FILED

DALLAS COUNTY
9/10/2014 4:28:47 PM
GARY FITZSIMMONS
DISTRICT CLERK

1 CIT-ATTY

Underwood Christi
CAUSE NO. DC-14-03874
LAN
HUNG
NGUYEN,
INDIVIDUALLY AND d/b/a DANCE
WITH ME STUDIO,
Plaintiff,
v.
VERP INVESTMENT, LLC, DUONG
VU TRIEU TRUONG, CHI LY, KEN
NGUYEN AND CD MIDWAY LLC
Defendant.

IN THE DISTRICT COURT

134th JUDICIAL DISTRICT

DALLAS COUNTY TEXAS

DEFENDANTS ORIGINAL COUNTER-CLAIMS AND THIRD-PARTY CLAIMS

TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, VERP Investment, LLC and CD MWAY, LLC and files this their
Original Counter-Claims and Third-Party Claims complaining of and against Linda
Thutrang Do, Son Tuong Do and Jane Nguyen, and, for cause would respectfully show
unto this Honorable Court as follows:
DISCOVERY CONTROL PLAN
1.

Discovery shall be conducted under Level 3 pursuant to Rule 190.3 of the

TEXAS RULES OF CIVIL PROCEDURE.

PARTIES
2.

Plaintiff/Counter-Defendant Lan Nguyen (Nguyen) has already made

an appearance in this lawsuit and may be served by and through his counsel of record.
Defendant/Counter Plaintiff Verp Investment, LLC has already made an appearance in
this lawsuit and may be served by and through its counsel of record.
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3.

Defendant Duong Vu Trieu has already made an appearance in this

lawsuit and may be served by and through his counsel of record.

4.

Defendant Chi Ly has already made an appearance in this lawsuit and

may be served by and through her counsel of record.

5.

Defendant Ken Nguyen has already made an appearance in this lawsuit

and may be served by and through his counsel of record.

6.

Defendant/Counter

Plaintiff

CD

MWAY

has

already

made

an

appearance in this lawsuit and may be served by and through its counsel of record.
7.

Third Party Defendant Linda Thutrang Do is a resident of Collin County,

Texas who may served with process at 6604 Wood Hollow Court, Plano Texas 750246060 or wherever she may be found.
8.

Third Party Defendant Son Tuong Do is a resident of Collin County,

Texas who may served with process at 6604 Wood Hollow Court, Plano Texas 750246060 or wherever he may be found.
9.

Third Party Defendant Jane Nguyen is a resident of Collin County who

may be served with process at 503 Lone Ridge Way, Murphy, Texas 75094-2617.
JURISDICTION & VENUE
10.

Jurisdiction is proper in this Court as the relief requested falls within the

jurisdictional limits of the Court. Venue is proper in Dallas County, Texas, pursuant to
Chapter 15 of the Texas Civil Practice and Remedies Code because among other
reasons all, or a substantial portion, of the events involved in this lawsuit occurred in
Dallas County, Texas.

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11.

Jurisdiction is proper in this Court as the damages fall within the

jurisdictional limits of this Court. Pursuant to TEX. R. CIV. P. 47 Counter-Plaintiff/ThirdParty Plaintiff seeks monetary relief over $1,000,000.00. 1
INTRODUCTION
12.

A con artist is a person adept at swindling by means of confidence games;

swindler. Nguyen is a professional con artist. Upon information and belief, Nguyen
opens and closes clubs and other businesses shortly after he receives money from
third-party investors sought out by Nguyen to invest in his various businesses. Nguyen
also purports to own an internet television station which was recently shut down
because it was illegally using copyrighted material without authorization.
13.

Now, Nguyen and his cohorts have launched an unlawful scheme to extort

money from Defendants to get them to pay sums of money to which they are not
entitled through intimidation, threats, harassment and this lawsuit. This

suit

is

the

vehicle through which VERP and CD MWAY can recover against the unlawful acts of
VERPS former tenant Nguyen and three (3) individuals who are attempting to create a
stressful situation for VERP and its new tenant CD MWAY, put VERP and its new
tenant under duress, falsely prosecute claims where none exist, and attempt to extort
money from them.
FACTS
14.

Some time in December 2012, VERP meet with Linda Trang Do (Do)

and Hung Lan Nguyen at Bistro B restaurant because they were expressing interest in
leasing the ballroom together. That said, Nguyen filled out an application to lease Suite

1
Counter-Plaintiff/Third-Party Plaintiff reserves the right to amend, decrease and/or increase the amount of damages plead based
on evidence developed before trial.

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114, Walnut Street Mall, 9750 Walnut Street, Dallas, Texas 75243 (the Ballroom) on
January 11, 2013 and Linda Do filled out an application on February 2, 2013.
15.

While waiting for their applications to be approved, Do signed an

agreement with VERP to rent the ballroom on June 29, 2013 and August 31, 2013 for
specific events she was having.
16.

In the meantime, while waiting to finalize the lease with Do and Nguyen,

Do called VERP citing a disagreement with Nguyen over the terms of lease and was
withdrawing her application. Nguyen wanted to rent the entire ballroom at a set monthly
base rent to have control over the activities while Do wanted to rent the ballroom per
event and pay a lesser rental amount.
17.

Dispute the fact that she and her partner Nguyen could not agree on the

type of lease they would enter into, she negotiated Nguyens lease with VERP on his
behalf.
THE LEASES
18.

The Ballroom lease was signed on March 15, 2013.

19.

Base rent was $5,000.00 per month between April 1, 2013 through March

31, 2014 rent plus real estate tax which for 2013 was estimated at $387.50 per month.
The Security Deposit was for $5,000.00.
20.

Pursuant to paragraph 2.2 the first months rent and a monthly installment

as set forth in Section 1.6 of the Lease, shall be due and payable on or before the first
day of each calendar month succeeding the Commencement Date during the term of
this Lease, without demand, offset or reduction provided

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21.

Moreover, among other things Nguyen was required to: 1) procure at his

own expense all permits and licenses required for the transaction of his business in the
Leased Premises; and, 2) maintain insurance.
22.

Pursuant to the lease Nguyen was to pay the $5,000.00 deposit, however,

at the time he signed the lease, he did not have the funds so he back dated the deposit
check to June 1, 2013 and said the funs would be available by June. On or around
June 1, 2013, VERP called the bank and asked whether the account had enough
money to cover the $5,000.00 check and the bank said no.
23.

In addition to the Ballroom lease, Nguyen entered into another lease for

Suite 116 on Feb 1, 2013.

For the suite 116 lease, VERP gave Nguyen a rent

abatement from Feb 1, 2013 to May 31, 2013 for construction that he wanted to perform
on the space. The Suite 116 lease, like the other lease, required Nguyen to pay a
deposit, obtain insurance and obtain all the necessary permits to own and operate his
business.
24.

Thereafter, Nguyen bought Loc Hy Restaurant on June 6, 2013 from

Jason Nguyen and renamed it Van Long Restaurant (Nguyen never obtained a
Certificate of Occupancy or health permit to operate).
25.

Now with three (3) suites in the mall, Nguyen requested a one month

delay in cashing his checks due to insufficient funds and he even presented his bank
statements to VERP demonstrating he had insufficient funds to pay. VERP continued to
demand payment month after month, yet received the same response from Nguyen.
26.

After ten (10) months of receiving the run around from Nguyen, VERP

issued and Nguyen received written notice of defaults for all three (3) premises on

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December 19, 2013 and again, on December 24, 2013. Nguyen was locked out on
December 30, 2013.
27.

After the lockout, Nguyen, along with the Dos and Jane Nguyen, who are

not only his partners but are also individuals to whom Lan Nguyen apparently owes a
significant amount of money, have conspired to fabricate the claims herein in a
desperate attempt to salvage their lost investment.
CAUSES OF ACTION
BREACH OF LEASE
28.

Counter-Plaintiff VERP re-alleges each and every allegation set forth in

the preceding paragraphs of this Petition and incorporates them by reference herein.
29.

On the dates set forth hereinabove, Nguyen entered into certain leases

with VERP. At that time, VERP and Nguyen agreed to comply with the terms of the
Lease.
30.

However, Nguyen failed and refused to abide by the leases and their

terms. Among other things Nguyen failed to pay rent.

31.

As a result of Nguyens breaches of leases, Nguyen has proximately

caused actual damages to VERP.

CIVIL CONSPIRACY
32.

Counter-Plaintiffs VERP and CD MWAY re-alleges each and every

allegation set forth in the preceding paragraphs of this Petition and incorporates them
by reference herein.
33.

The Defendants were members of a combination of two or more persons.

34.

The object of the combination was to accomplish (1) an unlawful purpose,

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or (2) a lawful purpose by unlawful means.

35.

The members had a meeting of the minds on the object or course of

36.

One of the members committed an unlawful, overt act to further the object

action.

or course of action. Nguyen with the assistance, encouragement and financial support
of the Third-Party Defendants have defrauded VERP and have intentionally interfered
with CD MWAYS relations with its clients and prospective clients.
37.

The Counter-Plaintiff and Third-Party Plaintiff have suffered injuries as a

proximate result of the wrongful acts of the Defendants.

COMMON-LAW FRAUD
38.

Counter-Plaintiff VERP re-alleges each and every allegation set forth in

the preceding paragraphs of this Petition and incorporates them by reference herein.
39.

Nguyen made representations to VERP.

The representations were

material. The representations were false.

40.

When Nguyen made these representations, they knew the representations

were false. Nguyen made the representations with the intent that VERP act on them.
41.

VERP relied on the representations; and the representations caused

VERP damages.
FRAUD IN REAL ESTATE TRANSACTION
42.

Counter-Plaintiff VERP re-alleges each and every allegation set forth in

the preceding paragraphs of this Petition and incorporates them by reference herein.
43.

There were transactions involving real estate.

44.

During the transactions, Nguyen:

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45.

Made false representations of fact;

Made false promises; or

Benefitted by not disclosing that a third partys representations or

promises were false.

Nguyens and his partners false representations or promises were made

for the purpose of inducing VERP to lease certain suites to him instead of others.
46.

VERP relied on the false representations or promises of Nguyen by

entering into certain leases with Nguyen.

47.

The reliance caused VERP injury.

48.

Had VERP known that Nguyens and his partners representations were

false, VERP would not have entered into any leases with Nguyen.
49.

VERP has suffered damage resulting from Nguyens actions or inactions.

50.

The aforementioned material representations and promises made by the

Nguyen were false, deceptive and misleading, and Nguyen either knew, or should have
known, that such representations were false, deceptive and misleading, or made them
recklessly without any knowledge of the truth, and made them as positive assertions.
Nguyen made said false and untrue material representations to VERP for the purpose
of inducing, and with intent to induce VERP to lease certain suites to him and take them
off the market. VERP justifiably relied on the false representations and promises made
by Nguyen and entered into certain leases in reliance on said false misrepresentations.
51.

Because VERP relied on Nguyens false representations when it entered

into the leases and took the suites off the market, VERP has suffered actual, incidental
and consequential damages. Based on the foregoing allegations, Nguyen is liable to
VERP for its actual damages pursuant to 27.01 of the Texas Business and Commerce
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Code. Further, pursuant to 27.01 of the Texas Business and Commerce Code, the
Nguyen is also liable to VERP for exemplary damages, equitable remedies, reasonable
and necessary attorneys fees, expert witness fees, costs for copies of depositions, and
costs of court.
52.

VERP has already incurred or will incur reasonable and necessary

attorneys fees, expert witness fees, costs for copies of depositions, and costs of court.
VIOLATION OF TEX. PROP. CODE 92.009
53.

Counter-Plaintiffs VERP AND CD MWAY re-alleges each and every

allegation set forth in the preceding paragraphs of this Petition and incorporates them
by reference herein.
54.

On May 5, 2014, the Plaintiff along with his Counsel Bruce Turner

presented a false Writ of Re-Entry to the Justice Court pursuant to Section 92.009 of the
Texas Property Code.

Upon presentation of their frivolous ex-parte Complaint, the

Court, pursuant to Section 92.009 of the Tex. Prop. Code, granted Plaintiff temporary
possession of 9750 Walnut Street, #114, #116, and #124, Dallas, Texas 75243.
55.

Subsequently, upon a hearing in the Justice Court, the Court determined

that the writ of reentry was wrongful and should be dissolved.

56.

Pursuant to Section 92.009 of the Tex. Prop. Code, if a tenant in bad faith

files a sworn complaint for reentry resulting in a writ of reentry being served on the
landlord or landlord's agent, the landlord may in a separate cause of action recover from
the tenant an amount equal to actual damages, one month's rent or $500, whichever is
greater, reasonable attorney's fees, and costs of court which the Counter-Plaintiffs now
seek.

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CD MWAYS CLAIM FOR TORTIOUS INTERFERENCE WITH CURRENT AND PROSPECTIVE

BUSINESS RELATIONS AGAINST COUNTER-DEFENDANT AND THIRD-PARTY DEFENDANTS
57.

Counter-Plaintiff re-alleges each and every allegation set forth in the

preceding paragraphs of this Petition and incorporates them by reference herein.

58.

CD MWAY expects and has expected to continue its advantageous

economic relationships with current and prospective clients.

59.

These relationships contained the probability of future economic benefit.

Had the Counter-Defendant and Third-Party Defendants refrained from engaging in the
unlawful and wrongful conduct described in this Petition, there is a substantial
probability that CD MWAYs current and prospective clients would continue to engage it
and continue to book events there.
60.

However, on certain occasions, Counter-Defendant and Third-Party

Defendant Do entered the ballroom during an event and began to inform clients that the
Counter-Plaintiff was out of business and that Third-Party Defendant Do was now owner
of the ballroom.
61.

The Counter-Defendant and Third-Party Defendants were aware of these

economic relationships and intended to interfere with and disrupt them by unlawfully
and wrongfully attempting to interfere with CD MWAYS business.
62.

These acts were undertaken by the Counter-Defendant and Third-Party

Defendants to disrupt business. The Counter-Defendant and Third-Party Defendants

conduct was wrongful by a measure beyond the fact of the interference itself. As a
result of Counter-Defendant and Third-Party Defendants acts, the above-described
relationships have been actually disrupted.

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63.

As a direct and proximate result of Counter-Defendant and Third-Party

Defendants actions, CD MWAY has suffered economic harm, including, but not limited
to, loss of profits.
64.

The Counter-Defendant and Third-Party Defendants wrongful conduct

was a substantial factor in causing this harm.

65.

The Counter-Defendant and Third-Party Defendants interference with CD

MWAYS prospective economic advantage with its business relationships, current and
prospective business, as described above, was willful, malicious, oppressive, and in
conscious disregard of CD MWAYs rights, and CD MWAY is therefore entitled to an
award of punitive damages to punish Counter-Defendant and Third-Party Defendants
for their wrongful conduct and deter future wrongful conduct of not less than three times
the amount of actual damages.
66.

Further, Counter-Defendant and Third-Party Defendants were aware that

current and prospective business relationships existed and that their conduct was
independently tortious or unlawful.
67.

As a proximate result of the Counter-Defendant and Third-Party

Defendants tortious interference, CD MWAY has suffered economic damages,

including but not limited to actual and consequential damages, potential lost costs, lost
profits and exemplary damages for which CD MWAY is entitled to recover, and now
brings this suit.
ATTORNEYS FEES
68.

Counter-Plaintiff VERP re-alleges each and every allegation set forth in

the preceding paragraphs of this Petition and incorporates them by reference herein.

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69.

In accordance with the leases and TEX. CIV. PRAC. & REM. CODE 38.01 et

seq., VERP is entitled to recover its reasonable attorneys fees incurred in prosecuting
this action for breach of the lease.
70.

As a result of Nguyens breach of lease and fraud, VERP has been

required to obtain legal counsel to bring this suit. VERP is, therefore, entitled to recover
an additional sum to compensate for the reasonable attorneys fees incurred in bringing
this suit, with further and subsequent awards of attorneys fees in the event of appeals
from this Court.
EXEMPLARY DAMAGES
71.

Counter-Plaintiffs VERP and CD MWAY re-allege each and every

allegation set forth in the preceding paragraphs of this Petition and incorporates them
by reference herein.
72.

The acts of Nguyen and his co-horts complained of herein were committed

knowingly, willfully, intentionally, with actual awareness, or with actual malice. In order
to punish Nguyen and his co-horts for such unconscionable overreaching and to deter
such actions and/or omissions in the future, VERP and CD MWAY seek recovery from
Nguyen and his cohorts of exemplary damages as provided by Chapter 41 of the Texas
Civil Practice and Remedies Code.
NO W AIVER
73.

By filing this lawsuit, VERP and CD MWAY do not waive or release any

rights, claims, causes of action, or defenses or make any election of remedies that
he has, but expressly reserve such rights, claims, causes of action and defenses.

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CONDITIONS PRECEDENT
74.

All conditions precedent to VERP and CD MWAYs rights to recovery have

been performed, have occurred, and/or have been waived.

REQUEST FOR DISCLOSURE
75.

Pursuant to Texas Rule of Civil Procedure 194, VERP and CD MWAY

request that the Third-Party Defendants disclose to VERP and CD MWAY within fifty
(50) days of this service of this request and the Counter-Defendant within thirty (30) day
of this request, the information and materials described in TEX. R. CIV. P. Rule 194.2(a)
through 194.2(k).
PRAYER
WHEREFORE, PREMISES CONSIDERED, VERP and CD MWAY respectfully
pray that the Counter-Defendant and Third-Party Defendants be cited to appear and
answer herein, and that upon a final hearing of the cause, judgment be entered for
VERP and CD MWAY against Counter-Defendant and Third-Party Defendants for the
damages requested hereinabove in an amount in excess of $1,000,000.00, together
with pre-judgment and post-judgment interest at the maximum rate allowed by law,
costs of suit, attorneys fees, costs of court, and such other and further relief to which
VERP and CD MWAY may be entitled at law or in equity, whether plead or unplead.
Respectfully Submitted,
FRIEDMAN & FEIGER, L.L.P.
/s/ Jason H. Friedman
By:________________________________
Lawrence J. Friedman
State Bar No. 07469300
lfriedman@fflawoffice.com
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James S. Bell
State Bar No. 24049314
jbell@fflawoffice.com
Jason H. Friedman
State Bar No. 24059784
jhfriedman@fflawoffice.com
FRIEDMAN & FEIGER, L.L.P.
5301 Spring Valley Road, Suite 200
Dallas, Texas 75254
(972) 788-1400 (Telephone)
(972) 788-2667 (Facsimile)
ATTORNEYS FOR COUNTER-PLAINTIFFS

CERTIFICATE OF SERVICE
This is to certify that on the 10th day of September, 2014, a true and correct copy
of the above and foregoing was forwarded to all counsel of record in accordance with
the Texas Rules of Civil Procedure.
/s/ Jason H. Friedman
_________________________________
Jason H. Friedman

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