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Cause Number 66216
Kelly Coleman In the District Court
Plaintiff,
versus
Emile Nassar, Robert Cummings, and
The Board of Trustees of the Pines
Condominium Association, Inc
of Harris County, Texas
Defendants
Action Premier Hauling,
Intervenor
Bob Wolfe
Defendant Judicial District
Action Premier Hauling, Inc.’s Second Amended Petition in Intervention
To the Honorable District Judge:
Action Premier Hauling, LLC, Intervenor, files this Second Amended Petition in
Intervention:
Parties
Intervenor is a Texas limited liability company registered to do business in the
state of Texas.
Kelly Coleman (“Plaintiff”), is an individual residing in Harris County, Texas,
and has appeared herein.
Emile Nassar, Robert Cummings, and the Board of Trustees of the Pines
Condominium Association, Inc. (collectively “Defendants”), have been served
Second Amended Petition in Intervention Page
with the original underlying lawsuit, and have appeared herein.
4. Bob Wolfe (“Wolfe”), is an individual residing in Harris County, Texas upon
which a process server can serve at 7001 Corporate Drive, Suite 216, Houston,
Texas 77036.
5. Intervenor intends to conduct discovery under Level 2 of Rule 190. Intervenor
seeks monetary relief of over $200,000.000, but not more than $1,000,000.00.
The Underlying Lawsuit
6. On October 5, 2017, Plaintiff sued Defendants for alleged violations of the Open
Meetings Act, fraud, breach of fiduciary duty, conversion, and sought injunctive
relief. Plaintiff did not sue Intervenor.
7. On October 5, 2017, Plaintiff obtained a Temporary Restraining Order in this
Court. The order specifically prohibits any Defendant from paying Intervenor,
even though Intervenor is not a party to this lawsuit.
8. On October 19, 2017, the parties engaged in a temporary injunction hearing,
wherein the Court allowed Intervenor to be paid. However, Defendants refused
to pay Intervenor.
9. On September 10, 2017, the Pines Condominium Association, Inc. (the
“Association”), through its president, Emile Nassar, entered into a contract with
Intervenor to provide containers and cleanup of the entire condominium complex
after the devastation of Hurricane Harvey. Intervenor was one of many
companies to bid on the services for this work.
10. Intervenor provided all work at the agreed upon prices, but the Association was
Second Amended Petition in Intervention - Page 2
unable to pay its final payment due to this lawsuit. It appears that Plaintiff
claims that one of the owners of Intervenor is a board member’s son. This claim
is completely fictitious. Intervenor’s owner Matthew Moody is not related to any
board member, resident, or owner of the Pines Condominiums. Intervenor never
heard of Pines Condominium until a few days before the Association entered into
the contract with Intervenor.
11. This job was a large-scale cleanup for more than 250 units, for which Intervenor
provided many hours, labor and equipment. Intervenor was very efficient and
timely and had no complaints regarding Intervenor’s job performance.
Intervenor knows nothing of any claims regarding meetings or removal of board
members. Plaintiff has involved Intervenor in her fight with Defendants, and has
prevented Defendants from paying Intervenor the final $319,725.00, that is owed.
12. On October 3, 2017, the Association, through an executive session, ratified the
contract and approved full payment to Intervenor.
13. At the October 19, 2017, temporary injunction hearing, the owner of the
Association’s management company admitted that condominium owners
Coleman and Wolfe contacted the Association and demanded the management
company to stop payment on the payment to Intervenor because a lawsuit and
temporary restraining order was in the works. If not for Coleman and Wolfe’s
direct interference, Intervenor would have been paid.
14. Despite repeated demands and the fact that the Association had previously
approved payment to Intervenor, the Association has refused to pay Intervenor.
Second Amended Petition in Intervention - Page 3
15. On October 30, 2017, Intervenor filed an Affidavit of Mechanic’s Lien in the
Harris County Property Records on the Condominium Complex:
The following described Condominium Units and Limited Common
Elements appurtenant thereto, together with an undivided interest in the
General Common Elements located in and being part of THE PINES
CONDOMINIUMS, a Condominium Project in Harris County, Texas, as
fully described in and as located, delineated and as defined in the
Condominium Declaration together with the Survey Plat, By-Laws and
Exhibits attached thereto, recorded in/under Volume 48, page 38, Volume
53, Page 102, Volume 53, Page 103, Volume 100, Page 127, Volume 157,
Page 37 and under Film Code Numbers 162019, 204260, 210076, 210226,
211139, 211140 and 211142, of the Condominium Records of Harris
County, Texas.
Tortious Interference with Existing Contract
16. Defendant and Intervenor had a valid contract. Coleman and Wolfe willfully and
intentionally interfered with the contract, which proximately caused Intervenor’s
injury.
17. Intervenor seeks actual damages, exemplary damages, interest, court costs, and
attorney fees.
Breach of Contract
18. The Association and Intervenor had a valid, enforceable contract. Intervenor
performed its contractual obligations, but the Association breach the contract by
refusing to pay $327,575.00.
19. The Association’s breach caused Intervenor’s injury.
20. Intervenor seeks actual damages, damage for loss of business reputation, interest,
court costs, and attorney fees for trial, preparation and appellate.
21. All conditions precedents have been performed.
Second Amended Petition in Intervention - Page 4
Judicial Foreclosure of Mechanic’s Lien
22. Intervenor seeks judicial foreclosure of its October 30, 2017, Affidavit of
Mechanic’s Lien. The lien affidavit is filed in the Harris County Property
Records. The Association is the owner of certain units and common areas of the
condominium complex.
23. Intervenor seeks actual damages, interest, court costs, attorney fees and judicial
foreclosure of the property listed in paragraph 16, supra.
Prayer
Action Premier Hauling, LLC, Intervenor, prays that, upon final hearing, the Court grant
the relief set forth above, award actual damages far in excess of this Court’s minimum
jurisdictional amount, award court costs, interest, exemplary damages, attorney fees and judicial
foreclosure of the property as set forth above, and grant such other relief to which Action
Premier Hauling, LLC may show itself entitled.
Respectfully submitted,
________/s Travis Owens
Travis Owens
Texas Bar Number 24065859
Owens Law Group, P.L.L.C.
P.O. Box 8605
The Woodlands, TX 77387
Tel. (936) 828-3583
Fax. (832) 327-9187
travis@owens-lawgroup.com
Attorney for Intervenor
Second Amended Petition in Intervention - Page 5
CERTIFICATE OF SERVICE
I certify that on December 13, 2017, a true and correct copy of the foregoing was served
to each person listed below, via e-file, pursuant to Texas Rules of Civil Procedure 21 and 21a.
Robert C. E. Wolfe
7001 Corporate Drive, Suite 216
Houston, Texas 77036
texaslawhelp@yahoo.com
William S. Chesney, III
9225 Katy Fwy, Suite 250
Houston, Texas 77024
wchesney@felct.com
________/s Travis Owens
Travis Owens
Second Amended Petition in Intervention - Page 6
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Cause Number 66216 Kelly Coleman In the District Court Plaintiff, versus Emile Nassar, Robert Cummings, and The Board of Trustees of the Pines Condominium Association, Inc of Harris County, Texas Defendants Action Premier Hauling, Intervenor Bob Wolfe Defendant Judicial District Action Premier Hauling, Inc.’s Second Amended Petition in Intervention To the Honorable District Judge: Action Premier Hauling, LLC, Intervenor, files this Second Amended Petition in Intervention: Parties Intervenor is a Texas limited liability company registered to do business in the state of Texas. Kelly Coleman (“Plaintiff”), is an individual residing in Harris County, Texas, and has appeared herein. Emile Nassar, Robert Cummings, and the Board of Trustees of the Pines Condominium Association, Inc. (collectively “Defendants”), have been served Second Amended Petition in Intervention Page with the original underlying lawsuit, and have appeared herein. 4. Bob Wolfe (“Wolfe”), is an individual residing in Harris County, Texas upon which a process server can serve at 7001 Corporate Drive, Suite 216, Houston, Texas 77036. 5. Intervenor intends to conduct discovery under Level 2 of Rule 190. Intervenor seeks monetary relief of over $200,000.000, but not more than $1,000,000.00. The Underlying Lawsuit 6. On October 5, 2017, Plaintiff sued Defendants for alleged violations of the Open Meetings Act, fraud, breach of fiduciary duty, conversion, and sought injunctive relief. Plaintiff did not sue Intervenor. 7. On October 5, 2017, Plaintiff obtained a Temporary Restraining Order in this Court. The order specifically prohibits any Defendant from paying Intervenor, even though Intervenor is not a party to this lawsuit. 8. On October 19, 2017, the parties engaged in a temporary injunction hearing, wherein the Court allowed Intervenor to be paid. However, Defendants refused to pay Intervenor. 9. On September 10, 2017, the Pines Condominium Association, Inc. (the “Association”), through its president, Emile Nassar, entered into a contract with Intervenor to provide containers and cleanup of the entire condominium complex after the devastation of Hurricane Harvey. Intervenor was one of many companies to bid on the services for this work. 10. Intervenor provided all work at the agreed upon prices, but the Association was Second Amended Petition in Intervention - Page 2 unable to pay its final payment due to this lawsuit. It appears that Plaintiff claims that one of the owners of Intervenor is a board member’s son. This claim is completely fictitious. Intervenor’s owner Matthew Moody is not related to any board member, resident, or owner of the Pines Condominiums. Intervenor never heard of Pines Condominium until a few days before the Association entered into the contract with Intervenor. 11. This job was a large-scale cleanup for more than 250 units, for which Intervenor provided many hours, labor and equipment. Intervenor was very efficient and timely and had no complaints regarding Intervenor’s job performance. Intervenor knows nothing of any claims regarding meetings or removal of board members. Plaintiff has involved Intervenor in her fight with Defendants, and has prevented Defendants from paying Intervenor the final $319,725.00, that is owed. 12. On October 3, 2017, the Association, through an executive session, ratified the contract and approved full payment to Intervenor. 13. At the October 19, 2017, temporary injunction hearing, the owner of the Association’s management company admitted that condominium owners Coleman and Wolfe contacted the Association and demanded the management company to stop payment on the payment to Intervenor because a lawsuit and temporary restraining order was in the works. If not for Coleman and Wolfe’s direct interference, Intervenor would have been paid. 14. Despite repeated demands and the fact that the Association had previously approved payment to Intervenor, the Association has refused to pay Intervenor. Second Amended Petition in Intervention - Page 3 15. On October 30, 2017, Intervenor filed an Affidavit of Mechanic’s Lien in the Harris County Property Records on the Condominium Complex: The following described Condominium Units and Limited Common Elements appurtenant thereto, together with an undivided interest in the General Common Elements located in and being part of THE PINES CONDOMINIUMS, a Condominium Project in Harris County, Texas, as fully described in and as located, delineated and as defined in the Condominium Declaration together with the Survey Plat, By-Laws and Exhibits attached thereto, recorded in/under Volume 48, page 38, Volume 53, Page 102, Volume 53, Page 103, Volume 100, Page 127, Volume 157, Page 37 and under Film Code Numbers 162019, 204260, 210076, 210226, 211139, 211140 and 211142, of the Condominium Records of Harris County, Texas. Tortious Interference with Existing Contract 16. Defendant and Intervenor had a valid contract. Coleman and Wolfe willfully and intentionally interfered with the contract, which proximately caused Intervenor’s injury. 17. Intervenor seeks actual damages, exemplary damages, interest, court costs, and attorney fees. Breach of Contract 18. The Association and Intervenor had a valid, enforceable contract. Intervenor performed its contractual obligations, but the Association breach the contract by refusing to pay $327,575.00. 19. The Association’s breach caused Intervenor’s injury. 20. Intervenor seeks actual damages, damage for loss of business reputation, interest, court costs, and attorney fees for trial, preparation and appellate. 21. All conditions precedents have been performed. Second Amended Petition in Intervention - Page 4 Judicial Foreclosure of Mechanic’s Lien 22. Intervenor seeks judicial foreclosure of its October 30, 2017, Affidavit of Mechanic’s Lien. The lien affidavit is filed in the Harris County Property Records. The Association is the owner of certain units and common areas of the condominium complex. 23. Intervenor seeks actual damages, interest, court costs, attorney fees and judicial foreclosure of the property listed in paragraph 16, supra. Prayer Action Premier Hauling, LLC, Intervenor, prays that, upon final hearing, the Court grant the relief set forth above, award actual damages far in excess of this Court’s minimum jurisdictional amount, award court costs, interest, exemplary damages, attorney fees and judicial foreclosure of the property as set forth above, and grant such other relief to which Action Premier Hauling, LLC may show itself entitled. Respectfully submitted, ________/s Travis Owens Travis Owens Texas Bar Number 24065859 Owens Law Group, P.L.L.C. P.O. Box 8605 The Woodlands, TX 77387 Tel. (936) 828-3583 Fax. (832) 327-9187 travis@owens-lawgroup.com Attorney for Intervenor Second Amended Petition in Intervention - Page 5 CERTIFICATE OF SERVICE I certify that on December 13, 2017, a true and correct copy of the foregoing was served to each person listed below, via e-file, pursuant to Texas Rules of Civil Procedure 21 and 21a. Robert C. E. Wolfe 7001 Corporate Drive, Suite 216 Houston, Texas 77036 texaslawhelp@yahoo.com William S. Chesney, III 9225 Katy Fwy, Suite 250 Houston, Texas 77024 wchesney@felct.com ________/s Travis Owens Travis Owens Second Amended Petition in Intervention - Page 6