and/or offiduciary breachof duty. fiduciary duty.
86 Plaintiffs Plaintiffs allege andwould allege and thatCarol provethat would prove Carol and David's ffailure andDavid's ailureor refusalto orrefusal to providewrittenannual accountingooff the provide written annual accounting the Peterson Trustis PetersonTrust intentional is intentional and and
malicious, suchthatthey malicious, such shouldbeassessed that they should exemplary be assessed exemplary punitivedamages. orpunitive or damages. 87 Ruby 87 Rubyrevokedthe 1993Powerof revoked the 1993 Attorney Power of Attorney November onNovember on 15,2013. 15, 2013. Silverado Silverado hhad adnotice ofthe notice of newpowers the new ofattorney powers of appointing attorneyappointing MackandDon as Mack and Don as
Ruby's Ruby's a gentson agents November 15,2013.Silverado on November hadaaduty 15, 2013. Silverado had acknowledge dutytotoacknowledge and and
honor Ruby'snew honor Ruby's newpowers ofattorney. powers of attorney.19
Silverado Appx. 0196 No. 1-15-586-CV 3232 88 Plaintiffs allegeand wouldprove allege and would that Ruby provethat Rubyand theyhave and they sustained havesustained substantial damages asa oftrustand/or breach ofSilverado`s substantial damages as a proximate result of Silverado's breach of trust and/or
breach offiduciary duty breach of dutyregarding Ruby'snew regarding Ruby's newpowers ofattorney. powers of attorney.Additionally, Additionally,
intentionally Silverado intentionally and maliciously failed andmaliciously failed or refusedto or refused honorandrecognize to honor and recognize
Ruby's Ruby's rrevocation evocation ooffherprevious her previous p of attorney owerof power andherappointment attomeyand ofDon her appointment of Don
andMack and heragents, asher Mack as suchthat agents,such Silverado that Silverado shouldbe should assessed beassessed exemplary exemplary or or
punitive damages. punitive damages.
E CONSPIRACY E CONSPIRACY
89 Plaintiffs Plaintiffs claimdamages againstthe claim damages against Defendants jointly theDefendants andseverally jointly and based severally based
thealleged on the on conspiracy alleged conspiracy Carol,David amongCarol, among DavidandSilverado and Silverado to accomplish toaccomplish an an
unlawful unlawful p Conspiracy urpose.Conspiracy purpose. eexists here because there xistsherebecause are (l) there are twoor (1) two more or more persons, (2)an persons, (2) objectto anobject beaccomplished, to be (3)aa meeting accomplished, (3) oftheminds meetingof theobject onthe the minds on object
ofthe of ofaction, courseof the course (4)one action,(4) oneor unlawful, moreunlawful, or more overtacts, overt and(5)damages acts, and as (5) damages as
theproximate the result. proximate result.
90 Plaintiffs Plaintiffs a llegeandwould allege thattheDefendants provethat and would prove agreedto the Defendants agreed violateor to violate or infringeRuby's infringe againstfalse rightsagainst Ruby'srights falseimprisonment and/orassault imprisonment and/or andbattery, assaultand under battery, under
thefactsalleged inthis the facts alleged in case.JURY this case.
JURY DEMAND DEMAND
Plaintiffs demandaajury Plaintiffs demand jury trial and have paid aa juryfee. andhavepaid jury fee.
Silverado Appx. 0197 No. 1-15-586-CV 3233 TAB 36
1 APPELLATE COURT CASE NO. 01-15-00567-CV & 01-15-00586-CV
2 TRIAL COURT CASE NO. 427,208 & 427,208-401 FILED IN 1st COURT OF APPEALS 3 HOUSTON, TEXAS 9/15/2015 10:04:54 AM 4 IN THE GUARDIANSHIP * IN THE PROBATE COURT OF CHRISTOPHER A. PRINE Clerk 5 *
6 RUBY PETERSON, * HARRIS COUNTY, T E X A S
7 *
8 INCAPACITATED ADULT * COURT NUMBER (1) ONE
10 MOTION TO RULE FOR SECURITY FOR COSTS
11 AND MOTIONS FOR SANCTIONS HEARING
13 Came to be heard on this the