Motion,Ex Parte: XU, HUA vs. LAM, DAVID K (AKA KA PUN LAM)

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                                CAUSE NO, 2010-79571


Xu Hua, Plaintiff                                     IN THE DISTRICT COURT


                                Ss
V.
                           Yo                         OF HARRIS COUNTY,            TEXAS
                                 On
David K. Lam            vo      rok

                    Sage oe Ap
                                oer
Tian Jia
Defendants                se
                                        DY             189th    JUDICIAL DISTRICT
                               Ye
                   Me
                               ION TO TAKE JUDICIAL NOTICE


TO THE HONORABLE JUDGE OF SAID COURT:

         NOW COMES, Tian Jia, defendant, in the above numbered and
 entitled Cause, requests this court to take judicial notice, pursuant to Texas
 Rule of Evidence Rule 201, for the following matters

 1.1 A Notice of Appeal has been filed with the 14th Court of Appeals on
 Dec 26, 2012. The assigned case number is 14-12-01165-CV. An appellant
 BRIEF has been filed on Feb. 5, 2013. A copy of the BRIEF is incorporated
 by reference as Exhibit A.             Hua Xu, Plaintiffs REPLY      BRIEF     is due on
 February 25,     2013.    Hua Xu could present any non-frivolous arguments to
 the 14th Court of Appeals on or before of the deadline to submit a REPLY
 BRIEF

 1.2 Plaintiff's First Amended Original Petition, Request for Production
 and Request for Disclosure filed on January 13, 2013 and Opposition to
 Defendant Tian's Motion for Permission to Appeal, filed on February 7
 2013,   should    be rejected          for non-conforming     to Texas Rules    of Civil
 Procedure Rule 57, and imposition of appropriate sanctions under                Rule 13
 Exhibit B.
Rule 57 SIGNING OF PLEADINGS

Every pleading of a party represented by an attorney shall be signed by at
least one attorney of record in his individual name,    with his State Bar of
Texas identification number.......

Rule 13 EFFECT OF SIGNING PLEADINGS, MOTIONS AND
OTHER PAPERS, SANCTIONS.

The signatures of attorneys or parties constitute a Certificate by them that
they have read the pleading, motion, or other papers, that to the best of their
knowledge, information, and belief formed after reasonable inquiry the
instrument is not groundless and bought in bad faith or bought for the
purpose of harassment ... shall impose an appropriate sanctions available
under rule 215(2)(b)


1.3 Defendant, Tian Jia, request this Court to grant any reliefs, in laws or in
equity, in which she may be entitled.




Respectfully submitted,


   ee       Se
Tian Jia, Defendant
13007 Greenway Chase Court
Houston, Texas 77072
Tel: 713-828-8305
Fax: 281-575-6983
E-mail: ngltian@yahoo.com
CERTIFICATE OF SERVICE


                                                                     with the
      I hereby certify that this document was served in co: mpliance
Texas Rules of civil procedure on this the Febi     8, 2013, on the following
attorneys of record:                                   —
                                               lian          ‘&

                                                  Tian Jia



Carlos A. Peniche
Lam, Lyn & Philip, PC
3555 Timmons Lane, Suite 790
Houston, Texas 77027
Via fax: (713)-772-7085

YanPin Yang
6689 W. Sam Houston
Pkwy South, Suite 302
Houston, Texas 77072
 Via Fax: (713)271-9265