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Fourth Amendment to Plaintiffs Petition

In: Other Topics

Submitted By JenniferM85
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CAUSE NO. CV41C0220396
-------------------------------------------x §
JENNIFER MCFALL, Plaintiff(s) § § § IN THE JUSTICE COURT
VS. § § §
MATTHEW MACIAS and § PRICINCT 4, PLACE 1
SKYE BANEGAS §
DBA: MACIAS LOW COST AUTO, §
Defendant(s) §
-------------------------------------------x § HARRIS COUNTY, TEXAS

PLAINTIFF’S FOURTH AMENDED PETITION

The PLAINTIFF, Jennifer McFall, moves the court to amend her Original Petition in accordance to the Texas Rules of Civil Procedure - RULE 63. Amendments and Responsive Pleadings.

The Plaintiff demands to incorporate Defendant, SKYE BANEGAS into the civil suit, as she personally appeared before the court and claims to be part owner alongside Matthew Macias in the operation - DBA: Macias Low Cost Auto, located at 5414 Suzanna Lane in Spring, Texas 77389.

The Plaintiff is claiming Exemplary Damages, Punitive Damages, Compensatory Damages, in a case audit and demanding the judgement to be increased to the full amount allotted in civil court, of $10,000.00 (Ten Thousand Dollars and zero cents).

ARGUMENT
The Plaintiff, Jennifer McFall, is seeking the recovery an insurmountable claim for damages and presents a CASE COST AUDIT of damages totaling $12,052.46, attached.

The DEFENDANT(s) names are, Matthew Macias and Skye Banegas – DBA Macias Low Cost Auto’s to be included in the Plaintiffs petition and claim, who both appeared ready for the hearing scheduled April 22, 2015.
The Plaintiffs argument is based on the following facts listed below: I. EXEMPLARY DAMAGES a) EXHIBIT “A” - Vehicle Purchase cost, Title, and Blue Book Value 1) The Plaintiff purchased the vehicle, paid in full, in the amount of $7,000.00, see Original Purchase Agreement. 2) The Vehicle Title was in the Plaintiff, Jennifer L. McFall’s name, see Texas Title. 3) The Plaintiff’s vehicle was sold by the Defendant(s), to be found in contempt of court, after both Defendants were being given strict instructions by the Honorable Judge Goodwin - not to sell, move, or alter the vehicle in any way shape or form, due to being involved in a civil suit. 4) On April 20, 2015 the Plaintiff received a Certified Title History from the Texas Department of Motor Vehicles for the following Vehicle:
MAKE: MAZDA
MODEL: MAZDA 6
VIN# 1YVHP80C855M04160

5) The Defendant(s) committed Civil Theft by Conversion, utilizing a Government Agency - Texas Department of Motor Vehicles, and transferred title into the name: MATTHEW NICOLAS MACIAS, on March 10, 2015, while the Plaintiff/Owner was pending a civil suit in Precinct 4 Place 1 court. 6) The vehicle value in the Kelley Blue Book, retrieved May 9, 2016, is a value worth $4,252.00.

II. ECONOMIC DAMAGES a) EXHIBIT “B” - Loss Wages 1) The Plaintiff acquires a weekly salary of $1,192.31 ($238.46 Daily), and lost a total of Nine (9) days of work, for case settings in the Honorable Judge Goodwin’s Chambers, Precinct 4 Place 1, False Imprisonment at the Harris County Jail, criminal case settings in Harris County Court at Law No. 3, and bail bond settings following thereafter for the following dates: a) March 03, 2015, b) April 15, 2015, c) April 22, 2015, d) May 04, 2015, e) May 5, 2015, f) July 16, 2015 g) July 30, 2015 h) August 03, 2015 i) September 4, 2015 2) The Plaintiff suffered an immense hardship in the form of compensatory damages for lost wages in the amount of $2,146.14. III. COMPENSATORY DAMAGES a) EXHIBIT “C” – Court Costs 1) The Plaintiff paid court costs for an Abstract Judgement in the amount of $5.00 and Writ of attachment in the amount of $130.00, requesting further compensatory damages for court costs in the amount of $135.00.

b) EXHIBIT “D” – Rental Car Costs 1) The Plaintiff exhausted the resource of paying for a rental car during the length of the case from December 18, 2014 until May 05, 2015, in the amount of $1,812.29.

c) EXHIBIT “E” – Mailing Costs 1) The Plaintiff accrued Mailing expense in the amount of $207.03.

d) EXHIBIT “F” – False Imprisonment 1) On May 04, 2015, the Plaintiff appeared ready for trial and presented her case to Judge Goodwin. 2) The Defendant(s) were not present at the final trial hearing, scheduled May 04, 2015. 3) The Plaintiff was awarded a judgement by default in the amount of $2975.81, with post-judgement interest at 5%, and regained possession of the following vehicle:
MAKE: MAZDA
MODEL: MAZDA 6
VIN# 1YVHP80C855M04160

4) The Plaintiff utilized the Court Order, called the Harris County Sheriff’s Office for an escort, was told she could with said Court Order to retrieve the property. 5) The Defendant, SKY BANEGAS, entered the vehicle and sped off in the Plaintiff’s car in attempts to hide the vehicle. 6) The Plaintiff, Jennifer McFall followed the Defendant, SKY BANEGAS to her father’s house, where the Plaintiff was falsely arrested for an alleged Criminal Trespassing. 7) The Plaintiff posted bond in the amount of $2,000.00. 8) The Plaintiff hired Adam Banks Brown, as council, in the amount of $1,500.00 9) The Plaintiff suffered compensatory damages for False Imprisonment by the Defendant, SKYE BANEGAS in the amount of $3,500.00.
CONCLUSION
The Plaintiff hereby submits to this the court the modifications and amends her original petition, for the sole purpose of requesting for Exemplary Damages, Punitive Damages, Compensatory Damages, for the maximum allotted amount in a civil court of law in the amount of (Ten Thousand Dollars and zero cents) $10,000.00. Respectfully Submitted,

__________________________________ Jennifer L. McFall, pro se

CERTIFICATE OF SERVICE

I hereby certify the following correspondence and PLAINTIFF’S FOURTH AMENDED PETITION was delivered on this 9th day of May in 2016, to Matthew Macias and Skye Banegas – DBA: Macias Low Cost Auto located at 5414 Suzanne Lane, in Spring, Texas 77389, via:

USPS Priority Mail: 9489-3036-9930-0000-0365-01

Furthermore, delivered via facsimile to the Justice of the Peace, Honorable Lincoln Goodwin in Precinct 4 Place 1, located at 6831 Cypresswood Dr., Suite 4 in Spring, Texas 77379, via FAX: 713-437-4543.

Respectfully submitted, pro se,

________________________ Jennifer Lynn McFall

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