy Lake RV Park, is a business in Collin County, Texas. 4. Defendants, David Young, Lisa Young, Marlin Young and Maria Young, are individuals and may be served with process at Defendants' usual place of abode located at 1915 Sandy Lake Rd. Carrollton, Texas 75006, Mobile Home 2. JURISDICTION 5. The Court has subject-matter jurisdiction over the lawsuit under Texas Law. VENUE 6. Venue is proper in Dallas County under Texas Civil Practice and Remedies Code section PLAIN"lf~f=~~TON AND APPLICATION FOR TEMPORARY RESTRAINING ORDER , Page 11 # A Original Petition ~Jit,J; Maria Young vs. Carefree Resorts d/b/a Sandy Lake Rv Park 1:FI 10 15.002 because all or a substantial of the events or omissions giving rise to the claim occurred in Collin County, Texas and Defendants reside in Collin County, Texas. FACTS 7. This incident involves multiple terroristic threats and assaults of employees of the Sandy Lake RV Park in Dallas, Texas. The incidents giving rise to the need for emergency relief occurred within the last forty eight hours. 8. On May 14, 2014, David Young was arrested for Terroristic Threat and Assault by Bodily Contact. On this date, David Young was a resident of Mobile Home 2 at the Sandy Lake RV Park. David Young threatened an employee of the park claiming that he would burn the employee's mobile home to the ground and then physically assaulted the employee. Law enforcement was contacted and the police arrested David Young who continues to remain in the custody oflaw enforcement. Jn fact, he has been referred for a psychiatric evaluation because of his conduct. See Exhibit A and B. 9. Previous to the May 14, 2014 incident, the Park has documented incidents involving David Young. 10. On April 24, 2014, David Young was witnessed destroying Park property and yelling profanity at his sister. See Exhibit C. II. On April 25, 2014, a guest was confronted by Lisa Young who appeared to be under the influence of drugs and who repeatedly asked for money. See Exhibit D. 12. On April 27, 2014, Lisa Young was seen walking around with a bong and asking guests and others for money to buy marijuana. See Exhibit E. 13. On April 27, 2014, David Young slapped Lisa Young in the face and the police were called. See Exhibit F. PLAINTIFF"S ORIGINAL PETITION AND APPLICATION FOR TEMP• llton, Texaa 75006 or coming within 300 yards of the Sandy Lake RV Park and Sandy Lake Park. IT IS ORDERED that a bond in the amount of$ /OO is required of Movant, and the clerk of this Court shall, on the filing by Movant of a proper bond in that amount, with good and · sufficientsurety, issue a Writ of Injunction in conformity with the terms of this Temporary Restraining Order. ·;~· .·.· ··~t. IT IS ORDERED that this restraining order is effective immediately and shall continue in ' ;· j force and effect until further order of this Court or until it expires by operation oflaw. . 0 -~ IT IS ORDERED that this restraining order shall be binding on ~D~·_eR,_,.,.,._J_.,,.._r~j-, on A\.,(•r Risk agents, attorneys, servants, and employees, and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise. IT IS ORDERED that the hearing on the Temporary Injunction requested by Sandy Lake RVPark,issetfor 1i:J/VJ1 °t ~O/fr ,at /0'3;:.. o'clock, _fl..m., in the courtroom of the I 'I.)""- °'5~f court in Dallaa County, Texas to detennine whether, during the pendency of this case: TEMPORARY RESTRAINING ORDER Page 12 Original Petition 24 Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake Rv Park ·-1 .. i' .. a. b. The Temporary Restraining Order should be made a temporary injwtction. The other relief requested in the Temporary lnjwtctionsbo~ted. 7 )!{11114-[) '('/1'fl/ ro\f PRES~ .. ~ \"."~'l-f"' I ~· . -~ ·• '' ' ·- .. ' ~::_, :"''--,,:- , .. ,.' TEMPORARY RESTRAINING ORDER . Page 13 Original Petition 25 Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake Rv Park I i . 000972 CAUSE NO. DC-14-05267 533L SANDY LAKE RV PARK § IN THE DISTRICT COURT § Plaintiff, § I I ft § § DALLAS COUNTY, TEXAS § I DAVID YOUNG, LISA YOUNG, § MARLIN YOUNG AND MARIA YOUNG § § Defendants. § . l93n1 JUDICIAL DISTRICT I. ORDER ON PLAINTIFF'S TEMPORARY INJUNCTION Counsel appearing for Sandy Lake RV Park ("Plaintiff'), Casey S. Erick. Counsel I appearing for Lisa Young, Maria Young and Marlin Young, ("Defendants"), Vincent Ndukwe. i On June 10, 2014, came on for hearing Plaintiffs request for a Temporary Injunction. I The Court, having considered the pleadings, evidence, and arguments of counsel, finds that a Temporary Injunction is not necessary and equitable for the protection of the rights of the parties and fur the safety and welfare of the parties and for the preservation of property as requested by the Plaintiff. IT IS THEREFORE ORDERED that Plaintiffs request for a Temporary Injunction is hereby DENIED. SIGNED this 10th day of June, 2014. Pl::AINfiFF EXHIBIT ft- c OBDER ON PLAINTIFF'S TEMPORARY !NJUNQJON-Page I Original Petition 26 Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake Rv Park CASE. NO. JE 14-51405A Sandy ' Lake RV Park IN THE JUSTICE COURT Plaintiff ' § PRECINCT 3, PLACE 1 vs. § DALLAS COUNTY, TEXAS Marlin Young & § Maria Young Defendant JUDGMENT by Jury On the 9th day of July, 2014, a hearing was held by this Court. The Plaintiff and the Defendant(s) appeared in person and announced ready for trial; and, a jury having been demanded, thereupon came a jury of good and lawful persons, qualified jurors of said county, who, being duly impaneled and sworn, upon their oaths do say by their verdict that they find that the Plaintiff failed to meet their burden, it is therefore; ORDERED, ADJUDGED AND DECREED by this Court that Plaintiff take nothing of the Defendant(s). All relief not expressly granted herein is denied. SIGNED on this 9"' day of July, 2014. ai~--- JUDGE PRESIDI ~ PLAINTIFF EXHIBIT t•_.::::.D:.----- Original Petition 27 Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake Rv Park 534-L 001255 DC-14-05267 SANDY LAKE RV PARK IN THE DISTRICT COURT vs. l93Ro JUDICIAL DISTRICT DAVID YOUNG, et al DALLAS COUNTY TEXAS DISMISSAL ORDER The Court FINDS the following (checked off as apply): D The Court had been informed that all matters in dispute in this cause between and/or among all parties have been settled and compromised, and the Court previously issued a Notice oflntent to Dismiss without prejudice if a final Order I Judgment was not submitted to the Court for signature within the requisite amount of time. The requisite time has passed, and the aforementioned papers have not been delivered to the Court. D The Part(ies) seeking affirmative relief were previously Ordered to appear for final trial of this cause on the date set forth in the Trial Notice I Scheduling Order, and said Part(ies) failed to appear for final trial of this cause. ).(" The Court had previously ordered the Parties to attend a Status Conference in this cause, .r ;;ifu the Notice of Status Conference indicating therein that, if the Parties failed to appear, the case could be dismissed without prejudice. The Parties failed to appear at the duly noticed Status Conference. D The Court had previously issued a Notice of Initial Dismissal Hearing, setting a date by which the Petition must be served, or the case would be dismissed without prejudice. Plaintiff failed to appear at the hearing, and failed to obtain service on the Defendant and/or obtain a proper default against the Defendant by said date. As a result of the foregoing, pursuant to the Texas Rules of Civil Procedure, the Local Rules of the Civil Courts of Dallas County, and the Court's inherent authority, this cause is hereby DISMISSED without prejudice, with costs taxed against the party incurring the same. SIGNED this 912912014 PLAINTIFF EXHIBIT The Honorable Carl Ginsberg # £, J93rd Judicial District Court 1 Original Petition 28 Maria Young vs. CarefreeRv Resorts Inc d/b/a Sandy Lake Rv Park