Saldana v. Mission Drywall, Inc. et al

Western District of Texas, txwd-5:2018-cv-01060

Exhibit Exhibit 1 - Declaration of David Ernst

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EXHIBIT 1 DECLARATION OF DAVID ERNST IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION MICHAEL SALDAÑA, Individually and on behalf of all others similarly situated, Plaintiff, WOD WOD WOD WOD WOD WODOS Civil Action No. 5:18-cv-01060 MISSION DRYWALL, INC., BOB MUTZ, and DAVI ERNST, Defendants. OS DECLARATION OF DAVID ERNST STATE OF TEXAS COUNTY OF BEXAR My name is David Ernst. I am over the age of eighteen, am competent to testify, and have personal knowledge of the following facts: 1. I am the owner of Mission Drywall, Inc. Bob Mutz and I founded the company back in the 1980s, and we jointly owned the Company until December of 2015. It was then that the Company bought back Mr. Mutz's interest, and I became the sole owner. Mr. Mutz is no longer involved in Mission Drywall. 2. In or around October of 2018, Mr. Mutz called me to advise that he had received a lawsuit filed by Michael Saldana. He advised me that he and I had both been sued, and he asked me whether I had been served with papers. I told him that I had not been. I expected that I would have to be served with the papers on behalf of Mission Drywall since I was the owner and since I understood that we had made me the registered agent after I bought out Mr. Mutz. 3. I was served with the lawsuit on April 3, 2019. It was only after talking to my lawyer, who did online research, that I learned that we had never officially changed the registered agent designation over to me and that Mr. Mutz remained the registered agent. I believed that this had been done by my accountant after I bought out Mr. Mutz. I learned for the first time through my Page 1 of 2 lawyer that a special form needs to be filed with the Secretary of State to properly change a registered agent designation. 4. It was never my intention not to defend this lawsuit. I intended to defend the case if and when the company and I were served. I just did not realize the company was served through Mr. Mutz back in October. I apologize for the inconvenience and delay that my mistake has caused. I declare under penalty of perjury that the foregoing is true and correct. Signed this 25 day of April, 2019. Das David Ernst Page 2 of 2