FILED

5/5/2020 11:08 AM
Mary Angie Garcia
Bexar County District Clerk
Accepted By: Martha Medellin

2020CI08192
CAUSE NO.____________________

Irene DeLeon Perez § IN THE DISTRICT COURT

§
Plaintiff §
§
407th
VS. § _______ JUDICIAL DISTRICT
§
Castillo Funeral Homes, Inc., a Texas §
corporation doing business as Castillo §
Mission Funeral Home §
BEXAR COUNTY, TEXAS
Defendant §

PLAINTIFFS' ORIGIONAL PETITION

Plaintiff, Irene DeLeon Perez files this Original Petition:

DISCOVERY CONTROL PLAN LEVEL

1. Plaintiff, Irene DeLeon Perez, intends that discovery be conducted

under Discovery Level 3. The damages in this case are more than $1,000,000.00.

PARTIES AND SERVICE

2. Plaintiff, Irene DeLeon Perez, is a natural person residing in Bexar

County, Texas (hereinafter referred to as “Plaintiff”).

3. Defendant, Castillo Funeral Holmes Inc., a Texas corporation doing business

as Castillo Mission Funeral Home (hereinafter referred to as “Defendant”) is headquartered

and operating its business in Bexar County, Texas at all material times. Defendant can be served
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Plaintiff’s Petition
Irene DeLeon Perez
vs.
Castillo Mission Funeral Home, Inc.
process through its registered agent, Luis A. Castillo at 520 North General McMullen, San

Antonio, Texas 78228.

JURISDICTION AND VENUE

4. The subject matter in controversy is within the jurisdictional limits of this court.

Plaintiff relies solely on Texas state law to the exclusion of any federal law. In the case of

misnomer or misidentification, Plaintiff sues the Defendant pursuant to TRCP 28.

5. This court has jurisdiction over Defendant because said Defendant is a Texas

corporation headquartered and doing business in Bexar County, Texas.

6. Venue in Bexar County, Texas is proper in this cause pursuant to Section

15.002(a)(1) of the Texas Civil Practice and Remedies Code because all or a substantial part of

the events or omissions giving rise to this lawsuit occurred in Bexar county.

JURY DEMAND

7. Plaintiff has heretofore made demand for trial by jury and tendered therewith the

statutory jury fee.

FACTS

8. The immediate natural children of the Deceased are Henry Deleon, Adelia
Deleon, Celia Blanco, Irene DeLeon Perez, and Maria Cruz (collectively hereinafter referred
to as the “Family”). The Family’s mother, Dolores Gutierrez DeLeon died on April 23, 2020
(“Deceased”). The Family asked the Plaintiff, one of the daughters of the Deceased, to attend to
the funeral arrangements for the Deceased with the Defendant. On February 12, 2020, the
Plaintiff, as a purchaser, entered into a contract with Security National Life Insurance
Company, seller and the Defendant, as the provider, to provide the embalming, funeral service,
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Plaintiff’s Petition
Irene DeLeon Perez
vs.
Castillo Mission Funeral Home, Inc.
merchandise and burial plans (“Funeral Plans”) of the Deceased. On April 23, 2020, the
Deceased was delivered to the Defendant’s place of business to begin the Funeral Plans for the
Deceased. Unfortunately, due to the Covid 19 pandemic complications in planning a burial, the
Family made a difficult choice of a cremation in lieu of a burial. In connection with the Funeral
Plans, the Family attended a Rosary planned by the Defendant on May 1, 2020, before the
cremation. At the Rosary, before the Family, the casket was opened for the viewing of the
Deceased and it was determined immediately by the Family that the body in the casket was not
their mother, the Deceased. The San Antonio Police Department was promptly called by the
Family and the police report was made that the Deceased body was missing and was not in the
casket. The Family indicated to the Police that their mother’s body was missing and the body
presented was not their mother, the Deceased, but instead another body. The Family, at such
time, told the Defendant representative at the funeral home that they were revoking any
authorizations given to the Defendant to cremate the body presented to the Family at the Rosary
(“Rosary Body”) and to keep the Rosary Body in a safe place for further clarity on the identity of
the Rosary Body. The Defendant, at that point, insisted that the Rosary Body was the Deceased.
At the time of filing this Petition, in accordance with the Family’s knowledge of what the
Deceased looked like and the fact that the Deceased had a hip replacement scar that was not on
the Rosary Body, the only conclusion is the Deceased is missing; and there was another body
without identification in the casket, heretofore referenced as the Rosary Body. As a result, the
Plaintiff brings this lawsuit for the loss of the right to dispose of the Deceased’s remains.

NEGLIGENCE

9. Said conduct by the Defendant set forth in paragraph 8, above, constitutes a want

of ordinary care. Plaintiff has suffered damages as a result of Defendant’s negligent conduct.

GROSS NEGLIGENCE

10. Said conduct by the Defendant listed in paragraph 8, above, constitutes gross

negligence. Plaintiff has suffered damages as a result of Defendant’s grossly negligent conduct.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that upon

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Plaintiff’s Petition
Irene DeLeon Perez
vs.
Castillo Mission Funeral Home, Inc.
final hearing of the cause, judgment be entered for the Plaintiff against Defendant for the

economic and actual damages requested hereinabove in an amount in excess of the minimum

jurisdictional limits of the Court, but within the jurisdictional limits of this court, together with

punitive and exemplary damages, prejudgment and post-judgment interest at the maximum rate

allowed by law, costs of court, and such other and further relief to which the Plaintiff may be

entitled at law or in equity, general or specific, whether pled or unpled.

Respectfully submitted,

Mark Louis Greenwald

GREENWALD & GREENWALD, PLLC.
12662 Old Wick Circle
San Antonio, Texas 78230
Telephone (210) 789-6100
Fax: (866) 466-6432
Mark@greelaw.com
www.greelaw.com

s/Mark Louis Greenwald____

MARK LOUIS GREENWALD
SBN: 0487050

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Plaintiff’s Petition
Irene DeLeon Perez
vs.
Castillo Mission Funeral Home, Inc.