333rd JUDICIAL DISTRICT

CUCUMBERS (legal name: Cynthia L. Raynor),

Plaintiff,

v.

DISCO FRIES (legal name: Kenneth D. Barksdale),

Defendant.

Cause No. 2025-253398

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Plaintiff CUCUMBERS, a/k/a Cynthia L. Raynor, complaining of Defendant DISCO FRIES, a/k/a Kenneth D. Barksdale, and files this Original Petition, and for cause of action respectfully shows the Court as follows:

⸻

I. DISCOVERY CONTROL PLAN

1. Plaintiff intends that discovery be conducted under Level 2 pursuant to Rule 190.3 of the Texas Rules of Civil Procedure.

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II. PARTIES

2. Plaintiff Cynthia L. Raynor (“Cucumbers”) is an individual residing at 4321 Yale Street, Houston, Harris County, Texas 77018.

3. Defendant Kenneth D. Barksdale (“Disco Fries”) is an individual residing at 4323 Yale Street, Houston, Harris County, Texas 77018 and may be served with process at that address.

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III. JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this dispute because the amount in controversy exceeds $250, exclusive of interest and costs.

5. Venue is proper in Harris County under Texas Civil Practice & Remedies Code § 15.002(a)(1) because all or a substantial part of the events giving rise to this claim occurred in this county.

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IV. FACTUAL BACKGROUND

6. On or about March 18, 2025, Defendant allowed two large dogs—a male Boxer named “Butch” and a female Husky named “Clio”—to escape through an unsecured side gate from his backyard and enter the adjoining property of Plaintiff.

7. Defendant had previously received at least one written warning from the Yale Street Neighborhood Association (Letter dated February 1, 2025, Ref #YSNA-2105) regarding prior off-leash incidents.

8. The dogs proceeded to damage Plaintiff’s backyard garden, which included ornamental vegetation, a handmade cedar trellis, and multiple potted citrus trees.

9. Additionally, Clio climbed onto the elevated rear porch and severely scratched the glass and wood of a newly installed Andersen storm door (Invoice: Texas Exteriors Co., #TXE8940).

10. The total damage has been estimated at $6,734.25, including $1,900 in landscaping costs, $3,284.25 in repair to structural elements, and $1,550 for replacement of broken ceramic planters and outdoor fixtures.

11. Despite repeated written and verbal requests, Defendant has refused to acknowledge responsibility or provide restitution.

12. Plaintiff asserts that Defendant’s failure to secure his animals constitutes actionable negligence, trespass, and nuisance under Texas law.

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V. CAUSES OF ACTION

Count 1 – Negligence

13. Plaintiff incorporates the allegations above.

14. Defendant owed a duty to control and confine his dogs.

15. By failing to secure the gate and permitting his animals to roam, Defendant breached this duty.

16. Defendant’s breach was the proximate cause of Plaintiff’s damages.

Count 2 – Trespass to Real Property

17. Defendant’s dogs entered Plaintiff’s land without consent.

18. The entry resulted in physical damage to the property.

19. Defendant is liable for trespass and all resulting harm.

Count 3 – Private Nuisance

20. Defendant’s conduct interfered with Plaintiff’s peaceful enjoyment of her home.

21. Such interference was substantial, unreasonable, and continuous.

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VI. DAMAGES AND PRAYER

22. As a result of Defendant’s actions, Plaintiff has suffered damages exceeding $6,700.

23. Plaintiff also seeks recovery of court costs, reasonable attorney’s fees under Chapter 38 of the Texas Civil Practice & Remedies Code, and any other relief the Court deems just.

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear and answer herein, and that upon final hearing, Plaintiff be awarded judgment against Defendant for:

• Actual damages of $6,734.25;

• Pre- and post-judgment interest;

• Court costs and attorney’s fees;

• All other relief in law or equity to which Plaintiff may be justly entitled.

Respectfully submitted,

Cline, Suarez, Levin & Grant LLP (CSLG)

Attorneys for Plaintiff

1112 Louisiana Street, Suite 2100

Houston, Texas 77002

Phone: (713) 555-4420

Fax: (713) 555-4421

Email: docket@cslg-hou.com

By: /s/ Andrea Suarez

Andrea Suarez

State Bar No. 24045119

ATTORNEYS FOR PLAINTIFF CUCUMBERS

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