FILED
`7/1/2016 7:23:50 PM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`CAUSE NO. CC-16-02303-C
`
`PETER'S PRECISION PAINTING, LLC
`Plaintiff,
`
`vs.
`
`CPl BELLA VILLA, LLC
`Defendant.
`
`§
`§
`§
`§
`§
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`§
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`IN THE COUNTY COURT
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`ATLAWN0.30F
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`DALLAS COUNTY, TEXAS
`
`AFFIDAVIT OFT. RICK FRAZIER
`
`BEFORE ME, the undersigned, on this day personally appeared T. RICK
`
`FRAZIER, who is personally known to me, and who personally states the following:
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`1.
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`"My name is T. Rick Frazier. I am over eighteen (18) years of age, have never
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`been convicted of a felony and am fully competent to make this affidavit. I have personal
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`knowledge of the facts herein, and they are all true and correct. I make this affidavit in
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`support of Plaintiffs Motion for Default Judgment.
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`2.
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`I am the attorney for Plaintiff in this lawsuit. I have been licensed to practice law
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`in the State of Texas since October, 1974. I have practiced continually in and about
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`Dallas County, Texas in various areas of business litigation practice. I am familiar with
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`amounts charged by attorneys with like or similar experience in Dallas County, Texas,
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`for services of the nature provided in this case, and in my opinion a reasonable fee would
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`be $2,750.00. My current billing rate is $350.00 and is comparable to the charges of an
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`attorney of like or similar experience.
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`3.
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`Plaintiffhas agreed to pay me at my current billing rate. As ofthe date of making
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`this affidavit I have expended eight (8.0) hours for services in interviewing the client,
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`investigation of Defendant, research, preparing and transmitting various correspondence
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`to Defendant, telephone and office conferences with my client, preparation and filing
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`mechanic's lien affidavit in Dallas County Deed Records, preparation and efiling of
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`Plaintiffs Original Petition, preparing and efiling Plaintiffs Motion for Default
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`AFFIDAVIT OFT. RICK FRAZIER, PAGE 1
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`

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`Judgment, preparing and efiling of an affidavit in support of the Plaintiffs attorney's
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`fees, preparing and efiling of a form of Default Judgment, preparing and efiling of a
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`Certificate of Last Known Address. Therefore, I believe a reasonable attorney's fee for
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`representing Plaintiff in this matter through Default Judgment to be $2,750.00.
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`4.
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`On April 11, 2016, I sent a written demand to Defendants for payment of
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`Plaintiffs' claims including attorney's fees which was enclosed in a postpaid, properly
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`addressed wrapper, in a post office or official depository under the care and custody of
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`the United States Postal Service and sent by certified mail no. 7007 1490 0002 5789 6881
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`and regular first class mail, a true and correct copy of which is attached hereto as Exhibit
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`"A". Although I received no confirmation of delivery of the certified letter, the letter sent
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`regular mail was not returned. I have attached a true and correct copy of Plaintiffs file(cid:173)
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`marked Mechanic's lien affidavit as Exhibit "B". I have attached as Exhibit "C" a copy of
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`a document entitled "Special Warranty Deed" establishing Defendant's ownership of the
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`property sought to be foreclosed."
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`FURTHER AFFIANT SA YETH NOT.
`
`T. RICK FRAZIER
`
`SUBSCRIBED AND SWORN to before me this e
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`certify which witness my hand and seal of office.
`
`/
`
`Notary Public,
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`AFFIDAVIT OFT. RICK FRAZIER, PAGE 2
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`

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`LAW OFFICES ofT. RICK FRAZIER
`2591 Dallas Parkway, Suite 300 • Frisco, Texas 75034-8563
`Phone (972) 661-3288 • Fax (469) 269-3989
`
`April 11,2016
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`CERTIFIED MAIL NO. 7007 1490 0002 5789 6881 and regular mail
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`CPI BELLA VILLA, LLC
`501 W. Broadway, Suite 2040
`San Diego, CA 92101
`
`Re:
`
`Breach of Contract and foreclosure of Mechanics' and Materialmen's lien - Bella Villa
`Apartments 5505 Miller, Dallas, Texas 75206 (the "Property'').
`
`Dear Sir or Madam:
`
`Please be advised that the undersigned attorney has been retained by Peter's Precision Painting, LLC to
`pursue claims against your entity and the Property in connection with certain work and materials, which
`were provided by my client at the Property. My client has advised me that he provided renovation and
`repair services at the Property. My client has completed all the work under its contract in a good and
`workmanlike manner and has demanded payment, but you have failed and refused to timely remit the
`balance due in the amount of $2, 722.96. Said amount has accrued interest at the rate of 1-lh percent
`interest each month since due under the Prompt Payment to Contractors provision of the Texas Property
`Code (§28.001 et seq). The accrued interest on the unpaid balance is $114.03 through April15, 2016.
`
`Consequently, demand is hereby made to pay the balance due including accrued interest plus an
`additional amount of $905.00 for reasonably incurred attorney's fees and costs for a total sum of
`$3,741.99 to be remitted within ten (10) days of the date of your receipt of this letter. Failure or refusal
`to comply with this demand will result in the initiation of litigation wherein my client will seek to
`foreclose a constitutional mechanics' and materialman's lien against the Property including the recovery
`of the principal amount plus pre-judgment interest, additional attorney's fees and court costs, all as
`allowed by law. I have enclosed a copy of the mechanic's lien affidavit filed in the Dallas County real
`property records.
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`This matter merits your immediate attention, and hopefully, you will comply with the demands of this
`letter and avoid further inconvenience and expense attendant to litigation.
`
`~:]___,
`
`T. Rick FraziB
`
`TRF/afm
`
`Encl.
`
`

`
`I
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`201600094065 I
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`11L AFF 1/2
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`ORIGINAL CONTRACTOR AFFIDAVIT
`OF CLAIM FOR MECHANIC'S LIEN
`(Non-Homestead Property)
`
`STATE OF TEXAS
`
`COUNTY OF DALLAS
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`BEFORE ME, the undersigned authority, on this day personally appeared
`PETER'S PRECISION PAINTING, LLC and, upon oath, after first being duly sworn,
`deposed and stated:
`
`is PIOTR MAZUREK, sole managing member of PETER'S
`"My name
`PRECISION PAINTING, LLC, hereinafter referred to in this affidavit as "Claimant."
`The facts set forth herein are true and correct, and I am competent to make this affidavit.
`
`Tln·ough its authOiized agent, Claimant entered into a series of original contracts
`with CPl BELLA VILLA, LLC, a limited liability company, which is the Owner
`(herein so called) or pm-p011ed owner of the Propetty desciibed in Exhibit A attached
`hereto and incorporated herein by reference. The address of the Owner is 501 W.
`Broadway, Suite 2040, San Diego, CA 92101. Pursuant to the original contracts,
`Claimant performed labor and supplied materials in connection with the constmction or
`repair of improvements to the Propetty, which work may be generally described as
`follows: repair and repainting of various aprutment units located at the Bella Villas
`Apartments, 5506 Miller, Dallas, Texas 75206.
`
`Claimant is an original contractor, whose mailing address ts 3903 Magnolia
`Court, Colleyville, TX 76034.
`
`Claimant's claim is in the amount of $2,722.96. The claim remains unpaid and is
`due and owing to Claimant under Claimant's original contracts with Owner. A
`mechanic's lien securing the payment of such amounts is herein claimed by Claimant on
`as Article 16 §37, Texas
`the Property, pursuant to the Texas Property Cod
`Constitution."
`
`PETER'
`
`N PAINTING, LLC
`
`SUBSCRIBED AND SWORN TO before me on this
`
`[Seal]
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`Original Contractor Affidavit of Claim for Mechanic's Lien, Solo Page
`
`BLAKE VAUGHN
`Notary Public
`STATE OF TEXAS
`My Comm.lxp. oi-11•11
`
`

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`EXHIBIT "A"
`
`Lots 1, 2, and 3, Block 16/1929, VICKERY PLACE, an addition to the City of
`Dallas, Dallas County, Texas, according to the map or plat thereof recorded in
`Volume 1, Page 318 of the Map Records of Dallas County, Texas.
`
`Filed and Recorded
`Official Public Records
`John F. Warren, County Clerk
`Dallas County, TEXAS
`04/11/2016 03:05:24 PM
`$30 00
`
`Original Contractor Affidavit of Claim for Mechanic's Lien, Solo Page
`
`20160009406!)
`
`

`
`Dallas County,TEXAS
`509 Main Street, Suite #200
`Records Building - 2nd Floor
`Dallas, TX 75202
`Phone: (214) 653-7099
`
`ohn F Warren, County Clerk
`
`Receipt for Services
`
`Cashier
`
`AHODGE
`
`Customer Name TRICK FRAZIER, ATTORNEY
`5445 LA SIERRA DR, STE 220
`DALLAS, TX 75231
`
`Batch # 1880212
`
`Date: 04/11/2016
`
`Time:
`
`03:05:24PM
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`'ate
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`Instrument No
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`Document Type
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`Transaction Type GFNumber
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`/11/2016 3:05:24PM 201600094065 MLAFF
`
`ALL
`
`CHECK
`
`4494
`
`Fee Total:
`
`Payment Total:
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`Fee Amount
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`$30.00
`
`Pg
`
`2
`
`$30.00
`
`30.00
`
`30.00
`
`UNLESS REQUESTED ALL AMOUNTS FOR OVERPAYMENTS IN THE AMOUNT OF
`$10 OR MORE WILL BE ISSUED AT THE END OF THE MONTH
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`Page I of I
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`

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`U N OFFICIA L
`
`Lots I, 2 and 3,
`A
`'
`
`V
`
`-
`
`‘s
`
`r
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`'
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`.
`
`.
`
`'
`
`dition to the es,» of Dallas, Dallas County,'l1-ass.
`slums It Page Jiti. of the Man Records of Dallas
`
`
`Vaidly existing restritiv eovenants oornnton to the piatteel subdivision in vvhieh the Property is ioeated;
`es. axes, and assessor r ~. by any taaing authority For the year 20 I it and subsequent years, and subsequent
`
`-=
`~'
`vi
`ng authority for prior years due to ehange in land usage or ownership; validly
`
`
`
`S «=‘ db)’
`~
`
`' , 1' shortages in area or boundary fines, or any eneroaehments or protrusions, or any
`' " ents; homestead or eontntunity property or survivorship rights,
`it” any, of any spouse of
`'
`‘L
`=-.- I any vaiidly existing titles or rights asserted by anyone, ineluding but not timited to persons, the public,
`'
`eorporations, gvernrnents, or other entities, to (1) tidelands or lands oonrprising the shores or beds of navigable or
`perenni
`-L -M streams, lal-res, hays, gaifs, or oeeens, {2} lands beyond the line of the harbor or bulkhead lines
`as estabiished or changed by any government, {3} filled-in lands or artifieial islands, {4} water rights, inetuding
`riparian rights, or (5) the area extending from the has ofme-an low tide to the line ofvegetation or the right ofaeeess
`t that area or easement along and aeross that area
`
`
`
`
`
`Crrantor, for the Consideration and suhjeet to the Reservations frorn Conveyance and the E:-teeptions to
`Cnveyanee and Warranty, grants, sells, and eonveys to Grantee the Property, together with all and singuiar the
`rights and appurtenances thereto in any tvay belonging, to have and to hold it to Grantee and Grantee's heirs,
`sueeessors, and assigns forever. Greater binds Eirantor and Grantor's heirs and sueeessors to warrant and forever
`defend all and singular the Property to Grantee and Grantee's heirs, sueeessors. and assigns against every person
`vvhornsoever latvfuily eiairning or to elairn the same or any part
`thereof‘. eseept as to the Reservations li'on1
`Conveyance and the Eseeptions to Conveyanee and W arranty.
`
`—
`
`_ T;1"'I'.'1.‘__r"r-‘_'-'”'Hl"-:"|'-'1'-1H':'1*"1.1:-:'1 --Ill"-I‘-I """‘I-'—""'-'-I rI"—-1-H "‘.'|"“"'l‘| 'I"'."II"1" ml“ i'\Ii"-l'I'I'§.|'|I|'l'l ll'_—\I1I|I|I-I |I2l-l'IIlI||llI:| I'll
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`FI" ""' "i"-"H "-I‘!-"l" ""-""""c'm""'-' 'I-'3' "'I"i"i'TuJ"u'T"n'l 'n"I'§n'I""""'1' ln"u'*|i'rl' F1 PT‘ I 'II'r'I'IIH '|I'.'III"|n'1'I I '-'II'D I.I_—| ;u—1|g:'.l I 11..-ll |.|'I'J |.||'_i—l| qI:fi .1,’ uq_.—H_|_ 1,-Pu‘: n_-IIIIIIEI. A_iI|
`
`I .|_I|_I._,+._ |.l_,I.&|!:.I=_|____,—__.,_.,_,_..,_,-i .__ : I“-_ _.. ,-, _- J.
`
`Exhibit "C"
`
`ELECTRONICALLY RECORDED 201400239863
`
`09/19/2014 09:23:40 AM DEED 1/4
`
`tttlafififi
`
`..;
`
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`
`1
`
`NOTICE EFF CONFIDENTIALITY RIGHTS: IF YDU ARE /1 NATURAL PERSON, YGU MAT §REl'v'[fl"v’E
`UR STRIKE ANY DR ALL GF THE FDLLUWIHG INFGRMATIDN FRDM ANY IHSTR .2 :1 E!“-iT THAT
`TRANSFERS Al‘-I INTEREST IN REAL PROPERTY BEFORE IT IS FILEEI Fflfl RE GR!)
`PUBLIC RECCIRDS: YDUR SDCIAI, SECURITY NIJMHEH DR THUR DF-."l"r'ER"S I.lCEhlS .
`
`1 G
`
`eneral Warranty Deed
`
`
`
`Date:
`
`Grantor:
`
`Grantee:
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`September It], 2014
`
`Capstone Properties I, Ine.
`
`CPI Bella Villa, LLC
`
`Grantees Matting Address
`
`I
`
`Considers float:
`
`Cash and other good and valuable
`aeltnotviedged.
`
`Property {inelutfling any irnproventen 2-
`
`:
`
`1
`
`

`
`when the enntext requires. singular nnuns and prnneuns ineiude the plural.
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`Title
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`STATE OF
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`COUNTY CIF
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`El-efnre me,
`
`
`
`prtwed to me thrnugh
`is subscribed tn the feregning instrument and eeltnewledged in me t
`sense as Cepstnne Prnperties I, ]ne.. es its
`therein expressed.
`
`Given under my hand and seal ufnfiiee this
`
`________ dsgr nf
`
`A _
`
`nte
`
`PREPARED IN THE CIFFICE GF:
`
`Dnrsett Jehnsun 3.: Swift, LLP
`iflii Eest Third Street, Suite 35
`Fe-rt wnrth, Te:-:es 3'6 I E12
`3 1’!-9{]fl-ERIE Phnne
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`; se secnenmn RF~ITtJRt~t ‘I'D:
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`U N OFFICIA L
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`CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
`
`STATE OF CALIFORNIA
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`in W‘
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`COUNTY OF 3%
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`PERSONALLY APPEARED
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`BEFGRE ME AA A
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`NEITARY PUBLIC
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`SIGNATUREAI-33 ON THE INSTRIJ
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`SAME
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`I certify under PE * L
`State of Calif - u ;
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`nder the laws of the
`:1 Iain ~ aragraph is true and
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`I HAND AD OFFICIAL '. «
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`U N OFFICIA L
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`Signatureu Notary
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`rE! I’ partantir persons relying on the document and could prevent
`A Ira a
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`
`3iGNER'S NAME:
`
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`
`__INDIIRIJUAL
`____I:I:IRPI:IRATE I:IPI=II:ER
`TITLE Is):
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`__ PARTNER
`______ LIMITED ______ GENERAL
`_____ ATTDRNEY-lN--FACT
`________ TRUSTEE
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`_ OTHER:
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`SIGNER Is REPRESENTING:
`
`SIGNER I5 REPRESENTING:
`
`
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`A-24 HOUR NOTARY SERVICE - ETDQ El Caminn Av. Sacramento, CA 95321 - REV 12-01-2{JflT — FDR REORDERS: CALL TOLL-FREE B00-5364233
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`RIGHT THUMBPRINT
`OF SIGNER
`
`RIGHT THI_I:L.1ap|R|m'
`or-' SIGNEIR
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`

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`U N OFFICIA L