Brenda Arellano Gomez

DEMANDA CIVIL

kIMBERLY ANN KUBALEK Plaintiff vs. MARIA ESPERANZA MARQUEZ ROMO, CESAR LUGO RUIZ, SHAREHOLDERS OF “SAN MIGUEL DE ALLENDE EXPAT COMMUNITY RESOURCE CENTE” DURING TERM OF EVENTS  Defendants

EXPEDIENTE NÚMERO: [To be assigned by the court]

JUZGADO: [Appropriate civil court in San Miguel de Allende, GTO]

I. INTRODUCCIÓN

The present civil demand is filed under the articles pertinent to civil responsibility, breach of contract, and fraud as delineated in the Código Civil para el Estado de Guanajuato and the Código de Comercio applicable to the federative entity of Guanajuato, Mexico. The plaintiff seeks redress for damages incurred due to the actions of the defendants, which include illegal dispossession, fraud, and breach of trust.

 

II. HECHOS

  1. [Date] – Establishment of PANORAMIC MEDIA SAS DE CV by the plaintiff to promote tourism and expatriate services in San Miguel de Allende through VisitSanMiguel.com.

  2. February 2, 2022 – Opening of The San Miguel de Allende Expat Community Resource Center, aimed at providing community services and integration support for expatriates.

  3. October 4, 2022 – Employment of Cesar Lugo Ruiz as general manager, whose duties included management of staff and operational oversight.

  4. March 20, 2023 – Termination of Cesar Lugo Ruiz for gross misconduct, including failure to adhere to work policies, unexcused absences, and financial discrepancies.

  5. June 6, 2023 – Illegal seizure of the business premises facilitated by Cesar Lugo Ruiz and Esperanza Marquez through fraudulent use of a revoked power of attorney and conspiracy with the landlord, leading to an illegal lease and dispossession of plaintiff’s property.

  6. Post-June 6, 2023 – Continued misrepresentation by the defendants to the public and clients that they are the new management, leading to loss of business reputation, income, and severe emotional distress to the plaintiff.

III. PRUEBAS

  1. Documentación Contractual y Comunicaciones: Copies of the lease, employment contracts, termination notices, and communications between the parties.

  2. Testimonios: Declarations from employees, clients, and other witnesses regarding the operations, termination, and subsequent actions of the defendants.

  3. Registros Financieros: Bank statements, financial records, and transaction histories illustrating unauthorized transactions and financial management by the defendants.

  4. Evidencia Digital: Recordings, CCTV footage, and digital communications corroborating the unauthorized access and operations post-termination.

  5. Anexo 1: List of email addresses and other contact information relevant to the case. [To be provided separately for court’s consideration and not public disclosure]

IV. FUNDAMENTOS DE DERECHO

The actions of the defendants constitute clear violations under the Código Civil de Guanajuato regarding obligations and contracts (Articles concerning breach of contract and obligations, specific references to be added by your legal counsel), as well as under the Código Penal para el Estado de Guanajuato concerning fraud and misrepresentation (specific articles to be cited by your attorney).

V. PETICIONES

  1. Declaración de Nulidad: Nullification of the fraudulent lease and any contracts signed by the defendants under the business name.

  2. Resarcimiento de Daños: Compensation for financial losses, including lost income, emergency expenditures related to the dispossession, and legal fees.

  3. Daños Morales: Compensation for emotional distress and reputational damage.

  4. Reinstalación de Posesión: Immediate restitution of the business premises and all assets unlawfully withheld by the defendants.

  5. Medidas Cautelares: Request for precautionary measures to prevent further damage or dispossession during the legal proceedings.

VI. CONCLUSIONES

Given the facts and evidence presented, the plaintiff requests that this honorable court recognize the validity of the claims, impose the appropriate legal and financial penalties on the defendants, and grant relief as outlined in the petition section of this demand.