FILED 12/23/2016 6:06:50 PM Donna Kay McKinney Bexar County District Clerk Accepted By: Nikki J Garcia 2016CI21911 CAUSE NO. 3 CITS PPS /SAC1 GRUPO INTEGRADORA SOLAR, IN THE DISTRICT COURT SAPI DE CV. Plaintiff. 225TH v. JUDICIAL DISTRICT SANA-INT, INC., JORGE SANCHEZ, AND ROSSIE ORTIZ Defendants. BEXAR COUNTY, TEXAS PLAINTIFF S ORIGINAL PETITION COMES NOW GRUPO INTEGRADORA SOLAR, SAPI DE CV (hereinafter, GIS ), Plaintiff in the above entitled suit (hereinafter referred to as Plaintiff ), complaining of Defendants SANA-INT, INC., (hereinafter SANA ) JORGE SANCHEZ (hereinafter SANCHEZ ), and ROSSIE ORTIZ (hereinafter ORTIZ ) (hereinafter jointly referred to as Defendants ), Defendants in the above entitled suit, and would show the court the following: DISCOVERY LEVEL AND RULE 47 SUMMARY 1. Discovery will be conducted under a Level 2 Discovery Plan as per Tex. R. Civ. P. 190.3 2. Plaintiff sues Defendants for breach of contract, fraud, and violations of the Texas Deceptive Practices Act. The damages sought are within the jurisdictional limits of the court. Plaintiff sues for monetary relief of more than $100,000 and less than $200,000, as well as damages of any other kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. Page 1 of 9
Plaintiff also sues for and demands judgment for all the other relief to which Plaintiff is deemed entitled. JURISDICTION AND VENUE 3. This Court has jurisdiction over the parties and matters made the subject of this suit. 4. Venue is proper in this Court because a substantial part of the events or omissions giving rise to Plaintiff s claims occurred in this judicial district and because Bexar County is where SANA maintains is principal place of business and where SANCHEZ and ORTIZ reside. PARTIES 5. Plaintiff GRUPO INTEGRADORA SOLAR, SAPI DE CV is a business headquartered, and maintaining its principal place of business, in Mexico at all times relevant to this suit. 6. Defendant SANA-INT, INC. is a Texas Corporation with its principal place of business located at 8666 Huebner Rd, Suite 112, San Antonio, Texas 78240. This defendant may be served with process by serving its registered agent Jorge Sanchez located at 8666 Huebner Rd, Suite 112, San Antonio, Texas 78240. 7. Defendant JORGE SANCHEZ is a resident of Bexar County, Texas and may be served with process by serving at 8666 Huebner Rd, Suite 112, San Antonio, Texas 78240 or wherever he may be found. 8. Defendant ROSSIE ORTIZ is a resident of Bexar County, Texas and may be served with process by serving at 8666 Huebner Rd, Suite 112, San Antonio, Texas 78240 or wherever she may be found. RULE 194.2 REQUEST FOR DISCLOSURE AND RULE 193.7 NOTICE Page 2 of 9
9. Plaintiff requests that Defendants disclose and provide, within 50 days of service, all of the information and materials set forth in Texas Rule of Civil Procedure 194.2. 10. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, notice is hereby given to Defendants that any and all documents produced by Defendants may be used against them at any pretrial proceeding and/or at the trial of this matter without the necessity of authenticating the documents. STATEMENT OF FACTS 11. The causes of action set forth below arise out of a contract arrangement between Plaintiff and Defendants for the sale of solar panels (also known as photovoltaic panels). Defendant SANA is a company that sells solar panels to distributors in the United States and Mexico. Defendants are in the business of purchasing solar panels and selling them to end users in Mexico. 12. On or about December 15, 2015 Plaintiff and SANCHEZ met in Monterrey, Nuevo Leon Mexico to begin negotiating for Plaintiff to purchase new solar panels from SANA. This meeting took place as part of a San Antonio Chamber of Commerce event at the City of San Antonio s Casa San Antonio, a facility operated by the City of San Antonio for the purpose of fomenting trade between Mexico and San Antonio. 13. During this December 15, 2015 meeting, SANCHEZ made representations as to SANAs financial wherewithal and ability to deliver large orders of solar panels to Plaintiff. SANCHEZ invited Plaintiff s representatives to visit San Antonio, Texas to continue negotiations. 14. On March 4, 2016 Plaintiff s representatives traveled to San Antonio to meet with SANCHEZ and ORTIZ. During this meeting, SANCHEZ and ORTIZ reiterated that SANA had Page 3 of 9
the financial wherewithal and ability to deliver large orders of solar panels to Plaintiff. SANCHEZ and ORTIZ also made representations as to SANA s successful projects, satisfied customers, customer services, current projects, and quality of materials. SANCHEZ and ORTIZ drove Plaintiff s representatives to a solar panel assembly plant owned and operated by Mission Solar Company. SANCHEZ and ORTIZ represented that it was from this assembly plant that SANA sourced its solar panels. SANCHEZ and ORTIZ also represented that SANA and Mission Solar Company had entered into a joint venture that gave SANA the ability to satisfy large orders of solar panels. 15. On that same day, SANCHEZ and ORTIZ drove Plaintiff s representatives to a assembly plant or manufacturing facility owned and operated by a company called Kaco New Energy. SANCHEZ and ORTIZ represented that it was from this assembly plant that SANA sourced its solar panel inverters (a component commonly referred to as solar panel converters). SANCHEZ and ORTIZ also represented that SANA and Kaco New Energy had entered into a joint venture that gave SANA the ability to satisfy large orders of solar panel inverters. 16. Based on SANCHEZ and ORTIZ representations that SANA possessed the financial wherewithal and the supply chain access to materials and components, Plaintiff agreed to serve as SANA s exclusive distributor of SANA s panels and components. 17. SANA and Plaintiff s agreed that Plaintiff s would purchase 409 solar panels from SANA for Plaintiff to begin selling to end users in Mexico. Defendants agreed to deliver the solar panels to Plaintiff two weeks after receipt of Plaintiff s payment. At Defendants request, Plaintiffs paid SANA $836,453.55 (Mexican pesos). Page 4 of 9
18. Defendants did not deliver the 409 solar panels to Plaintiff within the two-week period agreed upon. Plaintiff contacted ORTIZ and SANCHEZ about the failure to deliver the 409 panels. Instead, after many requests for delivery, Defendants only delivered 66 panels to Plaintiff. 19. Plaintiff has made repeated attempts to contact Defendants to arrange for delivery of the remaining solar panels. However, Defendants continue to make excuses as to production delays, transportation problems, and unavailability of materials. Defendants have also made promises to deliver the remaining panels in November 2016, but have also broken those promises. 20. On multiple occasions, Plaintiff made demands on Defendants for delivery of the remaining panels or refund of the balance. Defendants have refused and continue to refuse to deliver the balance of the panels or refund the money Plaintiff paid. 21. Plaintiff has sustained economic damages because of its inability to sell panels for which it paid. 22. As a result of Defendants conduct, Plaintiff was required to retain legal counsel to pursue its legal claims. 23. All conditions precedent have been performed or occurred pursuant to Texas Rule of Civil Procedure 54. COMMON LAW BREACH OF CONTRACT BY DEFENDANTS 24. Defendants entered into a valid and enforceable written and oral contract with Plaintiff to provide Plaintiffs with solar panels in exchange for payment. 25. Plaintiff relied upon representations made by Defendants that Plaintiff would receive timely delivery of 409 solar panels in exchange for payment. Page 5 of 9
26. Plaintiff paid the agreed upon amount for the 409 panels 27. Defendants have failed to make delivery of all the panels purchased by Plaintiff. 28. As a result of Defendants breach, Plaintiff sustained economic damages for which Plaintiff sues. The total balance owed to Plaintiff by Defendants of $34,019.38 (701,476.16 mexican pesos at an exchange rate of 20.65 as of the filing of this petition) plus interest court costs and attorney s fees, is true and just, due, unpaid, and all lawful and just offsets, payments, and credits have been allowed. Plaintiff reserves the right to adjust the balance owed in accordance with the fluctuations of the currency exchange rate between the United States Dollar and the Mexican Peso. 29. Plaintiff makes a claim herein for all damages allowed by law for breach of contract. VIOLATION OF TEXAS DECEPTIVE TRADE PRACTICES ACT 30. Plaintiff is a consumer that sought services and/or goods from Defendants as defined by Section 17.56 of the Texas Business & Commerce Code ( DTPA ). Defendants can be sued as per the DTPA. 31. Defendants violated the DTPA when Defendants concealed material facts as to its financial wherewithal, ability to deliver products, relationships with third parties, and intent to deliver products to Plaintiff. This deliberate failure to disclose was intended to induce Plaintiff into a transaction into which the Plaintiff would not have entered had the information been disclosed. Page 6 of 9
32. Defendants engaged in false, misleading, or deceptive acts or practices that Plaintiff relied on to Plaintiff s detriment. 33. Defendants engaged in an unconscionable action or course of action that, to Plaintiff s detriment, took advantage of Plaintiff s lack of knowledge, ability, experience, or capacity to a grossly unfair degree. 34. Defendants wrongful conduct was a producing cause of Plaintiff s injury, which resulted in damages that continue to accrue. 35. Defendants have acted knowingly and intentionally, which entitles Plaintiff to recover treble economic damages under Texas Business & Commerce Code section 17.50(b)(1). Plaintiff seeks unliquidated damages within the jurisdictional limits of this Court. 36. It was impracticable for Plaintiff to give Defendants written notice under the DTPA. As such, Plaintiff has not provided such notice. COMMON LAW FRAUD 37. Defendants knowingly made false material representations as to its financial wherewithal, ability to deliver products, relationships with third parties, Defendants intent to deliver certain products to Plaintiff, and that Defendant would deliver the products. 38. Defendants made these material misrepresentations with the intent that Plaintiff rely on them and had reason to expect that Plaintiff would rely on them. 39. Plaintiff justifiably relied on Defendants misrepresentations and paid Defendants. Page 7 of 9
40. As a direct and proximate result of Defendants wrongful conduct, Plaintiff has sustained economic damages as set forth hereinabove. 41. Plaintiff s injury resulted from Defendants actual fraud, gross negligence, and/or malice, and entitles Plaintiff to exemplary damages under the Texas Civil Practice & Remedies Code section 41.003(a). FRAUD BY NONDISCLOSURE 42. Defendants concealed material facts as to its financial wherewithal, ability to deliver products, relationships with third parties, and intent to deliver products to Plaintiff. 43. Defendants had a duty to disclose the information to Plaintiff. 44 Defendants knew Plaintiff was ignorant of the information concealed and did not have equal opportunity to discover the truth. 45 By deliberately remaining silent about and concealing material facts, Defendants intended for Plaintiff to act in the absence of the information. 46. Plaintiff justifiably relied on Defendants silence to its own detriment. 47. As a direct and proximate result of Defendants wrongful conduct, Plaintiff has sustained economic damages as set forth hereinabove. 48. Plaintiff s injury resulted from Defendants actual fraud, gross negligence, and/or malice, and entitles Plaintiff to exemplary damages under the Texas Civil Practice & Remedies Code section 41.003(a). Page 8 of 9
ATTORNEYS FEES 49. Plaintiff would show the Court that the recovery of attorney s fees is authorized as provided under and according to the provisions of Section 38.001 of the Texas Civil Practice and Remedies Code, and Plaintiff further sues for reasonable attorney s fees, including fees for any appeal, insomuch as Plaintiff has been required to employ the undersigned attorneys to file suit and has agreed to pay them reasonable attorney s fees for their services. Demand has been presented to Defendants in accordance with the agreement of the parties and/or Section 38.001 of the Texas Civil Practice and Remedies Code. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that the Defendants be cited to appear and answer, and that upon final trial, Plaintiff has judgment against Defendants for all relief requested, for pre-judgment interest, post judgment interest, for costs of this suit, exemplary damages, punitive damages and for such other and further relief, general and special, at law or in equity, to which Plaintiff may be justly entitled. Respectfully Submitted, PELAEZ PRADA, PLLC 22211 I-10 West, #1206 SAN ANTONIO, TEXAS 78257 TELEPHONE: (210) 361-0070 FACSIMILE: (210) 693-1312 MANUEL PELAEZ-PRADA State Bar No. 24027599 Page 9 of 9
Donna Kay M c Kinney Bexar County District Clerk District Court : Request for Process GRUPO INTEGRADORA SOLAR, SAPI DE CV Style: Vs. SANA-INT, INC.,et al Request the following process: (Please check all that Apply) Citation Notice Temporary Restraining Order Notice of Application for Protective Order Temporary Protective Order Precept with hearing Precept without a hearing Writ of Attachment Writ of Habeas Corpus Writ of Garnishment Writ of Sequestration Capias Other: 1. Name: SANA-INT, INC Registered Agent/By Serving: JORGE SANCHEZ (REGISTERED AGENT) Address 8666 Huebner Rd, Suite 112, San Antonio, Texas 78240 Service Type: (Check One) Private Process Sheriff Publication (Check One) Commercial Recorder Hart Beat Courthouse Door Certified Mail Registered Mail Out of County Secretary of State Commissioner of Insurance 2. Name: JORGE SANCHEZ Registered Agent/By Serving: Address 8666 Huebner Rd, Suite 112, San Antonio, Texas 78240 Service Type: (Check One) Private Process Sheriff Publication (Check One) Commercial Recorder Hart Beat Courthouse Door Certified Mail Registered Mail Out of County Secretary of State Commissioner of Insurance 3. Name: ROSSIE ORTIZ Registered Agent/By Serving: Address 8666 Huebner Rd, Suite 112, San Antonio, Texas 78240 Service Type: (Check One) Private Process Sheriff Publication (Check One) Commercial Recorder Hart Beat Courthouse Door Certified Mail Registered Mail Out of County Secretary of State Commissioner of Insurance 4. Name: Registered Agent/By Serving: Address Service Type: (Check One) Private Process Sheriff Publication (Check One) Commercial Recorder Hart Beat Courthouse Door Certified Mail Registered Mail Out of County Secretary of State Commissioner of Insurance Title of Document/Pleading to be Attached to Process: PLAINTIFF'S ORIGINAL PETITION Name of Attorney/Pro se: MANUEL PELAEZ-PRADA Bar Number: 24027599 Address: 22211 IH-10 WEST, #1206 Phone Number: 21-361-0070 SAN ANTONIO, TEXAS 78257 Attorney for Plaintiff XXXXXX Defendant Other ****IF SERVICE IS NOT PICKED UP WITHIN 14 BUSINESS DAYS, SERVICE WILL BE DESTROYED****