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									                                              CAUSE NO.



 PRfNClPLE BROADCASTfNG                          )                IN THE JUDICiAL DIS1'-RICT
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Vs                                               )                COUNTY COURT OF LAW 4 ~                 "'
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CARLOS QUINTANILLA                               )
                                                 )
               Defendant                          )                DALLAS COUNTY


          DEFENDANTS COUNTERCLAIM FOR FRAUD. BREACH OF CONTRACT.
                    UN.JUST ENRICHMENT and GENERAL DENIAL

        COMES NOW, Defendant CARLOS QUINTANILLA, files this Counterclaim and its

General Denial to PRINCIPLE BROADCASTING as Plaintiff's and would show:

                                           I. Discovery Level

Defendants intend that Discovery be conducted under Level 1 as described in Rule 190 of The

Texas Rules of Civil Procedure.

                                               II. Parties

     1. Plaintiff, Principle Broadcasting is a Delaware Corporation doing business in

Dallas County, Texas as 990 AM Radio

2. Defendant, Carlos Quintanilla, resides at 421 South Dwight. Dallas, Texas, Dallas County.


                                     ill. Jurisdiction and Venue

4. Dallas County, Venue is proper.



CARLOS QUINTANILLA   CQUNTER   CLAIM for FRAUD. BREACH.   UNJUST ENRICHMENT   AND GENERAL        DENIAL
                                    IV. Factual Background

5. Plaintiff's go in great detail to allege violations of Breach of Contract and failing to pay for
radio broadcast time on 990 am, what they fail to mention was the goods were defective, services
were interrupted, cash payments were made for services used and that their employee was
competing with Defendant's business by contacting clients obtained by Azteca BDG, by
communicating with on air talent and then leasing time to them and by inserting programs
without the consent and knowledge of Azteca BOG, not to mention that during the time La Voz
Radio was not on the air, other program personalities (Preachers) were continuously begging and
unscrupulously using God to bamboozle the Hispanic community to make donations and
offerings ..

6. At all times relevant to this cause, Carlos Quintanilla was the conducting business as Azteca
Business Development, Group.

7. The nature of the business herein referred to as La Voz Radio is a Saturday Sunday radio
broadcast on 990 AM, in the City of Dallas Texas ...

8.     On February 3, 2010, Carlos Quintanilla acting on behalf of La Voz Radio was led to
believe that he was purchasing radio time and would get results, instead he received false
information about the station, was surrounded by money hungry preachers and inferior quality
of radio transmission services.

9. When this agreement was signed by both parties, Plaintiff's omitted material fact to the
execution of the agreement by failing to inform Defendant that they would insert programs that
interfered with La Voz Radio program format, that their employee would be contacting our
advertisers, that Preachers would be begging for money around the clock, that that the clarity of
the radio signal was going to be affected because of repairs, had they disclosed to Defendants,
this information. Defendant would have had an opportunity to decline advertising and seek it
elsewhere ..

29. The omission of material facts by Plaintiff's, the frivolous filing of Plaintiff's Original
Petition is based on the theory that this court will be convinced that since Principle Broadcasting
is a religious entity, their word is Gospel.

29. For the reasons outlined in this our Original Response and Counter claim, this Honorable
Court must and should reject Plaintiff's Principle Original Petition and proceed with trial for the
causes of action herein outlined by Defendant Carlos Quintanilla
                                V. Causes of Action on Counterclaim

                                                    Fraud

31. Pleading further and or in the alternative, Defendant Carlos Quintanilla herein the
allegations stated above and further alleges that Plaintiff Principle Broadcasting, both in their
individual capacities and representatives capacities, made material misrepresentation to
Defendant Carlos Quintanilla with knowledge of their falsity and with reckless disregard for the
truth, or otherwise caused material omissions, intending that the Defendant Quintanilla rely on
same. Defendant Quintanilla did rely on such misrepresentations and or omissions to his
detriment, causing monetary harm for which Defendant Quintanilla seeks compensation.

                                             Breach of Contract

32. Pleading further and or in the alternative, Defendant Quintanilla Incorporates herein the
allegations stated above and further alleges that Plaintiff Principle Broadcasting, both in their
individual capacities and representatives capacities, breached their contract with Quintanilla and
made material misrepresentation to Defendant Quintanilla with knowledge of their falsity and
with reckless disregard for the truth, or otherwise caused material omissions, intending that the
Defendant Quintanilla rely on same. Defendant Quintanilla did rely on such misrepresentations
and or omissions to his detriment, causing monetary harm for which Defendant Quintanilla seeks
compensation

                                             Unjust Enrichment

33. Pleading further and or in the alternative, Defendant Quintanilla herein the allegations
stated above and further alleges that Plaintiff Principle Broadcasting, both in their individual
capacities and representatives capacities, Unjustly Enriched themselves and made material
misrepresentation to Defendant Quintanilla with knowledge of their falsity and with reckless
disregard for the truth, or otherwise caused material omissions, intending that the Defendant
Quintanilla rely on same. Defendant Quintanilla did rely on such misrepresentations and or
omissions to his detriment, causing monetary harm for which Defendant Quintanilla seeks
compensation.

                                               General Denial

34.    Defendant Quintanilla denies any and all claims asserted by Plaintiff's.

DEFENDANT   QUlNJANlI.LA   COUNTER   CLAIM (or FRAUD.   BREACH, UNJUST   ENRICHMENT   AND GENERAL   DENIAL
                                       Exemplary Damages

36. The wrong done by Plaintiff's Principle Broadcasting was aggravated by the kind of fraud
for which the law allows the imposition of exemplary damages. Further, Plaintiff's wrongful
conduct was and is malicious, willful and wanton. Defendant Quintanilla Therefore seeks
exemplary damages in an amount to be determined by the jury but far in excess of this Court
minimwn jurisdictional amount.

                                              Prayer

     WHEREFORE, Defendant Carlos Quintanilla prays that Plaintiff Principle Broadcasting
be cited to appear and answer herein, that upon hearing Defendants Carlos Quintanilla Response
to Original Petition and on fmal trial on his counterclaim hereof that the causes of action pleaded
and damages found by the trier of the fact be granted as requested herein including punitive and
damages and that Defendant Quintanilla be awarded costs, prejudgment and post judgment
interest at the maximum lawful rate and reasonable and necessary attorney fees including
attorneys fees in the event of an appeal to the Court of Appeals and the Supreme Court of Texas,
and for such other and further relief that may be warded at law or in equity .




                                                             ·•
                                                       .••.....••...,JUA
                                        Certificate of Service


I certify that a true and complete copy of DEFENDANT'SCOUNTERCLAIM FOR FRAUD, BREACHOF
CONTRACT,UNJUST ENRICHMENT AND GENERALDENIAL was served on



PRINCIPALBROADCASTING


By:

Facsimile, to following number: (214) 540-1210



And by Regular US Mail to:

JAMES BRENDAN CARROll
ATTORNEYAND COUNSElOR AT LAW
Attorney's for Plaintiff's
501 Elm Street
Suite 385, L.B.33
Dallas, Texas 75202




                                                         Ca los Quintanilla D8   Voz Radio
                                                         Petitioner, Pro Se

								
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