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  • BONILLA, MELANIA ESTELA RIVERA vs. SHAFAII INVESTMENTS Other Property document preview
  • BONILLA, MELANIA ESTELA RIVERA vs. SHAFAII INVESTMENTS Other Property document preview
  • BONILLA, MELANIA ESTELA RIVERA vs. SHAFAII INVESTMENTS Other Property document preview
  • BONILLA, MELANIA ESTELA RIVERA vs. SHAFAII INVESTMENTS Other Property document preview
  • BONILLA, MELANIA ESTELA RIVERA vs. SHAFAII INVESTMENTS Other Property document preview
  • BONILLA, MELANIA ESTELA RIVERA vs. SHAFAII INVESTMENTS Other Property document preview
  • BONILLA, MELANIA ESTELA RIVERA vs. SHAFAII INVESTMENTS Other Property document preview
  • BONILLA, MELANIA ESTELA RIVERA vs. SHAFAII INVESTMENTS Other Property document preview
						
                                

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CAUSE NO - 2018 Melania Estela Rivera Bonilla In the District Court of Harris County, Texas Shafaii Investments, Ltd., Raj Shafaii, and Party and Reception Center, Inc. 113th Judicial District CAUSE NO. 2018 84533 Alfredo Hernandez, Mary In the District Court of Andrade, Margarita Angelino Trujillo, Maria Sanchez, Luz Anguillon, and Erica Pichardo Harris County, Texas Shafaii Investments, Ltd., Party and Reception Center, Inc., and Raj Shafaii 133rd Judicial District inal Judgment The Court has considered Plaintiffs Motion to Disregard Jury Findings and Motion for Entry of Judgment and the Court makes the following rulings: The case was tried to a jury, with the jury returning its verdict on June 2, 2021. The jury s findings are set forth inthe C arge of the Court, on file with the Court The Charge of the Court is incorporated herein reference The Court GRANTS Plaintiff Melania Estela Rivera s motion to disregard estion Number of the Court s Charge. It is therefore ORDERED that the jurys answer to Question Number of th Court s Charge is disregarded and set side. The Court declare , as a matter of law, that Defendants Shafaii Investments, Ltd. and Raj Shafaii collected or attempted to collect a charge, fee, or xpense that was expressly authorized by the parties agreement or otherwise legally chargeable to Plaintiff Bonilla. The Court GRANTS Plaintiff Margarita Angelino Trujillo s motion to disregard estion Number 16 of the Court s Charge. It is therefore ORDERED that the jurys answer to Question Number is disregarded and set side. The Court declare , as a matter of law, that Defendants Shafaii Investments and Raj Shafaii directly or indirectly engaged in debt collection with regard to Plaintiff Angelino. The Court GRANTS Plaintiff Bon s motion to disregard estion Number of the Court s Charge It is therefore ORDERED that t jury s answer to Question Number 20 of the Court s Charge is set aside and disregarded. The Court GRANTS Plaintiff Angelino s motion to disregard Question Number 22 of e Court s Charge It is therefore ORDERED that the jury s answer to Question Number 2 of the Court s Charge is set aside and disregarded. jury de affirmative findings in favor of Plaintiff Bonilla follows: Defendant Shafaii Investments agreed to insure or obtain insurance for Plaintiff Bonilla’s property (Question Number 1) efendant Shafaii Investments breached th agreement insure or obtain insurance for aintiff Bonilla’s property (Question Number Defendant Shafaii Investments and Raj Shafaii committed common law fraud and statutory fraud in their dealings with Plaintiff Bonilla (Question Numbers 3, 4, 5, and 6); Defendants Shafaii Investments and Raj Shafaii violated the Texas Deceptive Trade Practices Act by: (1) engaging in an unconscionable action or course of action that was a producing cause of Plaintiff Bonilla’s damages; (2) engaging in false, misleading, or deceptive acts that were a producing cause of Plaintiff Bonilla’s damages (Question Numbers 7, 8, 9, and 10 Defendants Shafaii Investments, Raj Shafaii, and Robert Kouts engaged in debt collection in their dealings with Plaintiff Bonilla (Question Number ); Defendants Shafaii Investments, Raj Shafaii, and Robert Kouts violated the Texas Debt Collection Act in their dealings with Plaintiff Bonilla by using threats, coercion, or attempts to coerce (Question Number and by using fraudulent, deceptive, misleading representations (Question Number Defendants Shafaii Investments and Raj Shafaii’s violations of the Texas Deceptive Trade Practices Act and Texas Debt Collection Act were committed knowingly (Question Number Plaintiff Bonilla was damaged in the amount of $14,000, which represents the reasonable and necessary cost to repair or replace Plaintiff Bonilla’s property following the 2015 flood (Question Number 19) Plaintiff Bonilla was damaged in the amount of $18,000 for the mental anguish caused by endant Shafaii Investments in the past (Question Number 19); Plaintiff Bonilla was damaged in the amount of $12,500 for the mental anguish caused by Defendan Raj Shafaii in the past (Question Number 19); Plaintiff Bonilla was damaged in the amount of $5,000 for the mental anguish caused by endant Robert Kouts in the past (Question Number 19); Defendant Shafaii Investments’ should pay Plaintiff Bonilla $21,000 in treble damages for its knowing violation of the Texas Deceptive Trade Practices Act and Texas Debt Collection Act (Question Number jury de affirmative findings in favor of Plaintiff Angelino follows: Defendant Shafaii Investments agreed to insure or obtain insurance for Plaintiff Angelino’s property (Question Number Defendant Shafaii Investments breached th agreement insure or obtain insurance for Plaintiff Angelino’s property (Question Number Defendants Shafaii Investments and Raj Shafaii committed common law fraud and statutory fraud in t r dealin with Plaintiff Angelino (Question Numbers 3, 4, 5, and 6); Defendan Shafaii Investments and Raj Shafaii violated the Texas Deceptive Trade Practices Act in their dealings with Plaintiff Angelino by: (1) engaging in an unconscionable action or course of action that was a producing cause of Plaintiff Angelino’s damages; (2) engaging in false, misleading, or deceptive acts that were a producing cause of Plaintiff Angelino’s damages (Question Numbers 7, 8, 9, and 10); Defendants Shafaii Investments and Raj Shafaii made a negligent misrepresentation that Plaintiff Angelino justifiably relied on (Question Number 11); Defendants Shafaii Investments and Raj Shafaii violated the Texas Debt Collection Act in their dealings with Plaintiff Angelino by using fair or unconscionable means e.g. collecting or attempting to collect interest or a charge, fee, or expense incidental to an obligation unless the interest or charge, fee, or expense was expressly authorized by the agreement creating the obligation or legally chargeable to Plaintiff Angelino (Question Number 17) Defendants Shafaii Investments and Raj Shafaii’s violations of the Texas Deceptive Trade Practices Act and Texas Debt Collection Act were committed knowingly (Question Number Plaintiff Angelino was damaged in the amou t of $20,000 which represents the reasonable and necessary cost to repair or replace Angelino’s property following the 201 flood (Question Number 21); Plaintiff Angelino was damaged in the amou t of $20,000 for the mental anguish caused by Shafaii Investments in the past (Question Number 21); Plaintiff Angelino was damaged in the amou t of $19,500 for the mental anguish caused by Raj Shafaii in the past (Question Number 21); Defendant Shafaii Investments’ should pay $21,000 for its knowing violation of the Texas Deceptive Trade Practices Act and Texas Debt Collection Act (Question Number 26) 10. The jury also awarded Plaintiff Bonilla attorney fees in the following amounts: (1) $75,000 for trial as to Defendants Shafaii Investments and Raj Shafaii; (2) $25,000 for trial as to Defendant Robert Kouts; $40,000 for representation through appeal to the court of appeals as to all Defendants; (4) $10,000 for representation at the petition for review stage in the Texas Supreme Court as to all Defendants; (5) $20,000 for representation at the merits briefing stage in the Texa Supreme Court as to all Defendants; and (6) $10,000 for representation through oral argument and the completion of proceedings in the Texas Supreme Court as to all Defendants (Question Number 27). The jury also awarded Plain Angelino attorney fees in the following amounts: (1) $ ,000 for trial as to Defendants Shafaii Investments and Raj Shafaii; (2) $40,000 for representation through appeal to the court of appeals as Defendants Shafaii Investments and Raj Shafaii $10,000 for representation at the petition for review stage in the Texas Supreme Court as Defendants Shafaii Investments and Raj Shafaii; ( ) $20,000 for representation at the merits briefing stage in the Texas Supreme Court as Defendants Shafaii Investments and Raj Shafaii; and ( ) $10,000 for representation through oral argument and the completion of proceedings in the Texas Supreme Court as Defendants Shafaii Investments and Raj Shafaii (Question Number 27). Court ders and declares that Plaintiff Bonill have and recover a judgment against Defendant Shafaii Investments for $32,000 in actual damages $21,000 in treble damages 13 Court ders and declares that Plaintiff Bonill have and recover a judgment against Defendant Raj Shafaii for $26,500 in actual damages 14 Court orders and declares that Plaintiff Bonilla have and recover a judgment against Defendants Shafaii I vestments and Raj Shafaii, jointly and severally, for $75,000 in attorney fees for trial, $40,000 in conditional attorney fees for an appeal to the court of appeals, and ,000 in conditional attorney fees for proceedings before the Texas Supreme Court. 15: urt ders and declares that Plaintiff Bonill have and recover a judgment against Defendants Shafaii Investments, Raj Shafaii, and t Kouts, jointly and severally, for an additional $5,000 in actual damages, and an additional 5,000 in attorney fees for trial, $40,000 in conditional attorney fees for an appeal to the court of appeals, and ,000 in conditional attorney fees for proceedings before the Texas Supreme Court. 16 urt ders and declares that Plain Angelino have and recover a judgment against Defendant Shafaii Investments for $40,000 in actual damages, and $21,000 in treble damages under the Texas Deceptive Trade Practices Act. 17: urt ders and declares that Plain Angelino have and recover a judgment against Defendant Raj aii for $39,500 in actual damages. 18 urt ders and declares that Plain Angelino have and recover judgment ainst Defendants Shafaii Investments and Raj Shafaii, jointly and several , for $50,000 in attorney fees for trial, $40,000 in conditional appellate fees for an appeal to the court of appeals, and $40,000 in conditional attorney fees for proceedings before the Texas Supreme Court. 19 The Court declare Defendants Shafaii Investments, Shafaii, and Kouts were debt collectors in their dealings with Plaintiff Bonilla Defendants Shafaii Investments, Shafaii, and Kouts are permanently enjoined and restrained from foreclosing on Plaintiff Bonillas rea property for any default that may have occurred _n or before June 2, endants hafaii Investments, Shafaii, and Kouts are permanently enjoined from falsely accusing Plaintiff Bonilla of fraud or any other crime in connection with her execution of the insurance dated October 19, 20 in the amount of $28,770.09 Defendants Shafaii Investments, Shafaii, and Kouts are permanently enjoined from collecting or attempting to collect late fees from Plaintiff Bonilla for any payments less than 10 days late. Defendants Shafaii Investments, Raj Shafaii, and Robert Kouts are permanently enjoined from misrepresenting the character, extent, or amount of any consumer debt allegedly owed by Plaintiff Bonilla. Defendants Shafaii Investments, Raj Shafaii, and Robert Kouts are permanently enjoined from representing that any consumer debt allegedly owed by Plain Bonilla may be increased by the addition of attorney fees, investigation fees, service fees, or other charges if a written contract or statute does not authorize the additional fees or charge. 25 Defendants Shafaii Investments, Raj Shafaii, and Robert Kouts are permanently enjoined from using any false representation or deceptive means to collect a debt from Plain Bonilla. The Court declare Defendants Shafaii Investments and Raj Shafaii Shafaii were debt collectors in their dealings with Plain Angelino 27. Defendants Shafaii Investments and Raj Shafaii are permanently enjoined from collecting or attempting to collect late fees from Plaintiff Angelino for any payments less than 10 days late. 28 Plaintiff Bonilla shall have and recover against prejudgment interest on all sums awarded in this judgment at the judgment rate of five percent per annum, beginning on February 5, 2018, and continuing until the date this Final udgment is signed. Plaintiff Bonilla shall have and recover post judgment interest on all sums awarded in this judgment at the judgment rate of five percent r annum, beginning the d y after this Final udgment is signed and continuing until all amounts awarded in this Final Judgment are paid. Plaintiff Angelino shall have and recover against prejudgment interest on all sums awarded in this judgment at the judgment rate of five percent per annum, beginning November 2 , 2018, and continuing until the date this Final udgment is signed. 31 Plaintiff Angelino shall have and recover post judgment interest on all sums awarded in this judgment at the judgment rate of five percent eran , beginning the d y after this Final udgment is signed and continuing until all amounts ard in this Final Judgment are paid. Plaintiff Bonilla shall have and recover a judgment against Defendants Shafaii Investments, Raj Shafaii, and Ro t Kouts for her court costs, including interpreter fees, with the costs taxed against Defendants Shafaii Investments, Raj Shafaii, and Ro t Kouts, jointly and severally. Plaintiff Angelino shall have and recover a judgment against Defendants Shafaii Investments and Raj Shafaii for her court costs, including interpreter fees, with the costs taxed against Defenda Shafaii Investments and aj Shafaii, jointly and severally. The Court previously found that Defendant Part and Reception Center, Inc. is the general partner of Defendant Sha Investments The Court therefore ORDERS that Defendant Party and Reception Center Inc. is jointly and severally liable for all sums awarded to either Plaintiff and against Defendant Shafaii Investments 35 Plaintiff Bonilla shall have and recover a judgment against Defendant Part and Reception Center, Inc or sums awarded to Plaintiff Bonilla and against Defendant Sha Investments, jointly and severally. Plaintiff Angelino shall have and recover a judgment against Defendant Part and Reception Center, Inc or sums awarded t Plaintiff Angelino and against Defendant Sha Investments, jointly and severally. 37- Any relief not expressly granted herein is DENIED. 38. This is a final judgment, disposing of all claims and all parties, and is appealable. SIGNED , 20 orable Judge Presiding