CASE NO. 04-14-00542-CV 

IN THE COURT OF 

APPEALS 

FOR THE FOURTH JUDICIAL 

CIRCUIT SAN ANTONIO, TEXAS 

CITY OF LEON VALLEY, TEXAS, UNKNOWN 

EMPLOYEE(S) OF CITYOF LEON VALLEY and 

IRENE BALDRIDGE, Individually 

Appellants 

v. 

WM. RANCHER ESTATES JOINT VENTURE, 

RAFAEL ALFARO, JOSE ALFARO, CARMAN ALFARO, DANIEL 

BEE, ROBERT CALDWELL, ANNE CALDWELL, 

DEFERNCE SERVICE BUSINESS, INC., EARL DODERER, SYLVIA 

DODERER, JAMES DOWDY, BETTY DOWDY, 

ISSAC ELIZONDO, SUZANNE ELlNZONDO, ROBERTO GALINDO, 

ERMA GALINDO, SHIRL JACKSON, ANNE 

JACKSON, AND RICARDO A. PADILLA 

Appellees 

APPELLEES' SECOND UNOPPOSED MOTION TO EXTEND 

TIME TO FILE APPELLEES' BRIEF 

0. RENE DIAZ 

(SBN: 05804775) 

DIAZ JAKOB. LLC 

The Historic Milam Building 

115 E. Travis St. Suite 333 

San Antonio. TX 78205 

Tel. (210) 226-4500 

Fax (21 0) 226-4502 

E-mail/E-Service: ORD@diazjakob.com 

COUNSEL FOR APPELLEES 

ACCEPTED

04-14-00542-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

12/30/2014 4:38:12 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 12/30/2014 4:38:12 PM KEITH E. HOTTLE Clerk
CASE NO. 04-14-00542-CV 

IN THE COURT OF 

APPEALS 

FOR THE FOURTH JUDICIAL 

CIRCUIT SAN ANTONIO, TEXAS 

CITY OF LEON VALLEY, TEXAS, UNKNOWN 

EMPLOYEE(S) OF CITYOF LEON VALLEY and 

IRENE BALDRIDGE, Individually 

Appellants 

v. 

WM. RANCHER ESTATES JOINT VENTURE, 

RAFAEL ALFARO, JOSE ALFARO, CARMAN ALFARO, 

DANIELS. BEE, ROBERT CALDWELL, ANNE CALDWELL, 

DEFERENCE SERVICE BUSINESS, INC., EARL 

DODERER, SYLVIA DODERER, JAMES DOWDY, 

BETTY DOWDY, ISSAC ELIZONDO, SUZANNE 

ELINZONDO, ROBERTO GALINDO, ERMA GALINDO, 

SHIRL JACKSON, ANNE JACKSON, AND RICARDO A. 

PADILLA 

Appellees 

APPELLEES' SECOND UNOPPOSED MOTION TO EXTEND 

TIME TO FILE APPELLEES' BRIEF 

TO THE HONORABLE JUSTICES OF SAJD COURT: 

NOW COME the APPELLEES. WM. RANCHER ESTATES JOINT VENTURE, 

RAFAEL ALFARO. JOSE ALFARO, CARMAN ALFARO, DANIEL BEE, ROBERT 

CALDWELL. ANNE CALDWELL, DEFERENCE SERVICE BUSINESS. INC .. EARL 

DODERER, SYLVIA DODERER, JAMES DOWDY, BETTY DOWDY, ISSAC 

ELIZONDO. SUZANNE ELINZONDO. ROBERTO GALINDO, ERMA GALINDO, 

Appellees' Second Unopposed Motion for Extension of Time to File Appellees' Brief Page 1 of7 
SHIRL JACKSON, ANNE JACKSON, AND RICARDO A. PADILLA, Gointly referred to 

as "Appellees'') and pursuant to Texas Rules of Appellate Procedure I 0 file this Second 

Unopposed Motion to Extend Time to File Appellees' Brief and would show tl1e Court as 

follows: 

1. This is the second Motion to Extend time filed by the Appellees, and it is unopposed 

by the Appellants counsel. See the Certificate of Conference set forth below· in Paragraph No. 

11. 

2. The cuiTent deadline for the Appellees brief was December 30, 2014; however, 

Appellees were not able to complete the brief within the time allotted for a combination of 

reasons, including the following: (a) the hospitalization and convalescence of the Appellees' 

attorney's mother, age 89. for whom he is designated as trustee, attorney-in-fact, and acting 

legal guardian; (b) the illness of counsel for the Appellee; (c) the complexity of the legal and 

factual issues presented by this appeal: and (d) various scheduling complications raised by the 

active litigation practice of the Counsel lor the Appellees combined with numerous hearings, 

mediations and two complex arbitration hearings. The combination of these factors has 

prevented a timely completion of the Appellees' Brief and additional time is needed to fully 

and completely prepare the Appellees· Response to the Appellants' Brief. 

3. The Hospitalization and Convalescence of the Mother of Appellees' Counsel: The 

Mother of Appellees· counsel is Judith F. Diaz; she is 89 years-old, a widow, and cunently 

convalescing from a hip ti·acture and hip replacement surgery that occmTed in approximately 

August 3, 2014. Since that time, due to Mrs. Diaz's physical incapacity and recuperation. 0. 

Rene Diaz, Appellees· Counsel, has become her attorney-in-fact, trustee and legal guardian 

Appellees' Second Unopposed Motion for Extension of Time to File Appellees' Brief Page 2 of7 
pursuant to a duly executed statutory general durable power of attorney, trust documents, and a 

health care power of attomey. Although she resides in an assisted living facility, she does not 

have round-the-clock care, and during the week of December 14- December 20, 2014, Mrs. 

Diaz unexpectedly fell several times due to unexplained and undiagnosed vertigo and 

dizziness. During one of the falls on or about December 17, 2014, Mrs. Diaz sustained what 

appeared to be severe head injury and was hospitalized. Since that date, considering Mrs. 

Diaz' age and post-surgical hip condition, her hospitalization required extra time and attention 

fi·01n Mr. Diaz (Appellee's counsel) in order to obtain emergency medical treatment, for proper 

diagnosis, to rule out potential complications, and to manage Mrs. Diaz's complex health 

insurance issues. As her guardian and attorney-in-i~1ct. Appellees' counsel had to personally 

manage all aspects of his mother's medical care, interact with hospital and medical personneL 

arrange for special transportation needs, and administer health insurance during the same time 

period most critical to the preparation of the Appellees' Response Brief. 

4. The Illness of Counsel fo1· the Appellee: Additionally, 0. Rene Diaz, counsel for the 

Appellees, was sick with a severe cold ti·om approximately December 26, 2014 through 

December 29, 2014, including acute care at the minor emergency, Texas Med Clinic for 

diagnosis and treatment on December 27, 2014, and he is still recuperating as of the date of 

submission of this Second Motion for Extension of Time. Consequently, Appellees' counsel 

was unable to devote the full anwunt of time needed to complete the Appellees' Response to 

the Appellants • Brief within the present time allotted. 

5. The Complexity of the Issues in this Appeal: Additionally, as the Court is well 

aware. the issues in this appeal are complex. 'J'his case was officially designated as complex 

Appellees' Second Unopposed Motion for Extension of Time to File Appellees' Brief Page3 of7 
by the Bexar County District Courts shortly after it was tiled. The complexity for the trial 

court is suggestive of the complexity of the issues on appeal. The issues in this appeal are not 

only numerous, but they are also legally and factually complex, dealing not only with 

jurisdictional issues such as sovereign immunity, absolute immunity, and legislative immunity, 

but also with an overlap of statutO!)' and common law causes of action under the Texas Open 

Meetings Act (TOMA) (with live [5) different statutory violations of TOMA alleged), the 

Local Govenm1ent Code, the Texas Water Code, the Health & Safety Code, the Natural 

Resources Code, the Declaratory Judgment Act, the Texas Constitution. 

6. The interrelationship of these seven (7) statutory issues combined with the overlap of 

nme (9) different common law tort actions, such as tortious interference with existing and 

prospective business relationships, and conspiracy involve not only the City of Leon Valley, 

Texas, but also a former City Council Member (Irene Baldridge), with issues such as conl1ict 

of interest. failure to disclose and participation in executive meetings, all of which were 

prohibited by statute. The Appellees contend Baldridge's role in this case as a govemmental 

employee is severable from her role as a private individual. Appellees also assert Baldridge is 

liable not only in her capacity as a former governmental official (for intentional violations of 

the Local Government Code and the Texas Open Meetings Act), but that Baldridge is also 

liable in her non-governmental capacity as a Realtor, as a private business owner. as a 

representative of the Estate of her late husband, Alie Baldridge, (who was her real estate 

broker), and as a co-conspirator in committing at least three (3) ditierent torts, in combination 

with over seven (7) other defendants, who are not govenm1ental entities and who have no 

immunity whatsoever. Procedurally the case is also complex because of the trial court's 

Appellees' Second Unopposed Motion for Exiension of Time to File Appellees' Brief Page 4 of7 
severance of the Plea to the Jurisdiction il-om the Motions for Summary Judgment issues, each 

of which have differing standards of review. Due to the complexity of the legal, factual and 

procedural issues, the Appellees need additional time in which to prepare their Appellees' 

Brie[ 

7. Mandator-y Arbitrations for Two Complex Cases Handled During the Same Time 

Fr·ame bv Counsel For Appellees: During the month of December, 2014, Counsel for 

Appellees was also involved in two mandatory arbitrations on case that were scheduled on 

relatively short notice. On December 1 L 2014, 0. Rene Diaz, counsel for the Appellees, was 

involved as lead counsel in an arbitration on several contested issues for Cause No. 20 13-CI12731, In the Matter of the Marriage of Paul H. Reed and Karla M. Villafan-Reed and in the 

Interest of Zoe M. Reed and Jack M. Reed, children. This arbitration took place before the 

Honorable Victor Negron, On December 15, 2014, Counsel was also involved as lead counsel 

in the arbitration on contested issues for Cause No. 2012-CI-05052, In the Interest of Dylan 

Michael Caputo, a child. Both of these arbitrations were final and involved considerable time 

and preparation, similar to a final bench trial, only the arbitrators' decisions were generally not 

appealable due to the binding nature of the decisions. 

8. Appellees request additional time to file said brief: extending the time until at least 

January 29, 2014, which is an additional 30 days. Appellees need this additional time to tile 

their brief to allow adequate time for a proper and complete brief due to a combination of all 

of the grounds alleged and set forth above in this motion. 

9. This motion is not made for the purposes of delay but so that justice may be done. 

I 0. The fiiCts recited in this motion arc within the personal knowledge of the 

Appellees' Second Unopposed Motion for Extension of Time to File Appellees' Brief Page 5 of7 
undersigned counsel and therefore no verification is required under Rule 10.2 

CERTIFICATE OF CONFERENCE 

11. Appellants do not oppose the relief sought in this motion. Appellees' counsel 

conferred via telephone on December 29, 2014, with Appellant's counsel, Clarissa M. 

Rodriguez, who indicated Appellants do not oppose tbe motion. 

PRAYER 

WHEREFORE PREMISES CONSIDERED. Appellees request tbe Comi extend 

the time to file their brief to January 29. 2015. 

Respectfully Submitted, 

DIAZ JAKOB, LLC 

The Historic Milam Building 

115 E. Travis St, Suite 333 

San Antonio, TX 78205 

Tel. (21 0) 226-4500 

Fax (21 0) 226-4502 

State Bar No. 05804775 

Attorney for Appellees 

Appellees' Second Unopposed Motion for Extension of Time to File Appellees' Brief Page 6 of7 
CERTIFICATE OF SERVICE 

This is to certify that a true and correct copy of the foregoing instrument has been 

served in accordance with the Texas Rules of Appellate Procedure on December 30,2014 

to the following: 

Patrick Bernal 

Clarissa M. Rod1iguez 

DENTON NAVARRO ROCHA BERNAL HYDE & ZECH. P.C. 

A Professional Corporation 

2517 N. Main Avenue 

San Antonio. Texas 78212 

210/227-3243 phone 

2101225-4481 Facsimile 

Email: patrick .bemalzilTam page-sa .com 

En1ail: cia rissa.rodri Quez(ffirn moa!le-sa.cL• m 

COUNSEL FOR APPELLANTS 

Darby Riley 

Riley & Riley, Attorneys at Law 

320 Lexington A venue 

San Antonio. Texas 78215 

Jtlorneys for Irene Baldridge 

Appellees' Second Unopposed Motion for Extension of Time to File Appellees' Brief Page 7 of7