On April 18, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Sharpstown Civil Association Inc,
and
Lu, Yifeng,
Wang, Sufen,
for Debt/Contract - Debt/Contract
in the District Court of Harris County.
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AUSE - 26058
SHARPSTOWN CIVIC ASSOCIATION § IN THE DISTRICT COURT
Inc. §
Plaintiff §
§
§
§ HARRIS COUNTY, TEXAS
§
§
YIFENG LU AND SUFEN WANG §
Defendants § 151st JUDICIAL DISTRICT
MOTION TO ENFORCE RULE 11 AGREEMENT
Yifeng Lu and Sufen Wang Defendants ask the Court to review and enforce ad Rule
11 agreement between the then pro-se Defendants and the attorney for the Plaintiff Civic
Association and would show as follows:
This case involves enforcement of Deed Restrictions by a Civic Association against
a resident of the subdivision.
After the lawsuit was filed, Plaintiff filed a motion for summary judgment which was set for
hearing on or about May 25 , 2018. The Defendants represented themselves at that time. The
court apparently suggested the parties go to the hallway to work out a settlement which the
Defendant’s did agree to. The parties reentered the court room and recited the agreement into the
record as required by Rule 11. A copy of that transcript is attached hereto and incorporated herein
for all purposes. See page 7 of the transcript. Plaintiff’s attorney apparently sent settlement
documents including in attorney fees that were more than double the amount agreed upon.
conflict ensued over the enlarged attorney fee billing. The Defendants later hired the undersigned
attorney who obtained a copy of the court transcript and presented it to the Plaintiff’s attorneyin an
effort to obtain compliance with the agreement recited to the court. Plaintiff Civic Association
indicated that it would not comply, thus requiring this presentation to the court seeking enforcement
of that settlement.
Defendants would ask the Court to enter an Order compelling the Plaintiff
Association to comply with the agreement and to award attorney fees to Defendants for its
additional efforts to bring about enforcement of that agreement
WHEREFORE, PREMISES CONSIDERED, Defendants pray that the Court
review the transcript and enter an order as requested by the Defendants.
RESPECTFULLY SUBMITTED,
____________________________
DANIEL JOSEPH FAY
6588 Corporate Drive, Suite 300
Houston, Texas 77036
Telephone: 713/626-2300
Facsimile: 713-772-2301
TBA No. 06868400
E-Mail: danfay@swbell.net
Attorney for Defendants
CERTIFICATE OF SERVICE
This is to certify that I have complied with Rules 21 and 21a of the Texas Rules of Civil
Procedure on the 15th day of July, 2020.
____________________________
DANIEL JOSEPH FAY
Document Filed Date
July 15, 2020
Case Filing Date
April 18, 2018
Category
Debt/Contract - Debt/Contract
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AUSE - 26058 SHARPSTOWN CIVIC ASSOCIATION § IN THE DISTRICT COURT Inc. § Plaintiff § § § § HARRIS COUNTY, TEXAS § § YIFENG LU AND SUFEN WANG § Defendants § 151st JUDICIAL DISTRICT MOTION TO ENFORCE RULE 11 AGREEMENT Yifeng Lu and Sufen Wang Defendants ask the Court to review and enforce ad Rule 11 agreement between the then pro-se Defendants and the attorney for the Plaintiff Civic Association and would show as follows: This case involves enforcement of Deed Restrictions by a Civic Association against a resident of the subdivision. After the lawsuit was filed, Plaintiff filed a motion for summary judgment which was set for hearing on or about May 25 , 2018. The Defendants represented themselves at that time. The court apparently suggested the parties go to the hallway to work out a settlement which the Defendant’s did agree to. The parties reentered the court room and recited the agreement into the record as required by Rule 11. A copy of that transcript is attached hereto and incorporated herein for all purposes. See page 7 of the transcript. Plaintiff’s attorney apparently sent settlement documents including in attorney fees that were more than double the amount agreed upon. conflict ensued over the enlarged attorney fee billing. The Defendants later hired the undersigned attorney who obtained a copy of the court transcript and presented it to the Plaintiff’s attorneyin an effort to obtain compliance with the agreement recited to the court. Plaintiff Civic Association indicated that it would not comply, thus requiring this presentation to the court seeking enforcement of that settlement. Defendants would ask the Court to enter an Order compelling the Plaintiff Association to comply with the agreement and to award attorney fees to Defendants for its additional efforts to bring about enforcement of that agreement WHEREFORE, PREMISES CONSIDERED, Defendants pray that the Court review the transcript and enter an order as requested by the Defendants. RESPECTFULLY SUBMITTED, ____________________________ DANIEL JOSEPH FAY 6588 Corporate Drive, Suite 300 Houston, Texas 77036 Telephone: 713/626-2300 Facsimile: 713-772-2301 TBA No. 06868400 E-Mail: danfay@swbell.net Attorney for Defendants CERTIFICATE OF SERVICE This is to certify that I have complied with Rules 21 and 21a of the Texas Rules of Civil Procedure on the 15th day of July, 2020. ____________________________ DANIEL JOSEPH FAY