FILED

8/25/2016 3:54:43 PM CITPPS SAC3

Donna Kay McKinney
Bexar County District Clerk
Accepted By: Michelle Garcia

CAUSE NO. 2016CI14418

RONDA KENT, TN THE DISTRICT COURT

Plaintiff,

VS.
166 DISTRICT
CURTIS COATS, III AND TEXAS
DEPARTMENT OF MOTOR VEHICLES,
BEXAR COUNTY, TEXAS
Defendant.

PLAINTIFFS ORIGINAL PETITION

TO SAID HONORABLE COURT:

Now comes Ronda Kent, Plaintiff, complaining of Curtis Coats, III (Defendant), and

the Texas Department of Motor Vehicles (the DMV) and respectfully would show unto the

Court the following:

I. Discovery Level

1. Discovery will be conducted under Level 1 pursuant to Rule 190. et. seq., Texas Rules of

Civil Procedure.

2. The amounts sought by Plaintiff are within the jurisdictional limits of this Court. Plaintiff

seeks monetary relief of$100,000.00 or less.

II. Service

3. Ronda Kent, Plaintiff, is a resident of the State of Texas who reside in San Antonio,

Texas.

4. Curtis Coats, III, Defendant, maybe served with process at his place of residence, at

12832 Texas Sage Ct., Austin, Texas 78732.

5. The Texas Department of Motor Vehicles, a public agency, may be served by informal

process to be issued by counsel for the Plaintiff.

III. Jurisdiction and Venue

6. Jurisdiction is appropriate in this state and court because the contract is between residents

of the State of Texas in an amount in excess of the minimum jurisdictional requirements of this

Court. The DMV is a Texas agency, subject to the Courts jurisdiction. Venue is appropriate in

Bexar County under Texas Civil Practice & Remedies Code 15.035(a).
IV. Facts

7. On February 27, 2015, the Defendant signed a motor vehicle retail installment sales

contract (Contract) with Round Rock Kia (Kia) for the purchase of a 2012 Acura MDX

(Vehicle), in which the Defendant became indebted to Kia in the sum of 35,224.45.

8. As part of the same transaction mentioned above, on February 27, 2015, the Plaintiff co

signed the Contract with Kia for the purchase of the Vehicle and became a surety for the

purchase and debt of Defendant. Plaintiff guaranteed payment of the indebtedness in accordance

with the terms of the Contract between the Defendant and Kia.

9. Defendant neglected and failed to make payments according to the Contract.

10. Plaintiff has requested multiple times for Defendant to make the past due payments and

tried to make Defendant perform under his part of the Contract. Defendant has failed and

continues to fail to make payments and has disregarded Plaintiffs financial interests. Plaintiff

requests title to the Vehicle be transferred to Plaintiff and recover damages for Defendant

usurping Plaintiffs credit and other damages such as interest, court costs, and attorneys fees.
 V. Breach of Contract

11. Plaintiff incorporates the facts set herein without hereinafter setting forth the same

verbatim, and adopt such facts for the causes of action, claims and damages hereinafter set forth.

12. Plaintiff has an interest in the vehicle because it was only her co-signature and her good

credit that allowed Plaintiff to acquire the Vehicle. Plaintiff allowed Defendant to use her good

credit and acted as a surety so Defendant could use the car and pay for it.

13. On or about June 23, 2016, the sum of $604.51 became due and payable by the

Defendant to Kia. Despite demand for payment made by Kia, the Defendant failed and refused to

pay said amount, or any part of that amount.

14. On demand by Kia, pursuant to the Contract, the Plaintiff paid Kia in the sum of $604.51.

She then refinanced and paid off the Defendants contract and debt.

15. Defendant completely disregarded Plaintiffs personal interests and jeopardized and

damaged her credit by refusing and/or failing to keep the car payments current to the point that

Plaintiff was called upon to make seriously past due payments to avoid repossession and to avoid

further serious damage to her credit. As a surety required to pay the principals debt, Plaintiff is

entitled to the collateral for which she paid.

16. Plaintiff requests title to the Vehicle be transferred from Defendant to Plaintiff and

recover damages for Defendant usurping Plaintiffs credit and other damages such as interest,

court costs, and attorneys fees.

VI. The DMV

17. The DMV has been added as a nominal party in order that a restraint on title may be

placed on the Vehicle which will preserve and protect the Vehicle from being transferred by the

Defendant in order to further the illegal actions advanced on behalf of Defendant.

 VII. Equitable Relief

1$. In the alternative to monetary damages, Plaintiff seeks the equitable relief of transfer of

title to the Vehicle from Defendant to Plaintiff.

VIII. Request for Disclosure

19. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose,

within 50 days of the service of this request, the information or material described in Rule 194.2.

IX. Attorneys Fees

20. This suit, being founded upon contracts, entitled Plaintiff to recover, in addition to plaintiffs

claim and costs, reasonable attorneys fees, as provided in Sec. 38.003 et. seq., Texas Civil

Practice and Remedies Code. The Court may take judicial notice of the usual and customary

attorneys fees and the contents of the case file without receiving further evidence in this case

pursuant to Sec. 3 8.003 et. seq., Texas Civil Practice and Remedies Code.

X. Prayer

21. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to

appear and answer herein according to law, and that upon final hearing of this cause, Plaintiff

have and recover judgment of and from Defendants for the following:

a. Actual damages;

b. In the alternative to monetary damages, Plaintiff seeks the equitable relief of

transfer of title to Vehicle from Defendant to Plaintiff;

c. Pre-judgment and post-judgment interest at the maximum rate permitted by law;

d. Court costs;

e. Attorneys Fees; and

f. All other relief, both general and special, legal and equitable, to which Plaintiff is

entitled.

Respectfully submitted,

WARREN, DRUGAN & BARROWS, P.C.

Attorneys for Plaintiff
800 Broadway
San Antonio, Texas 78215
Phone: (210) 226-4131
Fax: (210) 224-6488
Email: sdrcuzanta;wdblaw.com

By:
SamDmganO6l362O

7
 CIVIL CASE INFORMATION SHEET

CAUSE NuNIBER (FOR CLERK USE ONLY): COURT (FOR CLERK USE ONLY):

STYLED Ronda Kent vs. Curtis Coats, Ill and Texas Department of Motor Vehicles
(e.g., John Smith v. Alt American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson)
A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental
health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at
the time of filing.
I. Contact information for person completing case information sheet: Names of parties in case: Person or entity completing sheet is:
Attomey for Plaintiff/Petitioner
Name: Email: Plaintiff(s)/Petitioner(s): DPro Se PlaintifGPetitioner
Dlitle lV-D Agency
Sam Drugan sdrugan@wdblaw.com Ronda Kent DOther: =

Address: Telephone:
Additional Parties in Child Support Case:
800 Broadway Street (210) 226-4131
Defendant(s)/Respondent(s): Custodial Parent:
City/State/Zip: Fax:
Curtis Coats, Ill and Texas Department
San Antonio, Texas 78215 (210) 224-6488
. Non-Custodial Parent:
of Motor Vehtcles
S re: StateBarNo:
) i
fc
()7 Presumed Father:

\ [Attach aditionat page as necessary to list att parties]

2. Indicate case type, or idefy the most important issue in the case (select only 1):
/ Civil family Law
/ Post-judgment Actions
,Contract Injury or Damage Real Property Marriage Relationship (non-Title IV-D)
Debt/Contj1act Assault/Battety DEminent Domain/ flAnnulment flEnforcement
,,
fiConstruction Condemnation fiDeclare Marriage Void fiModificationCustody
DebtIContract QDefamation fiPartition Divorce fiModificationOther
fiFraud/Misrepresentation MIalpractice OQuiet Title DWith Children Title IVD
flOther Debt/Contract: DAccounting fiTrespass to Try Title fiNo Children flEnforcement/Modification
DLegal DOther Property: DPatemity
Foreclosure fiMedical DReciprocals (UIfSA)
DHorne EquityExpedited DOther Professional fiSupport Order
DOther Foreclosure Liability:
QFranchise Related to Criminal
C Insurance fiMotor Vehicle Accident Matters Other Family Law Parent-Child Relationship
CLandlord/Tenant QPremises flExpunction DEnforce Foreign flAdoption/Adoption with
fiNon-Compelition Product Liabili DJudgment Nisi Judgment Termtnation
C Partnership flAsbestos/Silica fiNon-Disclosure DHabeas Corpus fiChild Protection
DOther Contract: QOther Product Liability DSeizure/forfeiture fiNarne Change DChtld Support
List Product: DWrit of Habeas Corpus fiProtective Order fiCustody or Visitation
Pre-indictment DRemova] of Disabilities fiGestational Parenting
flOther Injury or Damage: DOther: of Minority flGrandparent Access
DOther: DParentage/Paternity
flTenssination of Parental
Employment Other Civil Rtghts
COther Parent-Child:
fi Dtscrmmmnatton
. . . .
. . . . . .

DAdmintstrattve Appeal flLawyer Dtsctplmne

fi Retaliation flAntitrust/Unfair fiPerpetuate Testimony
fiTermination Competition fiSecurities/Stock
fi Workers Compensation fiCode Violations Dlortious Interference
Other Employment: fiForeign Judgment DOther:
Clntellectual Property

Tax Probate & Mental Health

Tax Appraisal Probate/Wills/Intestate Adnministratio,t flGuardianshipAdult
fiTax Delinquency fiDependent Administration fiGuardianshipMinor
EJther Tax tndependent Administration fiMental Health
fi Other Estate Proceedings flOther:

3. Indicate procedure or remedy, if applicable (may select more than 1):

DAppeal from Municipal or Justice Court flDeclamtoiy Judgment QPrejudgment Remedy
DArbitration-related QGamishment DProtective Order
DAttachment fllnterpleader DReceiver
DBi]l of Review ULicense DSequestration
UCertiorari UMandamus DTemporaty Restraining Order/Injunction
DClass Action UPost-judgment DTumover
4. Indicate damages sought (do not select ifit is a family law case):
BLess than S 100,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attomey fees
flLess than S 100,000 and non-monetary relief
DOver SI 00, 000 but not more than $200,000
DOver 5200,000 but not more than $1,000,000
DOver S 1,000,000