Too far, to transfer to Starr

Originally published by David Coale.

Valor Energy sued Price Drilling in Dallas County; Price sought transfer to Starr County, where the relevant oil well was located, and the Fifth Court denied Price’s mandamus petition, which was based on the mandatory-venue provision about the location of real estate (CPRC § 15.011). The Court reasoned: “The record shows that the contract was executed in Dallas County, the alleged negligence is based on Price’s performance of its drilling obligations, and the fraud claims relate in part to some actions directed at Valor in Dallas County. Valor does not seek damages for oil that has been wrongfully removed from its property, and does not seek any declarations as to Valor’s or Price’s rights to any portions of the property itself. Rather, Valor seeks breach of contract, fraud, and negligence damages for Price’s failure to fulfill its duties under the contract to re-drill the Well and for the misrepresentations made by Price to Valor regarding Price’s work on the alleged compliance with the terms of the contract.”  In re Price Drilling Rig No. 5 Co., No. 05-19-00344-CV (June 17, 2019) (mem. op.)

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