ACCEPTED
`14-24-00063-CV
`FOURTEENTH COURT OF APPEALS
`HOUSTON, TEXAS
`1/26/2024 5:28 AM
`DEBORAH M. YOUNG
`CLERK OF THE COURT
`
`NO. -------
`
`In the Court of Appeals for the
`Texas at Houston
`
`District of
`
`In Re Tonya Grubbs,
`Relator.
`
`Original Proceeding for Writ of Mandamus to the
`Harris County Justice Court, Precinct 1, Place 2, Harris County Texas
`Cause No. 221200119772
`Hon. Steven Michael Duble, Presiding
`
`MANDAMUS RECORD
`VOLUME 1 OF 1
`
`Tonya Dawn Grubbs
`tonyagrubbs@gmail.com
`212-731-9331
`
`Pro Se
`
` FILED IN
`
`14th COURT OF APPEALS
`
` HOUSTON, TEXAS
`
`1/26/2024 5:28:45 AM
`
` DEBORAH M. YOUNG
`
` Clerk of The Court
`
`

`

`MRNo.
`MR-1
`
`MR 2
`
`MR-3
`
`MR-4
`
`MR-5
`
`MR-6
`
`MR-7
`
`MR-8
`
`MR-9
`
`MR-10
`
`Record
`April 3-5 2022: Relator
`and Respondent Emails
`April 5, 2022:
`Respondent and Counsel
`for Real Party in Interest
`Emails on behalf of
`Relator
`Feb 20, 2023: Email
`from Chief Clerk,
`Sheritta Johnson
`TRCP Rule 18b and
`Notes per Rule 528
`Apr 3, 2023: Judge
`Duble's Order ofRecusal
`Apr 6, 2023: Chief Clerk,
`Sheritta Johnson's email
`to Judge Carter's court
`Aug 14, 2023: Notice of
`Mandamus to
`Judge Duble
`Oct 27, 2023: Motion to
`Vacate filed in Judge
`Duble' s court with
`request to transfer to
`presiding judge, Hon.
`Lincoln Goodwin
`Nov 1: Filing Return
`from Judge Goodwin's
`court - Emergency
`Motion to Declare Order
`Void - told to file in
`original case
`Nov 1, 2023: Filed into
`Judge Duble' s court per
`Judge Goodwin
`
`2
`
`Page
`4
`
`8
`
`10
`
`11
`
`16
`
`17
`
`18
`
`19
`
`28
`
`29
`
`

`

`30
`
`56
`
`56
`
`59
`
`60
`
`63
`64
`65
`
`67
`
`69
`
`72
`
`MR-11
`
`MR-12
`
`MR-13
`
`MR-14
`
`MR-15
`
`MR-16
`MR-17
`MR-18
`
`MR-19
`
`MR-21
`
`MR-22
`
`Nov 27, 2023: 2
`Amended Mandamus in
`County Court at Law
`Nov 22, 2023: attempted
`filing with Judge
`Goodwin, filing returned
`as duplicate
`Nov 27, 2023: Fourth
`request for citations in
`County Court at Law
`
`Jan 19, 2024: Voicemail
`from Clerk regarding
`hearing on Jan 23, 2023
`Nov. 20 Order to
`Reinstate and email from
`clerk
`Arel MSJ first page
`Arel MS.J --last page
`Lease filed by Arel as
`exhibit to MS.J (1 and
`last page)
`Lease sent to Judge
`Duble in April 2022 (1"
`and last page)
`Emails btw Ms. Grubbs
`and Arel Capital sent to
`Judge Duble
`Emails btw Ms. Grubbs
`and Mr. Bone, RPM, and
`Arel sent to Judge Duble
`
`3
`
`

`

`Mg Gmail
`
`landlord tenant lawyer referral
`16 messages
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: stevedubleforjp@gmail.com
`
`MR-1
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Sun, Apr 3, 2022 at 5:53 PM
`
`Hi - I know you guys are super busy with the election. I am in district 1
`in need a landlord tenant attorney so much as I do now.
`
`in the heights and never thought I would be
`
`I am looking for a referral to an attorney that will have a 1 hour paid consultation with me to help direct me with my small
`claims case.
`It's gotten so long and convoluted.
`
`I had an attorney I paid to write letters but he disappeared.
`
`Either way you absolutely have my support this coming election and I will tell my friends about you as they have seen
`what I've been through.
`
`Ok trying to keep it short. Thanks for your time and I
`
`look forward to supporting your candidacy.
`
`Tonya Grubbs
`212-731-9331
`
`Steve Duble <stevedubleforjp@gmail.com>
`To: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Sun, Apr 3, 2022 at 7:58 PM
`
`I can do a one hour consultation for $250 sometime this week. Who is the landlord and who is the landlord's attorney?
`[Quoted text hidden]
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: Steve Duble <stevedubleforjp@gmail.com>
`
`That would be so great.
`
`Owner is Arel Capital in NYC and mgmt co is RPM Living.
`Their attorney is Bob Bone of O'Connor, Mason, and Bone.
`
`Sun, Apr 3, 2022 at 8: 15 PM
`
`This began with an existing pest infestation and they have since violated other codes. I'm not facing eviction.
`
`I will accommodate your schedule.
`
`Thank you,
`
`Tonya Grubbs
`212-731-9331
`[Quoted text hidden]
`
`Steve Duble <stevedubleforjp@gmail.com>
`To: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Tonya,
`
`Mon, Apr 4, 2022 at 9:57 AM
`
`How about Monday (today), Tuesday, or Wednesday at 1pm? I'm at 2803 Greenbriar, Houston 77098.
`
`-Steve
`[Quoted text hidden]
`
`

`

`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: Steve Duble <stevedubleforjp@gmail.com>
`
`Mon, Apr 4, 2022 at 12:07 PM
`
`Hello my apologies for the delayed response. Tmrw will work, usually I
`but I am just getting to my emails. I really look forward to it.
`
`love planning the same day Be things are so busy
`
`Thank you,
`
`Tonya
`[Quoted text hidden]
`
`Steve Duble <stevedubleforjp@gmail.com>
`To: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Mon, Apr 4, 2022 at 12: 13 PM
`
`Great. See you tomo (April 5th) at 1pm. I work from my home/office. Our townhouse is at 2803 Greenbriar (at the corner
`of Harold). My# is 281-851-5372. See you tomorrow.
`
`-Steve
`[Quoted text hidden]
`
`Steve Duble <stevedubleforjp@gmail.com>
`To: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Tue, Apr 5, 2022 at 1:00 PM
`
`I will call you shortly.
`
`It would be helpful if you could send the relevant documents first.
`
`On Tue, Apr 5, 2022 at 12:44 PM Tonya Grubbs <tonyagrubbs@gmail.com> wrote:
`Hi Steve, I was wondering if you are able to do the consultation by phone? I'm very sorry I really was looking forward to
`an in person meeting. I know you are busy. Please let me know your thoughts.
`
`Warm regards,
`
`Tonya
`212-731-9331
`
`On Mon, Apr 4, 2022 at 12:23 PM Tonya Grubbs <tonyagrubbs@gmail.com> wrote:
`Thanks so much.
`
`An in person meeting makes me feel like I took a time machine back a few years or gives me this almost nostalgic
`feeling. I
`look forward to it and appreciate your time.
`[Quoted text hidden]
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: Steve Duble <stevedubleforjp@gmail.com>
`
`Ok sending now. Thank you
`[Quoted text hidden]
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: Steve Duble <stevedubleforjp@gmail.com>
`
`Thank you.
`[Quoted text hidden]
`
`6 attachments
`+)1-1100 (6).pdf
`2984K
`m Demand Letter 1 (1).pdf
`
`209K
`
`Tue, Apr 5, 2022 at 1:03 PM
`
`Tue, Apr 5, 2022 at 1:07 PM
`
`

`

`127K
`
`356K
`
`205K
`
`n response to demand letter 1 (1).pdf
`+ Demand Letter 2 (1).pdf
`+ attorney response for demand letter 2 (2).pdf
`+ Gmail -3_35am February 15.pdf
`
`67K
`
`Steve Duble <stevedubleforjp@gmail.com>
`To: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Let me review these and I'll call you about 1:30 to discuss.
`[Quoted text hidden)
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: Steve Duble <stevedubleforjp@gmail.com>
`
`Tue, Apr 5, 2022 at 1: 13 PM
`
`Tue, Apr 5, 2022 at 1:29 PM
`
`I feel that I should preface by saying a lot happened before this, and it wasn't until they said they would allow me to
`ok.
`transfer, yet still pay 85% of one months rent, that I sent the demand letter. A lot of what Bob says is not true but I feel as
`if it's supposed to elicit an emotional response from me so I mostly ignore it. Thanks again.
`[Quoted text hidden]
`
`Steve Duble <stevedubleforjp@gmail.com>
`To: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Tonya,
`
`Tue, Apr 5, 2022 at 1:34 PM
`
`For the $250 consultation fee you can Venmo (@Steve-Duble) or CashApp ($StevenDuble). It may be 1:45 or 2 before I
`call - I am reviewing the materials now.
`
`Do you have any emails or texts with management documenting the pest control problem before you sent the letter?
`Have other tenants complained about it that you know of?
`
`-Steve
`[Quoted text hidden)
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: Steve Duble <stevedubleforjp@gmail.com>
`
`Tue, Apr 5, 2022 at 1:.39 PM
`
`Yes there is a small Facebook group and it's a large problem here. Many have complained. The regional manager was in
`the group until last week.
`I wrote a basic certified letter on behalf of my neighbor at her request, but she never sent it.
`
`Yes I have a zip file with my communication. I will send. I also have a Dropbox folder full of photos and videos of roaches I
`sent to them. and I record all my conversations when I've been forced to go into the office for something.
`
`I'm going to send a cashapp now.
`[Quoted text hidden]
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: Steve Duble <stevedubleforjp@gmail.com>
`
`Tue, Apr 5, 2022 at 1:51 PM
`
`The very bottom of the attachment is when my first maintenance requests were made in the system and they were not
`responded to.
`[Quoted text hidden]
`
`

`

`f Tonya Grubbs Communication with RPM-min.pdf
`1197K
`
`Steve Duble <stevedubleforjp@gmail.com>
`To: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Tue, Apr 5, 2022 at 2:20 PM
`
`check this out:
`https://texasdisasterlegalhelp.org/news/playing-offense-utilizing-the-dtpa-in-eviction-litigation
`[Quoted text hidden]
`
`Steve Duble <stevedubleforjp@gmail.com>
`To: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Tue, Apr 5, 2022 at 2:29 PM
`
`https://www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights
`[Quoted text hidden]
`
`Pursuant to 52.7(a)(l), Relator Tonya Grubbs swears that under the penalty
`of perjury that this record is a true and correct copy of the original.
`Signed on the 25th day of January 2024.
`Isl Tonya Grubbs
`
`

`

`Mg Gmail
`
`Grubbs' Apartment Infestation/ lease
`
`Steven Duble <steven.duble@gmail.com>
`To: bone@ombtxlaw.com
`Cc: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Mr. Bone,
`
`MR-2
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Tue, Apr 5, 2022 at 3:12 PM
`
`This email is to advise you that you may directly communicate with Ms. Grubbs. She is no longer represented by Mr.
`Barrett. My understanding is that the roach infestation continues and constitutes an ongoing health and safety threat.
`
`-Steven
`Law Office of Steven M. Duble
`
`Pursuant to 52.7(a)(l), Relator Tonya Grubbs swears that under the penalty of perjury that this
`record is a true and correct copy of the original.
`Signed on the 25th day of January 2024.
`/s/ Tonya Grubbs
`
`

`

`Mg Gmail
`
`Grubbs' Apartment Infestation/ lease
`
`Bob Bone <bone@ombtxlaw.com>
`To: Steven Duble <steven.duble@gmail.com>
`Cc: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Tue, Apr 5, 2022 at 4:03 PM
`
`Steven -- thank you for this confirmation. My understanding is that my client continues to disagree with Ms. Grubbs'
`contentions in this matter and believes that any existing maintenance situations have been adequately addressed. This
`fact notwithstanding, my client has also previously extended an offer to Ms. Grubbs to vacate the premises on the date of
`her choosing without any kind of penalty or fee being required or paid, but that she has at all times rebuffed these offers.
`
`REB
`0MB
`
`[Quoted text hidden]
`
`Pursuant to 52.7(a)(l), Relator Tonya Grubbs swears that under the penalty of perjury that this
`record is a true and correct copy of the original.
`Signed on the 25th day of January 2024.
`/s/ Tonya Grubbs
`
`

`

`Mg Gmail
`
`MR-3
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`
`221200119772; Tonya Dawn Grubbs vs. Arel Capital
`
`Johnson, Sheritta (JP) <Sheritta_Johnson@jp.hctx.net>
`Mon, Feb 20, 2023 at 6:47 PM
`To: "tonyagrubbs@gmail.com" <tonyagrubbs@gmail.com>, "bone@ombtxlaw.com" <bone@ombtxlaw.com>
`
`Good evening. When e-filing documents in the above case, please remove Judge Steven Duble being notified of your
`filings. He is the Judge and not an Attorney listed on this case.
`
`Thanks in advance and don't hesitate to reply with any questions.
`
`Seritta 'Johnson
`Chief Clerk for
`JUDGE STEVEN DUBLE
`
`Justice of the Peace, Precinct 1, Place 2
`
`1302 Preston
`
`Houston, TX 77002
`
`713-274-0617
`
`S heritta _Joh nson@j p. hctx. net (E-mail)
`
`6 '
`
`Pursuant to 52.7(a)(l), Relator Tonya Grubbs swears that under the penalty of perjury that this record
`is a true and correct copy of the original.
`Signed on the 25th day of January 2024.
`Isl Tonya Grubbs
`
`

`

`MR-4
`
`the seal of the court impressed thereon; and the date of issuance shall be noted thereon.
`
`RULE 16. SHALL ENDORSE ALL PROCESS
`
`Every officer or authorized person shall endorse on all process and precepts coming to his hand
`the day and hour on which he received them, the manner in which he executed them, and the time
`and place the process was served and shall sign the returns officially.
`
`Notes and Comments
`
`Comment to 1988 change: Article 3926a, effective September 1, 1981, authorizes the
`commissioner's court of each county to set a "reasonable" fee for service of process; mileage is no
`longer an authorized expense for serving process.
`
`RULE 17. OFFICER TO EXECUTE PROCESS
`
`Except where otherwise expressly provided by law or these rules, the officer receiving any process
`to be executed shall not be entitled in any case to demand his fee for executing the same in advance
`of such execution, but his fee shall be taxed and collected as other costs in the case.
`
`RULE 18. WHEN JUDGE DIES DURING TERMS, RESIGNS OR IS DISABLED
`
`If the judge dies, resigns, or becomes unable to hold court during the session of court duly
`convened for the term, and the time provided by law for the holding of said court has not expired,
`such death, resignation, or inability on the part of the judge shall not operate to adjourn said court
`for the term, but such court shall be deemed to continue in session. If a successor to such judge
`shall qualify and assume office during the term, or if a judge be transferred to said district from
`some other judicial district, he may continue to hold said court for the term provided, and all
`motions undisposed of shall be heard and determined by him, and statements of facts and bills of
`exception shall be approved by him. If the time for holding such court expires before a successor
`shall qualify, and before a judge can be transferred to said district from some other judicial district,
`then all motions pending, including those for new trial, shall stand as continued in force until such
`successor has qualified and assumed office, or a judge has been transferred to said district who can
`hold said court, and thereupon such judge shall have power to act thereon at the succeeding term,
`or on an earlier day in vacation, on notice to all parties to the motion, and such orders shall have
`the same effect as if rendered in term time. The time for allowing statement of facts and bills of
`exception from such orders shall date from the time the motion was decided.
`
`RULE 18a. RECUSAL AND DISQUALIFICATION OF JUDGES
`
`(a) Motion; Form and Contents. A party in a case in any trial court other than a statutory
`Page 7
`
`

`

`probate court or justice court may seek to recuse or disqualify a judge who is sitting in the
`case by filing a motion with the clerk of the court in which the case is pending. The
`motion:
`
`( 1)
`
`(2)
`
`(3)
`
`( 4)
`
`must be verified;
`
`must assert one or more of the grounds listed in Rule 18b;
`
`must not be based solely on the judge's ruling in the case; and
`
`must state with detail and particularity facts that:
`
`(A)
`
`(B)
`
`(C)
`
`are within the affiant's personal knowledge, except that facts may be stated
`on information and belief if the basis for that belief is specifically stated;
`
`would be admissible in evidence; and
`
`if proven, would be sufficient to justify recusal or disqualification.
`
`(b)
`
`Time for Filing Mti n.
`
`( 1) Motion to Recuse. A motion to recuse:
`
`(A)
`
`(B)
`
`must be filed as soon as practicable after the movant knows of the ground
`stated in the motion; and
`
`must not be filed after the tenth day before the date set for trial or other
`hearing unless, before that day, the movant neither knew nor reasonably
`should have known:
`
`(i)
`
`that the judge whose recusal is sought would preside at the trial or
`hearing; or
`
`(ii)
`
`that the ground stated in the motion existed.
`
`(2) Motion to Disqualify. A motion to disqualify should be filed as soon as practicable
`after the movant knows of the ground stated in the motion.
`
`(c)
`
`Response to Mtion.
`
`(1)
`
`By Another Party. Any other party in the case may, but need not, file a response
`to the motion. Any response must be filed before the motion is heard.
`
`(2)
`
`By the Respondent Judge. The judge whose recusal or disqualification is sought
`
`Page 8
`
`

`

`(d)
`
`should not file a response to the motion
`Service of Motion or Res ponse. A party who files a motion or response must serve a copy
`If
`on every other party. The method of service must be the same as the method of filing.
`possible
`
`(e)
`
`Duty of the Clerk
`
`(I)
`
`(2)
`
`Delivery of a Motion or Response. When a motion or response is filed, the clerk
`of the court must immediately deliver a copy to the respondent judge and to the
`presiding judge of the administrative judicial region in which the court is located
`(the regional presiding judge")
`
`Delivery of Order ofRecusal or Referral. When a respondent judge signs and files
`an order of recusal or referral, the clerk of the court must immediately deliver a
`copy to the regional presiding judge
`
`(f)
`
`Duties of the Res pondent Judge; Failure to Comply.
`
`()
`
`Responding to the Motion. Regardless of whether the motion complies with this
`rule, the respondent judge, within three business days after the motion is filed, must
`either
`
`(A)
`
`(D)
`
`sign and file with the clerk an order of recusal or disqualification; or
`
`sign and file with the clerk an order referring the motion to the regional
`presiding judge.
`
`2)
`
`Restrictions on Further Action
`
`(A)
`
`Motion Filed Before Evidence Offered at Trial.
`If a motion is filed before
`evidence has been offered at trial, the respondent judge must take no further
`action in the case until the motion has been decided, except for good cause
`stated in writing or on the record
`
`If a motion is filed after
`() Motion Filed After Evidence Offered at Trial,
`evidence has been offered at trial,
`the respondent judge may proceed,
`subject to stay by the regional presiding judge.
`
`(3)
`
`If the respondent judge fails to comply with a duty imposed
`Failure to Comply.
`by this rule, the movant may notify the regional presiding judge.
`Duties of Regional Presiding Judge
`
`(g)
`
`

`

`(I)
`
`(2)
`
`(3)
`
`(4)
`
`(5)
`
`Motion. The regional presiding judge must rule on a referred motion or assign a
`If a party files a motion to recuse or disqualify the regional presiding
`judge to rule.
`judge, the regional presiding judge may still assign a judge to rule on the original,
`referred motion. Alternatively, the regional presiding judge may sign and file with
`the clerk an order referring the second motion to the Chief Justice for consideration.
`
`Order. The ruling must be by written order.
`
`Summary Denial for Noncompliance.
`
`(A) Motion to Recuse, A motion to recuse that does not comply with this rule
`may be denied without an oral hearing The order must state the nature of
`the noncompliance. Even if the motion is amended to correct the stated
`noncompliance, the motion will count for purposes of determining whether
`a tertiary recusal motion has been filed under the Civil Practice and
`Remedies Code
`
`(B) Motion to Disqualify. A motion to disqualify may not be denied on the
`ground that it was not filed or served in compliance with this rule.
`
`Interim Orders. The regional presiding judge or judge assigned to decide the
`motion may issue interim or ancillary orders in the pending case as justice may
`requre
`
`Discovery. Except by order of the regional presiding judge or the judge assigned
`to decide the motion, a subpoena or discovery request may not issue to the
`respondent judge and may be disregarded unless accompanied by the order
`
`(6)
`
`Hearing
`
`(A)
`
`(B)
`
`(C)
`
`Time. The motion must be heard as soon as practicable and may be heard
`immediately after it is referred to the regional presiding judge or an assigned
`judge.
`
`Notice. Notice of the hearing must be given to all parties in the case
`
`By Telephone, The hearing may be conducted by telephone on the record.
`Documents submitted by facsimile or email, otherwise admissible under the
`rules of evidence, may be considered
`
`(7)
`
`If the motion is granted, the regional
`Reassignment of Case if Motion Granted.
`presiding judge must transfer the case to another court or assign another judge to
`the case.
`
`(h)
`
`Sanctions. After notice and hearing, the judge who hears the motion may order the party
`Page 10
`
`

`

`or attorney who filed the motion, or both, to pay the reasonable attorney fees and expenses
`incurred by other parties if the judge determines that the motion was:
`
`(1)
`
`(2)
`
`groundless and filed in bad faith or for the purpose of harassment, or
`
`clearly brought for unnecessary delay and without sufficient cause.
`
`Chief Justice. The Chief Justice of the Supreme Court of Texas may assign judges and
`issue any orders permitted by this rule or pursuant to statute.
`
`Appellate Review.
`
`( 1)
`
`Order on Motion to Recuse.
`
`(i)
`
`(j)
`
`(A)
`
`(B)
`
`Denying Motion. An order denying a motion to recuse may be reviewed
`only for abuse of discretion on appeal from the final judgment.
`
`Granting Motion. An order granting a motion to recuse is final and cannot
`be reviewed by appeal, mandamus, or otherwise.
`
`(2)
`
`Order on Motion to Disqualify. An order granting or denying a motion to
`disqualify may be reviewed by mandamus and may be appealed in accordance with
`other law.
`
`Notes and Comments
`
`Comment to 2011 change: Rule 18a governs the procedure for recusing or disqualifying a
`judge sitting in any trial court other than a statutory probate court, justice court, or municipal court.
`Chapter 25 of the Government Code governs statutory probate courts, Rule 528 governs justice
`courts, and Chapter 29 of the Government Code governs municipal courts. Under Rule 18a, a
`judge's rulings may not be the sole basis for a motion to rescue or disqualify the judge. But when
`one of more sufficient other bases are raised, the judge hearing the motion may consider evidence
`of rulings when considering whether to grant the motion. For purposes of this rule, the term
`"rulings" is not meant to encompass a judge's statements or remarks about a case.
`
`The amendments to Rule 18b are not intended to be substantive.
`
`RULE 18b. GROUNDS FOR RECUSAL AND DISQUALIFICATION OF JUDGES
`
`(a)
`
`Grounds for Disqualification. A judge must disqualify in any proceeding in which:
`
`(1)
`
`the judge has served as a lawyer in the matter in controversy, or a lawyer with
`whom the judge previously practiced law served during such association as a
`lawyer concerning the matter;
`
`Page 11
`Pursuant to 52.7(a)(1), Relator Tonya Grubbs swears that under the penalty of perjury that this
`record is a true and correct copy of the original.Signed on the 25th day of January 2024./s/ Tonya
`Grubbs
`
`

`

`Order to Recuse
`
`MR-5
`
`Case Number: 221200273496
`
`Timothy F Ferguson
`Plaintiff
`vs.
`Sparrow Lane Vintage LLC; Tonya Grubbs
`Defendant
`
`§
`§
`§
`§
`§
`§
`
`In the Justice Court
`Harris County, Texas
`Precinct 1, Place 2
`1302 Preston Street
`Houston, TX 77002
`713-27 4-0600
`www.jp.hctx.net
`
`Order of Recusal
`
`On 4/3/2023, the Court, on its own motion, hereby recuses itself on this case.
`
`In accordance with the Harris County Local Rule 2.5, this Court is referring the case to Judge Eric Carter,
`Presiding Judge of Justice of the Peace, Precinct 1, Place 1 to hear the case. This Court will take no
`further action on this case.
`
`Signed on: 4/3/2023
`
`-----+--�-1._lz____- -"-----�---�:,_·-(b-':
`
`Jdstice of the Peace
`Precinct 1, Place 2
`
`Pursuant to 52.7(a)(l), Relator Tonya Grubbs swears that under the penalty of perjury that this
`record is a true and correct copy of the original.Signed on the 25th day of January 2024./s/ Tonya
`Grubbs
`
`JUF7C
`
`

`

`Johnson, Sheritta (JP)
`
`MR-6
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Got it!
`
`Marron, John (JP)
`Thursday, April 6, 2023 2:00 PM
`Johnson, Sheritta (JP)
`Nguyen, Lien (JP); Vu, Tom (JP)
`RE: 221200273496; Timothy F Ferguson vs. Sparrow Lane Vintage LLC, Tonya Grubbs
`
`From: Johnson, Sheritta (JP) <Sheritta_Johnson@jp.hctx.net>
`Sent: Thursday, April 6, 2023 1:22 PM
`To: MyJPll <MyJPll@JP.hctx.net>
`Cc: Nguyen, Lien (JP) <Lien_Nguyen@jp.hctx.net>; Vu, Tom (JP) <Tom_Vu@jp.hctx.net>
`Subject: 221200273496; Timothy F Ferguson vs. Sparrow Lane Vintage LLC, Tonya Grubbs
`
`Good afternoon,
`
`Attached you will find the documents for the above case where Judge Duble has recused himself. The case is being
`transferred to your court being that the Judge did legal work from one of the Defendants before he was elected.
`
`Thank you in advance and please advise if the attachments do not open correctly or if you need the entire case delivered
`to your office.
`
`Sheritta Johnson
`Chief Clerk
`Sheritta Johnson@jp.hctx.net
`713-274-0617
`Office of the Honorable Steven M. Duble
`Harris County Justice of the Peace, Precinct 1, Place 2
`1302 Preston
`Houston, Texas 77002
`www. j p. hct.net/1-2
`
`Pursuant to 52.7(a)(l), Relator Tonya Grubbs swears that under the penalty of perjury that this
`record is a true and correct copy of the original.Signed on the 25th day of January 2024./s/ Tonya
`Grubbs
`
`1
`
`

`

`Mg Gmail
`
`MR-7
`
`Re: FW: Notice of Mandamus
`2 messages
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: "Johnson, Sheritta (JP)" <Sheritta_Johnson@jp.hctx.net>
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Mon, Aug 14, 2023 at 4:41 PM
`
`Has it been received by Judge Duble? Bob Bone and his former client were notified as well. Please confirm Judge Duble
`has seen the letter. Ty
`
`On Mon, Aug 14, 2023 at 4:17 PM Johnson, Sheritta (JP) <Sheritta_Johnson@jp.hctx.net> wrote:
`
`The same has been received.
`
`Sheritta Johnson
`Chief Clerk
`Sheritta_Johnson@jp.hctx.net
`713-274-0617
`
`Office of the Honorable Steven M. Duble
`Harris County Justice of the Peace, Precinct 1, Place 2
`1302 Preston
`Houston, Texas 77002
`www.jp.hctx.net/1-2
`
`CONFIDENTIAL: Emails and attachments received from the Office of Harris County Justice of the Peace, Precinct 1, Place 2 may be protected by
`the judicial communications privilege, as judicial work product, or by virtue of other privileges or provisions of law. If you are not an intended
`recipient, please do not read, copy, use, forward, or disclose any such communications or attachments to others; immediately notify the sender by
`reply email; and delete the email and the reply from your system. Any unauthorized disclosure, copying, distribution, or use of emails from us or
`any attachments thereto is prohibited.
`
`I From: Tonya Grubbs <tonyagrubbs@gmail.com>
`Sent: Monday, August 14, 2023 6:49 AM
`To: Johnson, Sheritta (JP) <Sheritta_Johnson@jp.hctx.net>
`Subject: Notice of Mandamus
`
`Pursuant to 52.7(a)(l), Relator Tonya Grubbs
`swears that under the penalty of perjury that
`this record is a true and correct copy of the
`original.Signed on the 25th day of January
`2024./s/ Tonya Grubbs
`
`this is a draft pis excuse the formatting or lack thereof.
`
`I am filing on weds.
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`To: Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Sat, Sep 9, 2023 at 2:08 PM
`
`

`

`Mg Gmail
`
`MR-8
`
`Tonya Grubbs <tonyagrubbs@gmail.com>
`
`Filing Submitted for Case: 221200119772; Tonya Dawn Grubbs vs. Arel Capital ;
`Envelope Number: 81054875
`1 message
`
`no-reply@efilingmail.tylertech.cloud <no-reply@efilingmail.tylertech.cloud>
`To: tonyagrubbs@gmail.com
`
`Fri, Oct 27, 2023 at 1:53 PM
`
`TWEFILE
`LA.f TEXIS.gov
`
`Filing Submitted
`
`Envelope Number: 81054875
`Case Number: 221200119772
`Case Style: Tonya Dawn Grubbs vs. Arel Capital
`
`The filing below has been submitted to the clerk's office for review. Please allow 24 - 48 hours for clerk office processing.
`
`Court
`Date/Time Submitted
`Filing Type
`Filing Description
`Type of Filing
`Filed By
`Filing Attorney
`
`Filing Details
`Harris County - JP - Justice Court
`10/27/2023 1:52 PM CST
`Motion Filed
`Motion to Vacate Void Judgment
`EFileAndServe
`Tonya Grubbs
`
`Fee Details
`
`Your account is never charged until your filing is accepted. If you see any pending charges on your account prior to
`acceptance, this is an authorization hold to ensure the funds are available so your filing can be accepted without delay.
`
`If the filing is canceled or rejected these funds will be released and will return to your account according to your financial
`institution's policies (typically 3-10 business days).
`
`Waiver Selected
`Case Fees $0.00
`Motion Filed $0.00
`Grand Total $0.00
`Total:$0.00
`
`Lead Document
`Lead Document Page Count
`File Copy
`
`Pursuant to 52.7(a)(1), Relator Tonya Grubbs swears that under th¢
`penalty of perjury that this record is a true and correct copy of the
`original.Signed on the 25th day of January 2024./s/ Tonya Grubbs
`
`Document Details
`Motion to Vacate Void Order - Tonya Grubbs v Arel Capital.pdf
`8
`Download Document
`This link is active for 30 days.
`
`For technical assistance, contact your service provider
`
`

`

`Cause No. 221200119772
`
`TONYA DAWN GRUBBS
`Plaintiff
`
`vs.
`
`AREL CAPITAL,
`Defendant
`
`$
`$
`$
`$
`$
`$
`$
`$
`
`TO THE HONORABLE JUDGE GOODWIN:
`
`In the Justice Court of
`
`Harris County, Texas
`
`Precinct 1, Place 2
`
`Because Judge Steve Duble did not have jurisdiction to preside over or render
`
`judgment in the underlying case, the Plaintiff requests that this filing be transferred
`
`immediately to the Honorable Judge Lincoln Goodwin, the Presiding Judge of the Harris
`
`County Justice Courts.
`
`The Plaintiff first thought a Bill of Review would suffice. She then found a single
`
`case which stated that a Bill of Review is to set aside a judgment which is not void on its
`
`face. The Plaintiff then found that a mandamus is how to attack a void judgment. The
`
`Plaintiff spent over three weeks writing her mandamus petition. The Plaintiff does not
`
`wish to be accused of frivolous filing and will non suit her mandamus if needed. Ms.
`
`Grubbs has not been able to access the county court due to information which she read in
`
`the Texas Rules of Civil Procedure, and the court's conflicting statements within its own
`
`staff regarding procedure.
`
`After filing her mandamus petition, the Plaintiff found the Officeholdings and Ethics
`
`Deskbook published by the Texas Justice Court Training Center. Because the deskbook
`
`

`

`sets forth the rules for a disqualified Justice of the Peace in a manner that is crystal clear,
`
`she writes this motion to the Presiding Judge of Harris County Justice Courts.
`
`PARTIES
`
`1.
`
`Plaintiff, Tonya Dawn Grubbs is an individual and a former resident of Harris
`
`County, TX. Her current mailing address is: 3203 Robinson Road, Missouri City, TX
`
`77459. The Plaintiff consents to electronic delivery, including the Defendant's answer at
`
`tonyagrubbs@gmail.com.
`
`2.
`
`Defendant, Arel Capital, is a Limited Partnership registered in Delaware. The
`
`Defendant's primary place of business is located at 590 Madison Avenue, 26th Floor, New
`
`York, NY 10022. The principals of Arel Capital are Richard Leibovitch and Gabriel
`
`Bousbib. The Defendant can be served at the office of their counsel, O'Connor, Mason,
`
`and Bone, Attn. Robert Eldrige Bone, 1616 Voss Road, Houston, TX 77057.
`
`JURISDICTION AND VENUE
`
`Judge Duble was constitutionally disqualified from presiding over or entering
`
`judgment on this case. Because Judge Duble was without jurisdiction, he may not preside
`
`over this petition. Plaintiff requests that this Petition for Bill of Review be immediately
`
`transferred to the Presiding Judge of the Harris County Justice Court, the Honorable Judge
`
`Lincoln Goodwin, Harris County Justice Court, Precinct 4, Place 2. Precinct 4, Place 2 has
`
`jurisdiction because the amount in dispute in the underlying case was less than $20,000.
`
`

`

`INTRODUCTION AND SUMMARY OF ARGUMENT
`
`Our country's courts are to operate with fairness and impartiality - this applies not
`
`only to cases with national attention or large amounts of money, but also to cases of modest
`
`size, such as those heard in the Justice Courts across the state of Texas.
`
`The Justice Courts chapter of the Texas Government Code contains the rules set
`
`forth for Small Claims cases. Importantly, judges shall develop the facts of the case. But
`
`when the Judge is not impartial and acts without regard to the Constitution, a litigant cannot
`
`be sure that the facts of the case are being considered at all. There is a distinct line between
`
`informality and complete ambiguity with which a Court may operate. While it is said that
`
`Justice Courts are informal, informality should not undermine the Texas Constitution.
`
`Months after her case was dismissed, the Relator discovered that the Judge was
`
`constitutionally disqualified from presiding over her case. She also learned that that she
`
`was still a represented party. Her attorney ceased to participate in the suit-he never
`
`received an order from the court permitting his withdrawal from t