FILED

DALLAS COUNTY
9/8/2016 1:46:01 PM
FELICIA PITRE
DISTRICT CLERK

3 CT-E-SERVE
DC-16-11377

Freeney Anita

CAUSE NO.

JOANNA PENA" SERGIO RENDON

individually and on behalf of all others
similarly situated.

s
s
s
s
s

Plaintiffs,
v.

HMK LTD.,
KRAISH H. KRAISH, individually and
d/aH.N'{KLTD,
HANNAH E. KRAISH, individually and
d/aH.NlK LTD,

IN THE DISTRICT COURT

s
s
s

K-192ND

s
s
s
s

s
s

Defendants.

JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

PLAINTIFFS' ORIGINAL PETITION,

ON & REOUESTS FOR
CLASS ACTION

DISCOVERY

TO THE HONORABLE JUDGE OF SAID COURT:

Covrn Now Joanna Pena, Sergio Rendon, Individually and on behalf of all others

similarly situated, hereinafter called Plaintiffs, complaining of HMK LTD., Khraish

Development Group,LLC, Khraish H. Khraish and Hannah E. Khraish, hereinafter
referred to as Defendants, and for cause of action shows the Honorable Court and Jury
as

follows:

I.
DISCOVERY CONTROL PLAN
This matter should be conducted under a Level 3 Discovery Control Plan, pursuant to Rule
190 of the Texas Rules of

Civil Procedure.

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 1

il.
PARTIES
Plaintiffs Joanna Pena and Sergio Rendon are individuals who reside at827 Lomas
Street in Dallas, Dallas County, Texas.

Defendant Khraish H. Khraish is an individual who may be served at his office,1119

Singleton, Dallas, Dallas County Texas or his home address of 5810 CIub Oaks Drive, Dallas,
Texas 75248.

Defendant Hanna E. Kraish is an individual who may be served at his office,1119

Singleton, Dallas, Dallas County Texas, 75212-5217, or athis residence,l'6928 Preston Bend Dr.,
Dallas, TXX 7 5248-1 351.

Defendant HMK, Ltd. is a domestic limited partnership whose registered agent is

Defendant Khraish H. Khraish and may be served at1119 Singleton, Dallas, Dallas County
Texas, 75212-5217.

III.
JURISDICTION AND VENUE
This Court has jurisdiction of this matter as the amount in controversy exceeds $1,000,000
pursuant to Rule 47 of the Texas Rules of

substantial part

of the

events giving rise

Civil Procedure. Venue is proper because all or a

to Plaintiffs' claims occurred in Dallas County.

Furthermore, the Defendants have consented to venue in Dallas County.

IV.
INTRODUCTION
The Defendants are the most prolific slumlords in Dallas County who operate a business

which preys on the most vulnerable of Dallas County's citizens. The owners of approximately
ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

PageZ

450 rental properties in Dallas County, the Defendants' have bound tenants with a lease agreement

which violates various sections of the Texas Property Code, illegally fails to inform tenants of their
rights under the code and illegally imposes a duty to remedy conditions which affect the physical
health and safety of an ordinary tenant upon the tenants. A copy of the form of this lease agreement
is attached hereto as EXHIBIT D.
Over the past decade, the Defendants have strategically acquired hundreds of single-family
properties, primarily in the West Dallas area, north of Singleton, south of the Trinity River and

west of Sylvan Avenue (though they own properties all over Dallas, this is ihe area of highest
concentration; almost to the point of a monopoly). Tenants in these properties live in unspeakably
squalid conditions. By design, the Defendants illegally omit providing their tenants of statutorily
mandated notice of their rights to demand repairs. Those that do request repairs are frivolously

ignored or denied. As a result, many tenants simply stop asking for help. Dallas County tax
records show that many of the Defendants' rental properties are worth between $10,000 and
$20,000 and most are categorizedby appraisers aS "unsound," "vely poor," and "poor."

It is a stretch to call these Defendants landlords. Their business model is to acquire

as

much land as possible in the V/est Dallas area, spend nothing to maintain the homes, collect rents

from vulnerable tenants and exploit them by failing to do business in a manner that comports with
the requirements of the Texas Property Code (and illegally failing to inform the tenants of their
rights under the Code).
These Defendants are remarkably

litigious. Annually, they file suit against Dallas Central

Appraisal District, challenging the valuations on their hundreds of properties. The game plan is

simple: pay nothing to maintain these homes and then "win" in suits against DCAD by
demonstrating that the value of their hundreds of properties are as low as possible to minimize

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 3

their tax burden. These Defendants have learned that it is very, very profitable to break the law
and exploit their tenants

V.
FACTS
The Defendants operating as "HMK Ltd.' lease hundreds of properties throughout Dallas

County. Over at least the past six years (and certainly more), tenants of Defendants such

as

Plaintiffs have been parties to HMK standard residential lease which violates provisions of Texas
Property Code including Sections 92.006 e.92.0563(g). In simple terms, no plumbing, no heating,
rats and other vermin, missing doors, roofs

with large holes, collapsed floors, or any other hazard

is what you get as a tenant from the Defendants.

The Defendants know their standard lease is illegal. The HMK standard lease violates
Section 92.006(e) of the Texas Property Code in that it transfers the obligation to provide a repair

or remedy that affects "the physical health and safety of the ordinary tenant" by imposing upon
the tenants the duty to provide "Fumigating for Insects andlor Rodents." The Defendants, as
professional landlords, are certainly aware of their duties and obligations under the Texas Property
Code, and thus these violations are deliberate, constituting a knowing violation of Section 92.006.

Further, Section 92.056(9) of the Texas Property Code mandates that

"[a]

lease must

contain language in underlined or bold print that informs the tenant of the remedies available under

this section ["Landlord Liability and Tenant Remedies; Notice and Time for Repair"] and Section
92.0561["Tenant's Repair and Deduct Remedies"]." The standard HMK lease does not do so.

VL
CLASS ACTION ALLEGATIONS

Plaintif incorporate the previous paragraphs as if fully

set out herein.

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 4

Pursuant to Rule 42(b)(2), Plaintiffs, individually and on behalf

of a class of

persons

similarly situated seek class certification with respect to Counts III-V, as set forth herein.
Defendants have engaged in uniform, systematic, and continuous conduct throughout the class
period against Texas citizens which violates the Texas Property Code. The Defendants' violations

of section 92.006 &.92.056(9) of the Texas Property Code are unlawful, deliberate, and by design
seeking to circumvent statutory laws relating to property rentals to tenants which violate the rights

of Plaintiffs and other numbers of the proposed Class. Plaintiffs seek relief to secure redress for
Defendants' uniform and common practice as to all Class members.

In addition, Defendants engage in uniform and systematic conduct by conspiring to violate

Texas Property Code provisions, a scheme whereby the Defendants demand tenants sign lease
agreements which attempt to obligate tenants to pay for all repairs for properties which are at best

substandard and often uninhabitable. The blatant uniform and systematic actions of Defendants
as

to Plaintiffs and the Class members constitutes a conspiracy to violate Texas Property Code

provisions, including section 92.006 &, 92.05 6(9).

Under Texas Rule of Civil Procedure 42(b)(2), an action may be maintained as a class
action if the prerequisites of Rule 42(a) are satisfied and "the party opposing the class has acted or

refused to act on grounds generally applicable to the class, thereby making appropriate final
injunctive relief or corresponding declaratory relief with respect to the class as a whole."

Plaintif seek certification of the following class or classes under Texas Rule of Civil
Procedure 42(b)(2) (hereinafter the "Class"):

All persons who have entered into a lease or other agreement to rent
any property owned andlor controlled andlor managed by any
defendants from the time period 2008 to the present where the
person signed the attached "lease" or any similar type lease where
the lease attempts to obligate the tenant to pay all repairs for the
property leased.
ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 5

Excluded from the Class are employees of any Defendant, Plaintiffs'

counsel, and the assigned Judge to this matter and the Judge's
familY.
Defendants have acted or refused to act on grounds generally applicable to the Class,

thereby entitling Plaintiffs and the prospective Class to damages, an order providing injunctive
relief on behalf of the entire Class to enjoin and prevent Defendants from continuing to violate the
Texas Property Code Sections 92.006@) e.92.056(9), injunctive relief preventing and protecting

from retaliation against Plaintiffs and the Class as a result of exercising their rights under the Texas
Property Code.
The Class only encompass Texas citizens. Further, all Defendants are Defendants: (1) from

whom significant relief is sought by members of the Class; (2) whose alleged conduct forms a
significant basis fr the claims asserted by the proposed Class; and (3) who are citizens of Texas,

which is where this action was originally

filed. Plaintiffs class

action claims surround leases

demanded by Defendants (all Texas residents) that Texas residents must execute

in order to rent

property owned, contracted, andlor managed by the Defendants.

Further, the principal injuries resulting from the conduct or any related conduct of each

Defendant were incurred

in

Texas, which is where this action was originally filed; upon

information and belief, during the three year period preceding the hling of this class action, no
other class action has been filed asserting the same or similar factual allegations against any of the
Defendants on behalf of the same or other persons; and/or two-thirds or more of the members

of

all proposed Class in the aggregate and the primary Defendants are citizens of Texas, which is
where this action was originally filed.

Membership in the Class is so numerous as to make

members before the

it

impractical to bring all Class

Court. The exact number and other information of Class members

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

is

Page 6

unknown, but can be determined from the records maintained by Defendants. Insofar

as

Defendants own approximately 450 rental properties in Dallas County, and have for years, the
number of Class members almost certainly exceeds 1,000.

The named Plaintiffs are typical members of the Class. As alleged herein, Pena and
Rendon are Texas citizens who are tenants of the Defendants and who are being held hostage by
the Defendants illegal and unlawful lease falling under the class period.

Plaintif rights were intentionally violated by Defendants through Defendants' uniform

and common practice.

There are numerous and substantial questions of law and fact common to all of the
members of the Class, which make certification under Texas Rule of Civil Procedure 42(b)(2)
appropriate, such as:
a.

V/hether Defendants' uniform and systematic conduct with respect to their

leases violates Texas Property Code section 92.006(e) and92.056(9);

b.

'Whether

c.

V/hether Defendants acted or refused to act on grounds generally applicable

to the class, thereby making appropriate final injunctive relief and/or
corresponding declaratory relief with respect to the Class as a whole.

Defendants engaged in uniform and systematic conduct, whereby

they conspired to violate Texas Property Code provision(s), including
section 92.006, et seq. and92.056(9).

Plaintiffs have no interest adverse to the interests of the other members of the Class and

will fairly

and adequately protect the interests of the Class. Plaintif have retained counsel

experienced and competent in the prosecution of the class actions and complex litigation.

Certification of the Class with respect to Counts III - V is appropriate under Texas Rule of

Civil Procedure 42(b)(2)

because Defendants have acted or refused

to act on grounds generally

applicable to the Class, thereby making appropriate damages and final injunctive relief and/or
corresponding declaratory relief as necessary with respect to the Class as a whole.
ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 7

This action will allow an orderly and expeditious administration of the Class members'
claims, economies of time, effort and expense will be fostered, and uniformity of decisions will be

ensured. This action should present no diffrculty that would impede its management by the Court
as a class action which is the best available means by which Plaintiffs and the members

of the

Class can seek redress for the harms caused to them by the Defendants

VII.
TOLLING OF APPLICABLE STATUTES OF LIMITATION
Plaintiffs re-allege the allegations contained in previous paragraphs as if fully set forth
herein.

Any and all applicable statutes of limitation have been tolled by Defendants' fraudulent
concealment of the systematic practices alleged herein. Because Defendants deal with each
proposed class member individually, such class members are unable, acting alone, to discover

Defendants' uniform conduct and patterns of fraudulent conduct.

In addition to or alternatively, the discovery rule applies. Any and all claims, including
class claims, are tolled by the discovery rule.

vIIL
VIOLATIONS OF SECTION 92.006 - COUNT
The Defendants have violated Section 92.006 and they know
standard

it.

But they do not care. The

HMK lease (attached hereto as EXIIIBIT D.), violates Section 92.006 of the Texas

Property Code insofar as it transfers the obligation to provide a repa or remedy that affects "the
physical health and safety of the ordinary tenant" by imposing upon the tenants the duty to provide

"Fumigating for Insects and/or Rodents."

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page B

The Defendants' conduct constitutes a knowing violation of section 92.006 of the Texas
Property Code. Plaintif and all members of the Class are entitled to actual damages, a civil
penalty of one month's rent plus $2,000, and reasonable attorney's fees.

IX.
VIOLATIONS OF SECTION 92.0s6(g)

COUNT

II

The Defendants have violated Section 92.056(9) of the Texas Property Code with respect to
the lease agreements entered into with each of the Plaintiffs as well as each and every member

of

the prospective class in that the standard lease used by "HMK Ltd" does not contain language in

underlined or bold print (or any language whatsoever) that informs tenants

of the remedies

available under Section 92.056 or Section 92.056I of the Texas Property Code. Each violation

of

Section 92.056(9) of the Texas Property Code entitles Plaintiffs and each member of the Class to

statutory remedies enumerated under Section 92.0563 of the Texas Property Code (including,
without limitation, judgment against the landlord for a civil penalty of one month's rent plus $500,
costs of court and attomey's fees).

X.

VIOLATIONS OF THE DTPA _ COUNT III

The conduct of the Defendants singularly or in combination with others violated the Texas

Deceptive Trade Practices Act, Section 17.46(b) and 17.50 in one or more of the following
respects:

1.

Causing confusion or misunderstanding as to the source, sponsorship, approval

or certification ofgoods or services;

2.

Representing that an agreement confers or involves rights, remedies, or

obligations which it does not have or involve, or which are prohibited by law;

3.

Failing to disclose information concerning goods or services which was known

at the time of the transaction if such failure to disclose such information was
intended to induce Plaintiffs into a transaction into which they would not have
entered had the information been disclosed; and

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 9

4.

Engaging in an unconscionable a course of conduct.

Such conduct was a producing cause of Plaintif' injuries andlor damages. Such conduct was
done knowing and/or intentionally entitling Plaintiffs to additional damages.

XI.
VIOLATIONS OF SECTION 92.006 - COUNT IV
The violations of section 92.006 and92.056(9) of the Texas Property Code by the
Defendants have been uniform and systematic to Plaintiffs and the Class. Such violations are

knowingly entitling the Class to the damages permitted by Section 92.0563

as

well as injunctive

relief.

XII.
VIOLATIONS OF THE DTPA
The conduct

of

COUNT V

Defendants violates the DTPA, specifically sections 17.46(b) and

17.50(a)(3) of the Texas Business

&

Commerce Code by engaging in unconscionable actions

andlor causes of action through the use of a lease that violates the Texas Property Code, Section

92.006. The Defendants conduct was a producing cause of damages and injuries to Plaintiffs and
the prospective Class including additional damages under the DTPA for the Defendants' knowing
andl or

intentional conduct.

XIII.
ATTORNEY'S FEES
Plaintiffs and the Class have retained legal counsel to prosecute and protect Plaintiffs and
the Class's interests. Plaintiffs and the Class are entitled to reasonable attorney's fees through

trial, post trial proceedings, all appellate proceedings, and any other proceeding related to this
cause.

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 10

xIV
DISCOVERY
PLAINTIFFS' REQUEST FOR DISCOVERY

A.

Request for Disclosure

Defendant is hereby requested to disclose, within fifty (50) days of service of this

petition and incorporated request, the information or material described in Rule

a.2@)-$) of the Texas Rules of Civil Procedure, to the undersigned counsel of
record for Plaintiff.

B. Intenogatories
Defendant is hereby requested to answer, within fifty (50) days of service this

petition and incorporated request, the interrogatories attached hereto as "Exhibit 4,"
separately, fully, in writing, and under oath, pursuant to Rule L97 of the Texas Rules

of Civil Procedure, to the undersigned counsel of record for Plaintiff.

C.

Request for Production

Defendant is hereby requested to produce, within fifty (50) days of service of this

petition and incorporated request the documents and tangible items in the list
attached hereto as "Exhibit 8," pursuant to Rule 196 of the Texas Rules of Civil
Procedure, to the undersigned counsel of record for Plaintiff.

D.

Request for Admissions

Defendant is hereby requested to admit or deny, in writing, within (50) days of

service of this petition and incorporated request, the propositions of fact arrdf

otlaw

attached hereto as "Exhibit C," prtrsuant to Rule 198 of the Texas Rules of Civil
Procedure, to the undersigned counsel of record for Plaintiff.

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 11

XV.
REQUEST FOR JURY TRIAL
Plaintiffs request trial by jury.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray upon the appearance of the
Defendants and trial, they receive:

1.

Judgment against the Defendants jointly and severally;

2.

All additional

damages as provided by law including, without limitation, statutory

remedies enumerated in Section 92.0563 of the Texas Property Code;

3.

Certification of the Class;

4.

All

5.

All injunctive relief as prayed for, including injunctive relief for the Class;

6.

Reasonable attorney's fees;

7.

All pre and post judgment interest;

8.

Such other and further relief to which Plaintiffs and the Class are entitled.

damages to which the Class is entitled to;

and

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 12

Respectfully submitted,
HrNrvr,N /BvNuvr P.C.
By /s/Michael Hindman
Michael J. Hindman
State Bar #24000267
michael.hindman@hindmanbynum. com
5000 Greenville Ave Ste 200
Dallas, Texas 75206

(2t4) 94t-46rr
(469) e06-2340 (FAX)

LAW OFFICE OF MARK A. TICER

By: /s/Mark A. Ticer
Mark A. Ticer
State Bar #2001890
mticer@ticerlaw.com
Jennifer V/. Johnson
State Bar #24060029
jj ohnson@ticerlaw. com
10440 N. Central Expressway
Suite 600
Dallas, Texas 75204
(214)219-4220
(214)2re-4218 (FAX)

ATTORNEYS FOR PLAINTIFFS

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page L3

,EXHIBIT A"
PLAINTIFFS' REQUEST FOR INTERROGATORIES
TO DEFENDANT
DEFINITIONS AND INSTRUCTIONS

1.

As used herein, the terms "yor" and "your" shall refer the Defendants HMK Ltd.,
Hanna E. Khraish and Khraish H. Khraish named herein, Defendants' attorneys, agents, and all
other natural persons or business or legal entities acting or purporting to act for or on behalf of
Defendants, whether authorized to do so or not.

2.

As used herein, the term "STANDARD LEASE" refers toEXHIBIT D. attached

to Plaintiff s Original Petition.

3.

As used herein, the term "documents" shall mean all writings of every kind,
soutce and authorship, both originals and all non-identical copies thereol in your possession,
custody, or control, or known by you to exist, 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, department,
administrative, or private entity or person. The term shall include handwritten, typewritten,
printed, photocopied, photographic, or recorded matter. It shall include communications in
words, symbols, picfures, sound recordings, films, tapes, and information stored in, or
accessible through, computer or other information storage or retrieval systems, together with
the codes andf 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; arnouncements; bills, statements, and other records
of obligations and expenditures; books; brochures; bulletins; calendars; canceled checks,
vouchers, receipts and other records of payments; charts or drawings; check registers;
checkbooks; circulars; collateral files and contents; contacts; corporate bylaws; corporate
charters; correspondence; credit files and contents; deeds of trus deposit slips; diaries; drafts;
files; guaranty agreements; instructions; invoices; ledgers, journals, balance sheets, profit and
loss siatements, and other sources of financial data; letters; logs, notes, or memoranda of
telephonic or face-to-face conversations; manuals; memoranda of all kinds, to and from any
persons, agencies, or entities; minutes; minute books; notes; notices; parts lists; papers; Press
releases; printed matter (including books, articles, speeches, and newspaper clippings);
purchase orders; records; records of administrative, technical, and financial actions taken or
reconunended; reports; safety deposit boxes and contents and records of entry; schedules;
security agreements; specifications; statements of bank accounts; statements; interviews; stock
transfer ledgers; technical and engineering reports, evaluations, advice, recomrnendations,
commentaries, conclusions, sfudies, test plans, manuals, procedures , data, reports, results, and
conclusions; summaries, notes, and other records and recordings of any conferences/ meetings,
visits, statements, interviews or telephone conversations; telegrams; teletypes and other
communications sent or received; transcripts of testimony; UCC instruments; work papers; and
all other writings, the contents of which relate to, discuss, consider, or otherwise refer to the
subject matter of the particular discovery lequested.

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 14

4.

In accordance with Tex. R. Civ. P. Rt.Ie192.7, a document is deemed to be in your

possession, custody or control if you either have physical possession of the item or have a right
io possession of the item that is equal or superior to the person who has physical control of the
item.

5.

"Person": The term "person" shall include individuals, associations, partnerships,

corporations, and any other type of entity or instifution whether formed for business Purposes
or any other purposes.

6.

"Identify"or"Identification":

(u)

When used in reference to a person, "identify" or "identification" means to

state his or her full name, present or last known residence address, present or last
known business address and telephone number.

(b)

When used in reference to a public or private corporation, governmental

entity, partnership or association, "identify" or "identj-fication" 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.

(.)

When used in reference to a document, "identify" or "identjfication" shall

include statement of the following:

the title, heading, or caption, any, of such documen!

(i

the identifying number(s), letter(s), or combination thereol tf 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;

(ii

the date appearing on such documenu if no date appears thereon,

the answer shall so state and shall give the date or approximate date on which
such document was prepared;

(i")

the number of pages and the general nature or description of such

document (i.e., whether it is a letter, memorandum, minutes of a meeting, etc.),
with sufficient particularity so as to enable such document to be precisely

identified;

(") the name and capacity of the pefson who signed such document;
if it was not signed, the answer shall so state and shall give the name of the
person or persons who prepared iU

("i)

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 documen! or a copy thereof, was sen! and

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 15

(vii)

the physical location of the document and the name of its

custodian or custodians

7.

"Settlement": as used herein, means

(u)

an oral or written, disclosed or undisclosed agreement bargair contract,

settlement, partial settlement, limited settlement, arrangement, deal, understanding,
loan arrangement, credit arrangement, contingent settlement,limitation on the amount
of liability or judgment, or apromise by or between plaintiff and any defendant or
between any defendant herein whereby ptaintiff or defendant have in any way released,
compromised, in whole or in part, directly or indirect, or agreed to do so in the future,
any of the matters in controversy in this lawsuit whether before, after or during trial or
before or after any jury verdict is returned herein or a judgment is entered or rendered
herein.

(b)

any resolution of the differences between the plaintiff and defendant by

loan to the plaintiff ot any other device which is repayable in whole or in part out of any
judgment the plaintiff may recover against defendant.

(.)

The term "settlement" shall also include "Mary Carter Agreements" as that
term is used under Texas Law.

8.

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 and including the
present date.

INTERROGATORIES

1. With respect to the Standard Lease, please identify who created the form of the document
and the date upon which it was created:

ANSWER:

2.

With respect to the Standard Lease, please identify each and every person from whom you
have entered into an agreement using that document since January 1',20'l'0:

ANSWER:

3.

It it is your contention that infestations of insects and rodents are not something that affects
the physical safety of an ordinary tenant, please explain why this is your belief.

ANSWER:
ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 16

4.

Identify each and every employee of HMK Ltd. fromJanuary 1.,2010 through the
present date by name, address and telephone number. For each such employee, please
provide a job description as well as dates of employment.

ANSWER:

VERIFICATION
STATE OF TEXAS

s
s
s

COUNTY OF DALLAS

BEFORE ME, the undersigned authority, personally appeared

who stated, upon oath, that the statements made in the foregoing instrument are within his
personal knowledge and are tue and correct.

SUBSCRIBED AND SWORN TO BEFORE ME on

by

Notary Public, State of Texas

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page

t7

,EXHIBIT B"
PLAINTIFF'S FIRST REQUEST FOR PRODUCTIONS

DEFINITIONS AND INSTRUCTIONS

1,.

As used hereiru the terms "yor" and "your" shall mean the Defendant named
herein, and all attorneys, agents, and other natural persons or business or legal entities acting or
purporting to act for or on behalf of Defendant, whether authorized to do so or not.

2.

As used herein, the term "STANDARD LEASE" refers to EXHIBIlD.attached to

Plaintiff s Original Petition.

3.

As used herein, the term "documents" shall mean all writings of every kind,
source and authorship, both originals and all non-identical copies thereof, in your possession,
custody, or control, or known by you to exist, 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, department
administrative, or private entity or person. 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 andf or programming instructions and other materials necessary to understand and
use such systems. For purposes of illustration and not limitatioru the term shall include:
affidavits; agendas; agreements; analyses; announcements; bills, statements, and other records
of obligations and expenditures; books; brochures; bulletins; calendars; canceled checks,
vouchers, receipts and other records of payments; charts or drawings; check registers;
checkbooks; circulars; collateral files and contents; contracts; corporate bylaws; corporate
charters; correspondence; credit files and contents; deeds of trus deposit slips; diaries or 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
telephonic or face-to-face conversations; manuals; memoranda of all kinds, to and from any
persons, agencies, or entities; minutes; minute books; notes; notices; parts lists; papers; press
releases; printed matter (including books, articles, speeches, and newspaper clippings);
purchase orders; records; records of administrative, technical, and financial actions taken or
recounended; reports; safety deposit boxes and contents and records of entry; schedules;
security agreements; specifications; statements of bank accounts; statements or interviews; stock
transfer ledgers; technical and engineering reports, evaluations, advice, recorrunendations,
commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results, and
conclusions; surrunaries, notes, and other records and recordings of any conferences, meetings,
visits, statements, interviews or telephone conversations; telegrams; teletypes and other
ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 18

communications sent or received; transcripts of testimony; UCC instruments; work papers; and
all other writings, the contents of which relate to, discuss, consider, or otherwise refer to the
subject matter of the particular discovery requested.

4.

In accordance with Tex. R. Civ. P. RuLe192.7, a document is deemed to be in your

possession, custody or control if you either have physical possession of the item or have a right
io possession of the item that is equal or superior to the person who has physical control of the
item.

5.

"Person" or "persons" means any natural persons, firms, parbrerships,

associations, joint ventures, corporations and any other form of business organization or
atrangement, as well as governmental or quasi-governmental agencies. If other than a natural
person, include all natural persons associated with such entity.

6.

Any and all data or information which is in electronic or magnetic form should
be produced in a reasonable marner.
USE OF DEFINITIONS
The use of any particular gender in the plural or singular number of the words defined

under paragraph "1-", "Definitions" is intended to include the appropriate gender or number as
the text of any particular request for production of documents may require.

DOCUMENTS TO BE PRODUCED
1..

Copies of each and every lease agreement (whether using the Standard Lease or not)
you have entered into with any tenant who has paid you rent pursuant to such lease
agreement at any time since January 1',2010.

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page 19

"EXHIBIT C'
PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS

DEFINITIONS AND INSTRUCTIONS

1.

As used herein, the terms "yor" and "your" shall refer to Defendants,
Defendants' attorneys, agents, and all other natural persons or business or legal entities acting
or purporting to act for or on behalf of Defendants, whether authorized to do so or not.

2.

"Person": The term "pelson" shall include individuals, associations, partnerships,

corporations, and any other type of entity or institution whether formed for business purposes
or any other purposes.

4.

As used herein, the term'STANDARD LEASE" refers to EXHIBIT D.attached

to Plaintiffs Original Petition.
REQUESTS FOR ADMISSION

1.

Admit on the date that at all times since January 7,2010, you owned more than one
hundred rental properties in Dallas County, Texas.

ADMIT OR DENY:

2.

Admit that the Standard Lease did not comply with the Texas Property Code.

ADMIT OR DENY:

3.

Admit that you had awareness of your duties as a landlord

lessor under Texas Property

Code section92.006 at all times since January 1,2010.

ADMIT OR DENY:

4.

Admit that you have entered into agreements to lease residential properties to tenants using
the Standard Lease on at least 500 occasions since January 1.,201.0.

ADMIT OR DENY:

5.

Admit that on August 25,2010, you were aware that under the Texas Property Code you
were not allowed to shift the responsibility for extermination of the premises to Plaintiff.

ADMIT OR DENY:

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page20

7.

Admit that in the lease you misrepresented to Plaintiff that you had no responsibility to
provide extermination of the premises and that it was his responsibility.

ADMIT OR DENY

8.

On August 25,2010, you knew that it was illegal under the Texas Property Code for you
to attempt to place a burden on tenants to provide for extermination and / or
fumigation for pests and rodents.

ADMIT OR DENY:

9.

Admit that the language in the Standard Lease that illegally attempts to shift the burden
to tenants such as Plaintiff to "fumigate...for rodents" is fraudulent.

ADMIT OR DENY:
10. Admit that the language in the Standard Lease that illegally attempts to shift the burden
to tenants such as Plaintiff to "fumigate...for rodents" is to discourage tenants such as
Plaintiff from making arry complaints to you about rodents on the premises.

ADMIT OR DENY:
11. Admit that upon receiving complaints from tenants of vermin, insects, rodents, or other
pests, you have not fumigated or taken remedial steps, on the grounds that such actions
are the responsibility of tenants pursuant to your lease agreements.

ADMIT OR DENY:

12. Admit that you did not install and re-key statutorily compliant security devices in your
residential rental units.

ADMIT OR DENY

13. Admit that the Standard Lease does NOT contain language in underlined or bold print
that informs the tenant of the remedies available under Section 92.053 and Section
92.0561, of the Texas Property Code.

ADMIT OR DENY

ORIGINAL PETITION IN INVERVENTION AND CLASS ACTION PETITION

Page27

LEASE

1.

FOR:

75223

LESSOR: HMK. LTD.

l1t9 SingletonBlvd.

Dallas TX.25212

2, LESSEE:
3. Addess:
4. Deposil -tas
$150.00
5. Rent: $4@09
6.

Rent Due Date:

'7.

Move In Date

lst of each month.

Term of Lease: month to month.

8.

Place of Payment: oavable ln advance at 1119 Sinsleton Blvd.. Dallas. TX 75212.

9.

LESSEE

will

be liable fon

oAll Utlllties
oMaliclous Damage to

Propefi

oCutting Grass nd Weeds

10.

Removal ofTrash, Junk Cars, Etc.

rFumigtlng for Insects and/or Rodents
Provlding Mall Box

LESSEE will be liable for and a service charge will be made for:
Damage and Mlsuse of Plumbing
rBroken Wlndows, \illndow Glass, Doors, Etc.
r(Police repod number ls requlred to walve charge lf break-ln has occurred.)

.Frozen Pipes
I

l.

12.

It is not permitted to:

rPrk any Vehicle Over One Ton on Premlses
Park Vehicles on Grass or Unapproved Surfaces
.Do rny Mechanlcs on Vehlcles Other Than Your Own
rHeve More Than One (I) Family Per House
.Keep ny swine, chickens, or other domestlc fowl; you rnay keep dogs, cats, or other household pets as
long as they are kcpt in reasonable numbers.
Deposit will be rcfunded when lessee moves out unless lessee has:
rl,lved ln house less tban slx (6) months
rFiled to give a thiy (30) day notice beforc movlng out

Damaged the house

rl,eft trsh in he house
rleft trsh in the yard

rNot mowed the yard

Left with unpaid rent
charge will be made against the deposit for any of the above iterns. An inspection of the house by the
Lessor is required prior to any refund,

14. You cannot transfer this lease to another personts name ryithout prior approval of management.
accept and agree to the terms and conditions ofthe above reutal contract and agree to abide by it.

I (we)

ATE:

I
el= r /2or L(