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CAUSE NO. ______________________

ALEJANDRO CARDONA, YANELLI

ARELANO, HERIBERTO L. GOMEZ, ELAINE COCHRAN, DIANA MOJICA, MARIA GUTIERREZ, CHARLIE

CHAVEZ, LUPE C. TURNER, JUAN PEREZ, GERARDO GARCIA, ROSA IN THE DISTRICT COURT

CERVERA, IDALIA PEREZ, JESUS CORDOVA, PATSY RANGEL, ERIC RANGEL, ANA D. CORTEZ,

ADOLFO RESENDIZ, NORMA PAGAN, DAVID IBARRA SANCHEZ,

LISA DE LOS SANTOS, CASSANDRA HERNANDEZ, MARIA IDALIA GARCIA, LINDA MARTINEZ, ALICIA

MARTINEZ, STEVE PEREZ, ELVA MEDINA, JUANA P. ESCOBAR,

GERARDO PEDROZA, NANCY ZAMORA, EDUARDO ZAMORA, VICTOR HERNANDEZ, VANESSA

CALVILLO, JUAN FLORES, MARGARITA FLORES, EUFEMIA Z. CHAVEZ,

BARBARA ROMO, CHUCK GLADDEN, GINA GLADDEN, ELENA RODRIGUEZ, JUAN P. GARCIA, MARIA GODINA,

ELISEO G. ZAVALA, ELIDA CONTRERAS, JUAN CONTRERAS,

LUIS CORDOVA, RUTH MORENO, JUANITO C. CANTU, SHERRY POSEY, LISA G. NAVARRO,

CAROL ANN THOMPSON, NORMA MOSQUEDA, KRYSTAL KLEIN,

ARMANDO BUENTELLO, MARIA RODRIGUEZ, DAGOBERTO RODRIGUEZ,SERGIO VASQUEZ,

OLIVIA GUTIERREZ, KARLA RODRIGUEZ, HECTOR GARZA, GRISELDA GARZA, _________ JUDICIAL DISTRICT

ARMANDO RUIZ, MARIA HERNANDEZ, OSCAR PALAFOZ, TINA WALTERS, LORENA GUERRERO, LISELA

BONILLA, ONEYDA PEREZ, BRENDA REYNA, BLANCA ADAM, BARBARA

ADAM, SHIRLEY TREW, EDWARD PESINA, MATILDA ERRISURIZ,

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SAMUEL H. MONTEZ, MARIA REYES, IMELDA GARZA, HECTOR

GARZA, GRISELDA VALDES, MARY C. FLORES, HOMER FLORES, JUAN

VEGA, NAYELY RODRIGUEZ, ALEJANDRO CHAVEZ, MARY PERALES, SYLVIA CASEY, FLORENTINA REYES,

MANUEL DE LA O, DALIA G. DELUNA, IDA E. WILKINS, J. GUADALUPE

VALDEZ, CHRIS RAMIREZ, ANA C. MONTGOMERY, TRINIDAD MORENO, VERNA SIMPSON, MARTIN TREVINO,

JUANITA TREVINO, SANDRA SAENZ, AURORA CIRILO ESTRELLA,

DELFINA GONZALES, MARIA CALZADA, CHARLIE CHAVEZ, ORLANDO COLLAZO, FRANK CUBILLOS,

FERNANDO DELEON, CHRISTINA FLORES, ANGEL FLORES, GLORIA

FLORES, ANA GARZA, SERGIO GARZA, JUAN O. GARZA, MARK GUERRERO, BRENDA HERNANDEZ, JORGE LOPEZ,

MARIA MOLINA, BRUCE ORCUTT, RUTH MOLINA, JOSE NAVARRO,

NORMA NAVARRO, ALLAN RAMOS, FLORENTINA REYES, LINDA REYNA, ROSA RIOS, ELENA RODRIGUEZ,

FRANCISCO J. RODRIGUEZ, HOMER RODRIGUEZ, JACOBO RODRIGUEZ,

BRITTANY RODRIGUEZ, MONICA RODRIGUEZ, MARIA IDALIA TREVINO, ANGELICA URENA, RICK SOWELL, and

RICKY REYES Plaintiffs

vs.

MISSION TRAILS SA MHC, LLC, MISSION TRAILS MHC, LLC, and BEXAR COUNTY, TEXAS

AMERICAN FAMILY COMMUNITIES, LLC Defendants

PLAINTIFFS ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

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Plaintiffs, ALEJANDRO CARDONA, YANELLI ARELANO, HERIBERTO L.

GOMEZ, ELAINE COCHRAN, DIANA MOJICA, MARIA GUTIERREZ, CHARLIE

CHAVEZ, LUPE C. TURNER, JUAN PEREZ, GERARDO GARCIA, ROSA CERVERA,

IDALIA PEREZ, JESUS CORDOVA, PATSY RANGEL, ERIC RANGEL, ANA D.

CORTEZ, ADOLFO RESENDIZ, NORMA PAGAN, DAVID IBARRA SANCHEZ, LISA

DE LOS SANTOS, CASSANDRA HERNANDEZ, MARIA IDALIA GARCIA, LINDA

MARTINEZ, ALICIA MARTINEZ, STEVE PEREZ, ELVA MEDINA, JUANA P.

ESCOBAR, GERARDO PEDROZA, NANCY ZAMORA, EDUARDO ZAMORA, VICTOR

HERNANDEZ, VANESSA CALVILLO, JUAN FLORES, MARGARITA FLORES,

EUFEMIA Z. CHAVEZ, BARBARA ROMO, CHUCK GLADDEN, GINA GLADDEN,

ELENA RODRIGUEZ, JUAN P. GARCIA, MARIA GODINA, ELISEO G. ZAVALA,

ELIDA CONTRERAS, JUAN CONTRERAS, LUIS CORDOVA, RUTH MORENO,

JUANITO C. CANTU, SHERRY POSEY, LISA G. NAVARRO, CAROL ANN

THOMPSON, NORMA MOSQUEDA, KRYSTAL KLEIN, ARMANDO BUENTELLO,

MARIA RODRIGUEZ, DAGOBERTO RODRIGUEZ, SERGIO VASQUEZ, OLIVIA

GUTIERREZ, KARLA RODRIGUEZ, HECTOR GARZA, GRISELDA GARZA,

ARMANDO RUIZ, MARIA HERNANDEZ, OSCAR PALAFOZ, TINA WALTERS,

LORENA GUERRERO, LISELA BONILLA, ONEYDA PEREZ, BRENDA REYNA,

BLANCA ADAM, BARBARA ADAM, SHIRLEY TREW, EDWARD PESINA, MATILDA

ERRISURIZ, SAMUEL H. MONTEZ, MARIA REYES, IMELDA GARZA, HECTOR

GARZA, GRISELDA VALDES, MARY C. FLORES, HOMER FLORES, JUAN VEGA,

NAYELY RODRIGUEZ, ALEJANDRO CHAVEZ, MARY PERALES, SYLVIA CASEY,

FLORENTINA REYES, MANUEL DE LA O, DALIA G. DELUNA, IDA E. WILKINS, J.

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GUADALUPE VALDEZ, CHRIS RAMIREZ, ANA C. MONTGOMERY, TRINIDAD

MORENO, VERNA SIMPSON, MARTIN TREVINO, JUANITA TREVINO, SANDRA

SAENZ, AURORA CIRILO ESTRELLA, DELFINA GONZALES, MARIA CALZADA,

CHARLIE CHAVEZ, ORLANDO COLLAZO, FRANK CUBILLOS, FERNANDO

DELEON, CHRISTINA FLORES, ANGEL FLORES, GLORIA FLORES, ANA GARZA,

SERGIO GARZA, JUAN O. GARZA, MARK GUERRERO, BRENDA HERNANDEZ,

JORGE LOPEZ, MARIA MOLINA, BRUCE ORCUTT, RUTH MOLINA, JOSE

NAVARRO, NORMA NAVARRO, ALLAN RAMOS, FLORENTINA REYES, LINDA

REYNA, ROSA RIOS, ELENA RODRIGUEZ, FRANCISCO J. RODRIGUEZ, HOMER

RODRIGUEZ, JACOBO RODRIGUEZ, BRITTANY RODRIGUEZ, MONICA

RODRIGUEZ, MARIA IDALIA TREVINO, ANGELICA URENA, RICK SOWELL, RICKY

REYES (hereinafter referred to collectively as Plaintiffs) complaining of Defendants

MISSION TRAILS MHC, LLC; MISSION TRAILS SA MHC, LLC; and AMERICAN

FAMILY COMMUNITIES, LLC (hereinafter referred to individually or collectively as

Defendants), and for cause of action would respectfully show the Court as follows:

I. DISCOVERY CONTROL PLAN

This action is governed under Discovery Control Plan Level II.

II. PARTIES

Plaintiffs are all individuals who reside in San Antonio, Bexar County, Texas.

Defendant MISSION TRAILS MHC, LLC, (hereinafter referred to as Mission

Trails) is a limited liability corporation doing business in Texas. Service may be

effectuated on its registered agent, JACK SKAGGS, by certified mail, return receipt

requested at 100 Congress Ave., Suite 1100, Austin, Texas 78701-4042.

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Defendant MISSION TRAILS SA MHC, LLC (hereinafter referred to as Mission

Trails SA) is a limited liability corporation doing business in Texas. Service may be

effectuated on its registered agent, JACK SKAGGS, by certified mail, return receipt

requested at 100 Congress Ave., Suite 100, Austin, Texas 78701-4042.

Defendant AMERICAN FAMILY COMMUNITIES, LLC (hereinafter AFC) is a

foreign limited liability corporation formed in the state of Colorado, with its principal

place of business in Castle Rock, Colorado, and may be served pursuant to Texas Rule

of Civil Procedure 103 through the Texas Secretary of State, who may serve AFC at

200 S. Wilcox St., #303, Castle Rock, CO 80104.

III. VENUE

Venue of this suit lies in Bexar County, Texas for the following reasons:

(a) Under the Texas Civil Practice and Remedies Code 15.001, venue is proper because all or part of the causes of action alleged herein accrued in

Bexar County, Texas. (b) Under the Texas Deceptive Trade Practice Act, the Manufactured Housing

Standards Act and Chapter 94 of the Texas Property Code (Manufactured Home Tenancies), venue is proper because Defendants have done business in Texas

as follows: 15.036, venue of proper because at all times material to the cause of action detailed below, Plaintiffs resided in Bexar County and Defendant conducts business in Bexar County, Texas. Furthermore, the actions complained

below arose in whole or in part in San Antonio, Bexar County, Texas.

IV. TRADE AND COMMERCE

Defendants have, at all times described below, engaged in conduct which

constitutes trade and commerce as those terms are defined by 17.45(6) of the

DTPA.

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V. ACTS OF AGENTS

Whenever it is alleged that Defendants did any act, it is meant that: (1)

Defendants performed or participated in the act, or (2) Defendants officers, agents, or

employees performed or participated in the act on behalf of and under the authority of

the Defendants.

VI. NATURE OF DEFENDANTS OPERATIONS

Defendants are engaged in the operation of mobile home parks, the sale of

mobile homes and the leasing of mobile homes in Texas and throughout the country.

The name and location of the mobile home park made the basis of this lawsuit is

Mission Trails Mobile Home Park located at 1515 Mission Trails, San Antonio, Texas

78210.

Defendants are provisionally licensed through the Texas Department of Housing

and Community Affairs under provisional license number MHDRET00036720.

VII. SPECIFIC FACTUAL ALLEGATIONS

On or about October of 2012, Defendants purchased the mobile home park

located at 1515 Mission Rd in San Antonio, Texas. Defendants assumed the former

owner, San Antonio MHCs responsibilities to its tenants and continued the operation of

the mobile home park to the present time.

Under Mission Trails MHC, LLCs ownership, the park has committed numerous

reprehensible and serious violations against its residents including but not limited to: (1)

failing to maintain the property in regard to sewer/water services; (2) subjecting

residents to bacterial, fungal and other toxins due to a refusal to correct, repair and

maintain the sewage system; (3) allowing dangerous conditions to exist on the premises

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with a refusal to repair and remedy them; (4) allowing raw sewage to back-up onto

property and into homes; (5) subjecting residents to contaminated water; (6) allowing

improper drainage leading to standing water and flooding resulting in stagnant,

mosquito infested pools of water and sewage; (7) inadequate water pressure to homes;

(8) refusal to make necessary repairs to homes; (9) failing to provide amenities and

services pursuant to lease agreements; (10) illegal and fraudulent charges for water use

(11) illegally overcharging residents for taxes with conversion and theft of monetary

funds; (12) pervasive failure to respond to tenant complaints pursuant to Texas law; (13)

failing to maintain the pool in a safe and usable condition for the children and residents

of the park; (14) fraudulent conversion of rental payments submitted to Mission Trails

MHC, LLC, with a requirement that the residents repay; (15) refusing to provide valid

titles for mobile homes that have been paid in full pursuant to the terms of the contract;

(16) illegally depriving the community of water supply with no notice for hours at a time;

(17) illegally raising monthly rental fees; (18) failing to properly maintain individual

mobile homes, as needed, pursuant to each individual contract; (19) illegally withholding

security deposits; (20) failing to maintain an accessible property manager to receive

rental payments and respond to concerns; (21) defendant has prohibited and continues

to prohibit the residents from the use and enjoyment of common areas such as the

swimming pool and play ground; (22) fai ling to provide a disclosure statement with

notice regarding legal rights to an initial lease term of six months and the procedure that

occurs upon the non-renewal of a lease or a change in the manufactured home

communitys land use; and (23) overcharging for late payments and/or causing

payments to be late due to the intentional closure of the office.

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VIII. CAUSES OF ACTION

This suit is filed pursuant to numerous statutes. First, Plaintiffs assert that

Defendants have violated the provisions of section 17.41 et seq. of the Texas Deceptive

Trade Practice Act upon the grounds that acts and procedures of Defendants as

described in this Petition are prohibited by the Statute, including but not limited to:

1. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or qualities which they do not have or

that a person has sponsorship, approval, status, affiliation, or connection which he does not;

2. Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

3. Advertising goods or services with intent not to sell them as advertised;

4. Knowingly making false or misleading statements of fact concerning the need for parts, replacement, or repair service;

5. Representing that a guarantee or warranty confers or involves rights or

remedies which it does not have or involve; 6. Representing that work or services has been performed, or parts replaced,

goods when the work or services were not preformed or the parts replaced;

7. 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 the consumer into a transaction into which the consumer

would not have entered into had the information been disclosed;

8. Breaching express and implied warranties; 9. Engaging in unconscionable action or course of action; and

10. Causing confusion or misunderstanding as to the affiliation, connection, or

association with another. In committing the above acts, Defendants further violated numerous provisions of

the Texas Property Code chapters 92 and 94. Defendants actions are so egregious, it

is impossible to list the multitude of violations committed.

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In addition to the above violations, Defendants have also committed numerous

retaliatory acts including, but not limited to, (1) the disruption of tenant meetings through

direct interference and the summoning of the San Antonio Police Department during a

prayer service and through verbal intimidation by the propertys security guard, who

stated he had a written letter from the owner which prohibited the gathering of the

tenants in the common areas; (2) threatening eviction; (3) depriving residents of the use

of the premises, (4) increasing the tenants rent; (5) decreasing services to tenants; and

(6) engaging in bad faith.

Contrary to Section 94.056 of the Texas Property Code, Defendants have been

assessed a penalty for the late payment of rent, although payment was remitted on or

before the date stipulated in the lease agreement. Plaintiffs have been charged late

fees for rent paid and then stolen from the appointed location for delivery of payments

on numerous occasions. Loss of rent paid has been a recurring problem, not a rare

occurrence. Plaintiffs informed the mobile home community manager of the stolen

rental monies on several occasions, and the San Antonio Police Department was called.

However, the residents were forced to make a second payment for the full amount of

the rent under the threat of eviction.

Further, Defendants have completely disregarded the current state law

prohibiting them from allocated billing through the Texas Commission on Environmental

Quality (TCEQ). In fact, the TCEQ confirmed that, pursuant to the license and the

contracts held by residents, the only billing method allowed under Defendants

classification is sub-metered building. However, these laws did not prevent the land

owner from fleecing the residents of thousands of dollars in illegal water charges due to

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their failure to properly maintain the premises as required. Instead, the residents were

informed they would have to cover the landlords expenses for repairs to raw sewage

leaks, which remain, and remedial measures taken for plumbing to common areas.

Incredibly, despite a cease and desist letter demanding that the landlord stop overbilling

for water, the water bill for June 2014 again increased. In fact, one resident was told by

a central office agent for Defendants that they had been drastically under billed for

water previously and must pay the outrageous amounts or risk eviction. This is forcing

some residents to pay more than $190.00 for water in a single mobile home with one

resident.

IX. CONDITIONS PRECENDENT

All conditions precedent to filing suit have been met.

X. NATURE OF DEFENDNANTS OPERATIONS

Defendants are engaged in the rental, lease and sale of mobile homes. They are

also engaged in the operation of a mobile home park where they lease the land upon

which each trailer sits to the individual consumer.

Defendants purchased the park from San Antonio MHC, LP on or about October

of 2012. Defendants hold a provisional license from the Texas Department of Housing

& Community Affairs with the license number MHDRET00036720. Despite

representation to the Texas Department of Housing & Community Affairs that Mission

Trails MHC, LLC owns 43 manufactured homes, it reflects zero retail sales of those

homes.

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XI. ADDITIONAL CAUSES OF ACTION

In addition to the statutory causes of action listed above, Plaintiffs also bring

claims for the following causes and seeks compensation in reference to said claims.

Fraud, Fraud in the Inducement and Misrepresentation

Plaintiffs incorporate by reference the allegations contained above as it fully

rewritten here.

Defendants and their agents, representatives and employees made material

misrepresentations which were false. Defendants either knew their material

misrepresentations were false when stated, or Defendants recklessly stated material

representations as positive assertions without knowledge for their truth. Defendants

have, since late 2013, been in negotiations to sell the property located at 1515 Mission

Rd. to a developer who plans to change the use of land. The sale is tentatively

scheduled for July, 2014 and construction is set to begin later in 2014. Defendants

continue to market and induce new tenants into the property. At the time of this filing,

Defendants have at least one listing on their website for a mobile home for lease/sale,

knowing that the property has been re-zoned and very soon will no longer be used as a

mobile home park.

Defendants intended Plaintiffs to act on those misrepresentations to their

detriment.

Plaintiffs took action in reliance upon Defendants misrepresentation and thereby

suffered injury as a result.

As a result of Defendants fraud, Plaintiffs have suffered pecuniary harm and

request compensatory and punitive damages in an amount to be determined at trial.

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Constructive Fraud

Plaintiffs incorporate by reference the allegations contained above as if fully

rewritten here.

By virtue of Defendants actions, Defendants actions were fraudulent because

they tended to deceive others, violate confidences, or cause injury to public interests.

As a result of Defendants fraud, Plaintiffs have suffered pecuniary harm and request

compensatory and punitive damages in an amount to be determined at trial.

Conversion

Plaintiffs incorporate by reference the allegations contained above as if fully

rewritten here.

Plaintiffs possessed monies, which they turned over to Defendants in exchange

for properly working equipment. Defendants wrongfully took those funds and have

refused to return Plaintiffs money.

As a result of Defendants fraud, Plaintiffs have suffered pecuniary harm and

request compensatory and punitive damages in an amount to be determined at trial.

Unjust Enrichment

Plaintiffs incorporate by reference the allegations contained above as if fully

rewritten here.

Plaintiffs provided Defendants with monies in exchange for the use of equipment

purportedly possessing various characteristics. These characteristics made the

equipment valuable to Plaintiffs.

However, Defendants never delivered the valuable equipment they were enlisted

to produce.

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As a result of Defendants actions, Defendants have been unjustly enriched.

Negligence and Gross Negligence

Defendants committed acts of omission and commission, which collectively

constituted negligence and gross negligence, which was the proximate cause of injuries

and damages to Plaintiffs.

Defendants failed to use reasonable care to prevent these negligent and grossly

negligent acts from occurring. Defendants bear vicarious liability for the acts and

omissions of its agents, employees and officers under the theories of respondeat

superior and/or apparent authority.

XII. DEMAND

Plaintiffs made demand on Defendants and presented his claims for numerous

violations of the Texas Deceptive Trade Practice Act to Defendant on or about June 24,

2013.

Defendant has refused to resolve this matter despite Plaintiffs numerous

attempts to resolve this matter.

XIII. DAMAGES

As a result of Defendants actions complained of in this Petition, Plaintiffs

suffered injury. Plaintiffs seek damages allowed in the state of Texas in an amount

within the jurisdictional limits of the court. The damages include past and future

physical pain and mental anguish, past and future psychological pain and suffering, past

and future emotional distress, and future medical expenses.

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Plaintiffs further seek unliquidated damages that are within the jurisdictional limits

of the Court, and exemplary damages for the harm caused by Defendants malice, fraud

and gross negligence.

As a result of Defendants violations of the TDTPA described above and as a

result of Defendants willful and knowing false representations referred to above,

Defendants are jointly and severally liable to Plaintiffs for the maximum damages

allowed by law and allowed by the Texas Deceptive Trade Practices Act.

XIV. ATTORNEY FEES

As a result of the Defendants actions complained of in this Petition, Plaintiffs

were required to engage the legal services of The Henning Firm.

(a) Plaintiffs therefore seeks reimbursement of reasonable attorneys fees, inasmuch as Plaintiffs have been required to employ the undersigned attorneys to file and prosecute this suit.

(b) Plaintiffs have agreed to pay the undersigned attorneys a reasonable fee for their services.Plaintiffs request that Defendants pay to Plaintiffs his

legal fees incurred in the preparation and prosecution of this lawsuit in a reasonable amount, or such higher sum as proved at trial together with:

(1) Legal fees if the case is appealed to the Court of Civil Appeals, and

(2) Legal fees if the case is appealed to the Supreme Court of Texas. Plaintiff reserves the right to plead and prove its legal fees and

costs of court at the time of trial.

PRAYER

WHEREFORE, Plaintiffs ask that Defendants be cited according to law to appear

and answer this lawsuit, and after final trial, Plaintiffs seek the following relief:

(a) Judgment against Defendants for a sum within the jurisdictional limits of this Court;

(b) Monetary relief over $1,000,000;

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(c) Exemplary damages to be awarded by a jury;

(d) Attorneys fees;

(e) Pre-judgment and post-judgment interest at the maximum rate allowed by law; and

(f) Any and all other just relief, at law or in equity, to which Plaintiffs are duly

entitled, including costs of court expended in Plaintiffs behalf.

Respectfully Submitted,

_/s/ by Nicole Elizalde Henning_______ NICOLE ELIZALDE HENNING

State Bar No. 24013054

Attorney for Plaintiffs THE HENNING FIRM

435 W Nakoma, Suite 101 San Antonio, Texas 78216 (210) 563-7828 (direct)

(210) 563-7829 (facsimile)

CIVIL RIGHTS LEGAL DEFENSE & EDUCATIONAL FUND, INC. Marisa Y. Salazar

State Bar No. 24085813 519 Culebra Rd.,

San Antonio, Texas 78201