PLAINTIFFS VERIFIED COMPLAINT AND REQUEST FOR DECLARATIVE AND

INJUNCTIVE RELIEF

IN THE TARRANT COUNTY COURT AT LAW

YL      §

Plaintiff,      §

§

v.      § Case No. [Number Withheld]

§

PC; and SJ  §

Defendants.      §

PLAINTIFF’S VERIFIED COMPLAINT AND REQUEST FOR DECLARATIVE AND INJUNCTIVE RELIEF

NOW COMES YL, Plaintiff, and files this Complaint against PC and SJ, Defendants, and for cause would show this Honorable Court as follows:

    1. PARTIES

    1. Plaintiff YL is a law-abiding male adult of sound mind and a resident of 1332 Pepperidge Lane, Fort Worth TX.

    1. Defendant PC is a male adult of sound mind and a resident of 8100 North Riverside Dr, Fort Worth TX 76137.

    1. Defendant SJ is a male adult of sound mind and a resident of 6221 Tierra Dr, Shreveport LA 71119.

    • ABC Transport got into a contractual relationship with a dispatching company XYZ in the inception stage and the contractual relationship was memorialized on 06/01/2021. (Exhibit A)

    •  PC became upset on 01/06/22 when XYZ charged him dispatching fees of $36.19 for freight that he booked.

    • During a group chat discussion on 01/14/2022, Defendants gave Plaintiff similar ultimatums which if he didn’t meet, they would shut down ABC Transport. Defendants totally rejected the involvement of a third-party arbitrator to help them resolve their dispute.

    • Defendants held that they were no longer in agreement with the terms of the contract between ABC Transport and XYZ. However, the way they want to dissolve the company not only opens up lawsuits from multiple entities, but also causes immediate harm to Plaintiff since ABC Transport is his primary source of income.

    • Although the defendants have made it clear that they do not intend to continue being members of ABC Transport, the actions that they are taking are aimed less in dissolving the company and aimed at hurting Plaintiff’s ability to make a living.

    • Defendants are trying to orchestrate a charade whereby they want it to seem like they are winding up the company for legitimate reasons, but they are really doing it to hurt Plaintiff because they know it is his main source of income.

    • CAUSES OF ACTION

Tortious Interference With Existing Contractual Relations

    1. Plaintiff hereby incorporates the facts and allegations set out in Paragraphs 1-16 of this Complaint as though set out in full herein.

    1. “We have identified the elements of tortious interference with an existing contract as: (1) an existing contract subject to interference, (2) a willful and intentional act of interference with the contract, (3) that proximately caused the plaintiff’s injury, and (4) caused actual damages or loss. See ACS Investors, Inc. v. McLaughlin, 943 S.W.2d 426, 430 (Tex. 1997).”

    1. There exists a contract between ABC Transport and RTS Financial, under which Plaintiff leased out his truck for freight transport. That is Plaintiff’s main source of income.

    1. Defendants willfully and intentionally interfered with that contractual relationship when they gave false information to vendors of ABC Transport, including RTS Financial that Plaintiff was no longer a member of ABC Transport.

    1. The false information that Plaintiff was no longer a member of ABC Transport led to RTS Financial withholding $12,000 that Plaintiff had made from the use of his truck. As a result of the lies peddled by Defendants, Plaintiff no longer continues to earn money from his truck.

    1. Defendants knew very well that saying that Plaintiff was no longer a member of ABC Transport would lead to vendors such as RTS Financial taking drastic action against Plaintiff.

    1. The foregoing acts and/or omissions of Defendants constitute tortious interference with existing contractual relations. Plaintiff urges this Court to compel RTS Financial to pay Plaintiff $12,000 as consideration for the use of his truck and Defendants to pay Plaintiff damages for intentional interference with existing contractual relations.

    • PRAYER FOR RELIEF

REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this Honorable Court to grant him the following reliefs:

    1. GRANT judgment in favor of Plaintiff;

    1. ISSUE a declaration that Defendants have voted to dissolve the company;

    1. ORDER the dissolution of ABC Transport;

    1. ISSUE an order compelling RTS Financial to release $12,000 earned by Plaintiff as income from his truck;

    1. ISSUE an injunction prohibiting Defendants from opening up any other business checking or savings account for ABC Transport Logistics, LLC without providing that all members have full authoritative access to the account;

    1. ISSUE an injunction prohibiting Defendants or any of their agents from directing the insurance company to restrict Plaintiff from accessing or requesting any information relevant to any commercial vehicle covered under the policies of ABC Transport;

    1. ISSUE an injunction prohibiting Defendants or any of their agents from canceling the insurance of any truck owned by Plaintiff or any of his agents;

    1. ISSUE an injunction prohibiting Defendants or any of their agents from canceling, causing to go to default, or restricting any services or licenses that are essential to the lawful operation of ABC Transport Logistics, LLC;

    1. ISSUE an injunction prohibiting Defendants or any of their agents from instructing any client of XYZ including those clients whose trucks are leased unto ABC Transport from doing business with XYZ so that they can avoid any fees with XYZ by dispatching themselves or leaving ABC Transport in favor of going to another competitor;

    1. ISSUE an order of specific performance compelling Defendants to return all unused electronic devices back to Samsara in avoidance of incurring fines for not returning their equipment;

    1. AWARD Plaintiff punitive damages, pre and post judgment interests, costs of this suit and attorney fees;

    1. AWARD Plaintiff such equitable relief as may be appropriate under the circumstances; and

    1. AWARD Plaintiff such further relief as this Honorable Court deems necessary and proper.

Dated this ____ day of January, 2022.

Respectfully Submitted,

___________________________________

YL,

Plaintiff in pro per

VERIFICATION

I, YL, being duly sworn depose and say that I am the Plaintiff in the above-entitled action, that I have read the foregoing Complaint and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this ___ day of ___________________, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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