LULAC Sues Linda Chavez Et Al and More Again

8/12/2019 LULAC Sues Linda Chavez Et Al and More Again

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CAUSE NO.______________

LEAGUE OF UNITED LATIN AMERICAN

CITIZENS, INC. IN THE COUNTY COURT

Plaintiff,

V. AT LAW NO. ______

FLORINDA CHAV EZ, ALBA MARTINEZ,

JOE CARDENA S, ROBERT W. WILSON, C

& C INSURA NCE SERVICES, INC., AND

LUZ STELLA CUELLAR

Defendants. OF BEXAR COUNTY, TEXAS

PLAINTIFFS ORIGINAL PETITION

TO THE HONORABLE COURT:

COMES NOW, LEAGU E OF UN ITED LATIN AM ERICAN CITIZENS, INC., Plaintiff in the above styledand numbered cause, complaining of Defendants, FLORINDA CHAVEZ, ALBA MARTINEZ, JOE CARDENAS,

ROBERT W. WILSON, C & C INSURANCE SERVICES, INC., AND LUZ STELLA CUELLAR, (hereafter called

as a group Defendants), and would respec tfully show the Court the following:

I.

DISCOVERY PLAN

1.1. LEAGUE OF UNITED LATIN AMERICAN CITIZENS, INC. affirmatively pleads that it seeks only

monetary relief aggregating $100 ,000.00 or less, excluding costs, prejudgm ent interest, and attorneys fees under Texas

Rules of Civil Procedure Rule 190.2 (Level 2).

II.

PARTIES

2.1. LEAGUE OF UNITED LATIN AMERICAN CITIZENS, INC. (hereafter called LULAC) is an non-

profit organiz ation d oing business in B exar Co unty, Te xas.

2.2. FLORIN DA CHAV EZ (hereafter called CHAV EZ) is an individual residing at 5400 Jeffburn Cove

, Austin, Texas 78745 and may be served with process at that address.

2.3. BEATRICE ALBA MARTINEZ (hereafter called MARTINEZ) is an individual residing at 7007

Arboreal, Dallas Texas 75231 and may be served with process at that address.

2.4. JOE CARDENAS (hereafter called CARDENAS) is an individual residing in Lousie, Texas 77455

and may be served with process at P.O. Box 29, Lousie, Texas 77455.

2.5. ROBERT W. WILSON (hereafter called WILSON) is an individual residing in Bexar County, Texas

and may be served with process via certified mail returned receipt requested at 115 E. Travis, Suite 1900, San Antonio,

Texas 78212.

2.6. C & C INSURANCE SERVICES, INC. (Hereafter called C & C) is a corporation doing business

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in Sugar Land, Texas and m ay be served with process via certified mail returned receipt requested by serving its agent

LUZ STELLA CUELLAR at 4511 Collington Court, Missouri City, Texas 77459.

2.7. LUZ STELLA CUELLAR (hereafter called CUELLAR) is an individual residing at Sugar Land,

Texas and an owner of C & C INSURANCE SERVICES, INC. at 4511 Collington Court, Missouri City, Texas 77459.

and may be served with process at that address.

III.

VENUE AND JURISDICTION

3.1. Jurisdiction is proper in this Court pursuant to Section 25.000. of the Texas Govern ment Code . The

amount of dam ages claimed by LU LAC in this case is within the jurisdictional limits of this Court.

3.2. Venue is proper in Bexar County pursuant to Section 15.002 of the Texas Civil Practice & Remedies

Code because the principal offices and residence of Defendant, ROBERT W. WILSON , are maintained in Bexar County

and all or a substantial part of the events giving rise to LULACs claims occurred in Bexar County.

IV.

FACTUAL BACKGROUND

4.1. LULAC is a non-profit organization duly organized in accordanc e with the United States of America

statutes and the State of Texas statutes. LULAC has a chapter based in Texas with their current principal office in San

Antonio, Texas.

4.2. The Texas chapte r of LULAC has a Board of Directors duly elected by the Texas LULAC states

members. The Texas chapters Board of Directors is compose by the following: State Director; Deputy State Director;

State Secretary; State Treasurer; Immediate Past Director; Deputies for the Elderly, Wom an, Young Adults, and Youth;

Twenty-one (21) District Directors; and several appointed officers. Any and all actions taken by the members of the

Board of Directors are in need of approval of the Board in order for those action to be sanction and be conducted on

behalf of LULAC.

4.3. Texas LULAC chapter owed an insurance policy with PHILADELPHIA, policy number PHSD683987

that would provide co verage to any me mber of the Board of Directors in the event that a lawsuit is filed against a memb er

of the Board for claims directly related and as a result of the members official duties while performing the duties of

his/her office. The insurance agents for Plaintiffs regarding the services for the insurance policy was Defendants C &

C and CUELLAR.

4.4 LULAC sued Defendants CHAVEZ, MARTINEZ, and CARDENAS in Federal Court under Civil

Number EP :12-cv-0296, In Th e United States Distr ict Court for The Western Distr ict of Te xas, El Paso Division,

claiming that these Defendants committed cop y rights infringement and other causes of actions after these Defendants

incorporated, in Texas, an organization named TX LULAC. Defendants CHAVEZ, MARTINEZ, and CARDENAS

where sued in their individual capacity. LULAC s claims where not based as a result of Defe ndan ts CHAV EZ,

MARTINEZ, and/or CARDENAS duties and/or responsibilities as members of or past members of Texas chapters

Board of Directors. Defendants CHAV EZ, MARTINE Z, and CARDEN AS were sued in their individual capacity andwere represented by Defendant WILSON.

4.5. On or about July 31, 2012, Defendants CHAVEZ, MARTINEZ, CARDENAS, and WILSON with the

assistance of Defendants C & C and CUELLAR filed and opened a claim against Texas chapters insurance carrier,

Philadelphia Insurance Company (hereafter called PHILADELPHIA) regarding the suit filed by LULAC against

Defendants CHAVEZ, MARTINEZ, and CARDENAS. Defendants CHAVEZ, MARTINEZ, CARDENAS, and

WILSO N with the assistance of Defendants C & C and CU ELLAR claimed c overage under the policy regarding the suit

filed against them by Plaintiffs in the federal suit.



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4.6. The claim number generated by PHILADELPHIA was PHFF12070652315. Defendants CHAVEZ,

MART INEZ, CARDENAS claimed coverage for their damages and Defendant WILSON claimed coverage for his

attorneys fees for the representation contracted by Defendants CHAVEZ, MARTINEZ, and CARDENAS.

4.7. Defendants CHAVEZ, MARTINEZ, CARDENAS, and WILSON knew that the PHILADELPHIA

po licy was P laintiffs pol icy . Even tho ugh they kne w that the po licy was P laintiffs they f iled claims against the po licy

without Plaintiffs knowledge. Defendants CHAVEZ, MARTINEZ, and CARDENAS claimed c overage under P laintiffspo licy for a $ 15 ,000 .00 j udgment agains t them and in fav or of Plaintiff under the Federal Suit. De fen dant WILSO N

claimed coverage for attorneys fees in excess of $ 12, 000.00 for his representation of Defendants CHAVEZ,

MARTINEZ, and CAR DENAS under the federal suit.

4.8. Defendants C & C and CUELLAR are Plaintiffs agent and the person and entity that Plaintiff hired

to provide insurance coverage for Plaintiff. Defendants C & C and CUELLA R knew that the PHILADEL PHIA policy

was Plaintiffs policy. Even though they knew that the p olicy was Plaintiffs they filed claims against the policy without

Plaintiffs knowledge. Defendants C & C and CUELLAR knew the terms of the policy and knew that Defendants

CHAVEZ, MARTINEZ, and CARDENAS were not e ntitled to coverage. Defendants C & C and CUELLAR never

contacted Plaintiff to informed and/or confirm the claims made by Defendants CHAVEZ, MARTINEZ, CARDENAS,

and WILSON.

4.9. On or about February 15, 2013, PHILAD ELPHIA paid a total of $ 38,255.84 to and/or on behalf ofDefendants CHAVEZ, MARTINEZ, CARDENAS, and WILSON and a third party law firm representing

PHILADELPHIA.

4 .1 0. O n o r a bo ut Oc to be r 2 4th, 2013, Elia Mendoza who is the current State Director for the Texas chapter,

received a Notice of Cancellation from Defendants C & C and CUELLAR. PHILADELPHIA and Defendants C & C

and CUE LLAR informed M s. Mendoza that the insurance policy was going to be cancelled as of December 31, 2013.

This was the first time Plaintiff knew about the claimed filed by Defendants. Ms. Mendo za was informed that the reason

for cancellation was the claim filed by all Defendants. Defendants C & C and CUELLA R also informed Ms. Mendoza

that they would no longe r be Plaintiffs agent or would be assisting to secure a new policy. Plaintiff is now without

insurance coverage a ss of the time this suit was filed. Plaintiff has suffered damages as a result of Defendants action

for which now suit.

4.11. Defendants C & C and CUELLAR were asked by Plaintiff to provide any and all documents regardingPlaintiffs insurance policy and the claims made by Defendants CHAVEZ, MA RTINE Z, CARDEN AS, and WILSON .

Defendants C & C and CUE LLAR refused to provide d ocuments and as of the date of the filing of this suit Defendants

C & C and CUELLAR has never provided any documents to Plaintiff regarding Plaintiffs policy other than the

notification of cancellation issues by PHILADELPHIA.

4.12. As a result of Defendants actions Plaintiff suffered damages.

V.

TORTUOUS INTERFERENCE WITH PROSPECTIVE, PRESENT, AND/OR FUTURE CONTRACTUAL

RELATIONSHIP

5.1. Plaintiff incorporates by reference those paragraphs set out above as if fully set forth herein and furtherallege as follows:

5.2. Defendants, Defendants agents, servants and/or employees willfully and intentionally interfered with

Plaintiffs prospective, present, and/or future contractual relations with PHILADELPHIA by filing fraudulent claims

against Plaintiffs insurance policy causing PHILAD ELPHIA to cancel coverage of the insurance policy and using undue

influence and/or fraud in the inducement to wrongfully and unjustly enriched themselves at the expense of Plaintiffs.

As a result of D efendants interference with Plaintiffs prospective, present, and future contractua l relations, Plaintiffs

have sustained economic as well as other damages.



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VI.

UNJUST ENRICHMENT

6.1. Plaintiff incorporates by reference those paragraphs set out above as if fully set forth herein and further

allege as follows:

6.2. Defendants CHAVEZ, MARTINEZ, CARDENAS, and WILSON by way of aforementioned fraud,

misrepresentations, breach of fiduciary duty and other illegal compulsion and conduc t has misled Plaintiffs insurance

carrier as to enter into agreements with Defendants CHAVEZ, MARTINEZ, C ARDENAS, and WILSON at the expense

and detriment of P laintiff.

6.3. Defendants CHAVEZ, MARTINEZ, CARDENAS, and WILSON should not be permitted to unjustly

enrich themselfs at the expense of Plaintiff. Defendants CHAV EZ, MARTIN EZ, CARDENA S, and WILSO N should

be require d to make resti tut ion for the proper ty and/or monetary benefits and other benefits rece ived, retained , and

wrongly appropriated o n from Plaintiff insurance carrier.

6.4. Furthermore, it is only just and equitable that Defendants CHAVEZ, MARTINEZ, CARDENAS, and

WILSON make restitution to Plaintiff, particularly when Defendants CHAVEZ, MARTINEZ, CARDENAS, and

WILSON intentionally and knowingly benefitted by receiving monetary payments from Plaintiffs insurance carrierwhich in justice and equity belong to Plaintiff. Plaintiff is entitled to restitution from Defendants CHAVEZ,

MAR TINEZ, CARD ENAS, and WILSON for part or all such monetary benefits wrongfully obtain.

VII.

FRAUD AND FRAUD IN THE INDUCEMENT


allege as follows:

7.2. Defendants made false and fraudulent misrepresentations to Plaintiff, including, but not limited to,

representations that the payments made to Plaintiff as a result of the judgment in the federal suit was made from

Defendants CHAVEZ, MARTINEZ, and CARDENAS funds and/or individual insurance coverage.

7.3. These representations and omissions were made directly by Defendants CHAVEZ, MARTINEZ, and

CARDENAS, and other authorized agents of said Defendants, including Defendant WILSON.

7.4. When Defendants made the foregoing misrepresentations and omissions, they knew them to be false,

and said representations were made b y Defendants with the intent to defraud and dec eive Plaintiff, Plaintiffs agents, and

providers and with the intent to induce P laint iff not to seek remedies availab le to them. At all times mentio ned herein,

Defendant fraudulently concealed from the Plaintiff the true facts relating to their actions and intentions with regard to

the above referenced transactions.

7.5. As a result of the foregoing conduct by the Defendants, Plaintiff suffered injuries and damages as

alleged herein and request punitive and exemplary damages in such amounts as would punish Defendants for their

conduct and act as an examp le that would deter them, as well as other individuals and/or companies, from engaging insimilar conduct in the future.

7.6. Plaintiffs further allege that each and every one of the representations set forth in the preceding

paragraphs concerned materia l fac ts in tha t Plainti ff would have taken the appropria te remedies to protec t them and

Plaintiffs businesses had Plaintiff known about the falsity of the representations and the actions taken by Defendants.



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VIII.

NEGLIGENT MISREPRESENTATION


alleges as follows:

8.2. Defendants made negligent material, false, and fraudulent misrepresentations to Plaintiff and/or,

Plaintiffs agents including, but not limited to, representations that Defendants CHAVEZ, MAR TINEZ, CAR DENA S,

and WILSON were entitled to the benefits provided by PHILADELP HIA. These representations and omissions were

made directly by Defendants, and other authorized agents of said Defendants. When Defenda nts made the foregoing

misrepresentations and omissions, they knew them to be false, and said representations were made by Defendan ts with

the intent to defraud and d eceive Plaintiffs and with the intent to induce Plaintiffs agents to enter into an agreement with

Defendants CHAVEZ, MARTINEZ, CARDENAS, and WILSON.

8.3. At all times mentioned herein Defendants fraudulently concealed from the Plaintiffs and/or Plaintiffs

agents the true facts. Defendants, directly, or by and through, an authorized representative engaged in the aforesaid

conduct and ratified all such activities by said agents. Defendants knew, or in the exercise of ordinary care should have

known, such representations to be false yet mad e the representations reck lessly and as a positive assertion.

8.4. As a result of the foregoing conduct by the Defendant, Plaintiffs suffered injuries and damages as

alleged herein and request punitive and exemplary damage s in such amounts as would punish Defendant for the conduct

and act as an example that would de ter Defendant, as well as others, from engaging in similar conduct in the future.

IX.

BREACH OF FIDUCIARY DUTY


alleges as follows:

9.2. Defendants C & C and CUELLAR, as Plaintiffs insurance agents, had a fiduciary relationship with

a fiduciary duty to Plaintiff. As a result of their fiduciary relationship, Plaintiff reposed a special confidence inDefendants C & C and CUELLAR, and Defendants C & C and CUELLAR had a duty in equity and good conscience

to act in good faith and with due reg ard for the Plaintiffs interests. Defendants C & C and C UELLAR induced and /or

aided by Defendants CHA VEZ, MAR TINEZ, CAR DENA S, and WILSON, in violation of their duties to Plaintiff, have

breached the ir du ty to P laint iff by:

a. engaging in a pattern of filing claims against Plaintiffs insurance policy with PHILADELPHIA not

authorized by the policy or by Plaintiff;

b. fai ling to provide documents as requested by P laint iffs regarding Plainti ffs insu rance po lic y and the

claims filed by Defendants CHAVEZ, MARTINEZ, CARDENAS, and WILSON against Plaintiffs

insurance policy;

c. failing to notified Plaintiff that a claim was made by Defendants against Plaintiffs insurance policy;

d. approving or acting on behalf of Plaintiff for the benefit of a third party and/or her individual benefit,

including but not limited to the facilitation and assistance on the filing of the claim and assistingDefendants CHAVEZ, M ARTINEZ, CARDENA S, and W ILSON converting such insurance policy

for their individual benefit;

d . by t ransferring unauthorized insurance coverage to Defendants CHAVEZ, MARTINEZ,

CARDENAS, and WILSON; and,

e. by the mismanagement of the Plaintiffs insurance policy with PHILADELPHIA.

9.3. All of the above actions constitute fraud and/or constructive fraud.



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X.

CONVERSION


alleges as follows:

10.2. Plaintiff was the owner and had the rights, possession, and/or control of the PHILADELPHIA

INSUR ANCE PO LICY, Policy Number PHSD683 987. Such insurance policy was the personal property of Plaintiff.

Defendants CHAVEZ, M ARTINEZ, CARDENAS, and WILSON with the inducement and/or aiding of Defendants C

& C and CUELLAR, wrongfully exercised dominion and control over Plaintiffs personal property in a manner

inconsistent with Plaintiffs rights.

10.3. As a result Plaintiff suffered damages.

XI.

ACTUAL DAMAGES

11.1. Plaintiffs incorporate by reference those paragraphs set out above as if fully set forth herein and furtherallege as follows:

11.2. Plaintiffs have suffered actual damages for which they sue in an amount the jury deems reasonable

which is in excess of the minimum jurisdictional limits of the Co urt.

XII.

EXEMPLARY DAMAGES

12.1. Plaintiffs incorporate by reference those paragraphs set out above as if fully set forth herein and further

allege as follows:

12.2. The acts and conduct of the Defendants were willful, negligent and/or intentional acts, committed withactual malice toward s Plaintiff, or with a wanton and reckless disregard for the rights of Plaintiff.

12.3. Plaintiffs requests that, in addition to actual economic damages and other compensatory damages

prayed for herein, e xemplary d am ages should be assesse d against D efendants , jo intly and/or severely, and awarded to

Plaintiff in the amount of no less than $50,00 0.00 or found j ust and right by the trial of facts.

XIII.

MISNOMER AND/OR MISIDENTIFICATION


allege as follows:

13.2. In the event any parties are misnamed or not included herein, it is Plaintiffs contention that such was

a misnomer and/or misidentification and/or such parties are/were alter egos of parties named herein. Alternatively,

Plaintiffs contends that corporate veils should be pierced to hold such parties properly included in the interest of

justice .

XIV.

ATTORNEYS FEES AND COSTS


allege as follows:



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14.2. As a direct result of the actions and/or omissions of the Defendants as described above, Plaintiffs have

found it necessary to retain attorneys, ORTIZ LAW OFFICES, P.C. and Miguel A. Ortiz to bring this action on their

behalf. Pursua nt to 38 .00 1(7) and 38.0 02 of the Texas Practice & Remedies Code and 37.0 01 and 37.0 09 of the Texas

Practice & R emedies Cod e, Plaintiffs are entitled to recover rea sonable attorneys fees and costs for which they hereby

sue. Plaintiffs request that Defendants cover any and all attorneys fees and expenses for services rendered in connection

with this case, judgment for attorney's fees and expenses through final judgment after appeal should be granted againstDefendants and in favor of Plaintiffs for the use and benefit of Plaintiffs attorneys; or, in the alternative, Plaintiffs

requests that reasonable attorney's fees and expenses through final judgment after appea l be taxed as costs and be ordered

pa id directly to P laintiffs attorney, who may enfo rce the order for fees in the a tto rne y's own nam e.

XV .

INTEREST

15.1. Under Texas Finance Code 302.002, interest on open acco unts accrues at the rate of 6 percent per

annum, commencing on the 30 thday after the date on which the sum is due and payable.

15.2. LULAC is, therefore, entitled to prejudgment and post-judgment interest on the total amounts awarded.

XVI.

REQUEST FOR DISCLOSURE TO FLORINDA CHAVEZ

16.1 . T O: FLORINDA CHAVE Z, 5400 J effburn Cove , Austin, T exas 78745 .

16.2. Pursuant to rule 194 of the Texas Rules of Civil Procedure, you are requested to disclose, within 30

days after service of this request, the information or material d escribed in rule 194 a s set forth in the attached request.

The originals or copies of documents and other tangible items requested must be produced for inspection and copying

at 909 N .E. Loop 410, Suite 71 5, San Antonio, TX 78 209 within 30 days after service of this request, together with a

written response. Each written response must be preceded by the request to which it applies. No objection or assertion

of work produc t privilege is permitted to a request under this rule. If you fail to comply with this request, the court may

order sanctions against you in accordance with the Texas Rules of Civil Procedu re. Your response must be signed.

1 6.3. RU LE 1 94 R EQU EST

16.3.1. State the correct names of the parties to the lawsuit.

16.3.2. State the names, addresses, and telephone numbers of any potential parties.

16.3.3. State the legal theories and, in general, the factual bases of your claims or defenses.

16.3.4. State the amount and any method of calculating economic damages.

16.3.5. State the names, addresses, and telephone numbers of persons having knowledge of relevant facts, and

give a brief statement of each identified person's connection with the case.

16.3.6. For any testifying expert -

a . s ta te the exper t's name, address , and te lephone number;

b. sta te the subject m atter o n whic h the expert will testi fy;

c. state the general substance of the expert 's mental impressions and opinions and a brief

summary of the basis for them or, if the expert is not retained by, employed by, or otherwise

subject to your control, documents reflecting such information;

d. if an expert is retained by, employed by, or otherwise subject to your control, produce the



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originals or copies of the following:

i. all documents, tangible things, reports , models, or data compilations that have been

prov ided to , reviewed by, or prepared by or for the expert in antic ipation of the

expert's testimony; and,

ii . the expert 's cu rrent resume and b ib liography.

16.3.7. Produce the originals or copies of any indemnity and insuring agreements described in rule 192.3(f)

of the Texas Rules of Civil Procedure. Rule 192.3(f) provides in part as follows:

Indemn ity and Insuring Ag reements . Except as otherwise provided by law, a party may obtain discovery of the

existence and contents of any indemnity or insurance agree ment under which any p erson may be liab le to satisfy

part o r a ll o f a judgment rendered in the ac tion o r to indemnify or reimburse for payments made to satis fy the

judgment.

16.3.8. Produce the originals or copies of any settlement agreements described in rule 192.3(g) of the Texas

Rules of Civil Procedure . Rule 192.3(g) provides in part as follows:

Settlement Agreements. A party may obtain discovery of the existence and contents of any relevant portionsof a settlement agreement.

16.3.9. Produce the originals or copies of any witness statements described in rule 192.3(h) of the Texas Rules

of Civil Procedure. Rule 192.3(h) provides in part as follows.

Statements of Persons with Knowledge of R elevant Facts. A party may obtain discovery of the statement of

any person with knowledge of relevant facts - a "witness statement" - regardless of when the statement was

made. A witness statement is (1) a written statement signed or otherwise adopted or appro ved in writing by the

perso n making it, or (2) a stenogra phic, m echanic al, e lectr ical, o r other typ e of recording of a witne ss's oral

statement, or any substantially verbatim transcription of such a recording. Any person may obtain, upon written

request, his or her own statement concerning the lawsuit, which is in the possession, custody or co ntrol of any

party .

16.3.10. State the name, address, and telepho ne number of any person who may be designated as a third party.

XVII.

REQUEST FOR PRODUCTION TO FLORINDA CHAVEZ


17.2. Please take notice that request is hereby made, pursuant to Rules 192 and 196 of the Texas Rules of

Civil Procedure, that FLORIN DA CHAV EZ produce to the undersigned attorney for LULAC all documents responsive

to the attached Requests for Production of Documents.

17.3. Within 30 days after service of this Request for Production of Documents,you shall file a writtenresponse stating with respect to each request that documents are being attached as requested unless the request is objected

to, in which event the reason for the objection shall be stated.

17.4 . DEFINIT IONS AND INST RUCT IONS

17.4.1. As used herein, the terms you and your shall refer FLORINDA CHA VEZ, the attorneys, agents,

and all other natural persons or business or legal entities acting or purporting to act for or on behalf of FLORINDA

CHAVEZ, whether authorized to do so or not.



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17.4.2. The term documents shall mean all writings of every kind, source, and authorship, both originals and

all nonidentical cop ies thereof; in your possession or known b y you to exits, irrespective of whether the writing is one

intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including

without limitation any government agency, dep artment, administrative entity, or any private entity, or any person.

17.4.3. A document is deemed to be in your possession, custody or control if you have either actual physicalpossession of a d ocument o r constructive p ossession of the document. Constructive possession means that you have a

superior right to compel the production of such document or a copy thereof from a third party having actual physical

possession of the d ocument.

17.4.4. The term shall include handwritten, typewritten, printed, photocopied, photographic, or recorded

matter. It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information

stored in, or accessible through, computer or other information storage or retrieval systems, together with the codes

and/or programming instructions and other materials necessary to understand and use such systems. For purposes of

illustration and not limitation, the term shall include : affidavits; agendas; agreements; analyses; annou ncements; bills,

statements, and other records of obligations and expenditures; books; brochures; bulletins; calendars; canceled checks,

vouchers, receipts and other records of payments; charts, drawings; check registers; check books; circulars; collateral files

and contents; contracts; corporate by-laws; corporate charters; correspo ndence; credit files and contents; deeds of trust;

deposit slips; diaries, drafts; files; guaranty agreements; instructions; invoices; ledgers, journals b alance sheets, profitand loss statements, and other sources of financial data; letters; logs, notes, or memoranda of teleph onic or face-to-face

conversations; manuals; memoranda o f all kinds, to and from any persons, agencies, or entities; minutes; minute books;

notes; notices; parts lists; papers; press releases; printed matter (including published books, articles, speeches, and

newspaper clippings); purchase orders; records; records of administrative, technical, and financial actions taken or

recommended; reports; safety deposit boxes and contents and records of entry; schedules; security agreements;

specifications; statement of bank accounts; statements, interviews; stock transfer ledger; technical and engineering

reports, evaluations, ad vice, recomm endations, comme ntaries, conclusions, studies, test plans, manuals, procedures, data,

reports, results, and conclusions; summaries, notes, and other records a nd recordings of any con ferences, meetings, visits,

statements, interviews or telephone conversations; telegrams; teletypes and other communications sent or received;

transcripts of testimony; UCC instruments; work pape rs; and all other writings, the contents of which relate to, discuss,

consider, or otherwise refer to the subject matter of the particular discovery requested.

17.4.5. Person: The term person shall include individuals, associations, partnerships, corporations, andany other type of entity or institution whether formed for business purposes or any other purp oses.

17.4.6. Identify or Identification:

(1) When used in reference to a person, identify or identification means to state his or her full name,

present o r last known resid ence address, p resent or last known b usiness address and telephone number.

(2) When used in reference to a public or private corporation, governmental entity, partnership or

association, identify or identification means to state its full name, present or last known business address or operating

address, the name of its chief executive officer and telephone number.

(3) When used in reference to a document, identify or identification shall include statement of the

following:

(a) the ti tle, heading, or caption, i f any, of such document;

(b) the identifying number(s), letter(s), or combination thereof; if any; and the significance or

meaning of such number(s), letter(s), or combination thereof; if necessary to an understanding of the document and

evaluation of any claim of protection from discovery;

(c) the date appearing on such document; if no date appears thereon, the answer shall so state and

shall give the date or approximate date on which such document was prepared;

(d) the number of pages and the general nature or description of such document (i.e., whether it



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is a letter, memorandum, minutes of a meeting, etc.), with sufficient particularity so as to enable such doc ument to be

precise ly identified ;

(e) the name and capacity of the person who signed such document; if i t

was not signed, the answer shall so state and shall give the name of the person or pe rsons who prepared it;

(f) the name and capacity of the person to whom such document was addressed and the name

and capacity of such person, other than such addressee, to whom such do cument, or a copy thereof; was sent; and

(g) the physical location of the document and the name of its custodian or custodians.

(4) Unless a specific date or dates is set forth in any specific question herein, you are directed that each

question shall be answered for the period of time up to the present da te.

17.5. REQUEST FOR PRODUCTION

17.5.1. A copy of all contracts you have entered with any Defendant o r for the representation of any Defendant

at any time.

17.5.2. A copy of all employment information, including without limitation, wages, salaries, bonuses, stock

options, commission, earnings, income, employment c ontracts, pay raises, promotions, payroll deductions of any kind,

credit union accounts, pension plans, pension funds, retirement plans, retirement funds, stock plan and stock fund or other

benefits or deductio ns o f any k ind which are, were, p revio usly or whic h may b e in the future p aid, avai lable, accepted ,rejected, credited, offered, withheld for any purpose b y any individual, agency, department, com pany or otherwise, or

to which you are, were or may become entitled in the future since January 1st, 2011.

17.5.3. A copy of all records indicating any and all income received by you from any and all sources since

January 1st, 2011.

17.5.4. A cop y of all savings accounts, credit union or other passbo oks of yours, including those held by you

in your name or in your name jointly with any person or any entity, or in your name as trustee for any other p erson, since

January 1st, 2011.

17.5.5. A copy of all records pertaining to deeds or real estate in which you have acquired o r may have acquired

any interest at any time, including any leases, mo rtgages, appraisals or market a nalysis related thereto, together with any

evidence showing all contributions in cash or otherwise made by you to effect the acquisition of such real estate.

17.5.6. A copy of all sales agreements and /or options for any real estate owned by you and those held b y you

in your name jointly with any person or in your name as trustee or guardian for any other person or stock evidencing

ownership interest in a corporation holding real estate as its assets since January 1st, 2011.

17.5.7. A copy of all securities and investments owned or purchased by you since January 1st, 2011.

17.5.8. A copy of all financial statements, balance sheets and income statements received by you or prep ared

by an accountant or any other person for you or for any busine ss you have had an interest in including withou t lim ita tio n,

any and all prop rietorships, joint ventures, partnerships, realty trust, corporations or o ther legal entities in which you hold

a legal or equitable ownership or interest, individually or otherwise, since January 1st, 2011.

17.5.9. A cop y of all partnerships, joint venture agreements, declarations of trust, and/or corpora te records inwhich you have a legal or equitable interest, since January 1st, 2011.

17.5.10. A copy of all registrations to motor vehicles currently owned by you.

17.5.11.A copy of all record s pertaining to the transfer by gift or sale of any and all prop erty of whatsoever kind

or nature for the dates reque sted, such records to include any and all information relative to gains or losses realized from

transactions involving such transfer since the filing of this suit.



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17.5.12. Names, addresses, and telephone numbers of any and all proposed expert witnesses and all tangible

reports, physical models, compilations of date and other material prep ared by an expert or for an expert for this cause

of action.

17.5.13. A copy of all telephone bills for any and all telephone numbers obtained in your name since January

1st, 2011.

17.5.14. A cop y of all supporting documents evidenc ing all expenses you incurred while involved (either as a

Defendant or as an attorney representing any Defendant) in the Federal Courts case under Civil Number EP:12-cv-029 6,

In The United States D istrict Court for The Western District of Texas, El Paso Division.

17.5.15. A copy of all recorded statements of any and all witness and/or experts you intend to call at the time

of trial of this cause.

17.5.16. The names, addresses, telephone numbers (home and work) and any relevant documents relating to

all persons having knowledge of relevant facts who may be ca lled at trial in this case.

17.5.17. A cop y of all supporting docum ents evidencing all legal fees you incurred while involved (either as

a Defenda nt or as an attorney representing any Defendant) in the Federal Courts case under Civil Number E P:12-cv-

0296, In The U nited States District Court for The Western D istrict of Texas, El Paso Division.

17.5.18. A cop y of all records indicating all interest of any kind held by you in any and all corporations (foreign

or domestic) or any other entities not evidenced by certificates or other instruments since January 1st, 2011.

17.5.19. A copy of all records regarding the communications you had with PHILADELPHIAs attorneys

regarding the submission of the claim number generated by PHILADELPH IA under claim number PHFF1207 065231 5.

17.5.20. A copy of all records relative to all inter vivos trusts from which benefits have been received, are being

received or will be received by you, whether such trusts are revocable or non-revocable since January 1st, 2011.

17.5.21. A co py of all declarations of trust, and minute boo ks for all trusts to which you are a party.

17.5.22. A copy of all corporate records (articles of organization. by-laws and minute books) for everycorporation in which you have a lega l or equitable owne rship interest at the time this suit was filed.

17.5.23. A cop y of all books and record s showing any fringe benefits available to you from any business entity

in which you have a legal or equitable ownership interest, including without limitation, bonuses, health accident and

hospital insurance.

17.5.24. A copy of all records and statemen ts pertaining to any interest which you may have in any pension,

retirement or profit-sharing plans, including copies of the p lans.

17.5.25. A copy of all personal financial statements prepared by an ac countant or any other person for you or

for any business in which you have or had an interest since 2011.

17.5.26. A copy of all records of all bank acc ounts you which you are or were authorized to d raw funds sinceJanuary 1st, 2011.

17.5.27. A copy of any records reflecting the names and ad dresses of all persons who were witnesses to or have

knowledge or information of any relevant facts relating to this action or who p ossess proof of any incident(s) or who we re

eyewitnesses; all written memoranda and reports and pho tographs submitted to you or your attorney by any such person,

and all tape recordings or other evidence prepared from tape recordings made in connection with any wiretapping or

other electronic surveillance conducted by you or others on your behalf.



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17.5.28. A cop y of all photographs in your possession or under your control, which you intend to or may offer

at the time of trial.

17.5.29. A copy of all tape recordings, sound reproductions, video tapes or movies of you and/or Plaintiff,

Plaintiff agent, representatives, or member of the Board o f Directors and/or others in your possession or subjec t to your

control that you expect to present as evidence at any hearings under this cause action.

17.5.30. A copy of all personal calendars, diaries, memoranda, letters, recordings (whether video, telephone,

cassette, etc.), photographs, newspaper a rticles, hand written notes, and any other tangible item in your possession or

be ing held for your behalf, wheth er conta ining information regarding you, Plainti ff, Plaintiffs agent, representatives,

or membe rs of the Bo ard of Directors and/or o thers, or any party of the suit that are in your possession or subject to your


17.5.31. All records, receipts, lists, acknowledgments, canceled checks, of any and all payments made to you

either by cash or any other form of p ayment while and/or as result of your involvement (either as a Defendant or as an

attorney representing any Defendant) in the Federal Courts case under Civil Number EP:12-cv-0296, In The United

States District Court for The W estern District of Texas, El Paso Division, paid by any individual or entity.

17.5.32. A copy of all police reports and/or evidence intended to be used that you expect to present as evidence

at any hearings under this cause action.

17.5.33. A co py of all policies of insurance whether life, health, fire, liability, disability, home owners, persona l

article or otherwise in which the parties took out or claim any insurable interest while and/or as result of your

involvement (either as a Defendant or as an attorney representing any Defendan t) in the Federal Courts case under Civil

Number EP :12-cv-0296, In Th e U nited States Distr ict Court for T he Western D istrict of Te xas, E l Paso D ivision.

17.5.34. A cop y of any notes, bills, statements, invoices, evidence in any account receivable or indebted ness

owed or pa id to you by any De fendant while and/or as result of your involvement (either as a Defendant or as an attorney

representing any Defendant) in the Federal Courts case under Civil Number EP:12-cv-0296, In The United States

District Court for The Western District of Texas, El Paso Division.

17.5.35. A co py of all records that reflect your criminal record to include but not limited to any arrests, warrants,

etc.

17.5.36. A copy of all documents that you expec t to present as evidence at any hearings under this cause action.

17.5.37. A copy of all pictures that you expect to present as evidence a t any hearings under this cause ac tion.

17.5.38. A copy of all videos that you expect to present as evidenc e at any hearings under this cause action.

17.5.39. A copy of your entire records including but not limited to whether they are electronic records, papers

documents, emails, letters, audio recordings, video recordings, billing, itemized statements, expense records, faxes,

telephone calls, and any other records relating to the submission of the claim number generated by PHILAD ELPHIA

under claim number PHFF12070652315.

17.5.40. A copy of the entire package you provided PHILADELPHIA for payment under the claim numberPHFF12070652315.

17.5.41. A copy of any deposits of any monetary compensation received by you from any Defendant or by a

third party on behalf and for the benefit of any Defendant from January 1st, 2011, to present.

17.5.42. A cop y of the contract you have entered with any person representing you and/or assisting you in any

form in this cause of action.



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17.5.43. A co py of the payments you have made to any person representing you a nd/or assisting you in any form

in this cause of action.

17.5.44. A cop y of any payments you have made to any person or mad e by a third party on your behalf and for

your benefit for the legal representation under this case.

17.5.45. A co py of any evidence that supports your contention that you were entitled and/or had the right to fileda claim against Plaintiffs insurance policy with PHILAD ELPHIA.

17.5.46. A copy of any evidence that supports your contention that you had the appropriate authoriza tion to filed

a claim against Plaintiffs insurance policy with PHILAD ELPHIA.

XVIII.

REQUEST FOR INTERROGATORIES TO FLORINDA CHAVEZ


18.2. Under rules 190 and 197 of the Texas Rules of Civil Procedure, you are required to answer in complete

detail and in writing eac h of the attached interroga tories, sign your answers to the interrogatories, swear to the truth ofyour answers before a notary public or other judicial officer as required by rules 191.3(a) and 197.2(d) of the Texas

Rules of Civil Procedure, and deliver a complete, signed, and notarized c opy of your answers to the undersigned attorney

within 30 days following service of this request. If you fail to comply with the requirements above, the Court may order

sanctions against you in accordance with the Texas Rules of Civil Proced ure.

18.3. Definitions

18.3.1 "Identity and location" means the person's name and present or last known address and telephone

number. If any of the above information is not available, state any other means of identifying the individual.

18.3.2 "Person" includes and is intended to mean any natural person or the representative of any company,

limited liability company, firm, nonpublicly trad ed corpo ration, association, trust, business trust, partnership, limited

partnership, fam ily lim ited partnership, l imited l iability partnership, j oint ventu re, propr ietorsh ip, or any other fo rm ofbusiness enti ty.

18.3.3. "Entity" or "entities" includes and is intended to mean any company, limited liability company, firm,

nonpublicly traded corporation, association, trust, business trust, partnership, limited partnership, family limited

partnership, lim ited l iability par tnership, joint ventu re, propr ietorsh ip , or any other form o f busine ss entity.

1 8.4. Instructions

18.4.1 All information that is not privileged that is in the possession of FLORINDA CHAVEZ , her attorney,

investigators, agents, and consulting experts, as defined in the Texas Rules of Civil Procedure, employees, or other

representatives of FLORIND A CHAV EZ is to be divulged. Possession, custody, or control of an item means that the

person either h as p hys ica l possession of the item or has a right to posse ssion of the item that is equal or sup erior to tha t

of the person who h as physical possession of the item.

18.4.2. If an interrogatory calls for an answer that involves more than one part, each part of the answer must

be clearly set o ut so tha t it is understandable. Yo u must precede your answer to each separate interro gatory with the

question constituting the separate interrogatory.

1 8.5 O ptio n to Pro duc e R ec ord s



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18.5.1. If the answer to an interrogatory may be derived or ascertained from public records, from your business

records, or from a co mpilation, abstract, or summary of your business records, and the burden of deriving or ascertaining

the answer is substantially the same for LULAC as for you, you may answer the interrogatory by specifying and, if

applicable, producing the records or compilation, abstract, or summary of the records. The rec ords from which the

answer may be derived or ascertained must be specified in sufficient detail to permit LULAC to loc ate and identify them

as readily as you can. If you have specified business records, you must state a reasonable time and place for examination

of the documents. You must produce the docum ents at the time and place stated, unless otherwise agreed by the partiesor ordered by the court, and must provide LULAC a reasonable opportunity to inspect them.

1 8.6. IN TE RR OG AT ORIES

18.6.1. State the name, address, and telephone number of any person who is expected to be called to testify

at the trial of this lawsuit.

18.6.2. State which of your answers to these interrogatories are based on information obtained from other

pe rsons an d sta te th e name, address , and te lephone number of each person from whom you obtained the informatio n and

the date the information was obtained.

18.6.3. If you, at any time, had possession or control of a document requested in a request for production, and

if the document has b een lost, has been destroyed, or is not presently in your possession, custody, or control, describethe document, the date of its loss, destruction, purge, or separation from your possession, custody, or control, and the

circumstances surrounding its loss, destruction, purge, or separation from you r possession, custody, or control.

18.6.4. If any person or entity with which you are associated provides you with any fringe benefits (fringe

benefits include but are not limited to payment of perso nal exp enses; payment of housing expenses ; payment of medical,

hospitalization, or dental insurance, life insurance, annuities, and disab ility insurance policies; payment of automobile

expenses including note payment, gasoline, repairs, maintenance, insurance, and mileage compensation; payment of

travel allowances; deferred compensation plans, 401(k) co ntributions, stock options, or retirement or pension benefits;

country club or other membe rships; bonuses or dividends of any kind; use of company airplan es, homes, boats, or cars;

payment of business professional dues; interest-free or low-inte rest loans; payment of lega l fees; accounting or

bookkeeping services; and p ayment for items use d by you personally), sta te for each frin ge benefit-cost.

a. a description of the fringe benefit;b. the amount paid month ly by the p erson o r entity for the fringe b enefit; and,

c. the specific person or entity providing each fringe benefit.

18.6.5. If you claim any property (tangible or intangible) is protected by law from execution under a Court

Judgment or under the home stead protections afforded by the State of Texas, for each item of property state-

a. a description of the property;

b. all fa cts supporting your claims; and

c. your opinion of the value of the property.

18.6.6. If you have had any interest in any trust, for each trust state-

a . the identi fy and location of the t rust and t rustee(s ); andb. the identi ty and loca tion o f the entity o r institution in which the trust is or was held.

18.6.7. If you have made any gifts or transfers of funds, money, property, or property rights in excess of a

value of $500.00 in the aggrega te to any person unrelated or related to you by blood or marriage since the day this suit

was filed, for each such gift or transfer state-

a. th e id entity a nd lo ca tio n o f e ac h p erso n;

b. the d ate and nature of the g ift or tra nsfer; and



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c. th e v alue of th e gift o r ite m tra nsferre d.

18.6.8. Please describe any and all criminal convictions and arrests that you have, if any. For each please

state:-

a. the date; and

b. the c irc umstances of each.

18.6.9. Please state the name, address, and telephone number of the person or persons who first contacted

Defendants C & C and/or CUELLAR regarding the filing of the claim with PHILAD ELPH IA, claim number

PHFF12070652315.

18.6.10. Please state the name, address, and telephone number of the person or persons that authorized you to

file a claim against Plaintiffs insurance policy with PHILADELP HIA, claim number PHFF1 20706 52315.

18.6.11. Please briefly state the legal theories and factual allegations that supports your contention that you were

entitled to file a claim against Plaintiffs insurance policy, PHILADELPH IA, claim number PHFF12 07065 2315.

18.6.12. Please state the name, address and telephone number of every person you had contact before, during,

and after your filing regarding the claim with PHILAD ELPHIA, claim number PHFF1 207065 2315.

18.6.13. Please state the date that you received approval from Plaintiff that authorized you to file a claim against

Plaintiffs insurance policy with PHILAD ELPHIA , claim number PHFF1 2070652 315.

18.6.14. Please state the steps you took to ensure you obtained the proper approval from Plaintiff in order for

you to be able to filed the claim against Plaintiffs insurance carrier, PHILADELPHIA, claim number

PHFF12070652315.

18.6.15. Please state the name, address, and telephone number of the person or persons you kept informed

withing Plaintiffs Board of Directo rs (excluding you if you are a member of the board or any other Defenda nt) regarding

the claim filed against Plaintiffs insurance policy issued by PHILAD ELPHIA, claim number PHFF1 20706 52315 .

18.6.16. If you claim that you have the approval from Plaintiff to filed a claim against Plaintiffs insurancepo licy w ith PH ILADELPH IA as a resul t o f yo ur involvement in the suit filed under C ivil Nu mber EP :12 -cv-0 29 6, In

The United S tates District Court for The Western D istrict of Texas, El Paso Division , please state what steps you took

to ensure that yo have the proper appro val from Plaintiff to filed such claim.

18.6.17. If you contend that you were entitled to file a claim against Plaintiffs insurance policy with

PHILADELPHIA as a result of your involvement in the suit filed under Civil Number EP:12-cv-0296, In The United

States District Court for The W estern District of Texas, El Paso Division , please state your legal theories and factual

allegations that support your co ntention that you were entitle to filed such claim.


PHILADELPHIA regarding the filing of claim number PHFF12070652315.

XIX.

REQUEST FOR DISCLOSURE TO DEFENDANT BEATRICE ALBA M ARTINEZ

19.1 . T O: BEATRICE ALBA MART INEZ , 7007 Arboreal, Dallas T exas 75231 .


days after service of this request, the information or material describe d in rule 194 as set forth in the attached request.

The originals or copies of documents and other tangible items requested must be produced for inspection and copying



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at 909 N .E. Loop 410, Suite 71 5, San Antonio, TX 78 209 within 30 days after service of this request, together with a







19.3.3. State the legal theories and, in general, the factual bases of the claims or defenses of BEATRICE

ALBA MARTINEZ.








summary of the basis for them or, if the expert is not retained by, employed by, or otherwise

subject to the control of BEATRICE ALBA MARTINEZ , documents reflecting such

information;

d. if an expert is retained by, employed by, or otherwise subject to the control of BEATRICE

ALBA MARTINEZ, produce the originals or copies of the following:




ii . the expert 's cu rrent resume and b ib liography.

19.3.7. Produce the originals or copies of any indemnity and insuring agreements described in rule 192.3(f)

of the Texas Rules of Civil Procedure. Rule 192.3(f) provides in part as follows:

Indemn ity and Insuring Ag reements . Except as otherwise provided by law, a party may obtain discovery of the

existence and contents of any indemnity or insurance agreement under which a ny person may be liable to satisfy

part o r a ll o f a judgment rendered in the action o r to indemnify o r reimburse for payments made to satis fy the

judgment.

19.3.8. Produce the originals or copies of any settlement agreements described in rule 192.3(g) of the Texas

Rules of Civil Procedure . Rule 192.3(g) provides in part as follows:

Settlement Agreements. A party may obtain discovery of the existence and contents of any relevant portions

of a settlement agreement.

19.3.9. Produce the originals or copies of any witness statements described in rule 192.3(h) of the Texas Rules

of Civil Procedure. Rule 192.3(h) provides in part as follows.

Statements of Persons with Know ledge of Relevant Facts. A party may obtain discovery of the statement of

any person with knowledge of relevant facts - a "witness statement" - regardless of when the statement was

made. A witness statement is (1) a written statement signed or otherwise adopted or appro ved in writing by the

pe rson making it, or (2) a stenographic, mechanical, e lectrical, o r other typ e of recording of a witness's oral



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statement, or any substantially verbatim transcription of such a recording. Any person may obtain, upon written

request, his or her own statement concerning the lawsuit, which is in the possession, custody or control o f any

party .

19.3.10. State the name, address, and telephone numb er of any person who ma y be designated as a third party.

XX .

REQUEST FOR PRODUCTION TO BEATRICE ALBA MA RTINEZ

20.1 . T O: BEATRICE ALBA MART INEZ , 7007 Arborea l, Dallas T exas 75231 .

20.2. Please take notice that request is hereby made, pursuant to Rules 192 and 196 of the Texas Rules of

Civil Procedure, that BEATRICE ALBA M ARTINEZ , produce to the undersigned attorney for LULACany and all

documents responsive to the attached Requests for Production of Documents.

Within 30 d ays after service of this Request for Produc tion of Documents, BEATRICE ALBA MARTINEZ,

shall file a written response stating with respect to each request that docu ments are being attache d as requested unless

the request is objected to, in which event the reason for the objection shall be stated.

20.4 . DEFINIT IONS AND INST RUCT IONS

20.4.1. As used herein, the terms you and your shall refer to BEATRICE ALBA MARTINEZ, the

attorneys, agents, and all other natural persons or business or legal entities acting or purporting to act for or on behalf

of BEATRICE ALBA M ARTINEZ, whether authorized to do so or not.

20.4.2. The term documents shall mean all writings of every kind, source, and authorship, both originals and

all nonidentical cop ies thereof; in your possession or known b y you to exits, irrespective of whether the writing is one

intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including

without limitation any government agency, dep artment, administrative entity, or any private entity, or any person.

20.4.3. A document is deemed to be in your possession, custody or control if you have either actual physical

possession of a d ocument o r constructive p ossession of the document. Constructive possession means that you have asuperior right to compel the production of such document or a copy thereof from a third party having actual physical

possession of the d ocument.

20.4.4. The term shall include handwritten, typewritten, printed, photocopied, photographic, or recorded

matter. It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information

stored in, or accessible through, computer or other information storage or retrieval systems, together with the codes

and/or programming instructions and other materials necessary to understand and use such systems. For purposes of

illustration and not limitation, the term shall include: affidavits; agendas; agreements; analyses; annou ncements; bills,

statements, and other records of obligations and expenditures; books; brochures; bulletins; calendars; canceled checks,

vouchers, receipts and other records of payments; charts, drawings; check registers; checkbooks; circulars; collateral files

and contents; contracts; corporate by-laws; corporate charters; correspon dence; credit files and contents; deeds of trust;

deposit slips; diaries, drafts; files; guaranty agreements; instructions; invoices; ledgers, journals balance sheets, profit

and loss statements, and other sources of financial data; letters; logs, notes, or memoranda of telepho nic or face-to-faceconversations; manuals; memoranda o f all kinds, to and from any persons, agencies, or entities; minutes; minute books;

notes; notices; parts lists; papers; press releases; printed matter (including published books, articles, speeches, and

newspaper clippings); purchase orders; records; records of administrative, technical, and financial actions taken or

recommended; reports; safety deposit boxes and contents and records of entry; schedules; security agreements;

specifications; statement of bank accounts; statements, interviews; stock transfer ledger; technical and engineering

reports, evaluations, advice, recommenda tions, commentaries, co nclusions, studies, test plans, manuals, procedures, data,

reports, results, and conclusions; summaries, notes, and other records a nd recordings of any con ferences, meetings, visits,

statements, interviews or telephone conversations; telegrams; teletypes and other communications sent or received;



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20.5.5. A copy of all records pertaining to deed s or real estate in which you have acquired o r may have acquired

any interest at any time, including any leases, mortgages, app raisals or market analysis related there to, together with any

evidence showing all contributions in cash or otherwise made by you to effect the acquisition of such real estate.

20.5.6. A copy of all sales agreements and/o r options for any real estate owned b y you and those held by you

in your name jointly with any person or in your name as trustee or guardian for any other person or stock evidencing

ownership interest in a corporation holding real estate as its assets since January 1st, 2011.

20.5.7. A copy of all securities and investments owned or purchased by you since January 1st, 2011.

20.5.8. A cop y of all financial statements, balance sheets and income statemen ts received by you or prepared

by an accountant or any other person for you or for any business you have had an interest in including without lim ita tio n,

any and all prop rietorships, joint ventures, partnerships, realty trust, corporations or o ther legal entities in which you hold

a legal or equitable ownership or interest, individually or otherwise, since January 1st, 2011.

20.5.9. A cop y of all partnerships, joint venture agreements, declarations of trust, and/or corporate rec ords in

which you have a legal or equitable interest, since January 1st, 2011.

20.5.10. A copy of all registrations to motor vehicles currently owned by you.

20.5.11.A copy of all records pe rtaining to the transfer by gift or sale of any and all property of whatsoever kind

or nature for the dates reque sted, such records to include any and all information relative to gains or losses realized from

transactions involving such transfer since the filing of this suit.

20.5.12. Names, addresses, and telephone numbers of any and all proposed expert witnesses and all tangible

reports, physical models, compilations of date and other material prep ared by an expert or for an expert for this cause

of action.

20.5.13. A copy of all telephone bills for any and all telephone numbers obtained in your name since January

1st, 2011.

20.5.14. A cop y of all supporting documents evidenc ing all expenses you incurred while involved (either as a

Defendant or as an attorney representing any Defendant) in the Federal Courts case under Civil Number EP:12-cv-029 6,In The United States D istrict Court for The Western District of Texas, El Paso Division.

20.5.15. A copy of all recorded statements of any and all witness and/or experts you intend to call at the time

of trial of this cause.

20.5.16. The names, addresses, telephone numbers (home and work) and any relevant documents relating to

all persons having knowledge of relevant facts who may be ca lled at trial in this case.

20.5.17. A cop y of all supporting docum ents evidencing all legal fees you incurred while involved (either as

a Defendant or as an attorney representing any Defendant) in the Federal Courts case under Civil Number EP:12-cv-

0296, In The U nited States District Court for The Western D istrict of Texas, El Paso Division.

20.5.18. A cop y of all records indicating all interest of any kind held by you in any and all corporations (foreignor domestic) or any other entities not evidenced by certificates or other instruments since January 1st, 2011.

20.5.19. A copy of all records regarding the communications you had with PHILADELPHIAs attorneys

regarding the submission of the claim number generated by PHILADELPH IA under claim number PHFF1207 065231 5.

20.5.20. A copy of all records relative to all inter vivos trusts from which benefits have been received, are being

received or will be received by you, whether such trusts are revocable or non-revocable since January 1st, 2011.



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20.5.21. A co py of all declarations of trust, and minute boo ks for all trusts to which you are a party.

20.5.22. A copy of all corporate records (articles of organization. by-laws and minute books) for every

corporation in which you have a lega l or equitable owne rship interest at the time this suit was filed.

20.5.23. A cop y of all books and records showing any fringe benefits available to you from any business entity

in which you have a legal or equitable ownership interest, including without limitation, bonuses, health accident andhospital insurance.

20.5.24. A copy of all records and statemen ts pertaining to any interest which you may have in any pension,

retirement or profit-sharing plans, including copies of the p lans.

20.5.25. A copy of all personal financial statements prepared by an accountant or any other person for you or

for any business in which you have or had an interest since 2011.

20.5.26. A copy of all records of all bank acc ounts you which you are or were authorized to d raw funds since

January 1st, 2011.

20.5.27. A cop y of any records reflecting the names and addre sses of all persons who were witnesses to or have

knowledge or information of any relevant facts relating to this action or who p ossess proof of any incident(s) or who we reeyewitnesses; all written memoranda and reports and photo graphs submitted to you or your attorney by any such person,

and all tape recordings or other evidence prepared from tape recordings made in connection with any wiretapping or

other electronic surveillance conducted by you or others on your behalf.

20.5.28. A copy of all photograp hs in your possession or under your control, which you intend to or ma y offer

at the time of trial.

20.5.29. A copy of all tape recordings, sound reproductions, video tapes or movies of you and/or Plaintiff,

Plaintiff agent, representatives, or member of the Board of Directors and/or others in your possession or subject to your


20.5.30. A copy of all personal calend ars, diaries, memoranda, letters, recordings (whether video, telephone ,

cassette, etc.), photographs, newspaper articles, hand written notes, and any other tangible item in your possession orbe ing held for your behalf, whether c ontaining information r egarding you, Plaintiff , P laintiffs agent, representatives,

or members of the B oard of Directo rs and/or others, or any p arty of the suit that are in your possession or subject to your


20.5.31. All records, receipts, lists, acknowledgments, canceled checks, of any and all payments made to you

either by cash or any other form o f payment while and/or as result of your involvement (either as a Defendant or as an

attorney representing any Defendant) in the Federal Courts case under Civil Number EP:12-cv-0296, In The United

States District Court for The W estern District of Texas, El Paso Division, paid by any individual or entity.

20.5.32. A copy of all police reports and/or evidence intended to be used that you expect to present as evidence

at any hearings under this cause action.

20.5.33. A co py of all policies of insurance whether life, health, fire, liability, disability, home owners, persona larticle or otherwise in which the parties took out or claim any insurable interest while and/or as result of your

involvement (either as a Defendant or as an attorney representing any Defendant) in the Federal Courts case under Civil

Number EP :12-cv-0296, In Th e U nited States Distr ict Court for T he Western D istrict of Te xas, E l Paso D ivision.

20.5.34. A cop y of any notes, bills, statements, invoices, evidence in any account receivable or indeb tedness

owed or pa id to you by any Defenda nt while and/or as result of your involvement (either as a Defendant or as an attorney

representing any Defendant) in the Federal Courts case under Civil Number EP:12-cv-0296, In The United States

District Court for The Western District of Texas, El Paso Division.



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20.5.35. A co py of all records that reflect your criminal record to include but not limited to any arrests, warrants,

etc.

20.5.36. A copy of all documents that you expect to pre sent as evidence at any hearings under this cause action.

20.5.37. A cop y of all pictures that you expect to present as evidence at any hearings under this cause ac tion.

20.5.38. A copy of all videos that you expect to present as evidenc e at any hearings under this cause action.

20.5.39. A copy of your entire records including but not limited to whether they are electronic records, papers

documents, emails, letters, audio recordings, video recordings, billing, itemized statements, expense records, faxes,

telephone calls, and any other records relating to the submission of the claim number generated by PHILADELP HIA

under claim number PHFF12070652315.

20.5.40. A copy of the entire package you provided PHILADELPHIA for payment under the claim number

PHFF12070652315.

20.5.41. A copy of any deposits of any monetary compensation received by you from any Defendant or by a

third party on behalf and for the benefit of any Defendant from January 1st, 2011, to present.

20.5.42. A cop y of the contract you have entered with any person representing you and/or assisting you in any

form in this cause of action.

20.5.43. A co py of the payments you have mad e to any person rep resenting you and/or assisting you in any form

in this cause of action.

20.5.44. A copy of any payments you have mad e to any person or mad e by a third party on your behalf and for

your benefit for the legal representation under this case.

20.5.45. A copy of any evidence that supp orts your contention that you were entitled and/o r had the right to filed

a claim against Plaintiffs insurance policy with PHILAD ELPHIA.

20.5.46. A copy of any evidence that suppo rts your contention that you had the appropriate authorization to fileda claim against Plaintiffs insurance policy with PHILAD ELPHIA.

XXI.

REQUEST FOR INTERROGATORIES TO BEATRICE ALBA MARTINEZ

21.1 . T O: BEATRICE ALBA MART INEZ , 7007 Arboreal, Dallas T exas 75231 .

21.2. Under rules 190 and 197 of the Texas Rules of Civil Procedure, you are required to answer in complete

detail and in writing each of the attached interrogato ries, sign your answers to the interrogatories, swear to the truth of

your answers before a notary public or other judicial officer as required by rules 191.3(a) and 197.2(d) of the Texas

Rules of Civil Procedure, and de liver a complete, signed, and notarized copy of your answers to the undersigned attorney

within 30 days following service of this request. If you fail to comply with the requirements above, the Court may ordersanctions against you in accordance with the Texas Rules of Civil Proced ure.

21.3. Definitions

21.3.1 "Identity and location" means the person's name and present or last known address and telephone

number. If any of the above information is not available, state any other means of identifying the individual.

21.3.2 "Person" includes and is intended to mean any natural person or the representative of any company,



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limited liability company, firm, nonpublicly traded corporation, association, trust, business trust, partnership, limited

partnership, fam ily lim ited par tne rsh ip, limited liability par tne rsh ip, jo int ventu re, proprietorship, or any othe r form o f

business enti ty.

21.3.3. "Entity" or "entities" includes and is intended to mean any company, limited liability company, firm,

nonpublicly traded corporation, association, trust, business trust, partnership, limited partnership, family limited

partnership, lim ited l iability par tnership, joint ventu re, propr ietorsh ip , or any other form o f busine ss entity.

2 1.4. Instructions

21.4.1 All information that is not privileged that is in the possession of BEATRICE ALBA MARTINEZ ,

her attorney, investigators, agents, and consulting experts, as defined in the Texas Rules of Civil Procedure, emp loyees,

or other representatives of BEATRICE ALB A MAR TINEZ is to be divulged. Possession, custody, or control of an item

means that the pe rson either has physical possession of the item o r has a right to possession of the item that is eq ual or

superior to that of the person who has physical possession of the item.

21.4.2. If an interrogatory calls for an answer that involves more than one part, each part of the answer must

be clearly set o ut so tha t it is understandable. Yo u must precede your answer to each separate interro gatory with the

question constituting the separate interrogatory.

2 1.5 O ptio n to Pro duc e R ec ord s

21.5.1. If the answer to an interrogatory may be derived or ascertained from public records, from your business

records, or from a co mpilation, abstract, or summary of your business records, and the burden of deriving or ascertaining

the answer is substantially the same for LULAC as for you, you may answer the interrogatory by specifying and, if

applicable, producing the records or compilation, abstract, or summary of the record s. The reco rds from which the

answer may be de rived or ascertained must be specified in sufficient detail to permit LULAC to locate and identify them

as readily as you can. If you have specified business records, you must state a reasonable time and p lace for examination

of the documents. You must produce the documents at the time and place stated, unless otherwise agreed by the parties

or ordered by the court, and must provide LULAC a reasonable opportunity to inspect them.

2 1.6. IN TE RR OG AT ORIES

21.6.1. State the name, address, and telephone number of any person who is expected to be called to testify

at the trial of this lawsuit.

21.6.2. State which of your answers to these interrogatories are based on information obtained from other

pe rsons and s tate th e name, address, and te lephone number of eac h person fro m whom you obtained the information and

the date the information was obtained.

21.6.3. If you, at any time, had possession or control of a document requested in a request for production, and

if the document has b een lost, has been destroyed, or is no t presently in your possession, custody, or control, describe

the document, the date of its loss, destruction, purge, or separation from your possession, custody, or control, and the

circumstances surrounding its loss, destruction, purge, or separation from you r possession, custody, or control.

21.6.4. If any person or entity with which you are associated provides you with any fringe benefits (fringebenefits include but are not limited to payment of perso nal exp enses; payment of housing expenses ; payment of medical,

hospitalization, or dental insurance, life insurance, annuities, and disab ility insurance policies; payment of automobile

expenses including note payment, gasoline, repairs, maintenance, insurance, and mileage compensation; payment of

travel allowances; deferred compensation p lans, 401(k) contributions, stock options, or retirement or pension benefits;

country club or other membe rships; bonuses or dividends of any kind; use of company airp lanes, homes, boats, or cars;

payment of business professio nal dues ; interest-free or low-inte rest loans; payment of legal fees; accounting or

bookkeeping services; and p ayment for items use d by you personally), sta te for each frin ge benefit-cost.



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a. a description of the fringe benefit;

b. the amount paid month ly by the p erson o r entity for the fringe b enefit; and,

c. the specific person or entity providing each fringe benefit.

21.6.5. If you claim any property (tangible or intangible) is protected by law from execution under a Court

Judgment or under the home stead protections afforded by the State of Texas, for each item of property state-

a. a description of the property;

b. all facts supporting your claims; and

c. your opinion of the value of the property.

21.6.6. If you have had any interest in any trust, for each trust state-

a. th e id en tify an d l oc atio n o f th e tru st an d tr ust ee (s ); an d

b. the identity and locatio n o f the entity o r institution in which the trust is o r was held .

21.6.7. If you have made any gifts or transfers of funds, money, property, or property rights in excess of a

value of $500.00 in the aggregate to any person unrelated or related to you by bloo d or marriage since the day this suit

was filed, for each such gift or transfer state-

a. th e id entity a nd lo ca tio n o f e ac h p erso n;

b. the d ate and nature of the g ift or tra nsfer; and

c. th e v alue of th e gift o r ite m tra nsferre d.

21.6.8. Please describe any and a ll criminal convictions and arrests that you have, if any. For each please state:-

a. the date; and

b. the c irc umstances of each.


Defendants C & C and/or CUELLAR regarding the filing of the claim with PHILAD ELPHIA , claim number

PHFF12070652315.

21.6.10. Please state the name, add ress, and telephone number of the person or persons that authorized you to

file a claim against Plaintiffs insurance policy with PHILADELP HIA, claim number PHFF1 20706 52315.

21.6.11. Please b riefly state the legal theories and factual allegations that supports your contention that you were

entitled to file a claim against Plaintiffs insurance policy, PHILADELPH IA, claim number PHFF12 07065 2315.

21.6.12. Please state the name, address and telephone number of every person you had contact before , during,

and after your filing regarding the claim with PHILAD ELPHIA, claim number PHFF1 207065 2315.

21.6.13. Please state the date that you rec eived approv al from Plaintiff that authorized you to file a claim against

Plaintiffs insurance policy with PHILAD ELPHIA , claim number PHFF1 2070652 315.

21.6.14. Please state the steps you took to ensure you obtained the proper approval from Plaintiff in order foryou to be able to filed the claim against Plaintiffs insurance carrier, PHILADELPHIA, claim number

PHFF12070652315.

21.6.15. Please state the name, address, and telephone number of the person or persons you kept informed

withing Plaintiffs Board of Directo rs (excluding you if you are a member of the board or any other Defenda nt) regarding

the claim filed against Plaintiffs insurance policy issued by PHILAD ELPHIA, claim number PHFF1 20706 52315 .

21.6.16. If you claim that you have the appro val from Plaintiff to filed a claim against Plaintiffs insurance



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po licy w ith PH ILAD ELPH IA as a result of your inv olvement in the sui t f iled under C ivil Number EP :12 -cv-029 6, In

The United States District Court for The W estern District of Texas, El Paso Division , please state what steps you took

to ensure that yo have the proper appro val from Plaintiff to filed such claim.

21.6.17. If you contend that you were entitled to file a claim against Plaintiffs insurance policy with

PHILADELPHIA as a result of your involvement in the suit filed under Civil Number EP:12-cv-0296, In The United

States District Court for The W estern District of Texas, El Paso Division , please state your legal theories and factualallegations that support your co ntention that you were entitle to filed such claim.


PHILADELPHIA regarding the filing of claim number PHFF12070652315.

XXII.

REQUEST FOR DISCLOSURE TO DEFENDANT JOE CARDENAS

22.1. JOE CARDENAS, P.O. Box 29, Lousie, Texas 77455.


days after service of this request, the information or material described in rule 194 as set forth in the attached request.The originals or copies of documents and other tangible items requested must be produced for inspection and copying

at 909 N.E. Loo p 410, Suite 715, San Antonio , TX 78209 within 30 d ays after service of this request, together with a







22.3.3. State the legal theories and, in general, the factual bases of the claims or defenses of J O ECARDENAS.








summary of the basis for them o r, if the expert is not retained by, employed by, or otherwisesubject to the control of JOE CARDENAS , documents reflecting such information;

d. if an expert is retained by, employed by, or otherwise subject to the control of JOE

CARDENAS, produce the originals or copies of the following:




N:\Client Files\LULAC\Original Sui

LULAC Sues Linda Chavez Et Al and More Again

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