Chase Bachman, et al. v. Mario Serratos, et al.

Summary

The United States District Court for the Southern District of Texas grants Defendant Mario Serratos’s Rule 12(b)(6) motion to dismiss claims for breach of contract and violations of the Texas Deceptive Trade Practices Act. The court concludes that the plaintiffs failed to plead Serratos’s personal involvement in any deceptive act, a legally cognizable partnership relationship, or that he was a party to the contract. The claims against Serratos are dismissed without prejudice.

Holdings

1. The DTPA claim against Serratos fails because the complaint does not allege his personal participation in a misrepresentation or deceptive act.
2. Plaintiffs did not plausibly allege that K & J Flooring was a general or de facto partnership, and Serratos could not be held liable under the DTPA merely based on the asserted partnership theory.
3. The breach of contract claim against Serratos fails because the complaint does not allege facts showing that Serratos entered into, signed, or had authority to form a contract with plaintiffs.

Questions Presented

1. Whether plaintiffs plausibly stated a Texas Deceptive Trade Practices Act claim against Serratos without alleging his personal participation in a misrepresentation or deceptive act.
2. Whether plaintiffs plausibly alleged that K & J Flooring was a general or de facto partnership whose existence could impose DTPA liability on Serratos.
3. Whether plaintiffs plausibly stated a breach of contract claim against Serratos without alleging that he personally entered into, signed, or had authority to form the contract.

Disposition

dismissed