Preview
Electronically Filed
5/28/2019 6:36 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2351-19-D
CAUSE NO.
GARCIA’S QUALITY FRUIT & IN THE DISTRICT COURT
PRODUCE, LLC
Plaintiff,
Vv JUDICIAL DISTRICT
CHRIS DAMON, JOHN MEENA,
JOSE GARCIA, EACH
INDIVIDAULLY AND D/B/A
PRODUCE CONNECTION, INC.
Defendants. HIDALGO COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
NOW COMES Plaintiff GARCIA QUALITY FRUIT & PRODUCE, LLC,
complaining of Defendants CHRIS DAMON, JOHN MEENA, JOSE GARCIA, EACH
INDIVIDUALLY AND D/B/A PRODUCE CONNECTION INC., and for cause of action
would show the Court the following:
DISCOVERY CONTROL PLAN
1. As provided in Rule 190, Texas Rules of Civil Procedure, Plaintiff intends to
conduct discovery under Level 2.
PLAINTIFF
2. This Petition is filed by GARCIA QUALITY FRUIT & PRODUCE, LLC, Plaintiff,
a limited liability company whose address is 600 Toronto Avenue, Apt. 15, McAllen,
Texas 78503.
DEFENDANTS
3. This Court has jurisdiction over CHRIS DAMON, INDIVIDUALLY AND D/B/A
PRODUCE CONNECTION, INC. because said Defendant maintains his business at
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Electronically Filed
5/28/2019 6:36 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2351-19-D
501 Don Hugo Drive, Edinburg, Texas 78542 and Service of said Defendant can be
effected by personal delivery at said address or wherever he may be found.
4. This Court has jurisdiction over JOHN MEENA, INDIVIDUALLY AND D/B/A
PRODUCE CONNECTION, INC. because said Defendant maintains his business at
501 Don Hugo Drive, Edinburg, Texas 78542 and Service of said Defendant can be
effected by personal delivery at said address or wherever he may be found.
5. This Court has jurisdiction over JOSE GARCIA, INDIVIDUALLY AND D/B/A
PRODUCE CONNECTION, INC. because said Defendant maintains his business at
501 Don Hugo Drive, Edinburg, Texas 78542 and Service of said Defendant can be
effected by personal delivery at said address or wherever he may be found.
VENUE
6. Venue is proper in this county in that the events giving rise to this cause of
action occurred within Hidalgo County.
J URISDICTION
7. The damages sought in this suit are within the jurisdictional limits of the Court.
As required by Rule 47, Texas Rules of Civil Procedure, Plaintiff states that Plaintiff
seeks monetary relief over $1,000,000.
NOTICE OF CLAIM
8. Plaintiff delivered written notice of this claim to Defendants, by and through
JOSE GARCIA, INDIVIDUALLY AND D/B/A PRODUCE CONNECTION, INC., in
reasonable detail of the specific complaint made the subject of this action and the
amount and nature of the damages and expenses sought.
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Electronically Filed
5/28/2019 6:36 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2351-19-D
FACTS
9. GARCIA’S QUALITY FRUIT & PRODUCE, LLC sold to CHRIS DAMON,
JOHN MEENA, JOSE GARCIA, and PRODUCE CONNECTION, INC. produce (i.e.
fruits and vegetables).
10. GARCIA FRUIT AND PRODUCE LLC has fully performed all obligations
under the agreement.
BREACH OF CONTRACT
11. Facts. Defendants entered into an agreement with Plaintiff for the purchase
of Plaintiff's produce and agreed to pay Plaintiff for the purchase.
12. Default Defendants defaulted in paying the debt. There is currently due the
sum of $2,470,472.00, plus accrued interest as provided by law. Plaintiff has demanded
that Defendants pay this debt, but Defendants have not done so.
13. Conditions Precedent. All conditions precedent have been performed or
have occurred.
FRAUDULENT INDUCEMENT
In addition to all other facts stated herein, Plaintiff would show the Court the
following:
14. Defendants agreed to pay for fruits and produce they ordered and sold.
15. The above described statements and representations were material and
were made knowing that they were false when made or they were made recklessly
without regard for their truth.
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Electronically Filed
5/28/2019 6:36 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2351-19-D
16. The above described statements and representations were made with the
intent that Plaintiff rely on them and Plaintiff did rely on them when entering into the
agreement.
17. As a result of Defendants' fraud, Plaintiff has been damaged, for which
Plaintiff requests judgment.
FRAUD
In addition to all other facts stated herein, Plaintiff would show the Court the
following:
18. Defendants agreed to pay Plaintiff for the purchase but Defendants have not
done so.
19. The above described statements and representations were material and
were made knowing that they were false when made or they were made recklessly
without regard for their truth. Additionally, such representations were made knowing that
Plaintiff was not aware of such facts and did not have an equal opportunity to discover
the truth. Defendants’ conduct was an abuse of the trust and confidence Plaintiff had
placed in Defendants.
20. The above described statements and representations were made with the
intent that Plaintiff rely on them and Plaintiff did rely on them when entering into the
contract.
21. As a result of Defendants' fraud, Plaintiff has been damaged, for which
Plaintiff requests judgment.
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Electronically Filed
5/28/2019 6:36 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2351-19-D
DECLARATORY RELIEF
22. As provided in Section 37.004, Texas Civil Practices and Remedies Code,
Plaintiff asks the Court to rendera declaratory judgment declaring the contract valid.
LIQUIDATED DAMAGES
23. The agreement provided Delivery and possession of fruits and produce.
Plaintiff therefore requests an award of liquidated damages as specified for in the
agreement in the amount of $2,470,472.00, for which Plaintiff requests judgment.
ECONOMIC DAMAGES
24. As a result of Defendants' conduct, Plaintiff suffered economic damages as
defined in Section 41.001, Texas Civil Practice and Remedies Code in the amount of
$2,470,472.00, for which Plaintiff requests judgment.
ATTORNEY’S FEES AND COSTS
25. Plaintiff requests judgment for reasonable attorney's fees and costs under
Sections 37.009 and 38.001, Texas Civil Practice and Remedies Code.
ALTERNATIVE PLEADINGS
26. As provided in Rule 48, Texas Rules of Civil Procedure, claims for relief
made in this petition are presented in the alternative when necessary to preserve such
claim.
REQUEST FOR DISCLOSURE
27. As provided in Rule 194, Texas Rules of Civil Procedure, Plaintiff requests
disclosure of all items listed in Rule 194.2, Texas Rules of Civil Procedure.
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Electronically Filed
5/28/2019 6:36 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2351-19-D
PRAYER
Plaintiff prays that citation be issued commanding Defendants to appear and
answer herein and that Plaintiff be awarded judgment against Defendants, jointly and
severally, for the relief requested herein and for all other relief to which Plaintiff is
entitled both in equity and at law.
Respectfully submitted,
LAW OFFICE OF ROLANDO CANTU
1111 W. Nolana Avenue
McAllen, Texas 78504
isi Kolanude Cauta
ROLANDO CANTU
Texas Bar No: 00789201
Tel: (956) 687-5777
Fax: (956) 435-7238
Email: rcantu@cantulawfirm.com
Attorney for Plaintiff
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Preview
Electronically Filed 5/28/2019 6:36 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2351-19-D CAUSE NO. GARCIA’S QUALITY FRUIT & IN THE DISTRICT COURT PRODUCE, LLC Plaintiff, Vv JUDICIAL DISTRICT CHRIS DAMON, JOHN MEENA, JOSE GARCIA, EACH INDIVIDAULLY AND D/B/A PRODUCE CONNECTION, INC. Defendants. HIDALGO COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION NOW COMES Plaintiff GARCIA QUALITY FRUIT & PRODUCE, LLC, complaining of Defendants CHRIS DAMON, JOHN MEENA, JOSE GARCIA, EACH INDIVIDUALLY AND D/B/A PRODUCE CONNECTION INC., and for cause of action would show the Court the following: DISCOVERY CONTROL PLAN 1. As provided in Rule 190, Texas Rules of Civil Procedure, Plaintiff intends to conduct discovery under Level 2. PLAINTIFF 2. This Petition is filed by GARCIA QUALITY FRUIT & PRODUCE, LLC, Plaintiff, a limited liability company whose address is 600 Toronto Avenue, Apt. 15, McAllen, Texas 78503. DEFENDANTS 3. This Court has jurisdiction over CHRIS DAMON, INDIVIDUALLY AND D/B/A PRODUCE CONNECTION, INC. because said Defendant maintains his business at Page 1 of6 Electronically Filed 5/28/2019 6:36 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2351-19-D 501 Don Hugo Drive, Edinburg, Texas 78542 and Service of said Defendant can be effected by personal delivery at said address or wherever he may be found. 4. This Court has jurisdiction over JOHN MEENA, INDIVIDUALLY AND D/B/A PRODUCE CONNECTION, INC. because said Defendant maintains his business at 501 Don Hugo Drive, Edinburg, Texas 78542 and Service of said Defendant can be effected by personal delivery at said address or wherever he may be found. 5. This Court has jurisdiction over JOSE GARCIA, INDIVIDUALLY AND D/B/A PRODUCE CONNECTION, INC. because said Defendant maintains his business at 501 Don Hugo Drive, Edinburg, Texas 78542 and Service of said Defendant can be effected by personal delivery at said address or wherever he may be found. VENUE 6. Venue is proper in this county in that the events giving rise to this cause of action occurred within Hidalgo County. J URISDICTION 7. The damages sought in this suit are within the jurisdictional limits of the Court. As required by Rule 47, Texas Rules of Civil Procedure, Plaintiff states that Plaintiff seeks monetary relief over $1,000,000. NOTICE OF CLAIM 8. Plaintiff delivered written notice of this claim to Defendants, by and through JOSE GARCIA, INDIVIDUALLY AND D/B/A PRODUCE CONNECTION, INC., in reasonable detail of the specific complaint made the subject of this action and the amount and nature of the damages and expenses sought. Page 2 of6 Electronically Filed 5/28/2019 6:36 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2351-19-D FACTS 9. GARCIA’S QUALITY FRUIT & PRODUCE, LLC sold to CHRIS DAMON, JOHN MEENA, JOSE GARCIA, and PRODUCE CONNECTION, INC. produce (i.e. fruits and vegetables). 10. GARCIA FRUIT AND PRODUCE LLC has fully performed all obligations under the agreement. BREACH OF CONTRACT 11. Facts. Defendants entered into an agreement with Plaintiff for the purchase of Plaintiff's produce and agreed to pay Plaintiff for the purchase. 12. Default Defendants defaulted in paying the debt. There is currently due the sum of $2,470,472.00, plus accrued interest as provided by law. Plaintiff has demanded that Defendants pay this debt, but Defendants have not done so. 13. Conditions Precedent. All conditions precedent have been performed or have occurred. FRAUDULENT INDUCEMENT In addition to all other facts stated herein, Plaintiff would show the Court the following: 14. Defendants agreed to pay for fruits and produce they ordered and sold. 15. The above described statements and representations were material and were made knowing that they were false when made or they were made recklessly without regard for their truth. Page 3 of6 Electronically Filed 5/28/2019 6:36 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2351-19-D 16. The above described statements and representations were made with the intent that Plaintiff rely on them and Plaintiff did rely on them when entering into the agreement. 17. As a result of Defendants' fraud, Plaintiff has been damaged, for which Plaintiff requests judgment. FRAUD In addition to all other facts stated herein, Plaintiff would show the Court the following: 18. Defendants agreed to pay Plaintiff for the purchase but Defendants have not done so. 19. The above described statements and representations were material and were made knowing that they were false when made or they were made recklessly without regard for their truth. Additionally, such representations were made knowing that Plaintiff was not aware of such facts and did not have an equal opportunity to discover the truth. Defendants’ conduct was an abuse of the trust and confidence Plaintiff had placed in Defendants. 20. The above described statements and representations were made with the intent that Plaintiff rely on them and Plaintiff did rely on them when entering into the contract. 21. As a result of Defendants' fraud, Plaintiff has been damaged, for which Plaintiff requests judgment. Page 4 of6 Electronically Filed 5/28/2019 6:36 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2351-19-D DECLARATORY RELIEF 22. As provided in Section 37.004, Texas Civil Practices and Remedies Code, Plaintiff asks the Court to rendera declaratory judgment declaring the contract valid. LIQUIDATED DAMAGES 23. The agreement provided Delivery and possession of fruits and produce. Plaintiff therefore requests an award of liquidated damages as specified for in the agreement in the amount of $2,470,472.00, for which Plaintiff requests judgment. ECONOMIC DAMAGES 24. As a result of Defendants' conduct, Plaintiff suffered economic damages as defined in Section 41.001, Texas Civil Practice and Remedies Code in the amount of $2,470,472.00, for which Plaintiff requests judgment. ATTORNEY’S FEES AND COSTS 25. Plaintiff requests judgment for reasonable attorney's fees and costs under Sections 37.009 and 38.001, Texas Civil Practice and Remedies Code. ALTERNATIVE PLEADINGS 26. As provided in Rule 48, Texas Rules of Civil Procedure, claims for relief made in this petition are presented in the alternative when necessary to preserve such claim. REQUEST FOR DISCLOSURE 27. As provided in Rule 194, Texas Rules of Civil Procedure, Plaintiff requests disclosure of all items listed in Rule 194.2, Texas Rules of Civil Procedure. Page 5 of6 Electronically Filed 5/28/2019 6:36 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2351-19-D PRAYER Plaintiff prays that citation be issued commanding Defendants to appear and answer herein and that Plaintiff be awarded judgment against Defendants, jointly and severally, for the relief requested herein and for all other relief to which Plaintiff is entitled both in equity and at law. Respectfully submitted, LAW OFFICE OF ROLANDO CANTU 1111 W. Nolana Avenue McAllen, Texas 78504 isi Kolanude Cauta ROLANDO CANTU Texas Bar No: 00789201 Tel: (956) 687-5777 Fax: (956) 435-7238 Email: rcantu@cantulawfirm.com Attorney for Plaintiff Page 6 of6