Ray Basaldua v. George Farinacci, Ladona Farinacci and Jim House, 04-14-00774-CV

Plaintiff Ray A. Basaldua (pro se) was hired as project manager/builder by defendant Li Luo Skelton to construct an addition at 4051 Running Springs in Clear Springs Park subdivision.
Work stopped after defendants (George and LaDona Farinacci and others) filed suit and obtained a temporary restraining order alleging covenant/plan-submission violations enforced by the homeowners association.
Basaldua filed a Third Amended Petition asserting five claims: fraud, tortious interference with existing contract, tortious interference with prospective relations, breach of contract, and aiding and abetting, seeking damages.
Defendants George Farinacci, LaDona Farinacci, and Jim House (described in their motion as volunteer board members of the homeowners association) moved for traditional summary judgment asserting volunteer immunity, lack of contract with Basaldua, and statutory protections under federal and Texas non-profit law.
The trial court granted defendants’ motion for summary judgment and signed an order disposing of all of Basaldua’s claims; Basaldua appeals, arguing the court exceeded the motion’s grounds and lacked jurisdiction over the volunteer-entity issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court improperly granted summary judgment on claims not asserted in defendants’ motion	Basaldua: MSJ addressed only breach of contract; court lacked basis to dismiss his other tort and fraud claims	Defendants: their motion argued statutory immunity and lack of contract; those grounds defeat plaintiff’s claims as a matter of law	Trial court granted summary judgment disposing of all claims; Basaldua appeals asserting abuse of discretion for granting relief beyond grounds pleaded
Whether volunteer/nonprofit immunity or statutory protections bar Basaldua’s claims	Basaldua: Defendants were sued as individuals, the homeowners association was not a party, and the motion’s reliance on "volunteer board" immunity was inapplicable	Defendants: Federal Volunteer Protection Act and Texas non-profit corporation law shield volunteer board members from individual liability; no contract existed between Basaldua and the volunteer directors	Trial court accepted defendants’ motion and entered summary judgment for defendants on the claims (order granted; Basaldua seeks reversal)

McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337 (Tex. 1993) (a summary-judgment movant must expressly present grounds relied upon)
Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623 (Tex. 1996) (a motion for summary judgment must stand or fall on grounds expressly presented)
Inglish v. Union State Bank, 945 S.W.2d 810 (Tex. 1997) (trial court errs when it grants more relief than requested)
Coastal Cement-Sand, Inc. v. First Interstate Credit Alliance, Inc., 956 S.W.2d 562 (Tex. App.—Houston [14th Dist.] 1997) (discussing limits on granting summary relief beyond the movant’s stated grounds)