Professional Documents
Culture Documents
___________________________
VALERIA BARRERA, DENISE DEL
ANGEL, ERICA CRUZ, FLOR
ELIZONDO, CHRISTINE LUNA and
JESSICA GARCIA
Plaintiffs,
V.
Defendants.
NO. ______
2.
County, Texas.
4.
County, Texas.
5.
6.
Texas.
County, Texas.
7.
Plaintiff, Christine Luna, is an Individual who resides in Alice, Jim Wells County,
8.
Texas.
County, Texas.
9.
served with process at her place of residence in Corpus Christi, Texas, or wherever she may be
found. Service of said Defendant as described above can be effected by personal delivery.
10.
Defendant, Miss Corpus Christi Latina Pageant may be served through Kayla
Alvarez, acting as Licensee of the pageant, may be served with process at her place of residence
in Corpus Christi, Texas, or wherever she may be found. Service of said Defendant as described
above can be effected by personal delivery.
JURISDICTION AND VENUE
11.
The subject matter in controversy is within the jurisdictional limits of this court.
12.
Plaintiffs seek:
a.
This court has jurisdiction over the parties because Defendant Kayla Alvarez is a
Texas resident.
14.
15.
The Miss Corpus Christi Latina Pageant was held on Saturday, June 11, 2016 at
the Holiday Inn Airport and Convention Center in Corpus Christi, Texas. The pageant is an
independently produced and operated preliminary qualifier to the Miss U.S. Latina Pageant.
Seventeen contestants from Nueces County, Texas and surrounding areas participated. Each
contestant paid an entry fee, sold tickets and raised money for the pageant. A portion or all of
the ticket sales were to benefit the Womens Shelter of South Texas. Kayla Alvarez, as
Licensee, directed the Miss Corpus Christi Latina pageant. Contestants were responsible for
payment of any fees and other obligations and expenses indicated as a condition for participation
as a Contestant. The judges for the pageant included Machy de la Garza, Barbi Leo-Salgado,
James Sandoval and Janine Cox.
16.
Prior to the pageant, all contestants entered into a contractual agreement with
Licensee and Director Kayla Alvarez. The contractual agreement contained many different
clauses that each contestant warranted as true and correct. The specific clauses that are relevant
to this lawsuit are stated as follows:
a.) I am of good moral character and I have not been involved at any time in any act of
moral turpitude.
b.) Further, I have never knowingly or unknowingly, performed any act or engaged in
any activity or employment that could be characterized as dishonest, immoral, lewd or
indecent.
c.) I acknowledge that, by way of example, and without limiting the generality of the
Kayla Alvarez willfully and knowingly violated countless terms of the contractual
agreement by allowing Caitlin Cifuentes to participate in and ultimately win the pageant. Before
the commencement of the pageant, Kayla Alvarez had knowledge that (1) Caitlin Cifuentes has
an extensive criminal record, (2) Caitlin Cifuentes is currently serving a ten (10) year deferred
adjudication sentence in Nueces County for Aggravated Assault with a Deadly Weapon and a (2)
year probationary sentence for Driving While Intoxicated and (3) Caitlin Cifuentes was married
on November 11, 2011. Kayla Alvarez knowingly and willfully acted under the deceptive and
foolish assumption that Cifuentes criminal charges were dismissed. Kayla Alvarez did not act
diligently and take any precautionary measures to ensure that Caitlin Cifuentes was actually
eligible to participate. Additionally, as a condition of Cifuentes probation, she has many legal
obligations and restrictions that do not permit her to travel outside of Nueces County without the
permission of the Nueces County Probation Department.
18.
Kayla Alvarez was given an opportunity to remedy the situation. Prior to the
pageant, the National Organizations Founder and President sent correspondence to Kayla
Alvarez. The correspondence stated that allowing Caitlin Cifuentes to participate was against the
terms and contractual obligations of the organization. Kayla Alvarez chose to blatantly ignore
the founders request and allowed Caitlin Cifuentes to participate in and ultimately win the
pageant. Kayla Alvarez was also given numerous opportunities to remedy the issue. However,
she imprudently chose to ignore those opportunities.
19. Prior to the pageant, Kayla Alvarez stated to several of the contestants and Assistant
Director Janie Gonzalez that any contestants spreading malicious rumors about Caitlin Cifuentes
would be disqualified. However, Caitlin Cifuentes criminal record and marriage records are
public information which are entirely factual and do not qualify under the law as defamatory.
20. Finally, as of this date, the Womens Shelter of South Texas has not received any
monetary donations from Kayla Alvarez or the organization from any revenue generated from
ticket sales.
CLAIM FOR BREACH OF CONTRACT
21.
The contract states that the signature of the Contestant and Licensee constitute the
acceptance of a legally binding contract. The signatures of both parties created a legally binding
Agreement and Contract between the Contestant and the Defendant.
22.
The Plaintiffs are proper parties to sue Defendants for Breach of Contract.
23.
24.
25.
26.
Acting as Licensee and Director, Kayla Alvarez created a fiduciary duty with
28.
29.
agreeing to pay their reasonable attorneys fees for their services, for which Plaintiffs here now
sue. Plaintiffs are entitled to recover attorneys fees pursuant to Texas Civil Practice and
Remedies Code section 38.
NOTICE AND CONDITIONS
30.
occurred.
DAMAGES TO PLAINTIFFS
31.
As a direct and proximate result of the occurrence made the basis of this lawsuit,
The out of pocket cost Plaintiffs spent due to their participation in the pageant;
b.
c.
d.
Attorneys fees through trial as well as a conditional award in the event of post
judgment proceedings;
e.
Court costs;
f.
g.
Such other and further relief, general and special, in law and in equity, to which
the Court may find Plaintiff to be entitled.
PRAYER