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No. 04-14-00829-CV 

IN THE COURT OF APPEALS 

FOR THE FOURTH JUDICIAL DISTRICT OF TEXAS 

AT SAN ANTONIO 

Western Rim Property Services, Inc., 

 Appellant, 

v. 

Paula Bazan-Garcia, 

 Appellee. 

ON APPEAL FROM THE COUNTY COURT AT LAW NO. CC# 03 OF 

BEXAR COUNTY, TEXAS, CAUSE NO. 2014CV01064 

AGREED MOTION TO DISMISS APPEAL 

BAKER BOTTS L.L.P. 

Jennifer M. Trulock 

State Bar No. 90001515 

Stephanie F. Cagniart 

State Bar No. 24079786 

2001 Ross Avenue, Suite 600 

Dallas, Texas 75201-2980 

(214) 953-6500 

(214) 953-6503 (Facsimile) 

jennifer.trulock@bakerbotts.com 

ATTORNEYS FOR APPELLANT 

WESTERN RIM PROPERTY SVCS, INC. 

ESPINOZA LAW FIRM, PLLC 

Javier Espinoza 

State Bar No. 24036534 

Josue Garza 

State Bar No. 24072737 

503 E. Ramsey, Suite 103 

San Antonio, Texas 78216 

(210) 229-1300 

(210) 229-1302 (Facsimile) 

josue@espinozafirm.com 

ATTORNEYS FOR APPELLEE 

PAULA BAZAN-GARCIA

ACCEPTED

04-14-00829-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

4/7/2015 12:22:28 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 4/7/2015 12:22:28 PM KEITH E. HOTTLE Clerk
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Pursuant to Texas Rules of Appellate Procedure 42.1(a)(2)(A) and 43.2(f), 

Defendant-Appellant Western Rim Property Services, Inc. (“WRPS”) and 

Plaintiff-Appellee Paula Bazan-Garcia (“Bazan-Garcia”) file this Agreed Motion 

requesting that the Court dismiss the pending appeal without prejudice because the 

parties have agreed to proceed in arbitration. 

BACKGROUND 

 Bazan-Garcia filed a Petition against WRPS in Bexar County Court of Law 

on July 1, 2014. CR 9. In response, WRPS moved to compel arbitration of BazanGarcia’s claims, pursuant to two arbitration agreements between the parties. CR 

16. The trial court denied WRPS’s motion on November 10, 2014. CR 144. 

WRPS timely filed this accelerated interlocutory appeal on November 24, 

2014. CR 156–57. The parties completed briefing for the appeal on February 9, 

2015. On March 17, 2015, the Clerk issued notice that the cause was set for formal 

submission on the briefs before this Court on April 7, 2015. 

MOTION 

Parties may voluntarily dismiss an appeal. Tex. R. App. P. 42.1. “In 

accordance with an agreement signed by the parties or their attorneys and filed 

with the clerk, the court may render judgment effectuating the parties’ agreement.” 

Tex. R. App. P. 42.1(a)(2)(1). The court of appeals’ authority includes the power 

to dismiss an interlocutory appeal without prejudice. See, e.g., Franco v. Sanchez, 
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Case No. 04-15-00053-CV, 2015 WL 1244868, at *1 (Tex. App.—San Antonio 

Mar. 18, 2015, no. pet. h.) (citing Tex. R. App. P. 42.1(a), 43.2(f)). 

In this appeal, WRPS asked the Court to reverse the trial court’s order 

denying WRPS’s motion to compel arbitration, and to direct the trial court to 

compel arbitration of all of Bazan-Garcia’s claims in accordance with the parties’ 

arbitration agreements. The parties have now resolved that dispute by agreement. 

On April 6 and 7, 2015, the parties executed an Agreement to Proceed in 

Arbitration (the “Agreement”), in which Bazan-Garcia agreed to abate the case 

currently pending before the trial court and to pursue all of her claims against 

WRPS in arbitration, including any challenges to the validity and enforceability of 

the parties’ arbitration agreements. A copy of this Agreement is attached to as 

Appendix 1. 

In accordance with their Agreement to Proceed in Arbitration, the parties 

request that this Court dismiss this appeal without prejudice because the parties’ 

Agreement resolves the disputes raised in this interlocutory appeal. 

PRAYER FOR RELIEF 

For the foregoing reasons, the parties respectfully request that the Court 

dismiss this appeal without prejudice, with each party to bear its respective costs 

and attorneys’ fees. 
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Agreed to and submitted this 7th day of April, 2015. 

BAKER BOTTS L.L.P. 

By: /s/ Jennifer M. Trulock

Jennifer M. Trulock 

State Bar No. 90001515 

2001 Ross Avenue, Suite 600 

Dallas, Texas 75201 

(214) 953-6500 

(214) 953-6503 (Facsimile) 

jennifer.trulock@bakerbotts.com 

Stephanie F. Cagniart 

State Bar No. 24079786 

98 San Jacinto Blvd, Ste 1500 

Austin, Texas 78701 

(512) 322-2500 

(512) 322-2501 (Facsimile) 

stephanie.cagniart@bakerbotts.com 

ATTORNEYS FOR APPELLANT 

WESTERN RIM PROPERTY SVCS, INC.

ESPINOZA LAW FIRM, PLLC 

By: /s/ Josue Garza

Javier Espinoza 

State Bar No. 24036534 

Josue Garza 

State Bar No. 24072737 

503 E. Ramsey, Suite 103 

San Antonio, Texas 78216 

(210) 229-1300 

(210) 229-1302 (Facsimile) 

josue@espinozafirm.com 

ATTORNEYS FOR APPELLEE 

PAULA BAZAN-GARCIA

 
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CERTIFICATE OF SERVICE 

I hereby certify that on April 7, 2015, a copy of the foregoing was 

served by the Court’s CM/ECF electronic service and by electronic mail on the 

following parties: 

Javier Espinoza 

Josue F. Garza 

The Espinoza Law Firm, PLLC 

503 E. Ramsey, Ste. 103 

San Antonio, Texas 78216 

210-229-1302 (Facsimile) 

josue@espinozafirm.com 

 /s/ Stephanie F. Cagniart 

Stephanie F. Cagniart 

 
APPENDIX 1 
Th 'A 6. 201 c:;: 1·.38PM02 From: e p I, ") 

To: • 12106913684 Fax: 210SQ1~51l4 Page 3 orr.No . 2381 10 :i~P . 2/4 

AGREEMENT TO PROCEED IN ARBITRATION 

This Agreeme.11t to Proceed in Arbitration ("Agreement") is made by and 

between Pa.uln Bazan-Garcia. ("Bazan-Garci~'') and Western Rim Property Servioes ("WRPS'') 

. (colleoti.vely, ~'the Partiesn), on the following terms; 

:@Cll'AJ;S 

WHEREAS, Bazan-Garcia· wishes to pt.usue certain claims that she as.serted 

against WRPS in the Origi11a1 :Petition and Fi1-s1 Amended '.Petjtion filed in .8taan-Garcia v. 

WBst~rn Rim Property Services • .lnc., Case No. 2014CV01064, County Court at Law #03, Bexa:t 

County, 'Texas (the "Case"); and 

WHEREAS, WRPS contends that BB.Zilll-Garcia1s claims are 'subject to 

arbitration, and has filed an appeal to enforce the patties• arbitration agreements ~n Westem Rim 

Property Services, lna. v. Bazan.-Garciaj Case No. 04-14-00829-CV, Fourth Court of Appeals 

District (the ''Appeal'~). which is curr~ntly set for furmal submission on the briefs befol'e the . 

Court of Appeals on April 7, 2015; and . 

WHEREAS, the Parties> l'eoogni.zing the expense1 inconvenience and ti.mo 

consumption in.volvod for the Parties and the Court of Appeals in resolving fue Appeal, have 

agreed that the Appeal should be dismissed, that the Case should be abated~ and that Bazan~ 

Garcia mLiSt prn;sue her claims against WR.PS In arbitration. 

NOW. niEREFORE. fo:r and in consideration of the promises, covenants and 

undertakings set forth herein, Bazan~Garcia and WR.PS agree as follows: 

1. \VRPS covenants find agrees that within. tWo (2) busine.!ls- days of the 

Effective Date of this Agreement, W.RPS will. file· an Agreed Motion on behalf of the PaJ:ties in 'the Coui-t of Appeals. The Agreed Motion will request that the Co»rt of Appeals dismiss the 

Appeal without prejuclice., with each party t.o ~ear its respective cos~ and attorneys' fees. The 

Parties e~pressly agree that the County Court• s Order has no ptecedential effect io. th:is or any 

other di.spute between tb.e Parties. By agreeing to di&rriiss the Appeal, WRPS does not conoede 

that the Colll.'lty Court's Order :-vas ern:rect, lllld maintah1s that the P.t!l.rlie.s' arbitrE\.tion agreements 

are valid and enfurce1:1.blo between, tbe Parties> &nd Bazan-Garcfo maintains her position that the 

arbit:mtion agreeme.at is unconscionable and does not waive her right assert this argument to an 

arbitrator. · 

. 2. Bazan-Garcta ~oveoants and agrees that within seven (7) days after t11e 

date on which the Court of Appeals issues an Order dismissing the Appeal, Baza:o.·GaI'eia w111 

file a motion to abate the Case in state court, pending resolution of the arbitration. 

3. Baza.i.).-Gat·cia covenants and agrees to pursue any cla\ms against WR.PS in · 

arbitration, pursuant to tbe arbitration agreements referenced in .WRPS's Opening Brief in. the. 

Appe!il as App. 3 (Arbitration Agreement) and App. 13 (Employee Handbook), and in 

acoordance Vtith the Employment Atbitratlon Rules of the American Arbitration Association 

(('AAA'"), E!Vailable to the pubBc through AAA's website. Bazan-Garcia covenants and agrees to 

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Agreeanept ti) Proceeg in Ar bf tratigp. 
Io: +1210!iS13b84 F&Y: 10591~5(14 

file hei: dein.@d for arbitration within sixty (60) days after the date on which the CoW1ty Co"Urt 

abates the Case. Tbe Parties agree Bazsu~Garo'ia has the right to challenge the enforceability of 

those agteeme11ts in arbitration. 

4. The Effective Date of the Agreement is the date by which the Agreement 

hns been, sigtted by both. Parties or their authorized represe11tatives. 

' . 5. nus Agreement shall inure to the benefit of and be binding upon the 

Parties> .their a.g~ts an.d representatives. the h~rs, successors and assigns of the respective 

parties. 

AGREED to by: 

Panla B.azan~Garcla: 

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Ai!:eement t:o.J,!roceed in Arbitratio~ 

I 

. I 

. I 

: 
Wes tern Rim Property Services: 

By: cM of/;fa 

Its: ~e k //JU£, {I' , LL-(, ~ ~f~ 

Date: <f /z /r£= 

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Agreement to Proceed in Arbitration