On June 25, 2013 a
Answer
was filed
involving a dispute between
Kb Home Lone Star Inc,
and
Cyk Kings Lake Estates Llc,
Gckm Limited Partnership,
Guniganti, Prabhaker,
Kl-5 Llc,
Yalamanchili, Chowdury,
for BREACH OF CONTRACT
in the District Court of Harris County.
Preview
Filed 13 August 27 A11:19
Chris Daniel - District Clerk
Harris Coun’
ED101) 017: 7665
By: Shanelle L. Taylor
NO. 2013-37599
KB HOME Lone Star Inc. § IN THE DISTRICT COURT OF
§
Vv. §
GCKM Limited Partnership; KL-5, LLC;§ HARRIS COUNTY, TEXAS
CY Kings Lake Estates, LLC; §
PRABHAKER GUNIGANTI; AND §
CHOWDURY YALAMANCHILI § 11 JUDICIAL DISTRICT
DEFENDANTS’ SUPPLEMENT TO ORIGINAL ANSWER
KL-5, LLC and PRABHAKER GUNIGANTI, (collectively “Defendants”) file this
Supplement to their Original Answer and Affirmative Defenses as follows:
6 Additionally, and without waiving the answer and affirmative defenses previously
alleged herein, Defendant Prabhaker Guniganti (“Guniganti”) has no liability in his personal
capacity to Plaintiff and Plaintiff has pleaded no basis for suing him individually. Defendant
Guniganti sould be dismissed immediately and awarded his costs and attorneys’ fees.
7 Additionally, and without waiving the foregoing, Defendants would show that
Plaintiff has not performed all conditions precedent required before filing this lawsuit.
Furthermore, the Agreement cannot be specifically performed as sought by Plaintiff.
WHEREFORE, PREMISES CONSIDERED, Defendants pray that all claims asserted
by Plaintiff herein be DENIED WITH PREJUDICE to refilling of same, that Defendants recover
all attorneys’ fees reasonably and necessarily incurred, and that they have such other and further
relief, both general and special, to which they may show themselves justly entitled.
Respectfully submitted,
WILSON, CRIBBS & GOREN, P.C.
TBN: 04732500
Brandon Hedblom
TBN: 24036746
2500 Fannin Street
Houston, Texas 77002
Tel: 713-222-9000
Fax: 713-229-8824
ATTORNEYS FOR DEFENDANTS,
KL-5, LLC and PRABHAKER GUNIGANTI
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of this document was forwarded to all parties of
record by certified mail, return receipt requested and/or by facsimile on this ot fday of August, 2013.
Lawrence J. West
Johnson, Trent, West & Taylor, LLP
919 Milam, Suite 1700
Houston, Texas 77002
Harvey J. Heller
Boyer Short
9 Greenway Plaza, Suite 3100
LE
Houston, Texas 77046
r a.
Zo
H’ Fred Cook”
7
Document Filed Date
August 27, 2013
Case Filing Date
June 25, 2013
Category
BREACH OF CONTRACT
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Filed 13 August 27 A11:19 Chris Daniel - District Clerk Harris Coun’ ED101) 017: 7665 By: Shanelle L. Taylor NO. 2013-37599 KB HOME Lone Star Inc. § IN THE DISTRICT COURT OF § Vv. § GCKM Limited Partnership; KL-5, LLC;§ HARRIS COUNTY, TEXAS CY Kings Lake Estates, LLC; § PRABHAKER GUNIGANTI; AND § CHOWDURY YALAMANCHILI § 11 JUDICIAL DISTRICT DEFENDANTS’ SUPPLEMENT TO ORIGINAL ANSWER KL-5, LLC and PRABHAKER GUNIGANTI, (collectively “Defendants”) file this Supplement to their Original Answer and Affirmative Defenses as follows: 6 Additionally, and without waiving the answer and affirmative defenses previously alleged herein, Defendant Prabhaker Guniganti (“Guniganti”) has no liability in his personal capacity to Plaintiff and Plaintiff has pleaded no basis for suing him individually. Defendant Guniganti sould be dismissed immediately and awarded his costs and attorneys’ fees. 7 Additionally, and without waiving the foregoing, Defendants would show that Plaintiff has not performed all conditions precedent required before filing this lawsuit. Furthermore, the Agreement cannot be specifically performed as sought by Plaintiff. WHEREFORE, PREMISES CONSIDERED, Defendants pray that all claims asserted by Plaintiff herein be DENIED WITH PREJUDICE to refilling of same, that Defendants recover all attorneys’ fees reasonably and necessarily incurred, and that they have such other and further relief, both general and special, to which they may show themselves justly entitled. Respectfully submitted, WILSON, CRIBBS & GOREN, P.C. TBN: 04732500 Brandon Hedblom TBN: 24036746 2500 Fannin Street Houston, Texas 77002 Tel: 713-222-9000 Fax: 713-229-8824 ATTORNEYS FOR DEFENDANTS, KL-5, LLC and PRABHAKER GUNIGANTI CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of this document was forwarded to all parties of record by certified mail, return receipt requested and/or by facsimile on this ot fday of August, 2013. Lawrence J. West Johnson, Trent, West & Taylor, LLP 919 Milam, Suite 1700 Houston, Texas 77002 Harvey J. Heller Boyer Short 9 Greenway Plaza, Suite 3100 LE Houston, Texas 77046 r a. Zo H’ Fred Cook” 7