Preview
Filed: 4/28/2023 4:03 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 75143383
By: Rolande Kain
4/28/2023 4:35 PM
CAUSE NO. 22-CV-0332
DIVERSE EQUITY, LLC, § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § 56TH JUDICIAL DISTRICT
§
COMMONWEALTH LAND TITLE §
INSURANCE COMPANY, D/B/A §
COMMONWEALTH TITLE OF §
HOUSTON, INC.; MAHMOUD REZA §
ABAHASHEMI, §
§
Defendants. § GALVESTON COUNTY, TEXAS
DECLARATION OF BRANDON HAKARI
1. My name is Brandon Hakari. I am over the age of 21 years and I am
fully competent to make this declaration. I have personal knowledge of all the facts
stated herein, and all statements of fact contained herein are true and correct.
2. I am the attorney of record for Fidelity National Title Insurance
Company in this litigation. I have personal knowledge of the facts stated in this
Declaration from my participation in this litigation.
3. Attached hereto as Exhibit 1 is a true and correct copy of Defendant
Commonwealth Land Title Insurance Company’s Request for Production to Plaintiff
(“RFP”).
4. Attached hereto as Exhibit 2 is a true and correct copy of Defendant
Commonwealth Land Title Insurance Company’s Interrogatories to Plaintiff
(“ROGS”).
Declaration of Brandon Hakari Page 1 of 2
5. The RFP and ROGS were served on counsel for Plaintiff via electronic
service on February 2, 2023.
6. As of the date of execution of this declaration, I have not received any
response by Plaintiff to the RFP or ROGS.
My name is Brandon Hakari and my address is 6900 Dallas Parkway, Suite 610,
Plano, Texas 75024. I declare under penalty of perjury that the facts stated in this
document are true and correct.
DATED: April 28, 2023
/s/ Brandon Hakari
Brandon Hakari
Declaration of Brandon Hakari Page 2 of 2
CAUSE NO. 22-CV-0332
DIVERSE EQUITY, LLC, § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § 56TH JUDICIAL DISTRICT
§
COMMONWEALTH LAND TITLE §
INSURANCE COMPANY, D/B/A §
COMMONWEALTH TITLE OF §
HOUSTON, INC.; MAHMOUD REZA §
ABAHASHEMI, §
§
Defendants. § GALVESTON COUNTY, TEXAS
DEFENDANT COMMONWEALTH LAND TITLE INSURANCE COMPANY’S
REQUEST FOR PRODUCTION TO PLAINTIFF
TO: Plaintiff Diverse Equity, by and through its attorney of record, Ellyn J.
Clevenger, 1115 Moody Avenue, Galveston, Texas 77550
I. INSTRUCTIONS
Pursuant to Rules 193 and 196 of the Texas Rules of Civil Procedure,
Defendant Commonwealth Land Title Insurance Company requests that you produce
certain documents, tangible things, recordings and other data compilations from
which information can be obtained or translated, if necessary, into reasonable, usable
forms, which are in the possession, custody or control of you, your agents, servants or
attorneys. You must make a written response to each Request that states that the
materials will be produced as requested, and that you will comply with this Request,
except to the extent that you object, and state the specific reasons for your objections.
Your written responses are to be served and the requested items are to be produced
no later than thirty (30) standard calendar days from the date you receive these
Request for Production Page 1 of 16
Exhibit 1
Page 1 of 16
Requests and prior to any hearing and no less than thirty (30) standard calendar days
prior to trial. Certified copies will be sufficient with the originals expected to be
produced for inspection at any hearing and at trial. In responding to the following
Requests for Production, you should furnish all information and items within your
possession, custody or control, including information in the possession, custody or
control of your employees, agents, attorney, or investigators, and all persons acting
in your behalf and not merely such information within your personal knowledge.
II. DEFINITIONS
1. “Lawsuit” or “Litigation” refers to all of the claims, cross-claims, counterclaims,
and defenses, whether now asserted or asserted hereafter by amendment,
supplement, or otherwise, in Diverse Equity, LLC v. Commonwealth Land Title
Insurance Company, et al, Cause No. 22-CV-0332, pending in the 56th District
Court of Galveston County, Texas.
2. “Petition” refers to Plaintiff’s, Diverse Equity, LLC’s, Original Petition filed in
the Lawsuit on March 1, 2022, and any amended or supplemental petitions or
complaints which Plaintiff has filed or may file in the Lawsuit.
3. “Property” refers to the real property at issue located at 5511 Avenue Q 1/2,
Galveston, Texas 77551.
4. “CLTIC” or “Defendant” refers to Commonwealth Land Title Insurance
Company, and for purposes of these requests includes any person or entity,
affiliated or not, acting or purporting to act for or on behalf of CLTIC,
including, but not limited to, CLTIC’s agents, representatives, attorneys,
Request for Production Page 2 of 16
Exhibit 1
Page 2 of 16
consultants, experts, investigators, employees (including direct, borrower,
special, or statutory employees), servants or assigns, or any other person or
entity, affiliated or not, acting or purporting to act on their behalf, in the past
and present.
5. “Diverse Equity” or “Plaintiff” or refers to Diverse Equity, LLC, and for
purposes of these requests includes any person or entity, affiliated or not,
acting or purporting to act for or on behalf of Diverse Equity, including, but not
limited to, Diverse Equity’s agents, representatives, attorneys, consultants,
experts, investigators, employees (including direct, borrower, special, or
statutory employees), servants or assigns, or any other person or entity,
affiliated or not, acting or purporting to act on their behalf, in the past and
present.
6. “You” or “Your” refers to Plaintiff as defined herein. “You” and “Your” when
used in reference to things and “documents” shall include things and
documents in your possession or under your control, and things and documents
whose present and past existence you are aware of, as well as things and
documents prepared by you unless otherwise stated.
7. The words “Document”, “Documents”, or “Documentation” are used in their
broadest sense to include any medium upon or with which information is
recorded or preserved, including those that belong to, or are in or subject to the
possession, custody, or control of, Plaintiff or its agents, by whomever
generated or received, including without limitation: papers, books, accounts,
Request for Production Page 3 of 16
Exhibit 1
Page 3 of 16
drawings, graphs, charts, photographs, electronic or video recordings, data,
data compilations, electronic mail records, or text, SMS, or MMS messages.
8. “Evidence” or “Evidencing” means tending to show, in any probative manner,
the existence or nonexistence of any matter.
III. REQUESTS FOR PRODUCTION
REQUEST NO. 1: Produce the purchase and sale agreement between Mahmoud
Abahashemi and Diverse Equity.
RESPONSE:
REQUEST NO. 2: Produce the $100.00 check for escrow referenced on page 3 of the
Petition.
RESPONSE:
REQUEST NO. 3: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that the escrow check referenced in Request
No. 2 was deposited with CLTIC.
RESPONSE:
REQUEST NO. 4: Produce the “Agreement to Assign Contract for Sale and
Purchase” between Diverse Equity, David Smith, and Tanner Plato.
RESPONSE:
Request for Production Page 4 of 16
Exhibit 1
Page 4 of 16
REQUEST NO. 5: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC published disparaging words
about Your economic interests.
RESPONSE:
REQUEST NO. 6: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting the disparaging words You allege were
published by CLTIC.
RESPONSE:
REQUEST NO. 7: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that the disparaging words You allege were
published by CLTIC were false.
RESPONSE:
REQUEST NO. 8: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting CLTIC’s motive and intentions in publishing
the allegedly disparaging words.
RESPONSE:
REQUEST NO. 9: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC acted with malice (i.e. (1) CLTIC
Request for Production Page 5 of 16
Exhibit 1
Page 5 of 16
knew the statement in question was false; (2) CLTIC acted with reckless disregard
for whether the statement is true; (3) CLTIC acted with ill will; or (4) CLTIC intended
to interfere with Your economic interest) in publishing the allegedly disparaging
words.
RESPONSE:
REQUEST NO. 10: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC acted without privilege in
publishing the allegedly disparaging words.
RESPONSE:
REQUEST NO. 11: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that You suffered a direct pecuniary loss
attributable to CLTIC’s allegedly false communication.
RESPONSE:
REQUEST NO. 12: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC caused confusion or
misunderstanding about the source, sponsorship, approval, or certification of goods
or services.
RESPONSE:
Request for Production Page 6 of 16
Exhibit 1
Page 6 of 16
REQUEST NO. 13: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting CLTIC caused confusion or
misunderstanding about affiliation, connection, or association with, or certification
by, another.
RESPONSE:
REQUEST NO. 14: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC represented that goods or
services had sponsorship, approval, characteristics, ingredients, uses, benefits, or
quantities they do not have, or that a person has a sponsorship, approval, status,
affiliation, or connection they do not have.
RESPONSE:
REQUEST NO. 15: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC disparaged the goods, services,
or business of another by false or misleading representations of facts.
RESPONSE:
REQUEST NO. 16: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC represented that an agreement
conferred or involves rights, remedies, or obligations that it did not, or was prohibited
by law.
Request for Production Page 7 of 16
Exhibit 1
Page 7 of 16
RESPONSE:
REQUEST NO. 17: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC engaged in false, misleading, or
deceptive acts.
RESPONSE:
REQUEST NO. 18: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC breached an express or implied
warranty.
RESPONSE:
REQUEST NO. 19: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC acted unconscionably.
RESPONSE:
REQUEST NO. 20: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC’s acts were a producing cause of
Your damages.
RESPONSE:
Request for Production Page 8 of 16
Exhibit 1
Page 8 of 16
REQUEST NO. 21: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that You were a consumer in the transaction
at issue in this Lawsuit.
RESPONSE:
REQUEST NO. 22: Produce the contract You allege CLTIC breached.
RESPONSE:
REQUEST NO. 23: Produce the contract You allege CLTIC interfered with.
RESPONSE:
REQUEST NO. 24: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC interfered with Your contract.
RESPONSE:
REQUEST NO. 25: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC willfully and intentionally
interfered with Your contract.
RESPONSE:
Request for Production Page 9 of 16
Exhibit 1
Page 9 of 16
REQUEST NO. 26: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that CLTIC interference with Your contract
proximately caused Your injury.
RESPONSE:
REQUEST NO. 27: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting any material representations made by
CLTIC which were false.
RESPONSE:
REQUEST NO. 28: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting knowledge by CLTIC of any representations
made by CLTIC which were false.
RESPONSE:
REQUEST NO. 29: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting CLTIC recklessly making any
representations which were false without any knowledge of the truth of those
representations.
RESPONSE:
Request for Production Page 10 of 16
Exhibit 1
Page 10 of 16
REQUEST NO. 30: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting any representations made by CLTIC with
the intent that You should act on the representation.
RESPONSE:
REQUEST NO. 31: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that You acted in reliance on any
representation made by CLTIC.
RESPONSE:
REQUEST NO. 32: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting that You suffered injury by acted in reliance
on any representation made by CLTIC.
RESPONSE:
REQUEST NO. 33: Produce all communications between You, David Smith,
and/or Tanner Plato regarding the transaction at issue in this Lawsuit.
RESPONSE:
REQUEST NO. 34: Produce all communications between You and Mahmoud
Abahashemi regarding the transaction at issue in this Lawsuit.
RESPONSE:
Request for Production Page 11 of 16
Exhibit 1
Page 11 of 16
REQUEST NO. 35: Produce all communications between You and Straightline
Funding, LLC (and any employee or agent of Straightline Funding, LLC) regarding
the transaction at issue in this Lawsuit.
RESPONSE:
REQUEST NO. 36: Produce all communications between You and CLTIC
regarding the transaction at issue in this Lawsuit.
RESPONSE:
REQUEST NO. 37: Produce all communications between You and Valerie
Mercure regarding the transaction at issue in this Lawsuit.
RESPONSE:
REQUEST NO. 38: Produce all communications between You and Dallas
Russell, Sr. regarding the transaction at issue in this Lawsuit.
RESPONSE:
REQUEST NO. 39: Produce all communications between You and any other
person regarding the transaction at issue in this Lawsuit.
RESPONSE:
Request for Production Page 12 of 16
Exhibit 1
Page 12 of 16
REQUEST NO. 40: Produce all communications and documents in Your
possession regarding the transaction at issue in this Lawsuit.
RESPONSE:
REQUEST NO. 41: Produce any extensions of the purchase and sale
agreement between Mahmoud Abahashemi and You.
RESPONSE:
REQUEST NO. 42: Produce all communications between You and any party
involving any extensions of the purchase and sale agreement between Mahmoud
Abahashemi and You.
RESPONSE:
REQUEST NO. 43: Produce any agreements You entered into with any party
regarding the property at issue in this Lawsuit.
RESPONSE:
REQUEST NO. 44: Produce all bills received from Your attorney for work
performed in this Lawsuit.
RESPONSE:
Request for Production Page 13 of 16
Exhibit 1
Page 13 of 16
REQUEST NO. 45: Produce all records of costs or expenses actually incurred
by You in connection with this Lawsuit.
RESPONSE:
REQUEST NO. 46: Produce Your fee agreement with Your attorney.
RESPONSE:
REQUEST NO. 47: Produce all documents referenced in your responses to
CLTIC’s Interrogatories to Plaintiff.
RESPONSE:
REQUEST NO. 48: Produce all documents you reviewed in preparing your
responses to CLTIC’s Interrogatories to Plaintiff.
RESPONSE:
REQUEST NO. 49: Produce all documents and communications concerning,
demonstrating, evidencing, or reflecting Your damages being sought in connection
with this Lawsuit.
RESPONSE:
Request for Production Page 14 of 16
Exhibit 1
Page 14 of 16
Dated: February 1, 2023.
Respectfully submitted,
/s/ Brandon Hakari
Brandon Hakari
State Bar No. 24107552
Gregory T. Brewer
State Bar No. 00792370
FIDELITY NATIONAL LAW GROUP
6900 Dallas Parkway, Ste 610
Plano, Texas 75024
Telephone No: (972) 812-6547
Telecopy No: (972) 812-9408
brandon.hakari@fnf.com
ATTORNEYS FOR DEFENDANT
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Request for Production Page 15 of 16
Exhibit 1
Page 15 of 16
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on
the following parties in interest via the indicated methods of service on February 2,
2023.
Ellyn J. Clevenger Thomas W. McQuage
1115 Moody Avenue PO Box 16894
Galveston, Texas 77550 Galveston, Texas 77552
COUNSEL FOR PLAINTIFFS COUNSEL FOR DEFENDANT MAHMOUD
ABHASHEMI
via electronic filing
via electronic filing
Chris Pappas
KANE RUSSELL COLEMAN LOGAN PC
5151 San Felipe Suite 800
Houston, Texas 77056
COUNSEL FOR DEFENDANTS DALLAS
RUSSEL, SR. AND VALERIE MERCURE
via electronic filing
/s/ Brandon Hakari
Brandon Hakari
Request for Production Page 16 of 16
Exhibit 1
Page 16 of 16
CAUSE NO. 22-CV-0332
DIVERSE EQUITY, LLC, § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § 56TH JUDICIAL DISTRICT
§
COMMONWEALTH LAND TITLE §
INSURANCE COMPANY, D/B/A §
COMMONWEALTH TITLE OF §
HOUSTON, INC.; MAHMOUD REZA §
ABAHASHEMI, §
§
Defendants. § GALVESTON COUNTY, TEXAS
DEFENDANT COMMONWEALTH LAND TITLE INSURANCE COMPANY’S
INTERROGATORIES TO PLAINTIFF
TO: Plaintiff Diverse Equity, by and through its attorney of record, Ellyn J.
Clevenger, 1115 Moody Avenue, Galveston, Texas 77550.
I. INSTRUCTIONS
Pursuant to Rules 193 and 197 of the Texas Rules of Civil Procedure,
Defendant Commonwealth Land Title Insurance Company serves these
interrogatories on Plaintiff Diverse Equity, LLC. Plaintiff Diverse Equity, LLC must
answer each interrogatory separately, fully, in writing, and under oath, within 30
days after service.
For any requested information about a document that no longer exists or
cannot be located, identify the document, state how and when it passed out of
existence or when it could no longer be located, and give the reasons for the
disappearance. Also, identify each person having knowledge about the disposition or
Interrogatories Page 1 of 9
Exhibit 2
Page 1 of 9
loss, and identify each document evidencing the existence or nonexistence of each
document that cannot be located.
II. DEFINITIONS
1. “Lawsuit” or “Litigation” refers to all of the claims, cross-claims, counterclaims,
and defenses, whether now asserted or asserted hereafter by amendment,
supplement, or otherwise, in Diverse Equity, LLC v. Commonwealth Land Title
Insurance Company, et al, Cause No. 22-CV-0332, pending in the 56th District
Court of Galveston County, Texas.
2. “Petition” refers to Plaintiff’s, Diverse Equity, LLC’s, Original Petition filed in
the Lawsuit on March 1, 2022, and any amended or supplemental petitions or
complaints which Plaintiff has filed or may file in the Lawsuit.
3. “Property” refers to the real property at issue located at 5511 Avenue Q 1/2,
Galveston, Texas 77551.
4. “CLTIC” or “Defendant” refers to Commonwealth Land Title Insurance
Company, and for purposes of these requests includes any person or entity,
affiliated or not, acting or purporting to act for or on behalf of CLTIC,
including, but not limited to, CLTIC’s agents, representatives, attorneys,
consultants, experts, investigators, employees (including direct, borrower,
special, or statutory employees), servants or assigns, or any other person or
entity, affiliated or not, acting or purporting to act on their behalf, in the past
and present.
Interrogatories Page 2 of 9
Exhibit 2
Page 2 of 9
5. “Diverse Equity” or “Plaintiff” or refers to Diverse Equity, LLC, and for
purposes of these requests includes any person or entity, affiliated or not,
acting or purporting to act for or on behalf of Diverse Equity, including, but not
limited to, Diverse Equity’s agents, representatives, attorneys, consultants,
experts, investigators, employees (including direct, borrower, special, or
statutory employees), servants or assigns, or any other person or entity,
affiliated or not, acting or purporting to act on their behalf, in the past and
present.
6. “You” or “Your” refers to Plaintiff as defined herein. “You” and “Your” when
used in reference to things and “documents” shall include things and
documents in your possession or under your control, and things and documents
whose present and past existence you are aware of, as well as things and
documents prepared by you unless otherwise stated.
7. The words “Document”, “Documents”, or “Documentation” are used in their
broadest sense to include any medium upon or with which information is
recorded or preserved, including those that belong to, or are in or subject to the
possession, custody, or control of, Plaintiff or its agents, by whomever
generated or received, including without limitation: papers, books, accounts,
drawings, graphs, charts, photographs, electronic or video recordings, data,
data compilations, electronic mail records, or text, SMS, or MMS messages.
8. “Evidence” or “Evidencing” means tending to show, in any probative manner,
the existence or nonexistence of any matter.
Interrogatories Page 3 of 9
Exhibit 2
Page 3 of 9
9. “Identify” or “describe”, when referring to a person, means you must state the
following:
a. The full name;
b. The present or last known residential address and residential telephone
number;
c. The present or last known office address and office telephone number;
d. The occupation, job title, employer, and employer’s address at the time
of the event or period referred to in each particular interrogatory; and,
e. In the case of any entity, the identity of the officer, employee, or agent
most closely connected with the subject matter of the interrogatory and
the office who is responsible for supervising that officer or employee.
10. “Identify” or “describe”, when referring to a document, means you must state
the following:
a. The nature of the document (e.g., letter, handwritten note);
b. The title or heading that appears on the document;
c. The date of the document and the date of each addendum, supplement,
or other addition or change;
d. The identities of the author, signer of the document, and person on
whose behalf or at whose request or direction the document was
prepared or delivered; and,
Interrogatories Page 4 of 9
Exhibit 2
Page 4 of 9
e. The present location of the document and the name, address, position or
title, and telephone number of the person or persons having custody of
the document.
III. INTERROGATORIES
INTERROGATORY NO. 1: Identify each person answering these
interrogatories, supplying information, or assisting in any way with the preparation
of the answers to these interrogatories.
RESPONSE:
INTERROGATORY NO. 2: Identify every person who is expected to be called to
testify at trial, including your experts.
RESPONSE:
INTERROGATORY NO. 3: Identify every document containing any relevant
facts to this litigation, and state the particular facts each such document contains.
RESPONSE:
INTERROGATORY NO. 4: Please state whether any document which contains
relevant facts to this litigation has been destroyed or eliminated. If documents have
been destroyed or eliminated, give a description of each document or identify each
document, and state the particular facts each such document contained.
RESPONSE:
Interrogatories Page 5 of 9
Exhibit 2
Page 5 of 9
INTERROGATORY NO. 5: Please identify and describe with specificity all facts
You contend support Your fraud cause of action, including facts showing: (1) the
material representation made by CLTIC; (2) how said representation was false; (3)
how CLTIC knew said representation was false when it was made or how CLTIC
made said representation recklessly without any knowledge of the truth and as a
positive assertion; (4) how CLTIC made said representation with the intent that You
should act on it; (5) how You acted in reliance on said representation; and (6) how
You suffered injury while acting in reliance on said representation.
RESPONSE:
INTERROGATORY NO. 6: Please identify and describe with specificity all facts
You contend support Your tortious interference with an existing contract cause of
action, including facts showing: (1) You had a valid contract; (2) which contract
CLTIC interfered with; (3) that CLTIC willfully and intentionally interfered with the
contract; and (4) that CLTIC’s interference proximately caused Your injury.
RESPONSE:
INTERROGATORY NO. 7: Please identify and describe with specificity all facts
You contend support Your DTPA cause of action, including facts showing: (1) how
You qualify as a consumer; (2) CLTIC caused confusion or misunderstanding about
the source, sponsorship, approval, or certification of goods or services; (3) CLTIC
caused confusion or misunderstanding about affiliation, connection, or association
Interrogatories Page 6 of 9
Exhibit 2
Page 6 of 9
with, or certification by, another; (4) CLTIC represented that goods or services had
sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities they
do not have, or that a person has a sponsorship, approval, status, affiliation, or
connection they do not have; (5) CLTIC disparaged the goods, services, or business of
another by false or misleading representations of facts; (6) CLTIC represented that
an agreement conferred or involves rights, remedies, or obligations that it did not, or
was prohibited by; (7) CLTIC engaged in false, misleading, or deceptive acts; (8)
CLTIC breached an express or implied warranty; (9) CLTIC acted unconscionably;
and (10) CLTIC’s acts were a producing cause of Your damages.
RESPONSE:
INTERROGATORY NO. 8: Please identify and describe with specificity all facts
You contend support Your business defamation cause of action, including facts
showing: (1) CLTIC published disparaging words about You; (2) those disparaging
words were false; (3) that CLTIC acted with malice in publishing those words; and
(4) that You suffered a direct pecuniary loss attributable to CLTIC’s disparaging
words.
RESPONSE:
Interrogatories Page 7 of 9
Exhibit 2
Page 7 of 9
Dated: February 1, 2023.
Respectfully submitted,
/s/ Brandon Hakari
Brandon Hakari
State Bar No. 24107552
Gregory T. Brewer
State Bar No. 00792370
FIDELITY NATIONAL LAW GROUP
6900 Dallas Parkway, Ste 610
Plano, Texas 75024
Telephone No: (972) 812-6547
Telecopy No: (972) 812-9408
brandon.hakari@fnf.com
ATTORNEYS FOR DEFENDANT
COMMONWEALTH LAND TITLE
INSURANCE COMPANY
Interrogatories Page 8 of 9
Exhibit 2
Page 8 of 9
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on
the following parties in interest via the indicated methods of service on February 2,
2023.
Ellyn J. Clevenger Thomas W. McQuage
1115 Moody Avenue PO Box 16894
Galveston, Texas 77550 Galveston, Texas 77552
COUNSEL FOR PLAINTIFFS COUNSEL FOR DEFENDANT MAHMOUD
ABHASHEMI
via electronic filing
via electronic filing
Chris Pappas
KANE RUSSELL COLEMAN LOGAN PC
5151 San Felipe Suite 800
Houston, Texas 77056
COUNSEL FOR DEFENDANTS DALLAS
RUSSEL, SR. AND VALERIE MERCURE
via electronic filing
/s/ Brandon Hakari
Brandon Hakari
Interrogatories Page 9 of 9
Exhibit 2
Page 9 of 9
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Rachel Perez on behalf of Robert Hakari
Bar No. 24107552
Rachel.M.Perez@fnf.com
Envelope ID: 73568078
Filing Code Description: Motion to Compel
Filing Description: DEFT COMMONWEALTH LAND TITLE INSURANCE
COMPANYS MtN TO COMPEL DISCOVERY RESPONSES
Status as of 3/13/2023 7:56 AM CST
Associated Case Party: Commonwealth Land Title Insurance Company
Name BarNumber Email TimestampSubmitted Status
Rachel M.Perez rachel.m.perez@fnf.com 3/10/2023 4:27:30 PM SENT
Brandon Hakari brandon.hakari@fnf.com 3/10/2023 4:27:30 PM SENT
Associated Case Party: MahmoudRezaAbhashemi
Name BarNumber Email TimestampSubmitted Status
Thomas McQuage mcquage@swbell.net 3/10/2023 4:27:30 PM SENT
Associated Case Party: Dallas Russe
Name BarNumber Email TimestampSubmitted Status
Chris C. Pappas cpappas@krcl.com 3/10/2023 4:27:30 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Krystal Clayton kclayton@krcl.com 3/10/2023 4:27:30 PM SENT
ELLYN CLEVENGER CLEVENGERLAWOFFICE@GMAIL.COM 3/10/2023 4:27:30 PM SENT
Debra Bell dbell@krcl.com 3/10/2023 4:27:30 PM SENT
Roland Hamilton rhamilton@krcl.com 3/10/2023 4:27:30 PM SENT
Searcy Houston SHouston@krcl.com 3/10/2023 4:27:30 PM SENT
Jared Vann JVann@krcl.com 3/10/2023 4:27:30 PM SENT
Giesla Delgado GDelgado@krcl.com 3/10/2023 4:27:30 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Rachel Perez on behalf of Robert Hakari
Bar No. 24107552
Rachel.M.Perez@fnf.com
Envelope ID: 73568078
Filing Code Description: Motion to Compel
Filing Description: DEFT COMMONWEALTH LAND TITLE INSURANCE
COMPANYS MtN TO COMPEL DISCOVERY RESPONSES
Status as of 3/13/2023 7:56 AM CST
Case Contacts
Chris C. Pappas cpappas@krcl.com 3/10/2023 4:27:30 PM SENT
Associated Case Party: Diverse Equity, LLC
Name BarNumber Email TimestampSubmitted Status
Ellyn Clevenger 24058662 ellynclevenger@gmail.com 3/10/2023 4:27:30 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Rachel Perez on behalf of Robert Hakari
Bar No. 24107552
Rachel.M.Perez@fnf.com
Envelope ID: 75143383
Filing Code Description: Motion
Filing Description: DEFENDANT COMMONWEALTH LAND TITLE
INSURANCE COMPANYS MOTION FOR DISCOVERY SANCTIONS
Status as of 4/28/2023 4:36 PM CST
Associated Case Party: Commonwealth Land Title Insurance Company
Name BarNumber Email TimestampSubmitted Status
Rachel M.Perez rachel.m.perez@fnf.com 4/28/2023 4:03:36 PM SENT
Brandon Hakari brandon.hakari@fnf.com 4/28/2023 4:03:36 PM SENT
Associated Case Party: MahmoudRezaAbhashemi
Name BarNumber Email TimestampSubmitted Status
Thomas McQuage mcquage@swbell.net 4/28/2023 4:03:36 PM SENT
Associated Case Party: Dallas Russe
Name BarNumber Email TimestampSubmitted Status
Chris C. Pappas cpappas@krcl.com 4/28/2023 4:03:36 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Krystal Clayton kclayton@krcl.com 4/28/2023 4:03:36 PM SENT
ELLYN CLEVENGER CLEVENGERLAWOFFICE@GMAIL.COM 4/28/2023 4:03:36 PM SENT
Debra Bell dbell@krcl.com 4/28/2023 4:03:36 PM SENT
Roland Hamilton rhamilton@krcl.com 4/28/2023 4:03:36 PM SENT
Searcy Houston SHouston@krcl.com 4/28/2023 4:03:36 PM SENT
Jared Vann JVann@krcl.com 4/28/2023 4:03:36 PM SENT
Giesla Delgado GDelgado@krcl.com 4/28/2023 4:03:36 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Rachel Perez on behalf of Robert Hakari
Bar No. 24107552
Rachel.M.Perez@fnf.com
Envelope ID: 75143383
Filing Code Description: Motion
Filing Description: DEFENDANT COMMONWEALTH LAND TITLE
INSURANCE COMPANYS MOTION FOR DISCOVERY SANCTIONS
Status as of 4/28/2023 4:36 PM CST
Case Contacts
Chris C. Pappas cpappas@krcl.com 4/28/2023 4:03:36 PM SENT
Associated Case Party: Diverse Equity, LLC
Name BarNumber Email TimestampSubmitted Status
Ellyn Clevenger 24058662 ellynclevenger@gmail.com 4/28/2023 4:03:36 PM SENT
Preview
Filed: 4/28/2023 4:03 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 75143383 By: Rolande Kain 4/28/2023 4:35 PM CAUSE NO. 22-CV-0332 DIVERSE EQUITY, LLC, § IN THE DISTRICT COURT § Plaintiff, § § v. § 56TH JUDICIAL DISTRICT § COMMONWEALTH LAND TITLE § INSURANCE COMPANY, D/B/A § COMMONWEALTH TITLE OF § HOUSTON, INC.; MAHMOUD REZA § ABAHASHEMI, § § Defendants. § GALVESTON COUNTY, TEXAS DECLARATION OF BRANDON HAKARI 1. My name is Brandon Hakari. I am over the age of 21 years and I am fully competent to make this declaration. I have personal knowledge of all the facts stated herein, and all statements of fact contained herein are true and correct. 2. I am the attorney of record for Fidelity National Title Insurance Company in this litigation. I have personal knowledge of the facts stated in this Declaration from my participation in this litigation. 3. Attached hereto as Exhibit 1 is a true and correct copy of Defendant Commonwealth Land Title Insurance Company’s Request for Production to Plaintiff (“RFP”). 4. Attached hereto as Exhibit 2 is a true and correct copy of Defendant Commonwealth Land Title Insurance Company’s Interrogatories to Plaintiff (“ROGS”). Declaration of Brandon Hakari Page 1 of 2 5. The RFP and ROGS were served on counsel for Plaintiff via electronic service on February 2, 2023. 6. As of the date of execution of this declaration, I have not received any response by Plaintiff to the RFP or ROGS. My name is Brandon Hakari and my address is 6900 Dallas Parkway, Suite 610, Plano, Texas 75024. I declare under penalty of perjury that the facts stated in this document are true and correct. DATED: April 28, 2023 /s/ Brandon Hakari Brandon Hakari Declaration of Brandon Hakari Page 2 of 2 CAUSE NO. 22-CV-0332 DIVERSE EQUITY, LLC, § IN THE DISTRICT COURT § Plaintiff, § § v. § 56TH JUDICIAL DISTRICT § COMMONWEALTH LAND TITLE § INSURANCE COMPANY, D/B/A § COMMONWEALTH TITLE OF § HOUSTON, INC.; MAHMOUD REZA § ABAHASHEMI, § § Defendants. § GALVESTON COUNTY, TEXAS DEFENDANT COMMONWEALTH LAND TITLE INSURANCE COMPANY’S REQUEST FOR PRODUCTION TO PLAINTIFF TO: Plaintiff Diverse Equity, by and through its attorney of record, Ellyn J. Clevenger, 1115 Moody Avenue, Galveston, Texas 77550 I. INSTRUCTIONS Pursuant to Rules 193 and 196 of the Texas Rules of Civil Procedure, Defendant Commonwealth Land Title Insurance Company requests that you produce certain documents, tangible things, recordings and other data compilations from which information can be obtained or translated, if necessary, into reasonable, usable forms, which are in the possession, custody or control of you, your agents, servants or attorneys. You must make a written response to each Request that states that the materials will be produced as requested, and that you will comply with this Request, except to the extent that you object, and state the specific reasons for your objections. Your written responses are to be served and the requested items are to be produced no later than thirty (30) standard calendar days from the date you receive these Request for Production Page 1 of 16 Exhibit 1 Page 1 of 16 Requests and prior to any hearing and no less than thirty (30) standard calendar days prior to trial. Certified copies will be sufficient with the originals expected to be produced for inspection at any hearing and at trial. In responding to the following Requests for Production, you should furnish all information and items within your possession, custody or control, including information in the possession, custody or control of your employees, agents, attorney, or investigators, and all persons acting in your behalf and not merely such information within your personal knowledge. II. DEFINITIONS 1. “Lawsuit” or “Litigation” refers to all of the claims, cross-claims, counterclaims, and defenses, whether now asserted or asserted hereafter by amendment, supplement, or otherwise, in Diverse Equity, LLC v. Commonwealth Land Title Insurance Company, et al, Cause No. 22-CV-0332, pending in the 56th District Court of Galveston County, Texas. 2. “Petition” refers to Plaintiff’s, Diverse Equity, LLC’s, Original Petition filed in the Lawsuit on March 1, 2022, and any amended or supplemental petitions or complaints which Plaintiff has filed or may file in the Lawsuit. 3. “Property” refers to the real property at issue located at 5511 Avenue Q 1/2, Galveston, Texas 77551. 4. “CLTIC” or “Defendant” refers to Commonwealth Land Title Insurance Company, and for purposes of these requests includes any person or entity, affiliated or not, acting or purporting to act for or on behalf of CLTIC, including, but not limited to, CLTIC’s agents, representatives, attorneys, Request for Production Page 2 of 16 Exhibit 1 Page 2 of 16 consultants, experts, investigators, employees (including direct, borrower, special, or statutory employees), servants or assigns, or any other person or entity, affiliated or not, acting or purporting to act on their behalf, in the past and present. 5. “Diverse Equity” or “Plaintiff” or refers to Diverse Equity, LLC, and for purposes of these requests includes any person or entity, affiliated or not, acting or purporting to act for or on behalf of Diverse Equity, including, but not limited to, Diverse Equity’s agents, representatives, attorneys, consultants, experts, investigators, employees (including direct, borrower, special, or statutory employees), servants or assigns, or any other person or entity, affiliated or not, acting or purporting to act on their behalf, in the past and present. 6. “You” or “Your” refers to Plaintiff as defined herein. “You” and “Your” when used in reference to things and “documents” shall include things and documents in your possession or under your control, and things and documents whose present and past existence you are aware of, as well as things and documents prepared by you unless otherwise stated. 7. The words “Document”, “Documents”, or “Documentation” are used in their broadest sense to include any medium upon or with which information is recorded or preserved, including those that belong to, or are in or subject to the possession, custody, or control of, Plaintiff or its agents, by whomever generated or received, including without limitation: papers, books, accounts, Request for Production Page 3 of 16 Exhibit 1 Page 3 of 16 drawings, graphs, charts, photographs, electronic or video recordings, data, data compilations, electronic mail records, or text, SMS, or MMS messages. 8. “Evidence” or “Evidencing” means tending to show, in any probative manner, the existence or nonexistence of any matter. III. REQUESTS FOR PRODUCTION REQUEST NO. 1: Produce the purchase and sale agreement between Mahmoud Abahashemi and Diverse Equity. RESPONSE: REQUEST NO. 2: Produce the $100.00 check for escrow referenced on page 3 of the Petition. RESPONSE: REQUEST NO. 3: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that the escrow check referenced in Request No. 2 was deposited with CLTIC. RESPONSE: REQUEST NO. 4: Produce the “Agreement to Assign Contract for Sale and Purchase” between Diverse Equity, David Smith, and Tanner Plato. RESPONSE: Request for Production Page 4 of 16 Exhibit 1 Page 4 of 16 REQUEST NO. 5: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC published disparaging words about Your economic interests. RESPONSE: REQUEST NO. 6: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting the disparaging words You allege were published by CLTIC. RESPONSE: REQUEST NO. 7: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that the disparaging words You allege were published by CLTIC were false. RESPONSE: REQUEST NO. 8: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting CLTIC’s motive and intentions in publishing the allegedly disparaging words. RESPONSE: REQUEST NO. 9: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC acted with malice (i.e. (1) CLTIC Request for Production Page 5 of 16 Exhibit 1 Page 5 of 16 knew the statement in question was false; (2) CLTIC acted with reckless disregard for whether the statement is true; (3) CLTIC acted with ill will; or (4) CLTIC intended to interfere with Your economic interest) in publishing the allegedly disparaging words. RESPONSE: REQUEST NO. 10: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC acted without privilege in publishing the allegedly disparaging words. RESPONSE: REQUEST NO. 11: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that You suffered a direct pecuniary loss attributable to CLTIC’s allegedly false communication. RESPONSE: REQUEST NO. 12: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC caused confusion or misunderstanding about the source, sponsorship, approval, or certification of goods or services. RESPONSE: Request for Production Page 6 of 16 Exhibit 1 Page 6 of 16 REQUEST NO. 13: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting CLTIC caused confusion or misunderstanding about affiliation, connection, or association with, or certification by, another. RESPONSE: REQUEST NO. 14: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC represented that goods or services had sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities they do not have, or that a person has a sponsorship, approval, status, affiliation, or connection they do not have. RESPONSE: REQUEST NO. 15: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC disparaged the goods, services, or business of another by false or misleading representations of facts. RESPONSE: REQUEST NO. 16: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC represented that an agreement conferred or involves rights, remedies, or obligations that it did not, or was prohibited by law. Request for Production Page 7 of 16 Exhibit 1 Page 7 of 16 RESPONSE: REQUEST NO. 17: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC engaged in false, misleading, or deceptive acts. RESPONSE: REQUEST NO. 18: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC breached an express or implied warranty. RESPONSE: REQUEST NO. 19: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC acted unconscionably. RESPONSE: REQUEST NO. 20: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC’s acts were a producing cause of Your damages. RESPONSE: Request for Production Page 8 of 16 Exhibit 1 Page 8 of 16 REQUEST NO. 21: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that You were a consumer in the transaction at issue in this Lawsuit. RESPONSE: REQUEST NO. 22: Produce the contract You allege CLTIC breached. RESPONSE: REQUEST NO. 23: Produce the contract You allege CLTIC interfered with. RESPONSE: REQUEST NO. 24: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC interfered with Your contract. RESPONSE: REQUEST NO. 25: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC willfully and intentionally interfered with Your contract. RESPONSE: Request for Production Page 9 of 16 Exhibit 1 Page 9 of 16 REQUEST NO. 26: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that CLTIC interference with Your contract proximately caused Your injury. RESPONSE: REQUEST NO. 27: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting any material representations made by CLTIC which were false. RESPONSE: REQUEST NO. 28: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting knowledge by CLTIC of any representations made by CLTIC which were false. RESPONSE: REQUEST NO. 29: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting CLTIC recklessly making any representations which were false without any knowledge of the truth of those representations. RESPONSE: Request for Production Page 10 of 16 Exhibit 1 Page 10 of 16 REQUEST NO. 30: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting any representations made by CLTIC with the intent that You should act on the representation. RESPONSE: REQUEST NO. 31: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that You acted in reliance on any representation made by CLTIC. RESPONSE: REQUEST NO. 32: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting that You suffered injury by acted in reliance on any representation made by CLTIC. RESPONSE: REQUEST NO. 33: Produce all communications between You, David Smith, and/or Tanner Plato regarding the transaction at issue in this Lawsuit. RESPONSE: REQUEST NO. 34: Produce all communications between You and Mahmoud Abahashemi regarding the transaction at issue in this Lawsuit. RESPONSE: Request for Production Page 11 of 16 Exhibit 1 Page 11 of 16 REQUEST NO. 35: Produce all communications between You and Straightline Funding, LLC (and any employee or agent of Straightline Funding, LLC) regarding the transaction at issue in this Lawsuit. RESPONSE: REQUEST NO. 36: Produce all communications between You and CLTIC regarding the transaction at issue in this Lawsuit. RESPONSE: REQUEST NO. 37: Produce all communications between You and Valerie Mercure regarding the transaction at issue in this Lawsuit. RESPONSE: REQUEST NO. 38: Produce all communications between You and Dallas Russell, Sr. regarding the transaction at issue in this Lawsuit. RESPONSE: REQUEST NO. 39: Produce all communications between You and any other person regarding the transaction at issue in this Lawsuit. RESPONSE: Request for Production Page 12 of 16 Exhibit 1 Page 12 of 16 REQUEST NO. 40: Produce all communications and documents in Your possession regarding the transaction at issue in this Lawsuit. RESPONSE: REQUEST NO. 41: Produce any extensions of the purchase and sale agreement between Mahmoud Abahashemi and You. RESPONSE: REQUEST NO. 42: Produce all communications between You and any party involving any extensions of the purchase and sale agreement between Mahmoud Abahashemi and You. RESPONSE: REQUEST NO. 43: Produce any agreements You entered into with any party regarding the property at issue in this Lawsuit. RESPONSE: REQUEST NO. 44: Produce all bills received from Your attorney for work performed in this Lawsuit. RESPONSE: Request for Production Page 13 of 16 Exhibit 1 Page 13 of 16 REQUEST NO. 45: Produce all records of costs or expenses actually incurred by You in connection with this Lawsuit. RESPONSE: REQUEST NO. 46: Produce Your fee agreement with Your attorney. RESPONSE: REQUEST NO. 47: Produce all documents referenced in your responses to CLTIC’s Interrogatories to Plaintiff. RESPONSE: REQUEST NO. 48: Produce all documents you reviewed in preparing your responses to CLTIC’s Interrogatories to Plaintiff. RESPONSE: REQUEST NO. 49: Produce all documents and communications concerning, demonstrating, evidencing, or reflecting Your damages being sought in connection with this Lawsuit. RESPONSE: Request for Production Page 14 of 16 Exhibit 1 Page 14 of 16 Dated: February 1, 2023. Respectfully submitted, /s/ Brandon Hakari Brandon Hakari State Bar No. 24107552 Gregory T. Brewer State Bar No. 00792370 FIDELITY NATIONAL LAW GROUP 6900 Dallas Parkway, Ste 610 Plano, Texas 75024 Telephone No: (972) 812-6547 Telecopy No: (972) 812-9408 brandon.hakari@fnf.com ATTORNEYS FOR DEFENDANT COMMONWEALTH LAND TITLE INSURANCE COMPANY Request for Production Page 15 of 16 Exhibit 1 Page 15 of 16 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the following parties in interest via the indicated methods of service on February 2, 2023. Ellyn J. Clevenger Thomas W. McQuage 1115 Moody Avenue PO Box 16894 Galveston, Texas 77550 Galveston, Texas 77552 COUNSEL FOR PLAINTIFFS COUNSEL FOR DEFENDANT MAHMOUD ABHASHEMI via electronic filing via electronic filing Chris Pappas KANE RUSSELL COLEMAN LOGAN PC 5151 San Felipe Suite 800 Houston, Texas 77056 COUNSEL FOR DEFENDANTS DALLAS RUSSEL, SR. AND VALERIE MERCURE via electronic filing /s/ Brandon Hakari Brandon Hakari Request for Production Page 16 of 16 Exhibit 1 Page 16 of 16 CAUSE NO. 22-CV-0332 DIVERSE EQUITY, LLC, § IN THE DISTRICT COURT § Plaintiff, § § v. § 56TH JUDICIAL DISTRICT § COMMONWEALTH LAND TITLE § INSURANCE COMPANY, D/B/A § COMMONWEALTH TITLE OF § HOUSTON, INC.; MAHMOUD REZA § ABAHASHEMI, § § Defendants. § GALVESTON COUNTY, TEXAS DEFENDANT COMMONWEALTH LAND TITLE INSURANCE COMPANY’S INTERROGATORIES TO PLAINTIFF TO: Plaintiff Diverse Equity, by and through its attorney of record, Ellyn J. Clevenger, 1115 Moody Avenue, Galveston, Texas 77550. I. INSTRUCTIONS Pursuant to Rules 193 and 197 of the Texas Rules of Civil Procedure, Defendant Commonwealth Land Title Insurance Company serves these interrogatories on Plaintiff Diverse Equity, LLC. Plaintiff Diverse Equity, LLC must answer each interrogatory separately, fully, in writing, and under oath, within 30 days after service. For any requested information about a document that no longer exists or cannot be located, identify the document, state how and when it passed out of existence or when it could no longer be located, and give the reasons for the disappearance. Also, identify each person having knowledge about the disposition or Interrogatories Page 1 of 9 Exhibit 2 Page 1 of 9 loss, and identify each document evidencing the existence or nonexistence of each document that cannot be located. II. DEFINITIONS 1. “Lawsuit” or “Litigation” refers to all of the claims, cross-claims, counterclaims, and defenses, whether now asserted or asserted hereafter by amendment, supplement, or otherwise, in Diverse Equity, LLC v. Commonwealth Land Title Insurance Company, et al, Cause No. 22-CV-0332, pending in the 56th District Court of Galveston County, Texas. 2. “Petition” refers to Plaintiff’s, Diverse Equity, LLC’s, Original Petition filed in the Lawsuit on March 1, 2022, and any amended or supplemental petitions or complaints which Plaintiff has filed or may file in the Lawsuit. 3. “Property” refers to the real property at issue located at 5511 Avenue Q 1/2, Galveston, Texas 77551. 4. “CLTIC” or “Defendant” refers to Commonwealth Land Title Insurance Company, and for purposes of these requests includes any person or entity, affiliated or not, acting or purporting to act for or on behalf of CLTIC, including, but not limited to, CLTIC’s agents, representatives, attorneys, consultants, experts, investigators, employees (including direct, borrower, special, or statutory employees), servants or assigns, or any other person or entity, affiliated or not, acting or purporting to act on their behalf, in the past and present. Interrogatories Page 2 of 9 Exhibit 2 Page 2 of 9 5. “Diverse Equity” or “Plaintiff” or refers to Diverse Equity, LLC, and for purposes of these requests includes any person or entity, affiliated or not, acting or purporting to act for or on behalf of Diverse Equity, including, but not limited to, Diverse Equity’s agents, representatives, attorneys, consultants, experts, investigators, employees (including direct, borrower, special, or statutory employees), servants or assigns, or any other person or entity, affiliated or not, acting or purporting to act on their behalf, in the past and present. 6. “You” or “Your” refers to Plaintiff as defined herein. “You” and “Your” when used in reference to things and “documents” shall include things and documents in your possession or under your control, and things and documents whose present and past existence you are aware of, as well as things and documents prepared by you unless otherwise stated. 7. The words “Document”, “Documents”, or “Documentation” are used in their broadest sense to include any medium upon or with which information is recorded or preserved, including those that belong to, or are in or subject to the possession, custody, or control of, Plaintiff or its agents, by whomever generated or received, including without limitation: papers, books, accounts, drawings, graphs, charts, photographs, electronic or video recordings, data, data compilations, electronic mail records, or text, SMS, or MMS messages. 8. “Evidence” or “Evidencing” means tending to show, in any probative manner, the existence or nonexistence of any matter. Interrogatories Page 3 of 9 Exhibit 2 Page 3 of 9 9. “Identify” or “describe”, when referring to a person, means you must state the following: a. The full name; b. The present or last known residential address and residential telephone number; c. The present or last known office address and office telephone number; d. The occupation, job title, employer, and employer’s address at the time of the event or period referred to in each particular interrogatory; and, e. In the case of any entity, the identity of the officer, employee, or agent most closely connected with the subject matter of the interrogatory and the office who is responsible for supervising that officer or employee. 10. “Identify” or “describe”, when referring to a document, means you must state the following: a. The nature of the document (e.g., letter, handwritten note); b. The title or heading that appears on the document; c. The date of the document and the date of each addendum, supplement, or other addition or change; d. The identities of the author, signer of the document, and person on whose behalf or at whose request or direction the document was prepared or delivered; and, Interrogatories Page 4 of 9 Exhibit 2 Page 4 of 9 e. The present location of the document and the name, address, position or title, and telephone number of the person or persons having custody of the document. III. INTERROGATORIES INTERROGATORY NO. 1: Identify each person answering these interrogatories, supplying information, or assisting in any way with the preparation of the answers to these interrogatories. RESPONSE: INTERROGATORY NO. 2: Identify every person who is expected to be called to testify at trial, including your experts. RESPONSE: INTERROGATORY NO. 3: Identify every document containing any relevant facts to this litigation, and state the particular facts each such document contains. RESPONSE: INTERROGATORY NO. 4: Please state whether any document which contains relevant facts to this litigation has been destroyed or eliminated. If documents have been destroyed or eliminated, give a description of each document or identify each document, and state the particular facts each such document contained. RESPONSE: Interrogatories Page 5 of 9 Exhibit 2 Page 5 of 9 INTERROGATORY NO. 5: Please identify and describe with specificity all facts You contend support Your fraud cause of action, including facts showing: (1) the material representation made by CLTIC; (2) how said representation was false; (3) how CLTIC knew said representation was false when it was made or how CLTIC made said representation recklessly without any knowledge of the truth and as a positive assertion; (4) how CLTIC made said representation with the intent that You should act on it; (5) how You acted in reliance on said representation; and (6) how You suffered injury while acting in reliance on said representation. RESPONSE: INTERROGATORY NO. 6: Please identify and describe with specificity all facts You contend support Your tortious interference with an existing contract cause of action, including facts showing: (1) You had a valid contract; (2) which contract CLTIC interfered with; (3) that CLTIC willfully and intentionally interfered with the contract; and (4) that CLTIC’s interference proximately caused Your injury. RESPONSE: INTERROGATORY NO. 7: Please identify and describe with specificity all facts You contend support Your DTPA cause of action, including facts showing: (1) how You qualify as a consumer; (2) CLTIC caused confusion or misunderstanding about the source, sponsorship, approval, or certification of goods or services; (3) CLTIC caused confusion or misunderstanding about affiliation, connection, or association Interrogatories Page 6 of 9 Exhibit 2 Page 6 of 9 with, or certification by, another; (4) CLTIC represented that goods or services had sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities they do not have, or that a person has a sponsorship, approval, status, affiliation, or connection they do not have; (5) CLTIC disparaged the goods, services, or business of another by false or misleading representations of facts; (6) CLTIC represented that an agreement conferred or involves rights, remedies, or obligations that it did not, or was prohibited by; (7) CLTIC engaged in false, misleading, or deceptive acts; (8) CLTIC breached an express or implied warranty; (9) CLTIC acted unconscionably; and (10) CLTIC’s acts were a producing cause of Your damages. RESPONSE: INTERROGATORY NO. 8: Please identify and describe with specificity all facts You contend support Your business defamation cause of action, including facts showing: (1) CLTIC published disparaging words about You; (2) those disparaging words were false; (3) that CLTIC acted with malice in publishing those words; and (4) that You suffered a direct pecuniary loss attributable to CLTIC’s disparaging words. RESPONSE: Interrogatories Page 7 of 9 Exhibit 2 Page 7 of 9 Dated: February 1, 2023. Respectfully submitted, /s/ Brandon Hakari Brandon Hakari State Bar No. 24107552 Gregory T. Brewer State Bar No. 00792370 FIDELITY NATIONAL LAW GROUP 6900 Dallas Parkway, Ste 610 Plano, Texas 75024 Telephone No: (972) 812-6547 Telecopy No: (972) 812-9408 brandon.hakari@fnf.com ATTORNEYS FOR DEFENDANT COMMONWEALTH LAND TITLE INSURANCE COMPANY Interrogatories Page 8 of 9 Exhibit 2 Page 8 of 9 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the following parties in interest via the indicated methods of service on February 2, 2023. Ellyn J. Clevenger Thomas W. McQuage 1115 Moody Avenue PO Box 16894 Galveston, Texas 77550 Galveston, Texas 77552 COUNSEL FOR PLAINTIFFS COUNSEL FOR DEFENDANT MAHMOUD ABHASHEMI via electronic filing via electronic filing Chris Pappas KANE RUSSELL COLEMAN LOGAN PC 5151 San Felipe Suite 800 Houston, Texas 77056 COUNSEL FOR DEFENDANTS DALLAS RUSSEL, SR. AND VALERIE MERCURE via electronic filing /s/ Brandon Hakari Brandon Hakari Interrogatories Page 9 of 9 Exhibit 2 Page 9 of 9 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Rachel Perez on behalf of Robert Hakari Bar No. 24107552 Rachel.M.Perez@fnf.com Envelope ID: 73568078 Filing Code Description: Motion to Compel Filing Description: DEFT COMMONWEALTH LAND TITLE INSURANCE COMPANYS MtN TO COMPEL DISCOVERY RESPONSES Status as of 3/13/2023 7:56 AM CST Associated Case Party: Commonwealth Land Title Insurance Company Name BarNumber Email TimestampSubmitted Status Rachel M.Perez rachel.m.perez@fnf.com 3/10/2023 4:27:30 PM SENT Brandon Hakari brandon.hakari@fnf.com 3/10/2023 4:27:30 PM SENT Associated Case Party: MahmoudRezaAbhashemi Name BarNumber Email TimestampSubmitted Status Thomas McQuage mcquage@swbell.net 3/10/2023 4:27:30 PM SENT Associated Case Party: Dallas Russe Name BarNumber Email TimestampSubmitted Status Chris C. Pappas cpappas@krcl.com 3/10/2023 4:27:30 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Krystal Clayton kclayton@krcl.com 3/10/2023 4:27:30 PM SENT ELLYN CLEVENGER CLEVENGERLAWOFFICE@GMAIL.COM 3/10/2023 4:27:30 PM SENT Debra Bell dbell@krcl.com 3/10/2023 4:27:30 PM SENT Roland Hamilton rhamilton@krcl.com 3/10/2023 4:27:30 PM SENT Searcy Houston SHouston@krcl.com 3/10/2023 4:27:30 PM SENT Jared Vann JVann@krcl.com 3/10/2023 4:27:30 PM SENT Giesla Delgado GDelgado@krcl.com 3/10/2023 4:27:30 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Rachel Perez on behalf of Robert Hakari Bar No. 24107552 Rachel.M.Perez@fnf.com Envelope ID: 73568078 Filing Code Description: Motion to Compel Filing Description: DEFT COMMONWEALTH LAND TITLE INSURANCE COMPANYS MtN TO COMPEL DISCOVERY RESPONSES Status as of 3/13/2023 7:56 AM CST Case Contacts Chris C. Pappas cpappas@krcl.com 3/10/2023 4:27:30 PM SENT Associated Case Party: Diverse Equity, LLC Name BarNumber Email TimestampSubmitted Status Ellyn Clevenger 24058662 ellynclevenger@gmail.com 3/10/2023 4:27:30 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Rachel Perez on behalf of Robert Hakari Bar No. 24107552 Rachel.M.Perez@fnf.com Envelope ID: 75143383 Filing Code Description: Motion Filing Description: DEFENDANT COMMONWEALTH LAND TITLE INSURANCE COMPANYS MOTION FOR DISCOVERY SANCTIONS Status as of 4/28/2023 4:36 PM CST Associated Case Party: Commonwealth Land Title Insurance Company Name BarNumber Email TimestampSubmitted Status Rachel M.Perez rachel.m.perez@fnf.com 4/28/2023 4:03:36 PM SENT Brandon Hakari brandon.hakari@fnf.com 4/28/2023 4:03:36 PM SENT Associated Case Party: MahmoudRezaAbhashemi Name BarNumber Email TimestampSubmitted Status Thomas McQuage mcquage@swbell.net 4/28/2023 4:03:36 PM SENT Associated Case Party: Dallas Russe Name BarNumber Email TimestampSubmitted Status Chris C. Pappas cpappas@krcl.com 4/28/2023 4:03:36 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Krystal Clayton kclayton@krcl.com 4/28/2023 4:03:36 PM SENT ELLYN CLEVENGER CLEVENGERLAWOFFICE@GMAIL.COM 4/28/2023 4:03:36 PM SENT Debra Bell dbell@krcl.com 4/28/2023 4:03:36 PM SENT Roland Hamilton rhamilton@krcl.com 4/28/2023 4:03:36 PM SENT Searcy Houston SHouston@krcl.com 4/28/2023 4:03:36 PM SENT Jared Vann JVann@krcl.com 4/28/2023 4:03:36 PM SENT Giesla Delgado GDelgado@krcl.com 4/28/2023 4:03:36 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Rachel Perez on behalf of Robert Hakari Bar No. 24107552 Rachel.M.Perez@fnf.com Envelope ID: 75143383 Filing Code Description: Motion Filing Description: DEFENDANT COMMONWEALTH LAND TITLE INSURANCE COMPANYS MOTION FOR DISCOVERY SANCTIONS Status as of 4/28/2023 4:36 PM CST Case Contacts Chris C. Pappas cpappas@krcl.com 4/28/2023 4:03:36 PM SENT Associated Case Party: Diverse Equity, LLC Name BarNumber Email TimestampSubmitted Status Ellyn Clevenger 24058662 ellynclevenger@gmail.com 4/28/2023 4:03:36 PM SENT