This section contains the nature of the case and procedural background.

P rented a hotel room at the La Quinta. She asked the clerk where she could park a rented U-Haul moving van containing personal property and towing her car. A clerk told her to park on the street adjacent to the hotel and assured her the van would be safe 'because of the security it provided.' The next day, P's van and car were missing. P sued La Quinta for negligence, breach of warranty, breach of contract, and violations of the Texas Deceptive Trade Practices Act (DTPA), believing La Quinta was the sole provider of security. P learned that D provided security to the La Quinta in question. P joined D and D filed a motion for summary judgment asserting that the statute of limitations had run and that the discovery rule did not apply. The court granted the motion P appealed.

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