1 

2 

3 

4 

5 

6 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

David Glow 

1428 Terminal Loop Rd 

McQueeney, TX 78123 

830-560-6679 

Defendant in Pro Se 

ECEIVED 

APR 13 2020 

U.S. DISTR1C COURT 

N fltSTRI(ittit1I TEXAS 

I VANESSA VAGDOS 

Plaintiff, 

vs. 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

SA2OCA.o459 

) Case No.: FB 

I DAVID GLOW AND ALL OCCUPANTS 

Defendant. 

Defendant alleges: 

PARTIES AND COUNSEL 

NOTICE OF REMOVAL 

[28 U.S.C. 1441, 14446 (6)] 

FROM THE COUNTY COURT OF 

GUADALUPE COUNTY 

Case No.:.JEV-120-015 

1. Defendant, DAVID GLOW and Plaintiff, VANESSA VAGDOS are those parties in a 

Texas County Court filed in the Guadalupe County Court of Guadalupe County, concerning real 

property located at, 1428 Terminal Loop Rd, McQueeney, TX 78123 [hereinafter referred to as 

"premises"], within this court's jurisdiction. 

2. Defendant, David Glow are the tenants of the premises, and participants in this 

litigation. 

I/I 

I/I 

3. Wherefore, Defendant, is a bona fide tenant. 

4. Plaintiff is NOT represented by counsel in the County Court action. 

1 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 1 of 11
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

FEDERAL QUESTION 

5. Plaintiff has actually filed a Federal Question Action in County Court, for which the 

County Court Action is removed under 28 U.S.C. 1441 et seq. Hunter v Philip Morris, USA, 

582 F. 3d 1039, 1042-43 (9th Cir. 2009); 28 U.S.C. 1331. 

6. The Complaint in this action was filed in county Court as artful pleading, entitled by 

the County Court of Guadalupe as " Eviction Citation". Pleadings intentionally fails to allege 

compliance with the Civil Rights Act of 1968. 

7. A well-placed Complaint is shown at least where the Plaintiff's right to relief 

necessarily depends on resolution of a substantial question of Federal Law. [Armstrong V N. 

Mariana Islands, 576 F. 3d 950, 954-55 (9th Cir. 2009); Empire Healthcare Assurance v. McVeigh 547 US 677, 687-690 (2006); Franchise Tax Bd v. Const. Laborers Vacation Trust 

S. Cal. 463 Us 1, 12, 27-28 (1983)]. 

8. Even where the cause of action is based on state law, the District Court has subject 

matter jurisdiction over the case if (1) the federal issues are essential to the claims, (2) there is a 

substantial federal issues in resolving such issues, and (3) a Federal forum may entertain the 

State Law claims without disturbing the balance of Federal and State judicial responsibilities. 

[Grable & Sons Metal Prods v. Darue Engr & Mfg. 545 US 308, 313, 315 (2005)]. Here, the 

rights of the Defendants are clearly at stake. 

9. To be a Federal Cause of Action, there must also be a private right of action. [Merrill 

Dow Pharms. Inc. v. Thompson 478 US 804, 817 (1986)]. It can be either express or implicit. 

[Diaz v. Davis 549 Fed 3d 1223, 1229-1230 (9th Cir. 2008)]. The Court must look to the "rights 

creating" language and statutory structure within which it is contained. [Lamie v. Unites States 

Trustee 540 US 526, 534 (2004)]. The Court must assume that Congress did not intend to create 

a right without a remedy. [First PacWc Bancorp, Inc. v. HeIfer, 224 F. 3d 1117, 1123, 1125-26, 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 2 of 11
1 I 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

I (9th Cir. 2000)]. 

10. Defendant is a members of a protected class of whom the statue, the "Civil 

I Rights Act of 1968" was created. 

11. The Federal Cause of Action in ejectment is the basis for this action, irrespective of 

artful pleading, such that action could have been brought in Federal District Court. 

REMOVED ACTION 

12. The Notice of Removal is timely under Section 1446 (b) of Title 28 of the United 

States Code because it is filed within 30 days of discovering that the case was ripe for removal. 

13. A true and correct copy of the County Court Complaint of the action, Defendants 

Pre-Judgment Claim of Right to Possession and related documents, sought to be removed to this 

Court are attached hereto and incorporated herein by reference. 

14. Defendant is a bona fide residential tenant and entitled to the protection of the 

Federal Court, and entitled to remove this action to Federal Court. 

15. Under Texas Code of Civil Procedure the County Court hereby loses jurisdiction 

under the Federal Rules of Civil Procedure and does not recover jurisdiction, if at all, until and 

unless this action is remanded to the County Court, after which jurisdiction will again attach as 

described in that statute. 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 3 of 11
1 2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Dated: APRIL 10, 2020 

David Glow 

1428 Terminal Loop Rd 

McQueeney, TX 78123 

830-560-6679 

Defendant in Pro Se 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 4 of 11
Cause Number: N 

JEVI2IJ-015 

Plaintiff: Vanessa Vajdos 

* 

In the Justice Court 

VS. 

* 

Precinct One 

Defendant(s): David Glow And All 

* County of Guadalupe, Texas 

Occupants 

EVICTION FINAL JUDGMENT On this the on this the 5th day of March, 2020, the above styled and numbered cause in which 

plaintiff sought possession of the premises located at 1428 TERMINAL LOOP ROAD 

MCQUEENEY, TX 78123 (in addition to other relief) was heard. The Court hereby 

finds that the defendant(s) did not answer, demand trial, pay a jury fee or appear at 

the appearance time and date noted on the LI finds that citation; defendant(s) did answer or make appearance in some manner, after which a trial 

was held and evidence and argument was grants plaintiff considered; possession of the premises referred to in the above, for which plaintiff shall no 

sooner than March 31, 2020 to be entitled to a writ of possession in accordance wjth Rule 

748; 

LI grants plaintiff immediate possession of the premises referred to in the above cause of action 

under Rule 740c, for which plaintiff is entitled to an Order for Immediate Possession, subject 

to the one-day warning requirement of Section 24.0061(d)(l) of the Property Code; the Court 

also finds that plaintiff timely filed a bond for possession which was approved by the Court 

and that defendant failed to demand a trial, file a counter bond, appear or file an answer to the eviction lawsuit by the 

LI grants plaintiff's appearance time and date stated in the citation; claim for unpaid rent in the sum of $0.00, and the Court finds the amount of 

LI 

actual 

grants 

rent to be $23 $5.00, during the pendency of any appeal. 

LI grants 

plaintiffs claim for attorney's fees in the sum of $.00. plaintiff's claim of Court Costs; $.00. LI grants plaintiffs claim for interest on the entire 5,00° per annum from judgment (including court costs) at the rate of the date of judgment, Appeal Bond compounded annually, until paid. set at $5()00.00. 

Signed this on this the 5th day of March, 2020. 

Judge l&(ell H/ipter 

Justice of the Puce, Precinct One 

*County, 

Texas 

S 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 5 of 11
EVICTION CITATION: REV. 7/2013 

VANESSA VAGDOS 

(PLAINTIFF) 

VS. 

DAVID GLOW AND ALL 

OCCUPANTS 

1428 TERMINAL LOOP ROAD 

MCQUEENEY, TX 78123 

(DEFENDANT) 

Page lof2 

NO. JEVI2O-015 

X IN THE JUSTICE COURT 

X PCT.QJ 

X GUADALUPE COUNTY, 

TEXAS 

THE 

hereinafter-styled 

STATE OF TEXAS 

and numbered 

TO DAVID GLOW AND ALL OCCUPANTS, DEFENDANT, in the cause: in the hereinafter-styled and numbered cause: 

You have been sued. You may employ an attorney to help you in defending against this lawsuit. But you are not required to employ an attorney. You may file a written 

summoned 

answer with the court before your scheduled trial. You and/or your attorney are 

the Peace In 

to 

and 

be and appear before the Honorable DARRELL HUNTER, Justice of 

COURT 

for the above named Precinct and County, at the JUSTICE located at 2405 E. US HIGHWAY 90, Seguin, Texas, on March 05. 2020! at 10:03 AM: 

There 

Detainer 

to answer 

(eviction), 

the 

wherein 

complaint of action of Forcible Entry and Detainer/Forcible Plaintiff(s) sues for restitution of the premises: 1428 TERMINAL LOOP ROAD following property and 

Precinct No. One, Guadalupe MCQUEENEY, TX 78123 in Justice Court, County, Texas 830-372-4223. 

This 

court 

date 

to consider 

is your trial date. Arrange to have any evidence or witnesses you wish the there in court on that day. For further of the Texas Rules of Civil information, consult Part V 

listed on this citation. Procedure, which is available online and also at the court 

FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING ENTERED AGAINST YOU! 

SUIT TO EVICT 

THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. 

A 

RlGHTS'QR 

TENANT WHO 

RELIEF 

IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING 

'fl.' STA1LXW, 

CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET SEQ.), INCLUDING SECTION 92.017, TEXAS PROPERTY CODE. i'L. 

J 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 6 of 11
Officer's Return (Eviction) 

RETURN 

CAME TO HAND on the 2t' day of 

and .20 O, at 11(7 o'clock 

EXECUTED at Precinct I _ , Place ,A4uPE County, Texas, at /7o'clock..m., on the If day of 

202., by delivering a true copy of the within citation, with a copy of Plaintiff's Complaint attached 

thereto, to the Defendant, IAV tD 

manner of service below) (check 

E in person; or 

attached 

by leaving 

thereto, 

a true 

with 

copy of the within citation, with a copy of Plaintiff's complaint 

, a person over the age of 16 years, at the usual place of abode of Defendant; or 

O by placing a true copy of a copy of Plaintiff's Complaint attached through the door mail thereto, chute of Defendant's premises; or a true 

be securely 

copy of 

affixing 

such 

the citation to the front door or main entry, and by mailing 

sent by 

citation with a copy of the sworn Complaint attached and first class mail on the day of ______________________, 20_. 

The distance actually $___ traveled by me in serving such process was miles and my fees are 

To certify which witness my hand officially, 

1: Constable, Precinct #1, 

Guadalupe County, Texas 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 7 of 11
VANESSA VAJDOS 

PLAINTIFF 

V. 

DAVID GLOW 

DEFENDANT 

PLAiNTIFF 

NO. 

o1 

0 

§ JUSTICE OF THE PEACE 

§ 

§ 

§ PRECINCT NO. 1 

§ 

§ 

§ GUADALUPE COUNTY, TEXAS 

ORIGINAL PETITION FOR FORCIBLE DETAINER 

PLAINTIFF NAME: VANESSA VAJDOS 

ADDRESS: 340 MEADOWLAKE DRIVE, SEGUIN, TX 78155 TELEPHONE: 830-556-5329 

VERSUS 

iI1*ywJ1 

DEFENDANT NAME: DAVID GLOW 

TELEPHONE: 

RESIDENCE ADDRESS: 1428 TERMINAL LOOP ROAD, MCQUEENEY, TX 78123 830-560-6679 

DEFENDANT(S) 

(X) PLAINTIFF 

WITHIN 

KNOWS 

THE 

OF NO OTHER WORK OR RESIDENCE ADDRESS OF COUNTY. 

1. This is a lawsuit to evict DAVID GLOW, tenant and all occupants, who leases the 

property located at 1428 Terminal Loop Road, McQueeney, Texas 78123. This property is 

within the jurisdiction of Precinct No. 1 of Guadalupe County, Texas. The owner/landlord is 

VANESSA VAJDOS. 

2. The last three digits of the driver's license number of Vanessa Vajdos are i. The last 

three digits of the social security number for Vanessa Vajdos are 4.1. 3. DAVID GLOW rented the property on or about March 28, 2017. The lease term was 

from April 17, 2017 to April 16, 2018. The lease was a written lease, which expired on April 16, 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 8 of 11
r 

2018, and has 

9C 9f 

not been renewed. DAVID GLOW has held the property since the expiration of the lease on a month-to-month tenancy. 

4. The rent is $1,950.00 and is due on the 1 of each month. 

5. DAVID GLOW, Defendant/tenant, should be evicted because: 

a. Defendant has caused damage to the property above and beyond normal wear and tear; 

b. Defendant 

knowledge 

has 

and 

brought 

permission; 

a dog onto the premises as a pet without Plaintiff's prior 

c. Plaintiff is within her rights to terminate the month-to-month tenancy pursuant to 

d. 

Sec. 91.001 of the Texas Property Code; and Plaintiff 

improvements 

intends 

to place 

to sell 

it 

the 

on 

property, and needs to make necessary repairs and the market. 

6. Written notice to vacate and demand for possession was given on January 15, 2020 by personal delivery and by First Class Mail, and was given pursuant to Sec. 9 1.001 of the Texas Property Code regarding termination of month-to-month tenancy. 

THE COURT is asked to evict DAVID GLOW and ORDER DAVID GLOW TO: 

a. Pay all rents accruing through the date of judgment, 

b. Reimburse 

due to damages 

Petitioner for all repairs she has made on behalf of Defendant to date 

wear and tear; 

caused by Defendant to the subject property other than ordinary 

c. Pay court costs. 

Respectfully submitted, 

Vanessa Vajdos, Plaintiff 

340 Meadowlake Drive 

Seguin,TX 78155 

830-556-5329 

'1c&t1tA 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 9 of 11
r(-fl ID - 

L..:: LJV - VERIFICATION 

On the day of i b - , 2020, Vanessa Vajdos appeared 

and after being placed under oath, deposed and said: 

"My name is Vanessa Vajdos. The facts contained in this petition are true and correct and within 

my personal knowledge." 

SWORN TO AND SUBSCRIBED BEFORE ME, on 

2020 by Vanessa Vajdos. 

NOTAR PUBLIC/COURT CbRK 

CYNTHIA PIZANA 

Public, State o Texas Comm. Expires 05-22-2021 

Notary ID 12530097-6 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 10 of 11
Tony Bonifla 

Ruben BoniHa, Jr. Ed Chapa 

Mary Helen Berlanga Ted BoniHa 

William Asare 

Bill Bonilla 

Mr. Dave Glow 

1428 Terminal Loop Road 

McQueeney, Texas 78123 

BONILLA &. CHAPA, P.0 ATFORNEYS AT LAW 

(361) 881-1000 Fax (361) 881-1028 

P0 Drawer 5488 Corpus Christi. Texas 78465-5488 

www.bonhIfachapaJaw,m 

Via First Class Mail 

January 15, 2020 

NOTICE OF TERMINATION OF TENANCY 

Of Counsel: 

Patricia Love 

(Edinburg) 

- FEB 20 2020 

Pursuant to Sec. 91.001. of the Texas Property Code, this letter shall serve as formal 

thirty (30) day notice that your tenancy at 1428 Terminal Loop Road, McQueeney, Texas 78123 

is hereby terminated effective February 15, 2020. You are expected to vacate the premises no 

later than February 15, 2020. 

Further, though the lease agreement lapsed in 2018, your tenancy continues to fall under 

the conditions set out in that document. Therefore, pursuant to Paragraph 7 on page 2 of 6, 

"Tenant shall not assign.. .sub-let or grant any license to use the Premises or any part thereof 

without the prior written consent of Landlord." 

CERTIFICATE OF SERVICE 

I certify that a copy of this notice has been furnished to the above-named tenant on 

conspicuous 

February 15, 

place 

2020 

on 

at 1428 

the premises 

Terminal Loop Road, McQueeney, Texas 78123 by posting in a and by First Class Mail. 

Sincerely, 

BONILLA & CHAPA, P.C. 

2727 Morgan Avenue 

P.O. Box 5488 

Corpus Christi, Te s 78465-5488 

Ruben Bonilla 

SBN: 02601000 

Email: rboi swll.net 

Case 5:20-cv-00459-FB-RBF Document 1-1 Filed 04/13/20 Page 11 of 11