On January 27, 2023, the Texas Supreme Court denied once reality TV star, Armando Montelongo, Jr.'s, and his companies', Real Estate Training International, LLC, Performance Advantage Group, Inc., and License Branding, LLC (the "Montelongo Defendants") Petition for Review. The Montelongo Defendants' Petition for Review sought to dismiss several of the Plaintiffs' fraud related claims. Had it been successful, it would have prevented the Plaintiffs from pursing claims at the core of this dispute. The case is Armando Montelongo, Jr., Real Estate Training International, LLC, Performance Advantage Group, Inc., and License Branding, LLC V. Cecil G. Abrea, et al.; from Bexar County; 4th Court Of Appeals District (04-19-00301-Cv, _ S.W.3d _, 06-15-22).
Since the Trial Court denied the Montelongo Defendants' Motion to Dismiss in 2019, the Montelongo Defendants have repeatedly attempted on appeal to set aside the Trial court's ruling. With today's ruling from the Texas Supreme Court, the Montelongo Defendants' appeal has failed. Attorney Jon Powell, Local Counsel for the Plaintiffs, said, "The decision will likely allow the case to be sent back to the trial court where the parties can agree on an answer deadline for all outstanding discovery. This is an important ruling because, the answers to the discovery will give the Plaintiffs an opportunity to uncover critical evidence to meet the elements of their various causes of action."
Prior to the Trial Court's order, in March 2019, the Plaintiffs served interrogatories, requests for production of documents and requests for admission on the Montelongo Defendants. This discovery has not yet been answered because of the appeal.
Currently, the Montelongo Defendants have not produced any documents related to their internal practices and procedures, nor have they answered questions about how they market their services to students and conduct real estate training.
Attorney John "Mickey" Johnson, told the San Antonio Express News that the claims of fraud by former students are at the "core of the dispute" with Montelongo, and it would have been "a harder road ahead" for them had he prevailed in getting them dismissed." Discovery in the state District Court litigation will resume in a couple of months and allow for the gathering of evidence. "Then we can actually find out what they were doing on the inside," Johnson said. "That's the biggest impact that this ruling is going to have, is that we'll be able to do our discovery now."
If you of someone you know has been injured because of the wrongdoing of someone else, contact the Powell Law Firm today for a free consultation. Established in 2002, The Powell Law Firm specializes in personal injury cases. The Powell Law Firm, Big Enough to Fight; Small Enough to Care.