Cause No. 290-04376-07
Rep X, PLAINTIFF,
ADVANTAGE CONFERENCES, LLC,
TIMOTHY S. DARNELL, INDIVIDUALLY,
JACK M. WEINZIERL, INDIVIDUALLY, AND
JAMES MCHUGH, INDIVIDUALLY DEFENDANTS.
IN THE DISTRICT COURT
296TH JUDICIAL DISTRICT
COLLIN COUNTY, TEXAS
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION
COMES NOW Plaintiff, Rep X, complaining of Defendants, Advantage Conferences, LLC, Timothy S. Darnell, Individually, Jack M. Weinzierl, Individually, and James McHugh, Individually, and would show the Court as follows:
1. DISCOVERY IS INTENDED TO BE CONDUCTED UNDER LEVEL 2 OF RULE 190 OF THE TEXAS RULES OF CIVIL PROCEDURE.
2. Plaintiff, Rep X, is an individual who resides in California.
3. Defendant, Advantage Conferences, LLC has appeared herein.
4. Defendant, Timothy S. Darnell has appeared herein.
5. Defendant, Jack M. Weinzierl has appeared herein.
6. Defendant, James McHugh has appeared herein.
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 1 1st Amended Original Petition
7. Venue of this suit is proper in Collin County, Texas because a substantial part of the acts or omissions giving rise to Plaintiff's causes of action occurred in Collin County, Texas and because at least one of the Defendants resides in Collin County, and so venue is proper as to all of the Defendants.
CAUSES OF ACTION
FRAUD AND CONSPIRACY
8. Based on information and belief, Plaintiff states that Defendants, acting separately, jointly, and/or in concert made material misrepresentations to Plaintiff in order to induce Plaintiff into investing money in the Advantage Conferences "Christ-center business opportunity" or alternatively, concealed material facts from Plaintiff that, had those facts been known by Plaintiff, Plaintiff would not have invested such funds into such venture.
9. Based on information and belief, Defendants knew that these representations were false when made or the representations were asserted without knowledge of the truth of the representations. Defendants also knew the misrepresented and/or concealed facts were material to the investment being made by Plaintiff.
10. Based on information and belief, Defendants intended that Plaintiff rely on the representations.
11. Plaintiff relied on these representations.
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 2 1st Amended Original Petition
12. As a direct and proximate result or the rnisrepresentations and/or concealment of facts by Defendants, Plaintiff has sustained damages in excess of the minimum jurisdictional limits of the Court.
13. Defendants' conduct as described above was malicious and the tortious conduct occurred in whoe or in part in Collin County, Texas. Accordingly, Plaintiff requests that exemplary damages be awarded against Defendants.
14. Based upon information and belief, these false, misleading and deceptive representations made to Plaintiff and the concealment of material facts were part of the common scheme and common devices used by Defendants in their conspiracy to induce Plaintiff and hundreds of other individuals to invest money into the Advantage Conferences "Christ-center business opportunity"
DECEPTIVE TRADE PRACTICES ACT
15. Defendants' conduct described above also violated the Texas Deceptive Trade Practices Act ("DTPA") and, as such, Defendants are liable to Plaintiff pursuant to that statute.
16. Plaintiff also is entitled to her reasonable attorneys' fees pursuant to section 17.5O(d) of the Texas Deceptive Trade Practices Act.
17. The acts and practices described above violate DTPA sections I7.46(b)(3), (5), (7), (12), and (24). The conduct was also an unconscionable action or course of action as described in DTPA section 17.45(5) in that it took advantage of Plaintiffs lack of knowledge, ability and experience and capacity to a grossly unfair degree and because it resulted in a gross disparity between the
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 3 1st Amended Original Petition
consideration paid in the transaction and the value received. With respect to these causes of action, the conduct described above were the producing cause of actual damages to Plaintiff.
18. Defendants had an actual awareness of the false, deception, and unfairness of the acts and practices set forth above. Alternatively, Defendants committed the acts and practices above intentionally.
19. No written notice of the claims made in this Petition under the DTPA was given prior to filing this suit because the statute of limitations applicable to this action was expected to expire during the notice period.
WHEREFORE, THE ABOVE PREMISES CONSIDERED, Plaintiff Rep X respectfully requests that Defendants be cited to appear and answer, and upon final trial, Plaintiff have judgment against the Defendants for the following:
1. Actual damages and exemplary damages against Defendants in an amount in excess of the minimmTI jurisdictional limits of the Court:
2. Additional damages provided for by Section 17 .50(b )(1) of the Tex.as Deceptive Trade Practices Act;
3. Attorney's fees pursuant to section 17.50(d) of the Texas Deceptive Trade Practices Act;
4. Pre-judgment and post-judgment interest at the maximum legal rate;
5. Cost of courts; and
6. Such other and further relief to which Plaintiff may be justly entitled.
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 4 1st Amended Original Petition
Respectfull y submitted,
The Law Office of
FOSTER & FOSTER, P.C.
Thomas J. Foster
State Bar No. 07299000
Susan Johnson Foster
State Bar No. 07297700
2701 N. Dallas Parkway, Suite 540 Plano, Texas 75093
(972) 673-0440 Facsimile
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certifY that a true and correct copy of the above Plaintiff's First Amended Original Petition was served via facsimile on this 29th day of April, 2008 on Jason
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 5 1st Amended Original