Category Archives: News

Padua Law Firm Water Diversion Lawsuit Against Negligent Developer and Construction Companies

Apr 02 2019

HOUSTON — A Baytown couple is suing a construction company, alleging that water was negligently diverted onto their property and caused immense damages.

Heather Gantt and Daniel Gantt filed a complaint March 26 in Harris County District Court against SER Construction Partners LLC, Longhorn Excavators Inc., and Kilgore Park LLC, alleging violation of the Texas Water Code Section, gross negligence, negligence, nuisance and trespass.

According to the complaint the Gantt property at 1538 Sterling Drive, Baytown, was damaged Dec. 8, 2018, when the defendants unlawfully diverted water onto the plaintiffs’ property during rainfall. The suit says the water caused Baytown property to flood and the Gantts to be displaced.

The plaintiffs allege the defendants were negligent in failing to obtain the proper grading, drainage plans and permits.

The Gantts seek economic damages between $200,000 and $ 1 million, punitive and exemplary damages, attorney fees and costs related to the case as well as all other just relief. They are represented by attorneys Alejandro L. Padua and Sara E. Padua of Padua Law Firm PLLC in Houston.

Harris County District Court case number 2019-21666

Source Link: Click Here

Beware of Fraudulent Timeshare Purchase Offers

Jun 25 2018

It’s easy to agree to a timeshare when you’re in the vacation state of mind. Resorts approach you while you are enjoying the clear waters of a relaxing beach, or escaping to the views of a mountain-side. The often impulsive decision to buy a timeshare brings the guarantee of a vacation destination, but also carries a few drawbacks. One of the key drawbacks of buying a timeshare is the difficulty in selling it, which has led to the proliferation of timeshare resale scams.

Timeshare resale scams in Mexico

It is not uncommon for a person to change his or her mind about the decision to own a timeshare. However, the process of selling or transferring the timeshare can be tricky, especially if the timeshare is in a foreign country. Though the interest of an unsolicited potential buyer may seem appealing, there are a few things to look out for. The red-flags for a fraudulent timeshare purchase include:

  1. Unsolicited offers to purchase your timeshare

It’s always best to trust your instincts on this—if it sounds too good to be true, it probably is. It may seem convenient that a timeshare reseller has reached out to you out of the blue, but it should also alarm you. Where did the reseller get your information from? How does this “company” know where your timeshare is located? If the person or company who has contacted you is not affiliated with the timeshare property, you should be on alert.

  1. Requests for owners to wire money upfront

This is where timeshare scammers make their profit. If a timeshare reseller requests a large upfront fee with the promise of a lined-up buyer, it is almost certainly a scam. Upfront fee requests range from “transfer fees”, “permit fees”, and “local taxes”—especially in foreign jurisdictions such as Mexico, where the perpetrators of fraud hope to take advantage of the owners’ lack of knowledge or familiarity with such foreign jurisdiction. Legitimate real estate brokers do not request payment until after the property is sold. Do not make the mistake of sending money to a company before you have actually completed the sale of your timeshare. You do not want to send off a large amount of money and end up with no buyer.

  1. Pressure to complete the sale as soon as possible

If you have neither physically met with the supposed timeshare broker nor been given a physical office address, it is best not to do business with that company. No matter what timeline the broker gives to you, it is in your best interest to conduct a thorough internet search to ensure its legitimacy. Review the Better Business Bureau website ( to see if any complaints have been made against the company. Contact your timeshare property management and ask if it has heard of the company. Do not fall into the trap of “acting fast” and failing to protect your timeshare and funds.

Before sending funds to a supposed timeshare broker or signing any documents, be sure to contact an attorney experienced in real estate transactions. Many timeshare owners have found themselves in a position where the buyers were in fact fraudulent, and lost significant sums of money because they waited too long to contact an attorney. The team at Padua Law Firm can perform the due diligence required to determine whether the transaction is a scam, and protect your timeshare and money.

W.W. Rowland Trucking Co. Employee Alleges Unsafe Working Environment

Mar 16 2018

A Dallas man alleges he was injured while working because of his employer’s failure to provide equipment to the tasks he was assigned.

Fortino Lucero filed a complaint on Jan. 3 in the Harris County District Court against W. W. Rowland Trucking Co. Inc. and Gulf Consolidated Chassis Pool LLC alleging negligence.

According to the complaint, the plaintiff alleges that on Sept. 11, 2016, he was in the course and scope of his employment with defendant Rowland and was injured when a 20-foot container filled with cargo fell onto him. He alleges he suffered severe injuries that resulted in pain, physical impairment and disfigurement, lost earnings and medical expenses.

The plaintiff holds W. W. Rowland Trucking Co. Inc. and Gulf Consolidated Chassis Pool LLC responsible because defendant Gulf Consolidated allegedly breached its duty to provide reliable and safe equipment for the plaintiff to use.

The plaintiff seeks judgment for all damages, together with costs of court, pre- and post-judgment interest and all other lawful and equitable relief. He is represented by John W. Stevenson and William Robert Hand of Stevenson & Murray in Houston and by the Padua Law Firm in Houston.

Harris County District Court case number 2018-00458

Important Notice to Property Owners Along Buffalo Bayou And The West Fork Of The San Jacinto River

Sep 13 2017

Important Notice to Property Owners Along Buffalo Bayou And The West Fork Of The San Jacinto River Who Were Damaged By Flooding – You Have Potential Inverse Condemnation Claims

If your home or business property was flooded (or the flooding levels and duration was significantly increased) due to the flood water releases from the Addicks and Barker reservoirs or the Lake Conroe Dam, you may be entitled to financial compensation from the responsible and appropriate governmental body.  Such financial compensation can be obtained through claims of “inverse condemnation” against such governmental bodies including:  the Federal Government, Harris County Flood Control District, the City of Houston, and the San Jacinto River Valley Authority, among others.

For Many Flooded Property Owners, Your Only Option May be to Pursue an Inverse Condemnation Claim.   We offer Free Case Consultations and Contingency Fee (No Fees Unless You Recover) Legal Representation.           

Call us at (713) 840-1411.

addicks-barker reservoir and its surrounding area

What is Inverse Condemnation?

The 5th Amendment of the United States Constitution and Article I, Section 17 of the Texas Constitution protect property owners from damages or “takings” of their property by requiring just compensation for their losses. Typically, the government or other private companies with eminent domain authority (such as utility or pipeline companies) take direct action to acquire property from private owners by negotiating a purchase or initiating the eminent domain proceedings whereby the fair value of the property being taken is agreed upon or decided through formal or informal proceedings, and such value is paid to the property owners.   In an “Inverse Condemnation,” the condemning authorities first “take” or damage property without compensating property owners.  A property owner in this situation is then forced to file an “inverse condemnation” lawsuit against the government or other condemning entity.   This is usually done through an experienced inverse condemnation attorney.

Eligibility to Recover Damages with an Inverse Condemnation Lawsuit

Eligibility for Inverse Condemnation lawsuit described above depends on many factors and must comprehensively be analyzed by experienced eminent domain attorneys.  The 2 major groups that may be entitled to compensation are those that suffered flooding resulting from the following controlled releases:

Addicks and Barker Reservoirs and Flood Water Releases

If your home or investment property is located downstream of the Addicks and Barker reservoirs along the applicable portions of Buffalo Bayou, AND sustained flood damage commencing on or after Monday August 28th, (or the flooding significantly increased on or after such date) then you may be eligible for compensation.

If your property is located upstream of the Addicks and Barker reservoirs, AND sustained flood damage from Hurricane Harvey, then you may be eligible for compensation.

Lake Conroe Dam and San Jacinto River Valley Authority Flood Water Releases

If your home or investment property is located downstream of the Lake Conroe Dam along the applicable portions of the San Jacinto River, AND sustained flood damage commencing after the deliberate and intentional release of water from Lake Conroe (or the flooding significantly increased after such release) by the San Jacinto River Valley Authority, then you may be eligible for compensation.

I Heard About a Class Action Lawsuit Filed.  Should I Join An Inverse Condemnation Class Action Lawsuit?

We believe that each potential claim of each individual client whose property has been damaged is unique and requires an independent legal analysis to properly answer this question.  While it is true that many law firms in the Houston area have filed class action lawsuits in both State and Federal Courts, you are under no obligation and absolutely no rush to join a class action lawsuit.   Furthermore, depending on the facts of your particular case, the proposed class action lawsuit, and the jurisdiction each was filed in, your case may be better litigated individually.  In other words, you get your own lawsuit.


In short, the best course of action, is to contact an experienced inverse condemnation lawyer that will take a personalized and thorough legal analysis of your case.  We are available to provide more information regarding these matters and collaborate with various well-respected property and engineering experts as well as other law firms throughout the Houston area.

Advice For Those Who Suffered Property Damage by Hurricane Harvey Flooding

Sep 01 2017

In the aftermath of Hurricane Harvey, which caused historic flooding and other water damage with its approx. 20 trillion gallons of torrential rain, you may be asking yourself how to deal with your property damage and also how to navigate the insurance claim process (assuming you have flood insurance).  Below is a helpful list of things to do after any inundation wreaks property damage:

Hurricane Harvey Flood in Houston

Safety First

Even though the flood causing hurricane, storm, or disastrous event may be over, residents may still be in harm’s way. Do not attempt to do anything that your local officials say is unsafe to do. Continue to monitor the news.  If there’s any medical or other type of emergency, physical injury, or death or you or any of your loved ones are in a life-threatening situation, first call 911. You can also call your local county emergency operation center or the US Coast Guard. Do not drive on flooded roadways. Always Remember – “Turn Around, Don’t Drown!”

Safe-keep Your Furniture and Belongings

If you are not dealing with an emergency situation, return to your property safely. Once you are there to assess the property damage, if there is still flood water present, ensure that you shut off the electricity and gas at your property. Move your possessions away from the water to mitigate further damage to your personal property. It is important to keep track of all damage to your property. You may want to separate the damaged property from the undamaged property.  Click here for a sample form that you can use to keep an organized list of all your damaged personal property.

Document the Damage

Take photographs of the water levels and any damage to your property as soon as possible. Photos help your insurance adjuster determine how much you should be compensated for the property damage and can later help in court if litigation is necessary. Pictures of your home or commercial property before the property damage can sometimes offer a “compare and contrast” to show the true extent of the property damage caused by the hurricane or storm. Make sure you take photographs of all types of property damage, including discarded objects, structural damage, and standing floodwater levels. If you can, take videos of the property damage as well.

Inform Your Flood Insurance Company

Promptly tell your flood insurance company you’ve suffered property damage due to the flooding. Cooperate with them and tell them the extent of your losses and property damage. Be sure that you do not confuse your flood insurance carrier, with other types of property insurance that you may have.  Notify all of the appropriate insurance carriers. Before you call your insurance, ensure you have the name of your insurance company, your policy number, and a telephone and/or email address where you can be reached at all times. Write down the claim number that the insurance representative gives you, and keep it handy when communicating with your insurance company.  Once you talk to your insurance it is a good idea to send them any photos or videos of the property damage. You also want to make sure you memorialize your communications with your insurance company, including the date and time of any calls, emails or texts, who you communicated with, and the details that you communicated about the property damage. If possible, provide notice in writing to document that the notice obligation has been satisfied. Policies usually provide for a short notification period after the covered property damage event.

Take Steps to Prevent Any Further Damage and Dry Out Your Home

After you have thoroughly documented all your damage, and notified your flood insurance company, begin steps to prevent any further damage to your property.   Using high water boots, gloves, and other protective equipment, take all affected large items such as rugs, furniture, bedding, and carpet outside to dry.  Do not discard these items until you have thoroughly documented their damage and spoken to your insurance adjuster.   Remove any natural debris, and, and dirt or mud out of the house.   Remove Sheetrock and other water-absorbing construction materials to a few inches past the flood level.  Cover the affected parts of your roof with tarp or some other moisture barrier material.    If you do not think you can get this done yourself, you may need to obtain the help of family, friends, or neighbors or you may hire qualified contractors to help you.

Proof of Loss

Typically, your flood insurance policy will require you to file a “Proof of Loss” in connection with your property damage.  A proof of loss summarizes the amount and extent of the property damage or loss. You must generally submit this signed and sworn Proof of Loss within 60 days after the flooding trigger event. Because when a person suffers a catastrophic or otherwise major loss, it often takes significantly longer than 60 days to assess and document the full extent of the property damage. In such circumstances, you can try to obtain an extension to this deadline in writing or sometimes the appropriate government agencies may grant extensions to that deadline.

Cooperate with the Insurance Adjuster

An insurance company adjuster will visit your home or business property to inspect the flood damage to your property. Provide them with any information they need regarding the extent of your property damage and make them aware that there may be additional property damage that you have not yet uncovered.   At this inspection by the adjuster, make sure that you point out all of the property damage that you know of at the time.

Call a Contractor

If you aren’t satisfied with how your insurance company has valued your property damage, don’t give up. In some cases, it may be beneficial for you to engage one or more contractors that you trust to provide estimates on the repair and/or replacement cost of your property to compare with the amount your insurance adjuster has provided. Assertively inform the adjuster of your concerns.

Consider Hiring an Attorney

If you can’t agree on the value of the property damage, consider engaging an experienced flood damage attorney. An attorney can help you if an insurance company seeks to delay, deny, or unfairly value your property damage claim.   Contact for a free, no obligation consultation related to your flood damage.  Phone 713-840-1411.

Padua Law Firm Represents Developer in Closing $29,907,557 Funding

Jun 27 2015

Padua Law Firm represented Texas Senior Housing Operator, LLC in raising and closing $29,907,557 of capital for the development, construction, and operation of senior housing community in Montgomery County, TX.  The senior living community, Woodhaven Village, consists of 157 independent living, assisted living, and memory care homes and is located on approximately 11 acres in Conroe, TX adjacent from the upcoming Grand Central Park.

The capital raised consisted of a combination of both Equity and Debt and was primarily obtained from Texas Senior Housing Operator, LLC financial partner, Lancaster Pollard, together with its preferred lending institutions as well as individual accredited investors.

The general contractor performing the construction of the improvements at Woodhaven Village, is FCI Multi-Family Construction, who is a longtime partner of the principals of Texas Senior Housing Operator, LLC.   The management and operator of the facility is Paradigm Senior Living.