NO. NO. PLAINTIFFS' ORIGINAL PETITION. NOW COME Valeria Barrera, Denise Del Angel, Erica Cruz, Flor Elizondo, Christine

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1 VALERIA BARRERA, DENISE DEL ANGEL, ERICA CRUZ, FLOR ELIZONDO, CHRISTINE LUNA and JESSICA GARCIA NO. Plaintiffs, V. IN THE COUNTY COURT AT LAW NO. KAYLA ALVAREZ, INDIVIDUALLY AND AS LICENSEE OF THE MISS CORPUS CHRISTI LATINA PAGEANT Defendants. NUECES COUNTY, TEXAS PLAINTIFFS' ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COME Valeria Barrera, Denise Del Angel, Erica Cruz, Flor Elizondo, Christine Luna and Jessica Garcia hereinafter called Plaintiffs, complaining of and about Kayla Alvarez, individually and as Licensee of the Miss Corpus Christi Latina Pageant, hereinafter called Defendants, and for cause of action shows unto the Court the following: DISCOVERY CONTROL PLAN LEVEL 1. Plaintiffs intend that discovery be conducted under Discovery Level 2. EXPEDITED ACTION 2. Plaintiffs seek monetary relief of $100, or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest and attorney s fees. PARTIES AND SERVICE 3. Plaintiff, Valeria Barrera, is an Individual who resides in Corpus Christi, Nueces

2 4. Plaintiff, Denise Del Angel, is an Individual who resides in Robstown, Nueces 5. Plaintiff, Erica Cruz, is an Individual who resides in Robstown, Nueces County, Texas. 6. Plaintiff, Flor Elizondo, is an Individual who resides in Corpus Christi, Nueces 7. Plaintiff, Christine Luna, is an Individual who resides in Alice, Jim Wells County, Texas. 8. Plaintiff, Jessica Garcia, in an Individual who resides in Corpus Christi, Nueces 9. Defendant Kayla Alvarez, an Individual who is a resident of Texas, may be served with process at her place of residence in Corpus Christi, Texas, or wherever she may be found. Service of said Defendant as described above can be effected by personal delivery. 10. Defendant, Miss Corpus Christi Latina Pageant may be served through Kayla Alvarez, acting as Licensee of the pageant, may be served with process at her place of residence in Corpus Christi, Texas, or wherever she may be found. Service of said Defendant as described above can be effected by personal delivery. JURISDICTION AND VENUE 11. The subject matter in controversy is within the jurisdictional limits of this court. 12. Plaintiffs seek: a. Monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. 13. This court has jurisdiction over the parties because Defendant Kayla Alvarez is a

3 Texas resident. 14. Venue in Nueces County is proper in this cause. FACTS 15. The Miss Corpus Christi Latina Pageant was held on Saturday, June 11, 2016 at the Holiday Inn Airport and Convention Center in Corpus Christi, Texas. The pageant is an independently produced and operated preliminary qualifier to the Miss U.S. Latina Pageant. Seventeen contestants from Nueces County, Texas and surrounding areas participated. Each contestant paid an entry fee, sold tickets and raised money for the pageant. A portion or all of the ticket sales were to benefit the Women s Shelter of South Texas. Kayla Alvarez, as Licensee, directed the Miss Corpus Christi Latina pageant. Contestants were responsible for payment of any fees and other obligations and expenses indicated as a condition for participation as a Contestant. The judges for the pageant included Machy de la Garza, Barbi Leo-Salgado, James Sandoval and Janine Cox. 16. Prior to the pageant, all contestants entered into a contractual agreement with Licensee and Director Kayla Alvarez. The contractual agreement contained many different clauses that each contestant warranted as true and correct. The specific clauses that are relevant to this lawsuit are stated as follows: a.) I am of good moral character and I have not been involved at any time in any act of moral turpitude. b.) Further, I have never knowingly or unknowingly, performed any act or engaged in any activity or employment that could be characterized as dishonest, immoral, lewd or indecent. c.) I acknowledge that, by way of example, and without limiting the generality of the

4 foregoing in any way, having appeared in public or permitted myself to be photographed in a state of partial or total nudity or in a lewd, compromising or sexually suggestive manner. This includes photographs or images that may appear on any web or social media site. d.) Other than minor or petty offenses, I have never been convicted of any criminal offense and THERE ARE NO criminal charges presently pending against me. e.) I do not have ANY legal obligations that would prevent or limit my participation and appearances in the State Pageant. f.) I have never been married, am not married, nor am I in any legally binding personal relationship. 17. Kayla Alvarez willfully and knowingly violated countless terms of the contractual agreement by allowing Caitlin Cifuentes to participate in and ultimately win the pageant. Before the commencement of the pageant, Kayla Alvarez had knowledge that (1) Caitlin Cifuentes has an extensive criminal record, (2) Caitlin Cifuentes is currently serving a ten (10) year deferred adjudication sentence in Nueces County for Aggravated Assault with a Deadly Weapon and a (2) year probationary sentence for Driving While Intoxicated and (3) Caitlin Cifuentes was married on November 11, Kayla Alvarez knowingly and willfully acted under the deceptive and foolish assumption that Cifuentes criminal charges were dismissed. Kayla Alvarez did not act diligently and take any precautionary measures to ensure that Caitlin Cifuentes was actually eligible to participate. Additionally, as a condition of Cifuentes probation, she has many legal obligations and restrictions that do not permit her to travel outside of Nueces County without the permission of the Nueces County Probation Department. 18. Kayla Alvarez was given an opportunity to remedy the situation. Prior to the

5 pageant, the National Organization s Founder and President sent correspondence to Kayla Alvarez. The correspondence stated that allowing Caitlin Cifuentes to participate was against the terms and contractual obligations of the organization. Kayla Alvarez chose to blatantly ignore the founder s request and allowed Caitlin Cifuentes to participate in and ultimately win the pageant. Kayla Alvarez was also given numerous opportunities to remedy the issue. However, she imprudently chose to ignore those opportunities. 19. Prior to the pageant, Kayla Alvarez stated to several of the contestants and Assistant Director Janie Gonzalez that any contestants spreading malicious rumors about Caitlin Cifuentes would be disqualified. However, Caitlin Cifuentes criminal record and marriage records are public information which are entirely factual and do not qualify under the law as defamatory. 20. Finally, as of this date, the Women s Shelter of South Texas has not received any monetary donations from Kayla Alvarez or the organization from any revenue generated from ticket sales. CLAIM FOR BREACH OF CONTRACT 21. The contract states that the signature of the Contestant and Licensee constitute the acceptance of a legally binding contract. The signatures of both parties created a legally binding Agreement and Contract between the Contestant and the Defendant. 22. The Plaintiffs are proper parties to sue Defendants for Breach of Contract. 23. The Plaintiffs performed their contractual obligations. 24. The Defendants breached their contract. 25. The Defendants breach caused injury to the Plaintiffs. CLAIM FOR BREACH OF FIDUCIARY DUTY 26. Acting as Licensee and Director, Kayla Alvarez created a fiduciary duty with

6 each contestant participating in the pageant. 27. The Defendants breached their fiduciary duty to the Plaintiffs. 28. The Defendants breach caused injury to the Plaintiffs. ATTORNEY S FEES 29. Plaintiffs have employed the undersigned attorneys to represent Plaintiffs, agreeing to pay their reasonable attorney s fees for their services, for which Plaintiffs here now sue. Plaintiffs are entitled to recover attorney s fees pursuant to Texas Civil Practice and Remedies Code section 38. occurred. NOTICE AND CONDITIONS 30. All conditions precedent to Plaintiffs recovery have been performed or have DAMAGES TO PLAINTIFFS 31. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiffs were caused to incur the following damages: a. The out of pocket cost Plaintiffs spent due to their participation in the pageant; b. Damages for breach of contract; c. Damages for breach of fiduciary duty; d. Attorney s fees through trial as well as a conditional award in the event of post judgment proceedings; e. Court costs; f. Interest as provided by law; g. Such other and further relief, general and special, in law and in equity, to which the Court may find Plaintiff to be entitled. PRAYER

7 WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that the Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiffs against Defendants for damages in an amount within the jurisdictional limits of the Court; together with pre-judgment interest at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiffs may be entitled at law or in equity. Respectfully submitted, Carvajal Smithwick Garcia, LLP By: /s/marisol Carvajal-Garcia Marisol Carvajal-Garcia Texas Bar No csglawfirm@gmail.com 608 East Second Street Alice, Texas Tel. (361) Fax. (361) Attorney for Plaintiffs -and- The Torres Law Firm By: /s/ Richard Torres, II Richard Torres, II Texas Bar No rjtorres28@gmail.com 1122 Elizabeth Street Corpus Christi, Texas Tel. (361) Fax. (361) Attorney for Plaintiffs PLAINTIFFs HEREBY DEMAND A TRIAL BY JURY.