Case No. ______________
XXXX,
Plaintiff
vs.
XXXX
Defendant
IN THE DISTRICT COURT OF
_______________ COUNTY, XXX
_________ JUDICIAL DISTRICT
COMPLAINT
1. COMES NOW Plaintiff XXX, with this complaint against
the Defendant XXXX 4 RENT.
DISCOVERY
2. Plaintiff respectfully requests Discovery in this case be conducted under Level
Three (3) pursuant to Rule 190.1 of the Texas Rules of Civil Procedure.
PARTIES
3. Plaintiff, XXXX, is an individual, a resident of XXXX.
4. Defendant, AMERICAN HOMES 4 RENT of address
XXXX, is a real estate investment trust based in XXX, that
invests in single-family rental homes.
JURISDICITON AND VENUE
5. This Court has jurisdiction over the Defendant because Defendant has
conducted business and/ or committed torts in a manner to establish contacts necessary for
the imposition of the jurisdiction of this Court. This Court has jurisdiction over the subject
matter because the damages are within the jurisdictional limits of this court.
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6. LONG ARM JURISDICTION – The XXX Long-Arm Statute allows XXXX
courts to exercise jurisdiction over a nonresident defendant that "does business" in the state.
Tex. Civ. Prac. & Rem. Code Ann. § 17.042 (Vernon 2008). A nonresident defendant’s
minimum contacts must derive from purposeful availment: a nonresident defendant must
have "purposefully availed" itself of the privileges and benefits of conducting business in the
foreign jurisdiction to establish sufficient contacts with the forum to confer personal
jurisdiction. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-76, 105 S. Ct. 2174, 2183-
84 (1985)); Xenos Yuen v. Fisher, 227 S.W.3d 193, 200 (Tex. App.–Houston [1st Dist.]
2007, no pet.). An act or acts "by which the defendant purposefully avails itself of the
privilege of conducting activities" in Texas and "thus invok[es] the benefits and protections"
of Texas law, constitutes sufficient contact with Texas to confer personal jurisdiction.
Michiana Easy Livin’ Country, Inc. v. Holten, 168 S.W.3d 777, 784 (Tex. 2005) (quoting
Hanson v. Denckla, 357 U.S. 235, 253, 78 S. Ct. 1228, 1240 (1958)). In the instant action, the
Defendant’s principal office is at Calabasas, California. However, the Defendant does
business in the state of Texas, and has a Market Maintenance Representative located at 9012
FM 1976 Suite 201 Converse, TX 78109.
7. Venue is proper in this County pursuant to Tex. Civ. Prac. Rem. Code §
15.002(a)(1) because the facts constituting the causes of action herein occurred in whole or in
part in this County.
FACTS
8. Plaintiff lives with his parents and siblings at the aforesaid address.
9. Plaintiff’s father, Fernando Mendoza requested a repair of the gas leak of the
stove at the house on XXXX. On XXXX, he received an email from
Alton-Ashley Rice to set up an appointment. However, he did not schedule any appointment.
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10. On XXXX, Plaintiff’s father was informed that the main request was
sent to the wrong department and that David Miller would be contacting him. However,
David Miller did not contact Plaintiff’s father, as promised.
11. On XXXX, Plaintiff’s father called 911 since Plaintiff’s mother
was not able to control her breathing.
12. On XXXX, Plaintiff’s father called Tim Frantz and informed him
of the gas leak issue at the house. Plaintiff’s father also informed him that Center Point
Energy had detected a gas leak from the stove.
13. On XXXX, Plaintiff’s father was informed that in-house technicians
would be sent to inspect the stove.
14. On XXXX, the stove was replaced by a new one but Brookfield
technicians were not able to fix the leak.
15. As a result of the gas leak, Plaintiff developed health complications. He had
multiple hospital visits to diagnose and treat them.
16. It is notable that the gas leak not only caused health problems to Plaintiff, but
also to the rest of the family.
17. When Plaintiff’s father informed the employees and/or representatives of
American Homes 4 Rent about the gas leak, nothing was done for seven weeks. Even after
the stove was replaced, the gas leak still continued.
CLAIMS FOR RELIEF
COUNT 1
Negligence
18. Plaintiff hereby incorporates by reference all the allegations contained in all
the preceding paragraphs of this complaint as though fully stated herein.
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19. Defendant owed a duty of care to ensure the stove was in workable condition
and was adequately repaired.
20. Defendant breached the said duty by failing to fix the leak on the stove, and
doing nothing about it for seven weeks after being duly informed thereof.
21. As a result of Defendant’s action and/or inaction, Plaintiff, developed health
complications. He had multiple hospital visits to diagnose and treat them. Plaintiff’s family
members also developed health complications from the leak.
22. The actions of the Defendant are the closest cause of the injuries sustained by
the Plaintiff and his family. Had the Defendant fixed the leak on time, Plaintiff and his family
members would not have the health complications, and would not have incurred expenses in
seeking treatment at the hospital.
COUNT 2
Intentional infliction of Emotional Distress
23. Plaintiff hereby incorporates by reference all the allegations contained in all
the preceding paragraphs of this complaint as though fully stated herein.
24. The conduct of the Defendant as already alleged above is extreme and
outrageous conduct.
25. Notably, Defendant knew, and/or ought to know the dangerous risks of gas
leak, to Plaintiff’s safety and health.
26. Defendant committed the said conduct intentionally, with full knowledge of
the impact of the said conduct on the Plaintiff. Notably, Defendant intentionally failed to fix
the leak for seven weeks after being informed about it.
27. As a result of Defendant’s action and/or inaction, Plaintiff, developed health
complications. He had multiple hospital visits to diagnose and treat them. Plaintiff’s family
members also developed health complications from the leak.
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28. The actions of the Defendant are the closest cause of the injuries sustained by
the Plaintiff and his family. Had the Defendant fixed the leak on time, Plaintiff and his family
members would not have the health complications, and would not have incurred expenses in
seeking treatment at the hospital.
COUNT 4
Declaratory Relief
29. Plaintiff hereby incorporates by reference all the allegations contained in all
the preceding paragraphs of this complaint as though fully stated herein.
30. There now exists, between the parties hereto, a dispute and controversy to
which the Plaintiff and the Defendant are entitled to have a declaration of their rights and
further relief relating to the facts and circumstances as set forth in this action.
31. Plaintiff respectfully request this Honorable Court issue a declaratory
judgment declaring that the actions and/or inactions of the Defendant violates the rights of
Plaintiff, and issue appropriate remedies thereof.
PRAYER FOR RELIEF
WHEREFORE, the Plaintiff is entitled to damages from the Defendant, and he hereby
prays that judgment be entered in his favor and against the Defendant and the following relief
be issued:
i. Declaratory relief;
ii. Actual damages for the blameworthy conduct of the Defendant as alleged herein to
the maximum extent permitted under the law;
iii. Punitive damages;
iv. Interest as provided by law;
v. An award of fees and costs;
vi. Such other relief as the Court deems just and proper.
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Respectfully submitted:
Dated: __________
______________________________
XXXXX
.
Plaintiff Pro se
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CERTIFICATE OF SERVICE
I hereby certify on the ____________day of _______________,XXXX, that a true and correct
copy of the foregoing Complaint were served by placing a copy in the United States Postal
Service, with postage prepaid, addressed upon the following:
SERVICE ON:
XXXX
XXXX
______________________________
XXXX
.
Plaintiff Pro se
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