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2 CIT ESERVE
`
`FILED
`9/1/2022 8:51 AM
`FELICIA PITRE
`DISTRICT CLERK
`DALLAS CO., TEXAS
`Jenifer Trujillo DEPUTY
`
`No,DC-22-11301
`
`AMERICAN EXPRESS NATIONAL
`BANK
`
`vs.
`
`DAVID HO and THE CHENLA GROUP
`LLC
`
`§
`
`§
`
`§
`
`192nd
`
`IN THE DISTRICT COURT
`
`JUDICIAL DISTRICT
`
`DALLAS COUNTY, TEXAS
`
`OurFile# A2200553
`
`PLAINTIFF’S ORIGINAL PETITION
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`COMES NOW AMERICAN EXPRESS NATIONAL BANK“Plaintiff” herein and
`
`files this its Plaintiff's Original Petition, complaining of DAVID HO and THE CHENLA GROUP
`
`LLC,“Defendants” herein, and for its cause of action would show unto the Court as follows:
`
`I, Discovery Level and Monetary ReliefSought
`
`1.
`
`Discovery in this case is intended to be conducted under Level 1 of Rule 190.2 of
`
`the Texas Rules of Civil Procedure. Plaintiff seeks only monetary relief of $250,000.00 or less,
`
`excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs.
`
`2.
`
`Plaintiff is American Express National Bank, a national bank, organized underthe
`
`laws of the United States of America, with a principal place of business in Salt Lake City, Utah.
`
`II. Parties
`
`3.
`
`Defendant, DAVID HO (SSN: ***-**-2424), is aresident of Dallas County, Texas,
`
`and maybeserved with process at 707 S WEATHERRED DR, RICHARDSON TX 75080or at any
`
`other address where Defendant may be found.
`
`4.
`
`Defendant, THE CHENLA GROUP LLCis a LIMITED LIABILITY COMPANY
`
`which may be served throughits registered agent for service of process, DAVID J. HO,at 12517
`
`OCEAN SPRAYDR. FRISCO TX, 75034, or wherever he may be found.
`
`

`

`III. Jurisdiction and Venue
`
`5.
`
`Venueis proper in of Dallas County because Defendantresides in said county. The
`
`amountin controversy 1s within the jurisdictional limits of this Court.
`
`IV. Breach of Written Contract
`
`6.
`
`Plaintiff and Defendants entered into a Cardmember Agreement(the "Agreement")
`
`for an American Express credit card number ending in ***********]()Q7, (the "account"). Under
`
`the terms of the Agreement, Plaintiff made cash advances to Defendants, either as actual cash or in
`
`payments for purchases made by Defendants from third parties. Defendants accepted each advance
`
`for goods and/or services, pursuant to the terms of the Agreement, and became bound to pay
`
`Plaintiff the amounts of the advancesplus applicable interest and finance charges.
`
`7.
`
`The Agreementprovides that Defendants may object, in writing and within sixty (60)
`
`days of notice of the charge, to any disputed charges under the Agreement. Defendants have made
`
`no objections to any charges under the Agreement, despite receiving notice of such charges more
`
`than sixty (60) dayspriorto the filing of this lawsuit.
`
`8.
`
`Defendants havefailed to repay all of the advances made under the Agreement. The
`
`current balance due, owing, and unpaid under the Agreement, after allowing all just and lawful
`
`payments, credits, and offsets, totals $13,641.73. Plaintiff has made demand upon Defendants for
`
`paymentofthe balance due under the Agreement, but Defendants have failed and refused to pay the
`
`balance.
`
`V. Account Stated
`
`9.
`
`Plaintiff repeats and alleges each and every allegation contained in paragraphs 1
`
`through 7 of this Petition as though fully set forth at length herein.
`
`10.
`
`Plaintiff duly issued and sent to Defendants monthly periodic statements ("the
`
`Account Statements") which set forth in detail all items charged to Defendants’ Account and the
`
`total amount due and owing by Defendants to Plaintiff on Defendants’ account.
`
`

`

`11.
`
`Defendants received the Account Statements without protest and neither objected to
`
`them nor indicated that they were erroneous in any aspect. Defendants thereby acknowledgedthat
`
`the Debt owed to Plaintiff, as set forth in the Account Statements, is true and correct.
`
`12.
`
`By reason ofthe foregoing,Plaintiff is entitled to Judgment against Defendants for
`
`an accountstated in the amount of $13,641.73.
`
`WHEREFORE, PREMISES CONSIDERED,Plaintiff prays the Court that Defendants be
`
`cited to appear and answerherein andthat, upona final hearing hereof, Plaintiff have and recover
`
`from Defendants the following:
`
`b.
`
`c.
`
`The sum of $13,641.73 in actual damages;
`
`all costs of this proceeding; and
`
`such other and further relief to which the Plaintiff may show itself
`
`justly entitled.
`
`Respectfully submitted,
`
`Shawn R. Redman (SBN: 24033112)**
`Teri S. Mace (SBN: 12759480)*
`Todd L. Hinds (SBN: 24103640)**
`Marlei E. Thames (SBN: 24125221)*
`Larysa Polunin (SBN: 24122991)**
`Reneé Casas (SBN: 24107728)**
`Couch Lambert, LLC
`*Dallas Office:
`4144 North Central Expressway, Ste. 1260
`Dallas, Texas 75204
`**Houston Office:
`6200 Savoy, Ste. 440
`Houston, Texas 77036
`***Mailing Address:
`3501 N. Causeway, Ste. 800
`Metairie, LA 70002
`(866) 282-3853
`servicetx@gulfsouthlegal.com
`ATTORNEYS FOR PLAINTIFF
`
`

`

`Automated Certificate of eService
`This automatedcertificate of service was created bythe efiling system. The filer served this
`document via email generated by the efiling system on the date and to the personslisted below.
`The rules governing certificates of service have not changed. Filers muststill provide a certificate
`of service that complies with all applicable rules.
`
`Envelope ID: 67871414
`Status as of 9/2/2022 2:39 PM CST
`
`Case Contacts
`
`Name
`Couch, Conville & Blitt LLC
`efiletx @ezmessenger.com
`
`BarNumber
`
`Email
`servicetx@gulfsouthlegal.com
`efiletx@ezmessenger.com
`
`TimestampSubmitted
`9/1/2022 8:51:55 AM
`9/1/2022 8:51:55 AM
`
`Status
`SENT
`SENT
`
`

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