On May 02, 2019 a
RESPONSE - IN OPPOSITION TO DEFT'S M/ PARTIAL SUMMARY JUDGMENT
was filed
involving a dispute between
Allen, Yolanda M,
and
Habash, Sami,
Neo Proteus Llc,
Sahoury, Christine,
Sams, Clayton,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
M a UQZ/flfi
ELM;
YOLANDA M. ALLEN, § IN THE DISTRI RICT COURT
Plaintiff, §
20255m: i0 AH IO: 0t.
Vs. § Q
DISTRICTmz-“mm‘fl;
SAMI HABASH and
§
§
160th
“W m
'3‘
$231
WAS
CHRISTINE SAHOURY §
WWWWWWDEPUTY
Defendants §
§
VICKI ALEXANDER § DALLAS COUNTY, TEXAS
Third Party Defendant §
THIRD PARTY DEFENDANTS RESPONSE IN OPPOSITION TO DEFENDANT’S
MOTION FOR PARTIAL SUMMARY JUDGMENT
Pursuant to Rule 166a 0f the Texas Rules of Civil Procedure and the arguments and
authorities herein, Third Party Defendant’s files Response in Opposition to Defendant’s Motion
for PaIfial Summary Judgment, as follows:
Preliminary Statement
The Motion for Partial Summary should be denied because Defendant’s are not entitled to
force me t0 release the lien.
Procedural and Factual Background
Yolanda Allen is the legal owner of the property located at 1623 S. Westmoreland Road,
Glenn Heights, Texas 75 1 54. The deed was fraudulent transferred to Clayton Sams on or about
February 29, 2019. Clayton Sams then fraudulent transferred the deed to Sami Habash and
Christine Sahoury on or about July 6, 201 7. On August 19, 2019, I filed a Mechanics lien
against the property located at 1623 S. Westmoreland Road, Glenn Heights, Texas 75154. My
lien is for improvements t0 the said property then owned by Yolanda Allen. At some point,
Sami Habash and Christine Sahoury illegally acquired the property from Yolanda Allen. The
lien filed is to secure my interest for the improvements to the property. The title to the property
is stillin litigation in this Court. Ms. Allen is a personal friend and was living in her home that
was incomplete. I loaned Ms. Allen money to make her home livable with the understanding 0f
THIRD PARTY DEFENDANTS RESPONSE MOTION FOR PARTIAL SUMMARY JUDGMENT
The was properly
repayment from a future equity loan once the house was completed.
lien
was owned by
recorded and is a valid lien for actual materials purchased for the home, which
Yolanda Allen. I am at no point interested in signing away my lien 0n the property without
payment in full.
Arguments
fail t0
The Defendants Motion for Partial Summary Judgment should be denied because they
burden to show they are entitled to judgment as a matter of law.
The Defendants Sami
meet their
clear title to the property at 1623 S. Westmoreland
Habash and Christine Sahoury do not have
may be based on uncontroverted evidence,
Road, Glenn Heights, Texas. Summary Judgment
however, the title t0 the said property is not clear and free from contradictions.
Summary and Conclusions
For the foregoing reasons, Defendants Sami Habash and Christine
Sahoury Motion
should be Denied in all respects.
Respectfully s itted,
\
Vicki Alekander
524 Newcastle Dr.
Desoto, Texas 751 15
JUDGMENT
THIRD PARTY DEFENDANTS RESPONSE MOTION FOR PARTIAL SUMMARY
CERTIFICATE OF SERVICE
Icertify that a true and correct copy of the foregoing was served on all counsel of record
on January 10, 2020 Via email in accordance with the Texas Rules of Civil Procedure.
Marguerite Broussard
Marguerite Broussard PC.
300 Decker Drive, Suite 100,
Irving, Texas 75063
Attorney for Sami Habash and Christine Sahoury
mbroussard@br0ussardlawfirm.com
Gustave & Ananti
Blessing O. Ananti
Tonyce A. Gustave
1341 W. Mockingbird Ln. Ste 600
Dallas, TX 75247
blessing@theg02firm.com
tonvce@thego2firm.com
THIRD PARTY DEFENDANTS RESPONSE MOTION FOR PARTIAL SUMMARY JUDGMENT
Document Filed Date
January 10, 2020
Case Filing Date
May 02, 2019
Category
CNTR CNSMR COM DEBT
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M a UQZ/flfi ELM; YOLANDA M. ALLEN, § IN THE DISTRI RICT COURT Plaintiff, § 20255m: i0 AH IO: 0t. Vs. § Q DISTRICTmz-“mm‘fl; SAMI HABASH and § § 160th “W m '3‘ $231 WAS CHRISTINE SAHOURY § WWWWWWDEPUTY Defendants § § VICKI ALEXANDER § DALLAS COUNTY, TEXAS Third Party Defendant § THIRD PARTY DEFENDANTS RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT Pursuant to Rule 166a 0f the Texas Rules of Civil Procedure and the arguments and authorities herein, Third Party Defendant’s files Response in Opposition to Defendant’s Motion for PaIfial Summary Judgment, as follows: Preliminary Statement The Motion for Partial Summary should be denied because Defendant’s are not entitled to force me t0 release the lien. Procedural and Factual Background Yolanda Allen is the legal owner of the property located at 1623 S. Westmoreland Road, Glenn Heights, Texas 75 1 54. The deed was fraudulent transferred to Clayton Sams on or about February 29, 2019. Clayton Sams then fraudulent transferred the deed to Sami Habash and Christine Sahoury on or about July 6, 201 7. On August 19, 2019, I filed a Mechanics lien against the property located at 1623 S. Westmoreland Road, Glenn Heights, Texas 75154. My lien is for improvements t0 the said property then owned by Yolanda Allen. At some point, Sami Habash and Christine Sahoury illegally acquired the property from Yolanda Allen. The lien filed is to secure my interest for the improvements to the property. The title to the property is stillin litigation in this Court. Ms. Allen is a personal friend and was living in her home that was incomplete. I loaned Ms. Allen money to make her home livable with the understanding 0f THIRD PARTY DEFENDANTS RESPONSE MOTION FOR PARTIAL SUMMARY JUDGMENT The was properly repayment from a future equity loan once the house was completed. lien was owned by recorded and is a valid lien for actual materials purchased for the home, which Yolanda Allen. I am at no point interested in signing away my lien 0n the property without payment in full. Arguments fail t0 The Defendants Motion for Partial Summary Judgment should be denied because they burden to show they are entitled to judgment as a matter of law. The Defendants Sami meet their clear title to the property at 1623 S. Westmoreland Habash and Christine Sahoury do not have may be based on uncontroverted evidence, Road, Glenn Heights, Texas. Summary Judgment however, the title t0 the said property is not clear and free from contradictions. Summary and Conclusions For the foregoing reasons, Defendants Sami Habash and Christine Sahoury Motion should be Denied in all respects. Respectfully s itted, \ Vicki Alekander 524 Newcastle Dr. Desoto, Texas 751 15 JUDGMENT THIRD PARTY DEFENDANTS RESPONSE MOTION FOR PARTIAL SUMMARY CERTIFICATE OF SERVICE Icertify that a true and correct copy of the foregoing was served on all counsel of record on January 10, 2020 Via email in accordance with the Texas Rules of Civil Procedure. Marguerite Broussard Marguerite Broussard PC. 300 Decker Drive, Suite 100, Irving, Texas 75063 Attorney for Sami Habash and Christine Sahoury mbroussard@br0ussardlawfirm.com Gustave & Ananti Blessing O. Ananti Tonyce A. Gustave 1341 W. Mockingbird Ln. Ste 600 Dallas, TX 75247 blessing@theg02firm.com tonvce@thego2firm.com THIRD PARTY DEFENDANTS RESPONSE MOTION FOR PARTIAL SUMMARY JUDGMENT