FILED

DALLAS COUNTY
8/26/2015 5:07:51 PM
FELICIA PITRE
DISTRICT CLERK

1 CIT-ATTY

CAUSE NUMBER

DC-15-09800

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P. S.
Plaintiff
vs.
D.L.S.
Defendant

Christi Underwood

IN THE DISTRICT COURT

JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION FOR DAMAGES

TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Plaintiff, PILAR SANDERS referred to hereinafter as Plaintiff, by and
through her attorney of record, BOBBIE EDMONDS, and files this suit against Defendant,
DEJON L. SANDERS referred to hereinafter as Defendant, and for cause of action would
respectfully show the court the following:

1. LEVEL OF DISCOVERY
1.1

Discovery in this case is intended to be conducted under Discovery Control Plan Level 3

in accordance with Rule 190.4 of the Texas Rules of Civil Procedure because the discovery
needs to be tailored to the circumstances of this specific litigation.

2. PARTIES
2.1

Plaintiff is an individual residing in Collin County, Texas.

2.2

Defendant is an individual, who is a resident of Dallas County, Texas, and may be served

personally with process at his residence located at 2314 Sunset Ridge Circle, Cedar Hill, Texas
75104, or wherever he may be found.

3. JURISDICTION AND VENUE

3.1

The subject matter in controversy is within the jurisdictional limits of this court.

3.2

Plaintiff seeks monetary relief in excess of the court's jurisdictional limits.

3.3

This court has personal jurisdiction herein because Defendant is a Texas resident.

3.4

Venus in Dallas County is proper in this cause because Defendant is a resident of Dallas

County and was a resident in excess of ninety (90) days prior to the filing, and when the incident
occurred.
P. Sanders- Original Petition for Damages and Requests for Disclosure

Page 1

4. PLAINTIFF'S CAUSE OF ACTION

4.1

Plaintiff brings this suit to recover damages arising from injuries sustained by Plaintiff,

P.S. in tort for intentional infliction of emotional distress, negligence and malicious prosecution.

5. INTRODUCTION AND FACTUAL ALLEGATIONS

5.1

Plaintiff alleges that on Tuesday, December 16, 2014, she was sentenced to thirty (30)

days in the Collin County Jail and accessed attorney fees and costs as a result of Defendant
D.L.S.'s motion for enforcement and contempt of court, which was filed on November 21, 2014.

5.2

Plaintiff alleges that on December 16, 2014, Defendant intentionally, knowingly and

recklessly gave false testimony under oath, which ultimately led the honorable judge to finding
Plaintiff in contempt of court; and ordering Plaintiff to serve seven (7) continuous days of a
thirty (30) day sentence in the Collin County Jail for the period of Tuesday, December 16, 2014
through Monday, December 22, 2014. Plaintiff further alleges that the balance of the jail term
was suspended and she was placed on probation for a period of twelve (12) months.

5.3

Plaintiff alleges that Defendant knowingly, intentionally, recklessly and maliciously

made false and misleading statements under oath and in his pleadings, to deprive Plaintiff of her
freedom of movement; and association with the minor children.

5.4

Plaintiff alleges that Defendant knowingly made false statements about his right to

possessory periods to the minor children with the intent to harm Plaintiff mentally, physically
and economically, and to prevent her from obtaining gainful employment by filing a false
pleading against her when he knew she was destitute and without means to defend against any
legal actions filed against her.

5.5

Plaintiff alleges that in November 2014, Defendant continued to disobey the judge's

order to pay Plaintiff a money judgment of $988,415.21 (less arbitration fees) plus interest, per
the decree of divorce rendered on September 13, 2013, to inflict mental anguish, economic
deprivation, pain and suffering upon Plaintiff.

5.6

Plaintiff alleges that on November 21, 2014, Defendant, filed a Motion for Enforcement

and Contempt against Plaintiff and made false statements that he was lawfully entitled to
P. Sanders- Original Petition for Damages and Requests for Disclosure

Page 2

possession of the children on the first weekend of August 2014, specifically: Friday, August 1,
2014, Saturday, August 2, 2014, Sunday, August 3, 2014, and Monday, August 4, 2014 when in
fact, he knew that it was Plaintiff's possessory period.

5.7

Plaintiff further alleges that Defendant was not entitled to the two minor children for the

period stated in paragraph 5.6, but he intentionally, knowingly and recklessly used those dates in
his pleadings to inflict mental distress, humiliation, embarrassment, public ridicule, false
imprisonment and deprivation of freedom upon Plaintiff.

5.8

Plaintiff alleges that Defendant gave false information under oath, that Plaintiff denied

him possession to two of the children on July 31, 2014.

5.9

Plaintiff further alleges that Defendant acted in a reckless and negligent manner with

little regard for the truth when he pursued an action for writ and contempt of court against
Plaintiff using her possessory dates in his false pleadings which was the proximate cause of
Plaintiff's injuries and damages to be determined by the court.

5.10

Plaintiff further alleges that she suffered injuries caused by the wrongful acts of

Defendant, through his false statements and affidavit, which misled the court, and resulted in the
wrongful arrest, detention and incarceration of Plaintiff in the Collin County Jail by order signed
on December 16, 2014.

5.11 Plaintiff alleges that Defendant had the opportunity to correct his malicious false
statements on December 16, 2014, but he continued a scheme and personal vendetta against
Plaintiff, using the judicial system, to deprive Plaintiff of her due process of law, using the
Internet and other mediums to destroy her image, freedom of speech and movement, access and
possession to the minor children, all which inflicted emotional distress, pain and suffering,
mental anguish and other damages upon Plaintiff, for which she now seeks recovery.

6.
6.1

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Plaintiffs hereby incorporates all preceding paragraphs 5.1 through 5.11 as though fully

alleged herein.

P. Sanders- Original Petition for Damages and Requests for Disclosure

Page 3

6.2

Plaintiff alleges that Defendant is liable to Plaintiff under the theory of intentional

infliction of emotional distress. Plaintiff alleges that Defendant's actions amount to extreme and
outrageous conduct and a reckless disregard for the high probability that Plaintiff would suffer
severe emotional distress by being incarcerated, denied freedom of speech and movement, and
separated from her minor children. Plaintiff's emotional distress cannot be remedied by any
other cause of action.
7.
7.1

MALICIOUS PROSECUTION

Plaintiffs hereby incorporates all preceding paragraphs 5.1 through 5.11 as though fully

alleged herein.

7.2

Plaintiff alleges that Defendant is liable to Plaintiff under the theory of malicious

prosecution. Plaintiff alleges that Defendant initiated the filing of a motion for enforcement and
contempt for fine and confinement in jail against Plaintiff on November 21, 2014. Defendant
intentionally and knowingly provided false information, statements, and testimony which lead to
the procurement and malicious prosecution action against Plaintiff.

8. ECONOMIC AND ACTUAL DAMAGES

8.1

Plaintiffs hereby incorporates all preceding paragraphs 5.1 through 5.11 as though fully

alleged herein.

8.2

Plaintiff sustained the following economic and actual damages as a result of the actions

of Defendant described hereinabove:

(a)

Out of pocket expenses, including all sums paid by or on behalf of Plaintiffs to

Defendants.
(b)

Expenses for legal fees and costs Ordered to be paid by Plaintiff,

(c)

Reimbursements for attorney fees, costs and expenses for the Motion for

Enforcement.

9.
9.1

DAMAGES FOR MENTAL ANGUISH

Plaintiff would further show that the false, misleading and deceptive acts, practices

and/or omissions described hereinabove were committed knowingly, and such actions caused
Plaintiff a high degree of mental pain and distress that is more than mere worry, anxiety,

P. Sanders- Original Petition for Damages and Requests for Disclosure

Page 4

vexation, embarrassment, or anger." Parkway Co. v. Woodruff, 901 S.W.2d 434, 444 (Tex.
1995).

9.2

As a result of such acts, practices and/or omissions, Plaintiff sustained a high degree of

mental pain and distress of such nature, duration and severity that would permit the recovery of
damages for mental anguish and for which plaintiff hereby sues in an amount within the
jurisdictional limits of this Court.

10. MULTIPLE DAMAGES

10.1 As alleged hereinabove, Plaintiff would further show that the blatantly false, misleading,
malicious and deceptive acts, and/or omissions complained of herein were committed
"knowingly," in that Defendant had actual knowledge and awareness of the falsity, or unfairness
of such acts, and/or omissions.
Plaintiff further avers that such acts, and/or omissions were committed "intentionally" in
that Defendant specifically intended that Plaintiff act in detrimental reliance on the falsity,
deception or in detrimental ignorance of the unfairness.
Therefore, Plaintiffs are entitled to recover multiple damages.

11. EXEMPLARY DAMAGES

11.1 Plaintiff would further show that the acts and omissions of Defendant complained of
herein were committed knowingly, willfully, intentionally, with actual awareness, and with the
specific and predetermined intention of enriching said Defendant at the expense of Plaintiff. In
order to punish said Defendant for such unconscionable overreaching and to deter such actions
and/or omissions in the future, Plaintiff also seeks recovery from Defendants for exemplary
damages as provided by 41.003(a)(1) of the Texas Civil Practice and Remedies Code.

12. ATTORNEY'S FEES

12.1 Request is made for all costs and reasonable and necessary attorney's fees incurred by or
on behalf of Plaintiff herein, including all fees necessary in the event of an appeal of this cause to
the Court of Appeals and the Supreme Court of Texas, as the Court deems equitable and just.

P. Sanders- Original Petition for Damages and Requests for Disclosure

Page 5

13. REQUEST FOR DISCLOSURE

13.1 Pursuant to Rule 194, Tex. R. Civ. P., Plaintiff requests that Defendant disclose, within
50 days of service, the information or material described in Rule 194.2, Tex. R. Civ. P.

14. PRAYER
WHEREFORE PREMISES CONSIDERED, Plaintiff, PILAR SANDERS., pray that the
Defendant, DEION L. SANDERS, be cited to appear and answer to Plaintiffs claims. Plaintiff
further prays that upon final trial of this cause, judgment be entered for the Plaintiff against
Defendant for the economic and actual damages requested herein in an amount within the
jurisdictional limits of the Court. Plaintiff prays that she recover:
1. Damages as pled;
2. Exemplary damages;
3. Judgment against Defendants in an amount within the jurisdictional limits of
this court;
4. Pre-judgment interest on Plaintiffs damages as allowed by law;
5. Post-judgment interest on the judgment at the highest legal rate from the date
of the judgment until collected;
6. Cost of court; and
7. Such other further relief to which Plaintiff may be justly entitled at law or in
equity, whether pled or unpled.
bmitted,

BBBIE kDMONDS
StaBar NbQ64279004
Law Offices ofBobbie Edmonds
Water Garden Place
100 E. 15th Street, Suite 410
Fort Worth, Texas 76102
(817) 332-6501
(817) 332-6599 FAX
Email: goodverdict(2Irnsn.corn
ATTORNEY FOR PLAINTIFF
PILAR SANDERS

P. Sanders- Original Petition for Damages and Requests for Disclosure

Page 6

VERIFICATION

STATE OF TEXAS

COUNTY OF COLLN

BEFORE ME, the undersigned authority on this day personally appeared PILAR SANDERS
hereinafter who after being duly affirm, deposes and states as follows that she is the Plaintiff in the
above-entitled and numbered cause and she has read the foregoing pleading and that to the best of her
knowledge, all statements contained therein are true and complete.

PILAR SANDERIL
SWORN TO AND SUBSCRIBED before me on this the
2015 to certify and witness may hand and seal of this office.

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k_Rlic, S TE OF TEXAA/_

My Commission Expires:
LEATRICE L. CHAPPEIL
iotarypuiic, Stale of Texas IC
My Commission Expires

December 28. 2D16