Todd Peterson Petition

El Paso County - 327th District Court Filed 11/16/2020 12:07 PM
Norma Favela Barceleau

District Clerk
El Paso County
2020DCV3702
TODD PETERSON )
)
v. ) EL PASO COUNTY, TEXAS
)
)
MARK HERNANDEZ
1. Jurisdiction is El Paso County, Venue is District Court of El Paso County Plaintiff is Todd
Peterson, Defendant is Mark Hernandez.
2. The Plaintiff Todd Peterson affirmatively pleads that they seek only monetary relief
aggregating more than $50,000 and less than $100,000 less, excluding costs, prejudgment
interest, and attorney’s fees under Civil Procedure Rule 190.2 or pleads that discovery should be
conducted in accordance with a discovery control plan under Civil Procedure Rule 190.3
3. The Plaintiff is are individuals residing at 12284 Mankato, Clint, TX in El Paso County,
Texas. The Defendant Mark Hernandez who maintains a principal place of business in El Paso
County, Texas. Mark Hernandez maintains an office and place of business in El Paso County,
Texas, at 2300 George Dieter, El Paso, Texas 79936. As alleged more fully below, this action
grew out of or is connected with the business of a partnership in El Paso County, Texas.
BACKGROUND
4. For a number of years, plaintiff engineered and installed solar roof systems that were sold by
American Solar.
5. Todd Peterson and Mark Hernandez operated under a partnership and an LLC Agreement as
American Solar Group.
6. Todd Peterson and Mark Hernandez met with Ernesto Lopez as a neutral observer on
October 17, 2019. This meeting was to negotiate an agreement for Mark Hernandez to buy out
Todd Peterson’s interest in the organizations.
COUNT I
(Breach of Contract)
7. Plaintiff re-alleges and incorporates by reference the allegations in paragraphs 1 through

6 as though fully set forth herein.
8. Plaintiff offered to sell, and defendant agreed to buy, interest in American Solar for
$45,000 and the appropriate percentage of additional work sold up until the time the sale of the
interest was completed.
9. Defendant and plaintiff came to a meeting of the minds and had an agreement drafted by
Pastor Ernesto (Ernie) Lopez on October 17, 2019. (attachment A)
10. To show the agreement to the terms, Defendant and Plaintiff both initialed the agreement.
11. Defendant paid the initial $5,000 payment (attachment B)
12. Plaintiff made demand on Defendant for performance of the signed contract on July 20,
2020 (attachment c)
13. Plaintiff was prepared to complete his transfer his interest.
14. Defendant has breached its obligations by, among other things, making the initial payment
to consummate the agreement but not making any additional payments and not doing an analysis
of business performed.
15. Defendant has also breached its duty of good faith and fair dealing.
16. Plaintiff has been damaged in an amount to be proven at trial, plus accrued interest as a
direct result of defendant’s breaches of its obligations.
WHEREFORE, plaintiff requests that a judgment be entered in its favor and against defendant
on Count I as follows:
a. Judgment against the Defendant for a sum within the jurisdictional limits of the Court.
b. Prejudgment interest as provided by law.
c. Attorney’s fees.
d. Post judgment interest as provided by law from the date of the judgment until paid.
e. Costs of suit.
f. Such other and further relief to which Plaintiff may be justly entitled.
COUNT II
In the alternative to Count I
(Unjust Enrichment)
17. Plaintiff re-alleges and incorporates by reference the allegations in paragraphs 1 through 5
as though fully set forth herein.
18. Defendant is unjustly retaining for its own benefit funds properly belonging to plaintiff
totaling approximately $40,000.00 plus the appropriate percentage of additional work performed
by American Solar.
19. Defendant’s retention of such funds is inequitable.
WHEREFORE, plaintiff requests that a judgment be entered in its favor and against defendant
on Count II as follows:
a. Judgment against the Defendant for a sum within the jurisdictional limits of the Court.
b. Prejudgment interest as provided by law.
c. Attorney’s fees.
d. Post judgment interest as provided by law from the date of the judgment until paid.
e. Costs of suit.
f. Such other and further relief to which Plaintiff may be justly entitled.
Plaintiffs Entitlement to Attorney’s Fees
20. On July 20, 2020 the Plaintiff presented the claim described above to the Defendant for
payment electronically by the Defendant on July 20, 2020, demanding payment $13,500.00. At
the time of filing this petition, which is over 30 days from the date of the demand for payment,
payment for the just amount owed has not been tendered. As a result of the Defendant’s failure to
pay the claim, the Plaintiff has been required to obtain legal counsel to bring this suit. The
Plaintiff is, therefore, entitled to recover the additional sum of $17,500.00 to compensate the
Plaintiffs for attorney’s fees, which sum is a reasonable charge for the services rendered in
bringing this suit. In the event of an appeal to the court of appeals, the Plaintiff would be further
entitled to $ 10,000.00, as a reasonable attorneys fee; in the event of an appeal to the Supreme
Court, the Plaintiff would be entitled to an additional $12,500.00.
Respectfully submitted,
Brian Kennedy Law Firm, PLLC

401 E. Main, Ste 408
El Paso, Texas 79901
Telephone: 915-227-9290
Facsimile: 915-779-9955
By: /s/ Brian Paul Kennedy

BRIAN PAUL KENNEDY
Texas Bar # 24110079
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I certify that on or before the _______ day of November, 2020, a true and correct copy of
the foregoing was served on Agonza Enterprises, LLC Defendant Pro Se, 716 Arredondo Dr.
El Paso, Texas 79912
/s/ Brian Paul Kennedy

BRIAN PAUL KENNEDY
ATTACHMENT A
ATTACHMENT B

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El Paso County - 327th District Court Filed 11/16/2020 12:07 PM

Norma Favela Barceleau

7. Plaintiff re-alleges and incorporates by reference the allegations in paragraphs 1 through

11. Defendant paid the initial $5,000 payment (attachment B)

13. Plaintiff was prepared to complete his transfer his interest.

b. Prejudgment interest as provided by law.

b. Prejudgment interest as provided by law.

Plaintiffs Entitlement to Attorney’s Fees

Brian Kennedy Law Firm, PLLC

By: /s/ Brian Paul Kennedy

/s/ Brian Paul Kennedy

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