Motion for Leave to Intervene in Dongmei Pan v. Lihua Wang| Trellis.Law

On July 20, 2023 a Answer was filed involving a dispute between Pan, Dongmei, and Arconslp Llc, Wang, Lihua, for Other Civil in the District Court of Fort Bend County.

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Filed
4/3/2024 10:45 AM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Norma Sosa

CAUSE NO. 23-DCV-306207

DONGMEI PAN IN THE DISTRICT COURT
Plaintiff/Counter-Defendant

Vv. 240T JUDICIAL DISTRICT

LIHUA WANG
Defendant/Counter-Plaintiff/Cross- FORT BEND COUNTY, TEXAS
Plaintiff

Vv.

ARCONSLP LLC
Cross-Defendant

LIHUA WANG’S ORIGINAL ANSWER, AFFIRMATIVE DEFNESES,
COUNTERCLAIMS AND THIRD-PARTY PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Lihua Wang, defendant/Counter-plaintiff/Cross-Plaintiff herein, filing this

original answer, counterclaims and crossclaims and would show the Court the following:

I. GENERAL DENIAL

1 Defendant generally denies any and all allegations in Plaintiff's Original Petition and

demands strict proof thereof as required by the Texas Rules of Civil Procedure.

II. AFFIRMATIVE DEFENSES

2. Defendant is not liable for Plaintiff's damages, if any, because of Plaintiff's own

assumption of the risk.

3 Defendant is not liable for Plaintiff's damages, if any, because of Plaintiff's waiver of

right to sue through its representations or actions.

4 Defendant is not liable for Plaintiff's damages, if any, because of Plaintiff's own

ROUTED TO COURT 4/3/2024 NS
RT'D TOD. CLERK 04-04-24 AA
negligence.

5 Defendant is not liable for Plaintiff's damages, if any, because Plaintiffs claim in

paragraph 28 (which states that “All conditions precedent to Plaintiff's claim for relief have been

performed or have occurred”) hinges on a contractual claim, yet Plaintiff failed to plea adequately

or describe the material terms of the contract or the condition precedent nor attach a copy of a

contract as an exhibit to her Petition.

6 Defendant does not breach a contract, if any, because Defendant has performed all

duties owed.
7
Defendant is not liable for Plaintiff's damages, if any, because of Defendant’s

substantial performance under a contract, if any.

8 Defendant is not liable for Plaintiff's damages, if any, because of Plaintiff's own

unclean hands.

9 Defendant is not liable to Plaintiff under a contract, if any, as it was entered with

threats and duress of Plaintiff which make any contract or promise null.

10. Defendant is not to Plaintiff because of accord and satisfaction.

11. Defendant is not liable to Plaintiff under a contract, if any, because of failure of

consideration.

12. Defendant is not liable to Plaintiff because of equitable estoppel.

13. Defendant is not liable to Plaintiff because of ratification.

14. Defendant is not liable to Plaintiff for the alleged intentional infliction of emotional

distress because of self-defense.

15. Defendant is not liable to Plaintiff for the alleged intentional infliction of emotional

distress because of defense of property.
16. Defendant is not liable to Plaintiff for the alleged intentional infliction of emotional

distress because of consent.

17. Defendant is not liable to Plaintiff for the alleged intentional infliction of emotional

distress because of necessity and justification.

18. Defendant is not liable for Plaintiff's alleged damages, if any, as the alleged contract,

if any, is illegal and therefore not enforceable since it attempts to dispose a property without the

knowledge and consent of all parties who have interests in the property.

19, Defendant is not liable for Plaintiff's damages because Plaintiff fails to prove her

claimed harm occurred before the applicable statute of limitations.

A. DISCOVERY LEVEL

20. Defendant/Counter-Plaintiff/Cross-Plaintiff intends that discovery in this case

should be conducted under Level 2 as set forth in the Texas Rules of Civil Procedure.

B. PARTIES

aie Plaintiff/Counter-Defendant Dongmei Pan is an individual residing in Fort Bend

County, Texas.

22. Defendant/Counter-plaintiff/Third-Party Plaintiff Lihua Wang resides in North

Carolina.

23. Third-Party Defendant Arconslp LLC is a Texas limited liability company who may

be served at its registered agent Dongmei Pan at Os ee

C. JURISDICTION AND VENUE

24. This Court has the subject matter jurisdiction over the controversy in this case.

25. The Court has jurisdiction over Plaintiff/Counter-Defendant because Counter-

Defendant resides and does businesses in Texas.
26. The Court further has jurisdiction over Cross-Defendant because it conducts its

business in Texas.

27. Furthermore, Defendant/Counter-plaintiff/Cross-plaintiff seeks damages which are

within the jurisdictional limits of the Court.

28. Venue of this suit is proper in Fort Bend County, Texas pursuant to Texas Civil

Practice and Remedies Code §15.002 (a)(1), since all or part of the events giving rise to Counter-

Defendant and Cross-Plaintiff’s cause of action, based on the following allegations occurring in

Fort Bend County, Texas.

D. FACTS

29. Defendant/Counter-plaintiff/Cross-plaintiff Lihua Wang (hereinafter “Wang”) was

employed by a company named Arconslp LLC (“Arconslp”), whose president was Plaintiff/Counter-

defendant Dongmei Pan (hereinafter “Pan’’). The offered job position was “Project Engineer” with an

annual salary of $48,000 (Exhibit A). Wang worked for this company until the end of September

2021.

30. Both Wang and Pan were married to their respective spouses at the time of Wang’s

employment.

ale Wang and Pan had an extramarital relationship while working together. Wang began

to look for a house to buy in Texas. Pan did accompany him sometimes to see houses.

32. On or about October 2020, Wang purchased the house located at aE

HR (hereinafter the “Property”) (Exhibit B). Wang, still married to his wife,

borrowed a bank loan, made the down payment, and paid the monthly mortgages for the Property.

Exhibit C. Wang has been the one who pays all costs and expenses in remodeling the Property as

well as the property tax and insurances.
33. Being a Christian attending a church in Charlotte, NC, Wang soon realized his wrong

in infidelity to his family, and decided to turn to God in repentance and ended his extramarital

relationship with Pan on or about June 2021. Wang worked for Arconslp until the end of September

2021 expecting his payment of salaries for June, July, August, and September 2021.

34. Pan was mad with Wang’s return to his family, and her company Arconslp, which is

owned and controlled by Pan, willfully stopped paying Wang for his work from June 2021 to

September 2021. Pan has since harassed and insulted Wang on many occasions after Wang decided

to return to his family. Arconslp has refused to make the back pay of Wang’s wages despite of

numerous requests.

55 In the meantime, Pan brought an alleged Joint Venture Agreement to claim an interest

in the Property and threatened and forced Wang to sign. Pan used all types of threatening words and

actions. For example, Pan threatened Wang to “Wait for your reputation to be ruined! Remember to

check your email! 1 will remind you! ” Pan threatened to send slanderous and derogative messages

about Wang and his wife to members of the church which Wang and his family attend in Charlotte,

NC, and threatened to post about Wang every week. Pan also threatened to send mails to the school

where Wang’s child attended.

36. To Wang’s knowledge, Pan began sending emails to the Church Members. Fearing

that Pan would do something to harm Wang and his family, Wang signed the agreement under the

coercion of Pan on October 29, 2021, who took away the signed document without providing a

copy to Wang. Wang didn’t know exactly what he had signed about. Exhibt D

Sie After the agreement was signed, Pan only occasionally appeared at the site of the

Property. Wang was the only one responsible for remodeling. Soon Pan began to pressure Wang to

pay her money of $44,000, despite of the fact that Pan never paid any money on the Property. Further,
under the alleged Joint Venture agreement, $44,000 should be paid to Pan after the Property was sold.

38. During the communications with Pan, Wang honestly believed that Pan wanted him

to pay $44,000 to settle all of their disputes regarding the Property despite of the fact that Pan had

never invested a single penny in the property. Wang and his wife thus made the payment of $44,000

on December 1, 2021 to a bank account designated by Pan in China. Pan acknowledged receipt of

this fund. Exhibit E.

39. On or about March 30, 2022, while Wang, his wife, and two other individuals Jian He

and Qiyu Li, were present on the Property, Pan broke in and assaulted Wang by hand and fist on his

head and body. Police was called and Pan was taken away. Pan was later released on bond with

conditions that she shall have no threatening, harassing, or abusive contact with Wang, among

others. Pan and Wang no longer communicated about the Property anymore. Exhibit F.

40. Wang had since experienced intentional damages at the Property while he was away

such as destruction of finished work, missing parts or tools, or broken doors, etc. Fearing Pan’s

revenge and his own safety, Wang decided to sell the Texas property. On April 4, 2022, Wang

signed a Listing Agreement with a real estate agent attempting to sell the Property. Exhibit G.

41. As soon as the Property was listed on the market, Pan filed a lawsuit (Cause No. 22-

DCV-292656, in the 240" Judicial District of Fort Bend County, hereinafter the “First Case”) anda

lis pendens prohibiting Wang from selling the Property despite of the fact that the title to the Property

recorded in the county court was under Wang’s name only. Because Wang could not sell the

property due to Pan’s lis pendens, he had to lease the Property to mitigate damages because he had to

pay the mortgages and insurances.

42. Wang was contacted by the city of Sugar Land that someone reported anonymously

to the City that the condition of the house was not be habitable therefore not suitable for lease. But
Wang received the rental license from the City after the city’s inspection.

43. Unbeknown to Wang, Pan continues sending slanderous and derogative messages to

Wang’s church members.

44. Only until recently did Wang find out from certain church members that they have

been receiving derogative and slanderous messages about Wang and his wife. Some of them even

received threatening messages from Pan pressing them to cooperate with her, or she would go public

with their nefarious or unethical behaviors, and Pan further told these people that she obtained their

secrets from Wang trying to alienate Church members from Wang and his family.

45. While the First Case is ongoing, Wang’s church members continued to receive

slanderous, derogative and threatening messages which were meant to harass and humiliate Wang

and his family. Wang and his family have been told only a couple of months ago about the continuing

messages and threats. Wang and his family have suffered extreme public embarrassment, social

stigma, and emotional distress because of Pan’s derogative and slanderous messages and

communications to the community.

46. While preparing for a response to Plaintiff's motion for summary judgment in the First

Case in February 2024, Wang and his counsel accidentally found that a separate lawsuit with same or

similar facts was brought by Plaintiff on July 20, 2023 and transferred to the 240" District Court under

the current Cause No. 23-DCV-306207 on September 6, 2023 (“Second Case”).

47. This was, however, never disclosed by Plaintiff to the judge of this Court nor to the

same opposing party. This Second Case was filed on July 20, 2023 during the litigation period of First

Case and has not served upon Wang at the time when Wang discovered it in the court records in

February 2024. The real reason why Plaintiff filed this second lawsuit secretly without alerting

Defendant nor serving Defendant is unknown. However, fearing that the statute of limitations of
Defendant’s available defenses would run out, Defendant chose to file his answer with counterclaim

and crossclaims.

E. CAUSES OF ACTION

Count I — Suit to Quiet Title and Declaratory Judgment

Defendant/counter-plaintiffrealleges and incorporates by reference the allegations set forth

in previous paragraphs, and further allege:

48. The Property in dispute is a community property of Wang and his wife under the

Texas laws despite of the fact that his wife’s name does not appear in the Warranty Deed.

49. The alleged joint venture agreement was entered under coercion and duress, and

thus not a valid contract.

50. Even if the alleged joint venture agreement was valid in the beginning, the change

of circumstances has invalidated the agreement or released the obligation of Wang to continue to

perform the contract.

Sle The alleged joint venture agreement is not a valid document to confer title to Pan.

52. Pan made an invalid claim to the property and Wang requests to enable him as the

holder of the feeblest equity to remove from his way to legal title any unlawful hindrance having

the appearance of better right.

53. Wang requests that the Court declare invalid or ineffective Pan's claim to title and

Wang’s right of ownership.

Count II - Breach of Contract

Defendant/counter-plaintiff realleges and incorporates by reference the allegations set forth

in previous paragraphs, and further allege:

54. Even assuming the Joint Venture Agreement was a valid document, Pan was
supposed to receive her alleged investment of $44,000 after the Property was sold. However, she

has pressured Wang to pay her the money in advance without following the provisions in the JV

agreement. She has thus breached the contract.

55. Pan’s breach of contract has released Wang’s obligation to perform the contract if

any.

56. Because of Plaintiff's breach of the JV agreement, Defendant/Counter-plaintiff

suffered monetary damages of at least $44,000 plus interests.

Count III — Unjust Enrichment

Defendant/counter-plaintiff realleges and incorporates by reference the allegations set forth

in previous paragraphs, and further allege:

Oia Assuming the Joint Venture Agreement was a valid document, Pan was supposed

to receive her alleged investment of $44,000 after the Property was sold. However, she has

pressured Wang to pay her the money in advance without following the provisions in the JV

agreement. She has thus been unjustly enriched.

58. Because of Plaintiff's unjust enrichment, Defendant/Counter-plaintiff suffered

monetary damages of at least $44,000 plus interests.

Count IV. Defamation
Defendant/counter-plaintiff realleges and incorporates by reference the allegations set forth

in previous paragraphs, and further allege:

A. Defamation

59. The comments defamed Wang in that an ordinary person would interpret these

comments as injurious to Wang’s reputation and thereby expose Wang to public hatred, contempt,

or ridicule or these comments impeach Wang’s honesty, integrity, virtue or reputation. These

comments were defamatory:
in the context in which the comments were published considered in the context of

related facts and circumstances that were sufficiently expressed before or otherwise

known to the reader of the comment, or,

the overall gist of the comments as a whole and in light of the surrounding

circumstances a person of ordinary intelligence would perceive the comments as

defamatory, or,

the comments caused an objectively reasonable person to draw negative

implications about Wang from all or parts of the defamatory comments.

60. The comments published by Plaintiff/Counter-Defendant were false at the time the

comments were published. Plaintiff/Counter-defendant knew or should have known in the exercise

of ordinary care that these comments were false and had the potential to be defamatory to Wang.

61. Plaintiff/Counter-Defendant made and published these comments about Wang with

a high degree of awareness that these comments were false so much so that Plaintiff/Counter-

defendant had serious doubts as to the truth of the comments; that is, these comments were made

with actual malice.

B. Disparagement.

62. Plaintiff/Counter-Defendant’s comments serve to disparage Wang.

Plaintiff/Counter-Defendant:

knew these comments were false; or

Plaintiff/Counter-Defendant acted with reckless disregard of whether the comments

were false;

Plaintiff/Counter-Defendant acted with ill will towards Wang; or

Plaintiff/Counter-Defendant intended to interfere with Wang’s relationships and
interests with any third parties.

c. Intrusion.

63. These comments were an intentional intrusion on Wang’s private affairs and were

done in such a manner that would be highly offensive to a reasonable person.

64. Wang has suffered damages caused by Plaintiff/Counter-Defendant’s defamation, by

Plaintiff/Counter-Defendant’s disparagement, and by Plaintiff/Counter-Defendant’s intrusion.

Wang’s damages are in excess of the minimum jurisdictional limits of this case. Plaintiff/Counter-

Defendant’s defamatory statements were either a producing cause or a proximate cause of

Defendant/Counter-plaintiffs damages. Those damages are in excess of the minimum

jurisdictional limits of this court.

65. Plaintiff/Counter-Defendant’s defamatory statements were either done with actual

malice or were done with a gross negligent disregard for the rights of Wang. Either way,

Plaintiff/Counter-Defendant’s actions allow Defendant/Counter-Plaintiff to recover exemplary

damages from the Plaintiff/Counter-Defendant. The amount of Defendant/Counter-Plaintiff’s

exemplary damages are in excess of the minimum jurisdictional limits of this court.

Count V — Assault and Battery

Defendant/counter-plaintiff realleges and incorporates by reference the allegations set forth

in previous paragraphs, and further allege:

66. Plaintiff/Counter-defendant commits an assault as she intentionally, knowingly, or

recklessly causes bodily injury to Wang on March 30, 2022; intentionally or knowingly threatens

Wang with imminent bodily injury; and intentionally or knowingly causes physical contact with

Wang when she knows or should reasonably believe that Wang will regard the contact as offensive

or provocative.
67. Because of Plaintiff/Counter-defendant’s assault and battery, Defendant/Counter-

plaintiff suffered damages.

Count VI — Intentional Infliction of Emotional Distress

Defendant/counter-plaintiff realleges and incorporates by reference the allegations set forth

in previous paragraphs, and further allege:

68. When Plaintiff/Counter-defendant sent defamatory emails to Defendant/Counter-

plaintiff's church members, she has acted intentionally or recklessly; her conduct was extreme and

outrageous; the conduct caused Defendant/Counter-plaintiff emotional distress and the emotional

distress was severe.

69. Defendant/Counter-plaintiff is entitled to damages which is to be proven at trial.

Count VII — Frivolous Lis Pendens

Defendant/counter-plaintiffrealleges and incorporates by reference the allegations set forth

in previous paragraphs, and further allege:

70. A notice of lis pendens may only be filed during the pendency of an action

involving (1) title to real property, (2) the establishment of an interest in real property, or (3) the

enforcement of an encumbrance against real property. Texas Prop. Code Sec. 12.007(a).

as The title to the Property in the present case is clearly conferred upon Wang, and the

alleged joint venture agreement (assuming valid) does not confer Pan any interest in the Property

but only talks about the distribution of monetary proceeds if the Property is sold. The lis pendens

is therefore filed frivolously and should be cancelled.

de Defendant/Counter-plaintiff is entitled to damages which is to be proven at trial.

Count VIII — Fraudulent Inducement

Defendant/counter-plaintiff realleges and incorporates by reference the allegations set forth
in previous paragraphs, and further allege:

3, Plaintiff Pan asked Wang to pay $44,000 to her and made Wang believe that the

joint venture agreement would be settled, and Wang paid her the amount of $44,000;

74, Pan made a material misrepresentation, knowing its falsity or asserted without

knowledge of its truth, made with the intention that it should be acted on by Defendant Wang,

which Defendant relied on and which caused injury to the Defendant Wang.

75. Wang has suffered an injury of $44,000 plus interest.

F. INJUNCTIVE RELIEF

76. Wang seeks an injunctive relief that restrains Pan from continuing defamatory and

slanderous actions against Wang and his family.

G. THIRD PARTY PETITION

Defendant/counter-plaintiff/Third-Party Plaintiff Wang realleges and incorporates by

reference the allegations set forth in previous paragraphs, and further allege:

die Wang, as Third-Party Plaintiff, file this Third-Party Petition against Arconslp LLC

and show the court the following:

78. Wang intends to conduct discovery under Discovery Level 2.

79. Third-Party Defendant Arconslp LLC is a Texas limited liability company who may

be served at its registered agent Dongmei Pan at

CAUSES OF ACTION

Willful Violation of the Texas Labor Code Sec. 62.051

Defendant/counter-plaintiff/Third-Party Plaintiff Wang realleges and incorporates by

reference the allegations set forth in previous paragraphs, and further allege:
80. The damages sought in this Third-Party Action are within the jurisdictional limits of

the Court. As required by Rule 47 of Texas Rules of Civil Procedure, Wang states that he seeks

monetary $16,000 plus attorney fees in excess of $10,000.00. The salary is calculated based on four

months of salary ($4,000 each month based on the offer of annual salary of $48,000) from June 2021

to September 2021, which Defendant Arconslp LLC willfully withheld from payment to Wang.

H. ATTORNEY FEES

81. Defendant/Counter-plaintiff/Third-party plaintiff prays for reasonable attorney fees

under Chapter 38 of the Texas Civil Practice & Remedies Code.

I. PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant/Counter-plaintiff/Third-party

plaintiff prays that Plaintiff/Counter-defendant and Third-party defendant take nothing and

Defendant/Counter-plaintiff/Third-party plaintiff be awarded costs and reasonable and necessary

attomey’s fees, and for such other and further relief that may be awarded at law or in equity. Further,

if the Court finds judgment for the Defendant/Counter-plaintiff/Third-party plaintiff and against

Plaintiff/Counter-defendant and/or Third-party defendant, the Defendant/Counter-plaintiff/Third-

party plaintiff requests judgment of the Court that Plaintiff/Counter-defendant and Third-party

defendant be adjudicated liable to Defendant/Counter-plaintiff/ Third-party plaintiff for the amount of

the judgment, together with all costs, including attorney fees and court costs, and for such and other

and further relief to which Defendant/Counter-plaintiff/Third-party plaintiff may be justly entitled.

Respectively submitted
LAW OFFICES OF YANG & ASSOCIATES, PLLC

Hpsegrs dng
Yanpin Yang
TX Bar No. 24009430
6689 W. Sam Houston Pkwy South, Suite 302
Houston, TX 77072
Tel: (713) 271-9264
Fax: (713) 271-9265
Email: info@yanglawus.com
Attorney for Lihua Wang, Defendant/Counter-
plaintiff/Third-party plaintiff

Certificate of Service

On April 3, 2024, 1 served the aforementioned Defendant Lihua Wang’s Original Answer,
Counterclaims and Third-Party Petition to Plaintiff via following method:

Dongmei Pan

Via Certified Mail RRR

Ce: Wanchan Ohyan
Ohyan Law Group
6464 Savoy Drive, Suite 510
Houston, TX 77036
Email: wocourt@ohyanlawgroup.com

Upuegre dg
Yanpin Yang
23-DCV-306207
CAUSE NO, Se

DONGMEI PAN § IN THE DISTRICT COURT
Plaintiff/Counter-Defendant §
V. § 2407 JUDICIAL DISTRICT
§
LIHUA WANG
Defendant/Counter-Plaintiff/Cross- § FORT BEND COUNTY, TEXAS
Plaintiff

ARCONSLP LLC
Cross-Defendant

Declaration

My name is Lihua Wang. I am at least 18 years of age. I live in Charlotte, North Carolina.
I declare under penalty of perjury that the factual statements in the Counterclaim and Cross Claim
are true and correct to my best ability and knowledge.

leg
Lihua Wang, Bectarant
Executed in Charlotte, North Carolina on 02/19/2024
ExhibitA
S Arconsip LLC
ARCONSLP 10223 Bellago In, Richmond, TX 77407

June 21, 2020

Dear Mr. Wang:

Re: Offer of Employment — Project Engineer

This is to confirm Arconsip LLC (‘Arconsip”) offer to you for the positian of Project Engineer in our Houston, TX
office. The key accountabilities of this position are contained in the Job Description, attached to this Offer Letter
as Exhibit A.

1 Salary. You will receive a base salary of $48,000 on an annualized basis.

2 Vacation,
You will receive two weeks of vacation in addition your Salary.

Company Equipment, You may be provided with certain equipment as necessary to perform your duties
and reimbursed for reasonable expenses you incur on behalf of the Company in accordance with the
Company's policies and practices.

i .You should be aware that Company employees are not
permitted to make any unauthorized use of documents or other information in their employment with the
Company which could properly be considered or construed to be confidential or proprietary information of
another individual or company. Likewise, Arconsip employees may not bring with them any confidential
documents or other form of tangible information onto the premises of the Company relating to their prior
employer(s)' business.

Outside Employment, During your employment with the Company, you are expected to work solely for
Arconsip. However, if you wish to accept an outside position during your employment with Arconslp, you
must notify the President of Arconsip in writing and receive written approval prior to the outset of the
job. Authorization to engage in outside employment may be revoked at any time. In no event may
outside employment conflict with your responsibilities for Arconsip, and under no circumstances may
you work for a competitor of Arconsip or take an ownership position with a competitor of Arconslp.

This letter will also confirm you are subject to no contractual or
other restriction or obligation which is inconsistent with your accepting this offer of employment and fully
performing all of yourduties.

| This offer is not a guarantee of employment for a specific period of time. You
should understand that you are an employee at-will, which means that either you or Arconsip may
terminate your employment for any reason, at any time. Please understand that no supervisor, manager or
representative of Arconsip other than the President has the authority to enter into any agreement with you
for employment for any specified period of time or to make any promises or commitments contrary to the
forgoing. Further, any employment agreement entered into by the President of Arconsip shall not be
enforceable unless it is in a format written agreement and signed by you and the President.
S Arconsip LLC
ARCONSLP Pa
Resignation. You may terminate your employment voluntarily upon delivery of a two-week Termination
Notice to the Company. You shall be entitled to any Base Salary and vacation time as accrued and shall
be prorated through the effective date of your voluntary termination. In addition, you shall be reimbursed
for any allowable business expenses incurred on behalf of the Company by you prior to the effective date
of the voluntary termination. Such amount shall be paid within 30 days of the effective date of the
voluntary termination.

i During your employment, the Company will provide you with
access to the Company's confidential information and the opportunity to develop goodwill and establish
rapport with the Company's customers. "Confidential Information" means the Company's confidential
and/or proprietary information and/or trade secrets that have been and/or will be developed or used and
that cannot be obtained readily by third parties fram outside sources. You agree that you will not
use, copy, remove, disclose or disseminate, directly or indirectly, the Company's Confidential
Information, except as required in the course of performing your duties with the Company, for the
benefit of the Company.

9. Non-Competition,tn order for the Company to protect the Confidential Information and/or relationships,
you agree that for a period of three (3) months after the termination of your employment
(regardless of when such termination occurs or the reasons therefore), you will not directly or indirectly
Provide services to or on behalf of any customer of the Company.

10. Non-Solicitation. In order for the Company to protect the Confidential Information and/or relationships,
you agree that you will not hire, solicit, induce or attempt to induce any individual who worked for
the Company in the one (1) year period immediately preceding the termination of your
employment, to work for a competitor of the Company in the same or similar capacity as the individual
worked for the Company during the one (1) year period following the termination of your
employment.

11 Enforcement, You acknowledge and agree that the limitations in Sections 14 and 15 are reasonable
and reasonably necessary to protect the legitimate business interest of the Company. You also
acknowledge and agree that the Company may enforce Section 14 and Section 15 in a court of
competent jurisdiction by way of a temporary restraining order, Preliminary or temporary injunction
and/or other equitable or legal remedies.

12. Company Policies, At all times employees shall comply with ali Company policies, procedures,
protocols, operations manuals, regulations and instructions.

13. Contingent Offer. This offer is contingent, of course, upon our receipt of references that we
Consider salistactory, and your satisfactory completion of all other facets of the Company's pre*
employment screening process, including a background check. if you accept our offer, we suggest
that you not give notice of your resignation to your current employer until you have been notified by
Arconsip that you have completed all components of our pre-employment screening process to our
Satisfaction.
> Arconsip LLC
ARCONSLP eee
14. Taxes,All amounts of compensation paid to you shall be paid subject to applicable taxes and
deductions.

15. Entire Understanding. This offer constitutes the entire and complete understanding between you
and Arconsip and supersedes all prior and contemporaneous verbal or written agreements.
understandings or communications. If any provision of this Offer Letter is declared illegal or
ineffective, that shall have no effect on the remaining provisions.

16. Expiratio of Offer,
n | would appreciate your considering our offer and advising me of your decision
by July 1, 2020. We have an anticipated start date of August 8, 2020.

Thank you for your interest in employment with Arconsip LLC. We look forward to hearing from you soon.
Meanwhile, if you have any questions regarding our offer or Arconsip more generally, please contact me.

Very truly yours,

ARCONSLP LLC.

Dr. Dongmei Pan
President

Accepted and Agreed:

Lihva Was g
Name (print) Name (signed)

bf [2020
Date
S Arconslp LLC

BRCONSLP CG

EXHIBIT A

Job Description: Project Engineer
Location: Houston, TX

Key Accountabilities:

. Fuil understanding of project schedule/milestones, submittals, contract documents (addenda,
specifications, drawings) and in-house drawings; and would also be able to utilize these documents to
coordinate work on site with other trades
Complete required paperwork and diligently processes daily reports, next week plans, accident reports,
disciplinary reports
Run and manage large scale commercial/industrial construction projects and oversee multiple jobsites
simultaneously
Proven experience managing multiple crews from Foreman level personnel to Apprentices
Proven ability to coordinate with other trades to complete project within schedule
Capable of making prudent monetary decisions on behalf of the company
Accountable for the safe performance of personnel and equipment on their job sites
Proven ability to plan ahead
Understands the flow of the project and can communicate with the operations or Project Engineer on
current or future labor needed on the job
Understanding /complies with the company tool policy and can pass these values to less experienced
employees

The Company reserves the right, in its sole discretion, to modify this job description and any of the
responsibilities included herein at any time, for any reason, with or without advance notice.

Accepted and Agreed:

Liha
Name (print)
Wong usng
Name (signed)
o
Date
bj 25/20
Exhibit B
2-12-18
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
ZN. ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE)
TREC
Feas na earre coments
NOTICE: Not For Use For Condominium Transactions
JERRY THOMAS Taylor JR
1. PARTIES: The parties to this contract are TAYLOR JERRY THOMAS JR. TTT
(Seller) and Lihua Wang (Buyer).
Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined lw
below.
2. PROPERTY: The land, improvements and accessories are collectively referred to as the
" 7 erty”.
A LAND: Lot 44 Block 9 ‘ CHIMNEYSTONE SEC 14
Addition, City of Sugar Land , County of Fort Bend
Texas, known as
(address/zip code), or as described on attached exhibit.
IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the
above-described real property, including without limitation, the following permanently installed
and built-in items, if any: all equipment and appliances, valances, screens, shutters,
awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas,
mounts and brackets for televisions and speakers, heating and air-conditioning units, security and
fire detection equipment, wiring, plumbing and lighting _ fixtures, chandeliers, water softener
system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping,
outdoor cooking equipment, and all other property owned by Seller and attached to the above
described real property.
ACCESSORIES: The following described related accessories, if any: window air conditioning units,
stove, fireplace screens, curtains and
rods, blinds, window shades, draperies and rods, door keys,
mailbox keys, above ground pool, swimming pool equipment and maintenance accessories,
artificial fireplace logs, and controls for: (i) garage doors, (ii) entry gates, and (iii) other
improvements and accessories.
EXCLUSIONS: The following improvements and accessories will be retained by Seller and must
be removed prior to delivery of possession: N/A

E. RESERVATIONS: Any reservation for oil, gas, or other minerals, water, timber, or other interests is
made in accordance with an attached addendum.
SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing .... $ 17,000.00
B. Sum of all financing described in the attached: [xX] Third Party Financing Addendum,
{Loan Assumption Addendum, (Seller Financing Addendum $ 145,000.00
C.
LICENSE
Sales Price (Sum of A and B)
HOLDER DISCLOSURE: Texas law Tequires a real estate
$_____ 162,000.00
license holder who is a
party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the
license holder owns more than 10%, or a trust for which the license holder acts as a trustee or of
which the license holder or the license holder's spouse, parent or child is a beneficiary, to notify the
other party in writing before entering into a contract of sale. Disclose if applicable:

EARNEST MONEY: Within 3 days after the Effective Date, Buyer must deliver
$ 1,620.00 as earnest money to Old Republic Title , aS escrow agent, at
4690 Sweetwater Bivd., Suite 290, Sugar Land, TX 77479 (address). Buyer shall deliver additional
earnest money of $ N/A to escrow agent within N/A_ days after the Effective Date of this
contract. If Buyer fails to deliver the earnest money within the time required, Seller may terminate
this contract or exercise Seller's remedies under Paragraph 15, or both, by providing notice to Buyer
before Buyer delivers the earnest money. If the last day to deliver the earnest money falls on a
Saturday, Sunday, or legal holiday, the time to deliver the earnest money is extended until the end of
the next day that is not a Saturday, Sunday, or legal holiday. Time is of the essence for this
paragraph. J
TITLE POLICY AND SURVEY: Lw
A. TITLE POLICY: Seller shall furnish to Buyer at [x]Seller's [I lyer's expense an owner policy of title
insurance (Title Policy) issued by Old Republic Title (Title Company) in the
amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the
provisions of the Title Policy, subject to the promulgated exclusions (including existing building and
Zoning ordinances) and the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exception for standby fees, taxes and assessments.

Initialed for identification by Buyer _[y) and Seller TREC NO. 20-14
Daytown Realty LLC, 4555 highway 6 south, suite T-2 suger land TX 77478 Phone: (713)401-4637 Fax:(_)__~__ 2743 Old Fort Rd
‘Yufeng Siang Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N17 1J5_ www.wolf.com
Contract Concerning Page2 of 10 2-12-18
(Address of Property)

(3) Liens created as part of the financing described in Paragraph 3. the
dedication deed or plat of the subdivision in which
(4) Utility easements created by the
Property is located.
or as may be approved
() Reservations or exce

Case Info

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Surendran K. Pattel Track Judge’s New Case

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Document Filed Date

April 03, 2024

Case Filing Date

July 20, 2023

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Answer: Dongmei Pan v. Lihua Wang

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