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FILED
DALLAS COUNTY
7/19/2018 6:41 PM
FELICIA PITRE
DISTRICT CLERK
DC-18-09448
Christi Underwood
CLEARWATER PROPERTIES, LLC § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § D-95
_____ JUDICIAL DISTRICT
§
BARON A. DODSON §
and GLENN ISHINO, §
§
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
J. EDWIN MARTIN
State Bar Number 13086200
3308 Oak Grove Avenue
Dallas, Texas 75204
Telephone: 469.223.5624
Facsimile: 214.747.6232
Email: jedwinmartin@yahoo.com
ATTORNEY FOR PLAINTIFF
CLEARWATER PROPERTIES, LLC
TABLE OF CONTENTS
Subject Matter Page
I. Discovery Level, Parties, Personal Jurisdiction,
Subject-Matter Jurisdiction, Forum, and Venue 1
II. Summary of the Case 2
III. Summary of the Facts 2
A. Description of the Contract and the Property 2
B. Any Actions and Claims Arising out of or Relating to
the Contract Are Not Matters Relating to
Probate Proceedings Under Section 31.002
of the Texas Probate Code 3
C. Notice of Encumbrance and Right to Purchase 3
D. Malfeasance Committed By Dodson and Ishino 4
IV. All Conditions Precedent Have Been Met or Excused 4
V. Causes of Action 4
Count 1
Breach of Contract 4
Count 2
Tortious Interference with Contract 5
Count 3
Conspiracy to Commit
Tortious Interference with Contract 6
Count 4
Promissory Estoppel 6
Count 5
Money Had and Received 7
Count 6
Breach of Fiduciary Duties 7
Count 7
Conversion 8
Count 8
Common Law Fraud 8
PLAINTIFF’S ORIGINAL PETITION - Page ii
Count 9
Negligent Misrepresentation 9
Count 10
Negligence 10
Count 11
Gross Negligence 10
Count 12
Equitable Reimbursement 11
Count 13
Suit to Quiet Title 11
Count 14
Accounting 12
Count 15
Joint and Several Liability 12
VI. Prayer 12
PLAINTIFF’S ORIGINAL PETITION - Page iii
TABLE OF AUTHORITIES
Authority Page
Statute
Tex. Civ. Prac. & Rem. Ch. 38 5, 11
Rules
Tex. R. Civ. P. 190 1
PLAINTIFF’S ORIGINAL PETITION - Page iv
PLAINTIFF’S ORIGINAL PETITION
Clearwater Properties, LLC (“Clearwater”) files this Original Petition (this “Petition”) against
Baron A. Dodson (“Dodson”) and Glenn Ishino (“Ishino”):
I.
Discovery Level, Parties, Personal Jurisdiction,
Subject-Matter Jurisdiction, Forum, and Venue
1. Clearwater desires to conduct discovery under Level 3 of Rule 190 of the Texas
Rules of Civil Procedure.
2. Clearwater is a Texas limited liability company that maintains its principal place of
business in Dallas County, Texas.
3. Dodson is an individual who may be served at:
A. 222 Shady Lane Drive, Fort Worth, Texas 76112-1550; or
B. 1044 Thistle Meade Circle, Burleson, Texas 76028-6795.
4. Ishino is an individual who may be served at 2625 East Illinois Avenue, Dallas,
Texas 75216.
5. This Court has personal jurisdiction over Dodson and Ishino because they are
residents of Texas.
6. This Court has subject-matter jurisdiction over this case because the relief sought is
within the jurisdictional limits of this Court. Specifically, Clearwater seeks monetary
relief over $1,000,000.00.
7. Texas is the proper forum because the Property (defined below) is located in Texas.
8. Venue is proper in Dallas County, Texas because:
A. a substantial part of the events or omissions giving rise to the causes
of action occurred in Dallas County, Texas;
B. Clearwater and Ishino maintain their principal place of business in
Dallas County, Texas; and
PLAINTIFF’S ORIGINAL PETITION - Page 1
C. the Property (defined below) is located in Dallas County, Texas, and
title to the Property is being adjudicated in this suit (making the venue
choice mandatory).
II.
Summary of the Case
Dodson and Ishino have committed multiple wrongdoings to deprive Clearwater of its rights to the
Property (defined below).
III.
Summary of the Facts
A.
Description of the Contract and the Property
1. Under one certain Commercial Contract-Improved Property, as amended (the
“Contract”), Clearwater is purchasing from Dodson certain real property (together
with related personal property) (the “Property”) commonly known as 2201 North
Garrett Avenue, Dallas, Texas 75206, and being more particularly described as:
Lots 1 and 2, Block C/1990, of V.S. Bowles Addition, an Addition to
the City of Dallas, Dallas County, Texas, According to the Map
thereof recorded in Volume 2, Page 247, of the Map Records of
Dallas County, Texas.
2. The Property includes:
A. all buildings, improvements, and fixtures;
B. all rights, privileges, and appurtenances pertaining to the Property,
including Dodson’s right, title, and interest in any minerals, utilities,
adjacent streets, alleys, strips, gores, and rights-of-way;
C. Dodson’s interest in all leases, rents, and security deposits for all or
part of the Property;
D. Dodson’s interest in all licenses and permits relating to the Property;
E. Dodson’s interest in all third-party warranties and guarantees, if
transferable, relating to the Property or any fixtures;
PLAINTIFF’S ORIGINAL PETITION - Page 2
F. Dodson’s interest in any trade names, if transferable, used in
connection with the Property; and
G. all Dodson’s tangible personal property located on the Property that
is used in connection with the Property’s operations.
B.
Any Actions and Claims Arising out of or Relating to
the Contract Are Not Matters Relating to
Probate Proceedings Under Section 31.002
of the Texas Probate Code
1. As Dodson admits, Dodson did not execute the Contract in a representative capacity
of the the Estate of Samuel O. Ohirhian (the “Estate”), so any actions and claims
arising out of or relating to the Contract are not matters relating to Probate
Proceedings under Section 31.002 of the Texas Probate Code.
2. Because:
A. Dodson did not execute the Contract in a representative capacity of
the Estate; and
B. any actions and claims arising out of or relating to the Contract are
not matters relating to Probate Proceedings under Section 31.002 of
the Texas Probate Code;
Dodson, as Seller, and Clearwater, as Buyer:
i. are not interested parties as defined by Section 22.018
of the Texas Probate Code; and
ii. lack standing in any Probate Proceedings.
C.
Notice of Encumbrance and Right to Purchase
1. Clearwater has given notice that:
A. the Contract encumbers the Property; and
PLAINTIFF’S ORIGINAL PETITION - Page 3
B. under the Contract, Clearwater has a right to purchase the Property,
and that right is superior to the rights of any other party to purchase
the Property.
D.
Malfeasance Committed By Dodson and Ishino
1. Dodson breached the Contract, and Dodson and Ishino committed torts in connection
with:
A. the Contract;
B. the Property; and
C. Clearwater’s rights.
2. To further his evil endeavors, Ishino engaged the same attorney and the same law
firm that Clearwater consulted in its endeavors to acquire the Property.
3. This suit seeks to hold Dodson and Ishino accountable for their malfeasance.
IV.
All Conditions Precedent Have Been Met or Excused
All conditions precedent to a recovery in this case have been met or excused.
V.
Causes of Action
Count 1
Breach of Contract
1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this
reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. The Contract is a valid and enforceable contract between Dodson and Clearwater.
4. As a party to the Contract, Clearwater is a proper party to sue on this valid and
enforceable contract, and, as a party to the Contract, Dodson is a proper party to be
sued on the Contract.
PLAINTIFF’S ORIGINAL PETITION - Page 4
5. Dodson failed to fulfill his duties under the Contract, and, while in default, Dodson
absconded with rental income, security deposits, and the like (the “Absconded Rent
and Security Deposits”).
8. The foregoing breaches of the Contract caused actual damages to Clearwater.
9. Under this Count, Clearwater:
A. sues Dodson for breach of contract; and
B. seeks a judgment against Dodson for actual damages, reasonable
attorney’s fees,1 and related expenses, according to proof and as
provided by law.
Count 2
Tortious Interference with Contract
1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this
reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. The Contract is a valid contract. Ishino willfully and intentionally interfered with the
Contract. That interference proximately caused injury to Clearwater (by furthering
Ishino’s scheme to deprive Clearwater of the benefit of its bargain to purchase the
Property, among other things). As a result, Clearwater suffered actual damages or
losses (because Clearwater has been deprived of:
A. the Absconded Rent and Security Deposits; and
B. the benefit of its bargain to purchase the Property).
4. Ishino acted in a manner that supports an award of exemplary damages.
5. Under this Count, Clearwater seeks a judgment against Ishino for actual and
exemplary damages, according to proof and as provided by law.
1
See Chapter 38 of the Texas Civil Practice and Remedies Code.
PLAINTIFF’S ORIGINAL PETITION - Page 5
Count 3
Conspiracy to Commit
Tortious Interference with Contract
1. Sections I, II, III, IV of this Petition are incorporated herein by this reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. The Contract is a valid contract. Dodson and Ishino willfully and intentionally
conspired to interfere with the Contract. That conspiracy to interfere proximately
caused injury to Clearwater (by furthering Ishino’s scheme to deprive Clearwater of
the benefit of its bargain to purchase the Property, among other things). As a result,
Clearwater suffered actual damages or losses (because Clearwater has been deprived
of:
A. the Absconded Rent and Security Deposits; and
B. the benefit of its bargain to purchase the Property).
4. Dodson and Ishino acted in a manner that supports an award of exemplary damages.
5. Under this Count, Clearwater seeks a judgment against Dodson and Ishino for actual
and exemplary damages, according to proof and as provided by law.
Count 4
Promissory Estoppel
1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater have relative to Dodson, Ishino, or any third party.
3. With regard to the Property, Dodson made promises to Clearwater. Clearwater
reasonably and substantially relied upon those promises to its detriment.
Clearwater’s reliance upon those promises was foreseeable by Dodson. Injustice can
be avoided by enforcing those promises.
PLAINTIFF’S ORIGINAL PETITION - Page 6
4. Under this Count, Clearwater sues Dodson for promissory estoppel. Clearwater
seeks a judgment for actual damages and reasonable attorney’s fees and related
expenses, according to proof and as provided by law.
Count 5
Money Had and Received
1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. With regard to the Absconded Rent and Security Deposits, Dodson holds money that,
in equity and good conscience, belongs to Clearwater.
4. Under this Count, Clearwater sues Dodson for money had and received. Clearwater
seeks a judgment for actual damages and reasonable attorney’s fees and related
expenses, according to proof and as provided by law.
Count 6
Breach of Fiduciary Duties
1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. With regard to the Absconded Rent and Security Deposits, Clearwater entrusted
Dodson with access to those funds. So entrusted, Dodson owes fiduciary duties to
Clearwater. Dodson breached those fiduciary duties by, among other things:
A. misappropriating the Absconded Rent and Security Deposits;
B. failing to account for the Absconded Rent and Security Deposits; and
C. failing to provide Clearwater with the benefit of the bargain to
purchase the Property.
4. These breaches caused actual damages to Clearwater.
5. Dodson acted in a manner that supports an award of exemplary damages.
PLAINTIFF’S ORIGINAL PETITION - Page 7
6. Under this Count, Clearwater seeks a judgment against Dodson for actual and
exemplary damages, according to proof and as provided by law.
Count 7
Conversion
1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. With regard to the Absconded Rent and Security Deposits, Dodson committed
conversion.
4. Clearwater owns the funds constituting the Absconded Rent and Security Deposits.
Dodson wrongfully exercised dominion and control over the foregoing. As a result,
Clearwater suffered actual damages.
5. Dodson acted in a manner that supports an award of exemplary damages.
6. Under this Count, Clearwater seeks a judgment against Dodson for actual and
exemplary damages, according to proof and as provided by law.
Count 8
Common Law Fraud
1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this
reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. In the course of misappropriating the Absconded Rent and Security Deposits and
failing and refusing to sell the Property to Clearwater, Dodson defrauded Clearwater
by, among other things, falsely representing his intentions with regard to:
A. properly safeguarding the Absconded Rent and Security Deposits;
B. accounting for the Absconded Rent and Security Deposits; and
C. providing Clearwater with the benefit of the bargain to purchase the
Property.
PLAINTIFF’S ORIGINAL PETITION - Page 8
4. These representations were material, false, and made with the intent that Clearwater
act thereon. When Dodson made the representations, he knew the representations
were false, or he made the representations recklessly, as a positive assertion, without
knowledge of the truth of the representations. Clearwater relied to its detriment on
these misrepresentations in its dealings with Dodson. As a result, Clearwater
suffered actual damages.
5. Dodson acted in a manner that supports an award of exemplary damages.
6. Under this Count, Clearwater seeks a judgment against Dodson for actual damages,
together with exemplary damages, according to proof and as provided by law.
Count 9
Negligent Misrepresentation
1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this
reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. Dodson made negligent misrepresentations to Clearwater, by, among other things,
misrepresenting to Clearwater, in the course of their business his intentions with
regard to:
A. properly safeguarding the Absconded Rent and Security Deposits;
B. accounting for the Absconded Rent and Security Deposits; and
C. providing Clearwater with the benefit of the bargain to purchase the
Property;
and Dodson supplied false information for the guidance of Clearwater regarding the
foregoing. Dodson did not exercise due care or competence in obtaining or
communicating the information, Clearwater justifiably relied thereon, and the
negligent misrepresentations proximately caused damages to Clearwater.
PLAINTIFF’S ORIGINAL PETITION - Page 9
4. Under this Count, Clearwater seeks a judgment against Dodson for actual damages,
according to proof and as provided by law.
Count 10
Negligence
1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this
reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. Dodson owed a legal duty of ordinary care to Clearwater with respect to:
A. properly safeguarding the Absconded Rent and Security Deposits;
B. accounting for the Absconded Rent and Security Deposits; and
C. providing Clearwater with the benefit of the bargain to purchase the
Property. Dodson breached that duty. That breach proximately
caused damages to Clearwater.
4. Under this Count, Clearwater seeks a judgment against Dodson for actual damages,
according to proof and as provided by law.
Count 11
Gross Negligence
1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this
reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. Dodson owed a legal duty of ordinary care to Clearwater with respect to:
A. properly safeguarding the Absconded Rent and Security Deposits;
B. accounting for the Absconded Rent and Security Deposits; and
C. providing Clearwater with the benefit of the bargain to purchase the
Property. Dodson breached that duty. That breach proximately
caused damages to Clearwater.
PLAINTIFF’S ORIGINAL PETITION - Page 10
Dodson breached that duty. That breach proximately caused damages to Clearwater.
4. In breaching her legal duty of ordinary care, Dodson was grossly negligent.
Therefore, Clearwater seeks exemplary damages.
5. Under this Count, Clearwater seeks a judgment against Dodson for actual damages,
together with exemplary damages, according to proof and as provided by law.
Count 12
Equitable Reimbursement
1. Sections I, II, III and IV of this Petition are incorporated herein by this reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. Clearwater seeks an equitable reimbursement from Dodson and Ishino; i.e., an
equitable claim for the total sum by which the Property has increased in value.
4. Such recovery is proper to avoid unjust enrichment.
5. Under this Count, :
A. sues Dodson and Ishino for equitable reimbursement; and
B. seeks a judgment against Dodson and Ishino for equitable relief in the
form of equitable reimbursement from Dodson and Ishino, plus
reasonable attorney’s fees and related expenses,2 according to proof
and as provided by law.
Count 13
Suit to Quiet Title
1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
2
Id.
PLAINTIFF’S ORIGINAL PETITION - Page 11
3. By their wrongful conduct, Dodson and Ishino created a cloud on Clearwater’s title
to the Property. This cloud has an adverse effect on Clearwater’s undisputed title to
its ownership of the Property, free and clear of all claims of Dodson and Ishino.
4. Under this Count, Clearwater seeks a judgment against Dodson and Ishino quieting
title (by removing the cloud on title), together with attorney’s fees and costs of court,
according to proof and as provided by law.
Count 14
Accounting
1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. Under this Count, Clearwater seeks an accounting from Dodson with regard to the
Absconded Rent and Security Deposits.
Count 15
Joint and Several Liability
1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference.
2. This Count is pleaded without waiver of any other cause of action, defense, or other
right Clearwater may have relative to Dodson, Ishino, or any third party.
3. Clearwater sues Dodson and Ishino for joint and several liability with respect to the
matters set forth in this Petition.
VI.
Prayer
For the reasons stated above, Clearwater prays that Dodson and Ishino be duly cited
to appear and answer, and that, upon final trial, Clearwater have a judgment against
Dodson and Ishino for:
1. actual damages, according to proof and as allowed by law;
2. other legal and equitable relief set forth above;
3. exemplary damages;
PLAINTIFF’S ORIGINAL PETITION - Page 12
4. prejudgment and post-judgment interest, according to proof and as allowed by law;
5. reasonable attorney’s fees and related expenses, according to proof and as allowed
by law;
6. costs of court; and
7. such other and further relief, general or special, at law or in equity, to which Plaintiff
may show itself to be justly entitled.
Respectfully submitted,
J. EDWIN MARTIN
By: /s/ J. Edwin Martin
J. Edwin Martin
State Bar Number 13086200
3308 Oak Grove Avenue
Dallas, Texas 75204
Telephone: 469.223.5624
Facsimile: 214.747.6232
Email: jedwinmartin@yahoo.com
Attorney for Plaintiff
Clearwater Properties, LLC
PLAINTIFF’S ORIGINAL PETITION - Page 13
Preview
FILED DALLAS COUNTY 7/19/2018 6:41 PM FELICIA PITRE DISTRICT CLERK DC-18-09448 Christi Underwood CLEARWATER PROPERTIES, LLC § IN THE DISTRICT COURT § Plaintiff, § § v. § D-95 _____ JUDICIAL DISTRICT § BARON A. DODSON § and GLENN ISHINO, § § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION J. EDWIN MARTIN State Bar Number 13086200 3308 Oak Grove Avenue Dallas, Texas 75204 Telephone: 469.223.5624 Facsimile: 214.747.6232 Email: jedwinmartin@yahoo.com ATTORNEY FOR PLAINTIFF CLEARWATER PROPERTIES, LLC TABLE OF CONTENTS Subject Matter Page I. Discovery Level, Parties, Personal Jurisdiction, Subject-Matter Jurisdiction, Forum, and Venue 1 II. Summary of the Case 2 III. Summary of the Facts 2 A. Description of the Contract and the Property 2 B. Any Actions and Claims Arising out of or Relating to the Contract Are Not Matters Relating to Probate Proceedings Under Section 31.002 of the Texas Probate Code 3 C. Notice of Encumbrance and Right to Purchase 3 D. Malfeasance Committed By Dodson and Ishino 4 IV. All Conditions Precedent Have Been Met or Excused 4 V. Causes of Action 4 Count 1 Breach of Contract 4 Count 2 Tortious Interference with Contract 5 Count 3 Conspiracy to Commit Tortious Interference with Contract 6 Count 4 Promissory Estoppel 6 Count 5 Money Had and Received 7 Count 6 Breach of Fiduciary Duties 7 Count 7 Conversion 8 Count 8 Common Law Fraud 8 PLAINTIFF’S ORIGINAL PETITION - Page ii Count 9 Negligent Misrepresentation 9 Count 10 Negligence 10 Count 11 Gross Negligence 10 Count 12 Equitable Reimbursement 11 Count 13 Suit to Quiet Title 11 Count 14 Accounting 12 Count 15 Joint and Several Liability 12 VI. Prayer 12 PLAINTIFF’S ORIGINAL PETITION - Page iii TABLE OF AUTHORITIES Authority Page Statute Tex. Civ. Prac. & Rem. Ch. 38 5, 11 Rules Tex. R. Civ. P. 190 1 PLAINTIFF’S ORIGINAL PETITION - Page iv PLAINTIFF’S ORIGINAL PETITION Clearwater Properties, LLC (“Clearwater”) files this Original Petition (this “Petition”) against Baron A. Dodson (“Dodson”) and Glenn Ishino (“Ishino”): I. Discovery Level, Parties, Personal Jurisdiction, Subject-Matter Jurisdiction, Forum, and Venue 1. Clearwater desires to conduct discovery under Level 3 of Rule 190 of the Texas Rules of Civil Procedure. 2. Clearwater is a Texas limited liability company that maintains its principal place of business in Dallas County, Texas. 3. Dodson is an individual who may be served at: A. 222 Shady Lane Drive, Fort Worth, Texas 76112-1550; or B. 1044 Thistle Meade Circle, Burleson, Texas 76028-6795. 4. Ishino is an individual who may be served at 2625 East Illinois Avenue, Dallas, Texas 75216. 5. This Court has personal jurisdiction over Dodson and Ishino because they are residents of Texas. 6. This Court has subject-matter jurisdiction over this case because the relief sought is within the jurisdictional limits of this Court. Specifically, Clearwater seeks monetary relief over $1,000,000.00. 7. Texas is the proper forum because the Property (defined below) is located in Texas. 8. Venue is proper in Dallas County, Texas because: A. a substantial part of the events or omissions giving rise to the causes of action occurred in Dallas County, Texas; B. Clearwater and Ishino maintain their principal place of business in Dallas County, Texas; and PLAINTIFF’S ORIGINAL PETITION - Page 1 C. the Property (defined below) is located in Dallas County, Texas, and title to the Property is being adjudicated in this suit (making the venue choice mandatory). II. Summary of the Case Dodson and Ishino have committed multiple wrongdoings to deprive Clearwater of its rights to the Property (defined below). III. Summary of the Facts A. Description of the Contract and the Property 1. Under one certain Commercial Contract-Improved Property, as amended (the “Contract”), Clearwater is purchasing from Dodson certain real property (together with related personal property) (the “Property”) commonly known as 2201 North Garrett Avenue, Dallas, Texas 75206, and being more particularly described as: Lots 1 and 2, Block C/1990, of V.S. Bowles Addition, an Addition to the City of Dallas, Dallas County, Texas, According to the Map thereof recorded in Volume 2, Page 247, of the Map Records of Dallas County, Texas. 2. The Property includes: A. all buildings, improvements, and fixtures; B. all rights, privileges, and appurtenances pertaining to the Property, including Dodson’s right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; C. Dodson’s interest in all leases, rents, and security deposits for all or part of the Property; D. Dodson’s interest in all licenses and permits relating to the Property; E. Dodson’s interest in all third-party warranties and guarantees, if transferable, relating to the Property or any fixtures; PLAINTIFF’S ORIGINAL PETITION - Page 2 F. Dodson’s interest in any trade names, if transferable, used in connection with the Property; and G. all Dodson’s tangible personal property located on the Property that is used in connection with the Property’s operations. B. Any Actions and Claims Arising out of or Relating to the Contract Are Not Matters Relating to Probate Proceedings Under Section 31.002 of the Texas Probate Code 1. As Dodson admits, Dodson did not execute the Contract in a representative capacity of the the Estate of Samuel O. Ohirhian (the “Estate”), so any actions and claims arising out of or relating to the Contract are not matters relating to Probate Proceedings under Section 31.002 of the Texas Probate Code. 2. Because: A. Dodson did not execute the Contract in a representative capacity of the Estate; and B. any actions and claims arising out of or relating to the Contract are not matters relating to Probate Proceedings under Section 31.002 of the Texas Probate Code; Dodson, as Seller, and Clearwater, as Buyer: i. are not interested parties as defined by Section 22.018 of the Texas Probate Code; and ii. lack standing in any Probate Proceedings. C. Notice of Encumbrance and Right to Purchase 1. Clearwater has given notice that: A. the Contract encumbers the Property; and PLAINTIFF’S ORIGINAL PETITION - Page 3 B. under the Contract, Clearwater has a right to purchase the Property, and that right is superior to the rights of any other party to purchase the Property. D. Malfeasance Committed By Dodson and Ishino 1. Dodson breached the Contract, and Dodson and Ishino committed torts in connection with: A. the Contract; B. the Property; and C. Clearwater’s rights. 2. To further his evil endeavors, Ishino engaged the same attorney and the same law firm that Clearwater consulted in its endeavors to acquire the Property. 3. This suit seeks to hold Dodson and Ishino accountable for their malfeasance. IV. All Conditions Precedent Have Been Met or Excused All conditions precedent to a recovery in this case have been met or excused. V. Causes of Action Count 1 Breach of Contract 1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. The Contract is a valid and enforceable contract between Dodson and Clearwater. 4. As a party to the Contract, Clearwater is a proper party to sue on this valid and enforceable contract, and, as a party to the Contract, Dodson is a proper party to be sued on the Contract. PLAINTIFF’S ORIGINAL PETITION - Page 4 5. Dodson failed to fulfill his duties under the Contract, and, while in default, Dodson absconded with rental income, security deposits, and the like (the “Absconded Rent and Security Deposits”). 8. The foregoing breaches of the Contract caused actual damages to Clearwater. 9. Under this Count, Clearwater: A. sues Dodson for breach of contract; and B. seeks a judgment against Dodson for actual damages, reasonable attorney’s fees,1 and related expenses, according to proof and as provided by law. Count 2 Tortious Interference with Contract 1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. The Contract is a valid contract. Ishino willfully and intentionally interfered with the Contract. That interference proximately caused injury to Clearwater (by furthering Ishino’s scheme to deprive Clearwater of the benefit of its bargain to purchase the Property, among other things). As a result, Clearwater suffered actual damages or losses (because Clearwater has been deprived of: A. the Absconded Rent and Security Deposits; and B. the benefit of its bargain to purchase the Property). 4. Ishino acted in a manner that supports an award of exemplary damages. 5. Under this Count, Clearwater seeks a judgment against Ishino for actual and exemplary damages, according to proof and as provided by law. 1 See Chapter 38 of the Texas Civil Practice and Remedies Code. PLAINTIFF’S ORIGINAL PETITION - Page 5 Count 3 Conspiracy to Commit Tortious Interference with Contract 1. Sections I, II, III, IV of this Petition are incorporated herein by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. The Contract is a valid contract. Dodson and Ishino willfully and intentionally conspired to interfere with the Contract. That conspiracy to interfere proximately caused injury to Clearwater (by furthering Ishino’s scheme to deprive Clearwater of the benefit of its bargain to purchase the Property, among other things). As a result, Clearwater suffered actual damages or losses (because Clearwater has been deprived of: A. the Absconded Rent and Security Deposits; and B. the benefit of its bargain to purchase the Property). 4. Dodson and Ishino acted in a manner that supports an award of exemplary damages. 5. Under this Count, Clearwater seeks a judgment against Dodson and Ishino for actual and exemplary damages, according to proof and as provided by law. Count 4 Promissory Estoppel 1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater have relative to Dodson, Ishino, or any third party. 3. With regard to the Property, Dodson made promises to Clearwater. Clearwater reasonably and substantially relied upon those promises to its detriment. Clearwater’s reliance upon those promises was foreseeable by Dodson. Injustice can be avoided by enforcing those promises. PLAINTIFF’S ORIGINAL PETITION - Page 6 4. Under this Count, Clearwater sues Dodson for promissory estoppel. Clearwater seeks a judgment for actual damages and reasonable attorney’s fees and related expenses, according to proof and as provided by law. Count 5 Money Had and Received 1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. With regard to the Absconded Rent and Security Deposits, Dodson holds money that, in equity and good conscience, belongs to Clearwater. 4. Under this Count, Clearwater sues Dodson for money had and received. Clearwater seeks a judgment for actual damages and reasonable attorney’s fees and related expenses, according to proof and as provided by law. Count 6 Breach of Fiduciary Duties 1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. With regard to the Absconded Rent and Security Deposits, Clearwater entrusted Dodson with access to those funds. So entrusted, Dodson owes fiduciary duties to Clearwater. Dodson breached those fiduciary duties by, among other things: A. misappropriating the Absconded Rent and Security Deposits; B. failing to account for the Absconded Rent and Security Deposits; and C. failing to provide Clearwater with the benefit of the bargain to purchase the Property. 4. These breaches caused actual damages to Clearwater. 5. Dodson acted in a manner that supports an award of exemplary damages. PLAINTIFF’S ORIGINAL PETITION - Page 7 6. Under this Count, Clearwater seeks a judgment against Dodson for actual and exemplary damages, according to proof and as provided by law. Count 7 Conversion 1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. With regard to the Absconded Rent and Security Deposits, Dodson committed conversion. 4. Clearwater owns the funds constituting the Absconded Rent and Security Deposits. Dodson wrongfully exercised dominion and control over the foregoing. As a result, Clearwater suffered actual damages. 5. Dodson acted in a manner that supports an award of exemplary damages. 6. Under this Count, Clearwater seeks a judgment against Dodson for actual and exemplary damages, according to proof and as provided by law. Count 8 Common Law Fraud 1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. In the course of misappropriating the Absconded Rent and Security Deposits and failing and refusing to sell the Property to Clearwater, Dodson defrauded Clearwater by, among other things, falsely representing his intentions with regard to: A. properly safeguarding the Absconded Rent and Security Deposits; B. accounting for the Absconded Rent and Security Deposits; and C. providing Clearwater with the benefit of the bargain to purchase the Property. PLAINTIFF’S ORIGINAL PETITION - Page 8 4. These representations were material, false, and made with the intent that Clearwater act thereon. When Dodson made the representations, he knew the representations were false, or he made the representations recklessly, as a positive assertion, without knowledge of the truth of the representations. Clearwater relied to its detriment on these misrepresentations in its dealings with Dodson. As a result, Clearwater suffered actual damages. 5. Dodson acted in a manner that supports an award of exemplary damages. 6. Under this Count, Clearwater seeks a judgment against Dodson for actual damages, together with exemplary damages, according to proof and as provided by law. Count 9 Negligent Misrepresentation 1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. Dodson made negligent misrepresentations to Clearwater, by, among other things, misrepresenting to Clearwater, in the course of their business his intentions with regard to: A. properly safeguarding the Absconded Rent and Security Deposits; B. accounting for the Absconded Rent and Security Deposits; and C. providing Clearwater with the benefit of the bargain to purchase the Property; and Dodson supplied false information for the guidance of Clearwater regarding the foregoing. Dodson did not exercise due care or competence in obtaining or communicating the information, Clearwater justifiably relied thereon, and the negligent misrepresentations proximately caused damages to Clearwater. PLAINTIFF’S ORIGINAL PETITION - Page 9 4. Under this Count, Clearwater seeks a judgment against Dodson for actual damages, according to proof and as provided by law. Count 10 Negligence 1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. Dodson owed a legal duty of ordinary care to Clearwater with respect to: A. properly safeguarding the Absconded Rent and Security Deposits; B. accounting for the Absconded Rent and Security Deposits; and C. providing Clearwater with the benefit of the bargain to purchase the Property. Dodson breached that duty. That breach proximately caused damages to Clearwater. 4. Under this Count, Clearwater seeks a judgment against Dodson for actual damages, according to proof and as provided by law. Count 11 Gross Negligence 1. Sections I, II, III, and IV of this Petition are incorporated into this Count by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. Dodson owed a legal duty of ordinary care to Clearwater with respect to: A. properly safeguarding the Absconded Rent and Security Deposits; B. accounting for the Absconded Rent and Security Deposits; and C. providing Clearwater with the benefit of the bargain to purchase the Property. Dodson breached that duty. That breach proximately caused damages to Clearwater. PLAINTIFF’S ORIGINAL PETITION - Page 10 Dodson breached that duty. That breach proximately caused damages to Clearwater. 4. In breaching her legal duty of ordinary care, Dodson was grossly negligent. Therefore, Clearwater seeks exemplary damages. 5. Under this Count, Clearwater seeks a judgment against Dodson for actual damages, together with exemplary damages, according to proof and as provided by law. Count 12 Equitable Reimbursement 1. Sections I, II, III and IV of this Petition are incorporated herein by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. Clearwater seeks an equitable reimbursement from Dodson and Ishino; i.e., an equitable claim for the total sum by which the Property has increased in value. 4. Such recovery is proper to avoid unjust enrichment. 5. Under this Count, : A. sues Dodson and Ishino for equitable reimbursement; and B. seeks a judgment against Dodson and Ishino for equitable relief in the form of equitable reimbursement from Dodson and Ishino, plus reasonable attorney’s fees and related expenses,2 according to proof and as provided by law. Count 13 Suit to Quiet Title 1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 2 Id. PLAINTIFF’S ORIGINAL PETITION - Page 11 3. By their wrongful conduct, Dodson and Ishino created a cloud on Clearwater’s title to the Property. This cloud has an adverse effect on Clearwater’s undisputed title to its ownership of the Property, free and clear of all claims of Dodson and Ishino. 4. Under this Count, Clearwater seeks a judgment against Dodson and Ishino quieting title (by removing the cloud on title), together with attorney’s fees and costs of court, according to proof and as provided by law. Count 14 Accounting 1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. Under this Count, Clearwater seeks an accounting from Dodson with regard to the Absconded Rent and Security Deposits. Count 15 Joint and Several Liability 1. Sections I, II, III, and IV of this Petition are incorporated herein by this reference. 2. This Count is pleaded without waiver of any other cause of action, defense, or other right Clearwater may have relative to Dodson, Ishino, or any third party. 3. Clearwater sues Dodson and Ishino for joint and several liability with respect to the matters set forth in this Petition. VI. Prayer For the reasons stated above, Clearwater prays that Dodson and Ishino be duly cited to appear and answer, and that, upon final trial, Clearwater have a judgment against Dodson and Ishino for: 1. actual damages, according to proof and as allowed by law; 2. other legal and equitable relief set forth above; 3. exemplary damages; PLAINTIFF’S ORIGINAL PETITION - Page 12 4. prejudgment and post-judgment interest, according to proof and as allowed by law; 5. reasonable attorney’s fees and related expenses, according to proof and as allowed by law; 6. costs of court; and 7. such other and further relief, general or special, at law or in equity, to which Plaintiff may show itself to be justly entitled. Respectfully submitted, J. EDWIN MARTIN By: /s/ J. Edwin Martin J. Edwin Martin State Bar Number 13086200 3308 Oak Grove Avenue Dallas, Texas 75204 Telephone: 469.223.5624 Facsimile: 214.747.6232 Email: jedwinmartin@yahoo.com Attorney for Plaintiff Clearwater Properties, LLC PLAINTIFF’S ORIGINAL PETITION - Page 13