Motion-Secondary: Allen Truskowski vs. Susan Robertson

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                                CAUSE NO: 22

                Allen Truskowski                              IN THE JUSTICE COURT
                Plaintiff

                V.                                                  JUDICIAL DISTRICT

                Susan Robertson
                Defendant
                                                        §      OF MONTGOMERY COUNTY, TEXAS




           MOTION FOR DISQUALIFICATION OF DEFENDENTS COUNSEL

                                   CONFLICT OF INTEREST



TO THE HONORABLE KRISTINE BAYS:


        RESPONSE
             PURSUANT TO TEXAS RULE OF CIVIL PROCEDURE 91A

        COMES NOW, Plaintiff files response to the abovementioned Motion to Dismiss. Under

rule 91a. the Defendant failed to meet the first test required in the first




             I. RESPONSE TO SUMMARY OF DEFENDANTS ARGUMENT




        The efendants statement that the Plaintiff´s claims are baseless are mistaken. The

Attorney General and the Sectary of State are aggressively prosecuting election fraud cases
which includes any state entity including                 associations. As it states in the Texas

Property Code 209.00593 must be tabulated by a person that does not work for the Board.

       As per Chapter 209. §. Section 209. 00594 and under Texas Government Code Chapter

573, §. Section 573. 042.(1) an employee of the office to which the candidate seeks election,

  prohibited to tabulate, count, or even see the votes.

       a. An employee of the Defendant is prohibited to tabulate, count, or even see the votes: It

is known that the Defendant authorized IMC employees to tabulate the votes, IMC has the

contract to manage the Walden Town House Association, this is a direct violation of election

laws. IMC employee should never have been appointed as an election manager. THIS IS THE

LAW     This Does not meet the test for Motion to Dismiss under rule 91




person who is a candidate in an Association election or who is otherwise the subject of an

Association vote, or a person related to that person within the third degree of consanguinity or

affinity, as determined under Chapter 573 of the TEXAS GOVERNMENT CODE, may not

tabulate or otherwise be given access to the ballots cast in the election or vote. This is in the

declaratory instrument of the HOA.



       ELECTION INTERGARTY ACT:

a. Section 5 Section 84.001(b). SECTION 5.4 section 84.0111, an absentee ballot must be

requested by voter.
       Sec. 276.015 VOTE HARVESTING (a)(1)(2) section. 276.016 UNLAWFUL

SOLITATION AND DISTRIBUTION OF APPLICATION TO VOTE BY MAIL. (1)



       SEC. 267.017 UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS AND

BALLOTING MATERIAL.



       The premise that the suit is baseless and no within the rule of law is simply not true. The

defendant stated that Property Code Section 209 trumps state law. In fact, section 209

straightens


                                           ONCLUSION

       There are no factual bases     rule 91a to approve the Defendants Motion to Dismiss

From the beginning, IT DOES NOT MEET THE TEST. The efendant has asked ¨What does

the Plaintiff want for damages¨? As stated in PARAGRAF IV OF THE COMPLAINT, to declare

the election null and void and order a new election that is just, fair, and conducted by a third

part . The Plaintiff does not understand why the Defendant must cheat to win an election. The

Plaintiff has reached out many times to the Defendant to resolve this issue with no response. The

Defendant ignores Texas law when it does nor suit the Defendants purpose, because Ms. Roberts

believes no one will challenge her or the Board in court because of the cost. Plaintiff is asking

this Honorable court to declare a new election and award cost.
       WHEREFOR, PREMISES CONSIDERED, prays this court will not approve the

Defendants Motion to Dismiss in this matter for the grounds specified herein and in the interest

of fairness and justice, and such other and further relief that may be awarded at law or in equity.




                                      Respectfully submitted.


                                      Allen Truskowski
                                      3938 Knollcrest
                                      Montgomery, Texas 77356
                                      Phone: 281




                                CERTIFICATION OF SERVICE

        I certify that on August 17, 2022, a true and correct copy of Plaintiff´s Motion for
Disqualification of opposing council was served on Mark Brandon Rabe Attorney for Susan
Robertson electronically through the electronic
filing system.




                                                             Allen Truskowski