Trailer Trash: IFP Thug With a JD and Felon Andrew Peter Lehman Sr’s Story Doesn’t Square With Defendants

To The Honorable Judge of Said Court:

Defendants Del Angel Trailer Rental, LLC; Antonio Del Angel; and the incorrectly named Omar Del Angele file this original answer to the Plaintiff’s petition, and would respectfully show the court the following:

Defendants assert a general denial as is authorized by Rule 92 of the Texas Rules of Civil Procedure. Defendant respectfully requests that the Plaintiff be required to prove the charges and allegations against this Defendant by the applicable quantum of proof, as is required by the Constitution and laws of the State of Texas.

Affirmative Defenses and Direct Benefits Estoppel Accord and Satisfaction, Compromise and Settlement, and Novation

The parties settled the dispute over the handling of Plaintiff’s personal property when Plaintiff represented to one or more Defendants that he had secured a rental or lease agreement with a storage facility, and Defendants aided Plaintiff in removing his belongings from the trailer.

Defendants specifically deny dumping anything whatsoever.

Disclaimer

Plaintiff disclaimed any warranties in the agreement.

Ratification and Direct Benefits Estoppel

Plaintiff seeks remedies and causes of action under an agreement. Plaintiff, even if not bound by said agreement originally, is bound to that agreement under the theory of ratification or direct benefit estoppel.

Anticipatory Repudiation

The opposing parties repudiated their agreement to return the trailer to the rental location and intended to dump the trailer in an unknown part of California.

Proportionate Responsibility

Pleading further, without waiving the general denial, if such be necessary, Defendant pleads that any harm or damages to claim were based in whole of in part on the actions of each claimant; each subsequently named responsible third party who has been designated under Section 33.004 or subsequently named third party defendant.

Such proportionate responsibility should be applied because

A.    Each of those parties damaged the trailer or allowed the trailer to be damaged while in his or her care;

B.     One or more of the parties was intoxicated or otherwise acting negligently while in possession of the trailer;

C.     The parties intended to abscond with the trailer to California without returning the trailer;

D.    The parties, if they did not have the right to store their belongings at the storage space they selected, misrepresented that fact to Plaintiffs either intentionally or negligently;

E.     The parties breached one or more agreements with one or more of the Defendants;

F.      The parties refused to communicate with the Defendants about the whereabouts of the trailer, despite their duty to do so;

and

G.    The parties acted generally negligent so as to make Defendants fear for the condition of the trailer.

Additional Items

Notice is given that any and all documents produced during discovery may be used at any pre-trial proceeding or trial of this matter without necessity of authenticating the documents.

This notice is given pursuant to Rule 193.7 of the Texas Rules of Civil Procedure.

Jury Demand and Prayer for Relief

The defendant respectfully demands a jury and prays that the Plaintiff take nothing; that this Defendant be allowed to recover the costs which have been incurred by reason of the charges and allegations of the Plaintiff against this Defendant; and that the court give this Defendant such other and further relief from these charges as the court may feel that this Defendant is entitled to.

Respectfully Submitted,

Chavana Law, PLLC:

/s/ Alejandro Cortez
Alejandro Cortez
alejandro@chavana.lawyer
State Bar of Texas Number 24140334

/s/ Hector Chavana Jr.
Hector A. Chavana Jr.
hector@chavana.lawyer

State of Texas Bar Number 24101382
2702 Little York Rd
Houston, TX 77093
Phone 713-979-2941
Fax 281-783-2773
Attorneys for Defendants

Certificate of Service

This is to certify that the attached answer was served on all counsel of record on January 11, 2025.

Respectfully Submitted,

/s/ Hector Chavana Jr.
Hector A. Chavana Jr.
Attorney For Defendant