On July 26, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Devsj Concrete Llc (Derivatively On Behalf Of Texas Conrete Enterprise,
Texas Concrete Enterprise Iv Llc,
Gajarawala, Hemant,
and
Kurre, Somaiah,
for Debt/Contract - Debt/Contract
in the District Court of Harris County.
Preview
CAUSE NO. 2016-49450
HEMANT GAJARAWALA § IN THE DISTRICT COURT OF
§
vs. § HARRIS COUNTY, TEXAS
§
SOMAIAH KURRE § 80th JUDICIAL DISTRICT
REPLY TO RESPONSE TO MOTION TO STRIKE
OR, ALTERNATIVELY MOTION TO SEVER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant / Counter-Plaintiff, SOMAIAH KURRE (“Kurre”), and file this
Reply to the Response filed by Plaintiff and Intervenor to the Motion to Strike, or Alternatively
Motion to Sever and in support thereof would respectfully show unto the Court as follows:
1
Reply to Response
i In the Response, Plaintiff and Intervenor make several erroneous assumptions that
need to be corrected. First, it is asserted that “Stated simply Donati is and was acting as Defendant’s
attorney in both cases.” This is incorrect. The facts are as follows:
a. Donati has been retained by Shree Radha, LLC with regard to the Donati letter and the
issues therein.
b. Shree Radha, LLC is not a party to this lawsuit.
c. Donati is not representing Kurre with regard to Shree Radha’s claims involving the land.
Second, it is asserted that the Donati letter “was intended to harass and defame Mr.
Gajawarala and DEVS) and to provide a fake basis for the new claims of fraud and statutory fraud to
be made by Kurre ...” This assertion is incorrect. The facts are as follows:
a. The Donati letter was not intended to harass and is not defamatory. Mr. Gajarawala’s
deposition testimony and the records from Allegiance Bank support the factual assertions in
the Donati letter.b. The letter is not a basis (much less fake basis) for the claims of fraud and statutory fraud.
c. The claims of fraud and statutory fraud are based upon Mr. Gajarawala’s deposition
testimony and the records from Allegiance Bank.
d. The letter does not even mention DEVSJ.
2 Plaintiff and Intervenor are asserting a claim against Kurre for the letter that was not
sent on his behalf. This letter was written and sent on behalf of Shree Radha, LLC. Shree Radha is
not even a party to this lawsuit. Given that the letter indicated a lawsuit regarding title would be
filed, and that the land in issue is in Fort Bend County, it would appear that Shree Radha, LLC will
be filing a lawsuit in Fort Bend County, Texas.
WHEREFORE, PREMISES CONSIDERED, Defendant, SOMAIAH KURRE, prays that the
Court grant this motion and hold that these newly added claims related to the Donati letter will not
be tried in the upcoming trial, and for such other and further relief, both general and special, at law or
in equity, to which Defendant may show himself to be justly entitled.
Respectfully submitted,
KOCHMAN & CHARB' ET, PC
By:
JOHN D.CHARBONNET, JR.
TBA NO. 00785758
12012 Wickchester, Suite 150
Houston, Texas 77079
713-871-2490 — phone
713-871-2495 — fax
Email: jdcharbonnet@kdclaw.com
ATTORNEY FOR DEFENDANTCERTIFICATE OF SERVICE
Ido hereby certify that a true and correct copy of the above and foregoing Reply to Response
to Motion to Strike has been forwarded to the following on February 45,201 8:
Isaac Villarreal
Andrew Green
McCathern, PLLC =
JOHN D. CHARBONNET, JR.
Document Filed Date
February 05, 2018
Case Filing Date
July 26, 2016
Category
Debt/Contract - Debt/Contract
Status
Case On Appeal - Civil
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CAUSE NO. 2016-49450 HEMANT GAJARAWALA § IN THE DISTRICT COURT OF § vs. § HARRIS COUNTY, TEXAS § SOMAIAH KURRE § 80th JUDICIAL DISTRICT REPLY TO RESPONSE TO MOTION TO STRIKE OR, ALTERNATIVELY MOTION TO SEVER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant / Counter-Plaintiff, SOMAIAH KURRE (“Kurre”), and file this Reply to the Response filed by Plaintiff and Intervenor to the Motion to Strike, or Alternatively Motion to Sever and in support thereof would respectfully show unto the Court as follows: 1 Reply to Response i In the Response, Plaintiff and Intervenor make several erroneous assumptions that need to be corrected. First, it is asserted that “Stated simply Donati is and was acting as Defendant’s attorney in both cases.” This is incorrect. The facts are as follows: a. Donati has been retained by Shree Radha, LLC with regard to the Donati letter and the issues therein. b. Shree Radha, LLC is not a party to this lawsuit. c. Donati is not representing Kurre with regard to Shree Radha’s claims involving the land. Second, it is asserted that the Donati letter “was intended to harass and defame Mr. Gajawarala and DEVS) and to provide a fake basis for the new claims of fraud and statutory fraud to be made by Kurre ...” This assertion is incorrect. The facts are as follows: a. The Donati letter was not intended to harass and is not defamatory. Mr. Gajarawala’s deposition testimony and the records from Allegiance Bank support the factual assertions in the Donati letter.b. The letter is not a basis (much less fake basis) for the claims of fraud and statutory fraud. c. The claims of fraud and statutory fraud are based upon Mr. Gajarawala’s deposition testimony and the records from Allegiance Bank. d. The letter does not even mention DEVSJ. 2 Plaintiff and Intervenor are asserting a claim against Kurre for the letter that was not sent on his behalf. This letter was written and sent on behalf of Shree Radha, LLC. Shree Radha is not even a party to this lawsuit. Given that the letter indicated a lawsuit regarding title would be filed, and that the land in issue is in Fort Bend County, it would appear that Shree Radha, LLC will be filing a lawsuit in Fort Bend County, Texas. WHEREFORE, PREMISES CONSIDERED, Defendant, SOMAIAH KURRE, prays that the Court grant this motion and hold that these newly added claims related to the Donati letter will not be tried in the upcoming trial, and for such other and further relief, both general and special, at law or in equity, to which Defendant may show himself to be justly entitled. Respectfully submitted, KOCHMAN & CHARB' ET, PC By: JOHN D.CHARBONNET, JR. TBA NO. 00785758 12012 Wickchester, Suite 150 Houston, Texas 77079 713-871-2490 — phone 713-871-2495 — fax Email: jdcharbonnet@kdclaw.com ATTORNEY FOR DEFENDANTCERTIFICATE OF SERVICE Ido hereby certify that a true and correct copy of the above and foregoing Reply to Response to Motion to Strike has been forwarded to the following on February 45,201 8: Isaac Villarreal Andrew Green McCathern, PLLC = JOHN D. CHARBONNET, JR.