Fraudulent Lien Petition (Taylor Bret) Refile (FM)

Filed: 6/16/2023 2:53 PM
Michael Gould
District Clerk
Collin County, Texas
471-03110-2023 By Rosanne Summers Deputy
Envelope ID: 76710698
NO. ___________________
BRET TAYLOR aka BRET ROYSTER § IN THE DISTRICT COURT

as the Representative and Independent
Administrator of THE ESTATE OF
RICHARD ALLEN ROYSTER and
THE ESTATE OF MARCEIL FIELDS
ROYSTER
Plaintiff, COLLIN COUNTY, TEXAS
v.
JESS MARSHALL and ____JUDICIAL DISTRICT

AUTOGRAPH CONSTRUCTION, INC.,
d/b/a ACCEDE, INC., ACCEDE
CONSTRUCTION, AXEDE, INC.,
AXEDE CONSTRUCTION,
AUTOGRAPH, AUTOGRAPH
GENERAL CONTRACTING, and
AUTOGRAPH DEVELOPMENT
Defendant.
PLAINTIFF’S ORIGINAL PETITION & REQUEST FOR

DECLARATORY JUDGMENT
Plaintiff BRET TAYLOR aka BRET ROYSTER as the Representative and
Independent Administrator of THE ESTATE OF RICHARD ALLEN ROYSTER and
THE ESTATE OF MARCEIL FIELDS ROYSTER files this Original Petition and Request
for Declaratory Judgment against Defendants JESS MARSHALL and AUTOGRAPH
CONSTRUCTION, INC., d/b/a ACCEDE, INC., ACCEDE CONSTRUCTION, AXEDE,
INC., AXEDE CONSTRUCTION, AUTOGRAPH, AUTOGRAPH GENERAL
CONTRACTING, and AUTOGRAPH DEVELOPMENT and alleges as follows:
A. DISCOVERY-CONTROL PLAN
1. Plaintiff intends to conduct discovery under Level 1 of Texas Rule of Civil
Procedure 190.4 and affirmatively pleads that this suit is not governed by the expedited
Plaintiff’s Original Petition & Request for Declaratory Judgment Page 1

actions process in Texas Rule of Civil Procedure 169 because Plaintiff requests
declaratory judgment.
B. RELIEF
2. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any
kind, penalties, court costs, expenses, prejudgment interest, and attorney fees. Plaintiff
reserves the right to amend his Rule 47 statement as the facts and circumstances of the
case dictate.
C. PARTIES
3. Plaintiff BRET TAYLOR aka BRET ROYSTER is the Representative and
Independent Administrator of THE ESTATE OF RICHARD ALLEN ROYSTER and
THE ESTATE OF MARCEIL FIELDS ROYSTER and as such is authorized to bring this
suit. Plaintiff is a citizen of the State of Texas and resides in Collin County, Texas. The
last three digits of Plaintiff’s social security number are 548 and the last three digits of
his Texas Driver’s license number are 508.
4. Defendant AUTOGRAPH CONSTRUCTION, INC., d/b/a ACCEDE, INC.,
ACCEDE CONSTRUCTION, AXEDE, INC., AXEDE CONSTRUCTION, AUTOGRAPH,
AUTOGRAPH GENERAL CONTRACTING, and AUTOGRAPH DEVELOPMENT
(“AUTOGRAPH”) is a domestic for-profit corporation with its principal place of
business at 9229 Royalpine Drive, Dallas, Texas 75238 which can be served through its
registered agent Emily Ferguson at 9229 Royalpine Drive, Dallas, Texas 75238 or
wherever she may be found.

5. Defendant JESS MARSHALL is the owner, CEO, and Director of Defendant
AUTOGRAPH and can be served at 1616 N Valley Pkwy, Lewisville, Texas 75077 or
wherever he may be found.
D. JURISDICTION & VENUE
6. The Court has jurisdiction over this lawsuit because the amount in controversy
is in excess of the minimum jurisdictional limits of the Court.
7. Venue is proper in Collin County under Texas Civil Practice & Remedies Code §
12.004. as an action under this chapter may be brought in any district court in the
county in which the recorded document is recorded or in which the real property is
located. The real property in question, as well as the recorded documents in question
are filed in Collin County, Texas.
E. FACTS
8. On May 9, 2023, in Collin County, Texas, Defendants filed two fraudulent liens
against the property located at 6409 Chinaberry Trial, Plano, Texas 75023 (“Property”)
claiming as follows: 1
1 Exhibit A (liens filed on May 9, 2023).

9. No notice of liens were provided to the Plaintiff. Indeed, Plaintiff first learned
of the liens through the title company—just two days before the Property was scheduled
to close for sale on June 8, 2023. As a result of the fraudulent liens the sale of the
Property did not go forward, and Plaintiff continues to be obligated for all costs
associated with the Property—including mortgage, taxes, insurance, and utilities.
10. Since learning of the fraudulent liens, Plaintiff has reached out to Defendants to
request (1) a copy of the contract between Richard Allen Royster and/or Marceil Fields
Royster and Defendants related to any work performed on their homestead, (2) copies
of any notices and/or demands related to the materials and/or services provided, and
(3) support for any alleged work performed on the Property that remains unpaid. To
date, Defendants have failed and refused to provide any support for the liens.
11. To the contrary, Plaintiff has confirmed that all work performed, as set out in
the liens, was paid in full in 2020 and 2021.
12. Moreover, upon investigation, Plaintiff has learned that this not the first time
that Defendants have filed fraudulent liens: 2
2
https://www.facebook.com/jessfromthenorthwest/reviews
https://www.bbb.org/us/tx/dallas/profile/roofing-contractors/autograph-construction-0875-
91035752/complaints

F. COUNT 1 – VIOLATION OF CIVIL PRACTICE & REMEDIES CODE §12.002
13. Defendants made, presented, and filed fraudulent liens against the Plaintiff’s
real property.
14. Defendants intended that the fraudulent lien be given the same legal effect as a
court record or document of a court created by or established under the constitution or
laws of this state evidencing a valid lien against real property.
15. Defendants intended to cause Plaintiff to suffer financial injury and/or mental
anguish or emotional distress.
16. Plaintiff seeks actual and statutory damages within the jurisdictional limits of
this Court.
17. Exemplary damages. Defendants violated the Civil Practice & Remedies Code §
12.002, which is the basis for this suit, with actual awareness of the falsity of defendants’
representation or promise, which entitles Plaintiff to exemplary damages under section
12.002(b)(4).
18. Attorney fees & other costs. Plaintiff are entitled to recover court costs and
reasonable attorney fees under Texas Civil Practice & Remedies Code § 12.002(B) (2-3).
COUNT 2 – REQUEST FOR DECLARATORY JUDGEMENT
19. This action is being brought pursuant to Chapter 37 of the Tex. Civ. Prac. &
Rem. Code § 37.004, which states in relevant part “a person interested under a deed,
will, written contract, or other writings constituting a contract or whose rights, status,
or other legal relations are affected by a statute, municipal ordinance, contract, or
franchise may have determined any question of construction or validity arising under

the instrument, statute, ordinance, contract, or franchise and obtain a declaration of
rights, status, or other legal relations thereunder.”
20. The Plaintiff seeks a declaratory Judgment that the liens are invalid and shall be
removed.
21. The liens are deficient and invalid—as they are untimely, not supported by a
written contract, and do not contain the required notices. See Tex. Prop. Code §§ 53.254,
53.160.
22. Attorney Fees. Plaintiff is entitled to recover reasonable and necessary attorney
fees that are equitable and just under Texas Civil Practice & Remedies Code section
37.009 because this is a suit for declaratory relief.
COUNT 3 – QUIET TITLE
23. The invalid liens are clouding Plaintiff’s title. Plaintiff brings this equitable
action to remove the cloud and quiet title.
G. CONDITIONS PRECEDENT
24. Plaintiff alleges that all conditions precedent to foregoing causes of action have
been performed, have occurred, or have been waived.
H. PRAYER
25. For these reasons, Plaintiff ask that the Court issue citation for Defendants to
appear and answer, and that Plaintiff be awarded a judgment against Defendants for
the following:
a. Actual damages.
b. Exemplary damages.

c. statutory damages.
d. Prejudgment and post judgment interest.
e. Declaratory judgment that defendants have filed invalid liens and shall be
removed;
f. Court costs.
g. Attorney fees.
h. All other relief to which plaintiff is entitled.
Respectfully submitted,
ALSTRIN LAW, PLLC
/s/ Christina V. Alstrin

Christina Alstrin
Texas State Bar No. 24068019
[email protected]
38A Rhea Mills Circle
Prosper, Texas 75078
Telephone: (281) 702-6286
Attorney for Plaintiff

Exhibit A
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Christina Alstrin on behalf of Christina Alstrin

Bar No. 24068019
[email protected]
Envelope ID: 76710698
Filing Code Description: Plaintiff's Original Petition (OCA)
Filing Description: Plaintiff's Original Petition & Request for Declaratory
Judgment
Status as of 6/20/2023 8:13 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Christina Alstrin [email protected] 6/16/2023 2:53:12 PM SENT

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Filed: 6/16/2023 2:53 PM

BRET TAYLOR aka BRET ROYSTER § IN THE DISTRICT COURT

JESS MARSHALL and ____JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION & REQUEST FOR

Plaintiff BRET TAYLOR aka BRET ROYSTER as the Representative and

Independent Administrator of THE ESTATE OF RICHARD ALLEN ROYSTER and

for Declaratory Judgment against Defendants JESS MARSHALL and AUTOGRAPH

CONSTRUCTION, INC., d/b/a ACCEDE, INC., ACCEDE CONSTRUCTION, AXEDE,

INC., AXEDE CONSTRUCTION, AUTOGRAPH, AUTOGRAPH GENERAL

CONTRACTING, and AUTOGRAPH DEVELOPMENT and alleges as follows:

1. Plaintiff intends to conduct discovery under Level 1 of Texas Rule of Civil

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 1

3. Plaintiff BRET TAYLOR aka BRET ROYSTER is the Representative and

Independent Administrator of THE ESTATE OF RICHARD ALLEN ROYSTER and

his Texas Driver’s license number are 508.

4. Defendant AUTOGRAPH CONSTRUCTION, INC., d/b/a ACCEDE, INC.,

ACCEDE CONSTRUCTION, AXEDE, INC., AXEDE CONSTRUCTION, AUTOGRAPH,

AUTOGRAPH GENERAL CONTRACTING, and AUTOGRAPH DEVELOPMENT

(“AUTOGRAPH”) is a domestic for-profit corporation with its principal place of

wherever she may be found.

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 2

wherever he may be found.

D. JURISDICTION & VENUE

is in excess of the minimum jurisdictional limits of the Court.

are filed in Collin County, Texas.

1 Exhibit A (liens filed on May 9, 2023).

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 3

associated with the Property—including mortgage, taxes, insurance, and utilities.

the liens, was paid in full in 2020 and 2021.

that Defendants have filed fraudulent liens: 2

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 4

court record or document of a court created by or established under the constitution or

laws of this state evidencing a valid lien against real property.

anguish or emotional distress.

representation or promise, which entitles Plaintiff to exemplary damages under section

COUNT 2 – REQUEST FOR DECLARATORY JUDGEMENT

or other legal relations are affected by a statute, municipal ordinance, contract, or

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 6

rights, status, or other legal relations thereunder.”

37.009 because this is a suit for declaratory relief.

COUNT 3 – QUIET TITLE

action to remove the cloud and quiet title.

been performed, have occurred, or have been waived.

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 7

d. Prejudgment and post judgment interest.

h. All other relief to which plaintiff is entitled.

ALSTRIN LAW, PLLC

/s/ Christina V. Alstrin

Attorney for Plaintiff

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 8

Christina Alstrin on behalf of Christina Alstrin

Name BarNumber Email TimestampSubmitted Status

Christina Alstrin [email protected] 6/16/2023 2:53:12 PM SENT

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