Chan Il Pak v. Ad Villarai, LLC, the Ashley Nicole Williams Trust, Villas on Raiford, LLC, and Villas on Raiford Carrollton Senior Housing, LLC.

Opinion

ACCEPTED

05-14-01312-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS 6/7/2018 12:16 PM

LISA MATZ

CLERK

No. 05-14-01312-CV

FILED IN

In the 5th COURT OF APPEALS DALLAS, TEXAS

COURT OF APPEALS 6/7/2018 12:16:43 PM FIFTH DISTRICT OF TEXAS LISA MATZ DALLAS, TEXAS Clerk

Chan IL Pak Appellant

V.

AD Villarai, LLC, The Ashley Nicole Williams Trust, and Villas on Raiford Carrollton Senior Housing, LLC.

Appellees

On Appeal from the

101st Judicial District Court of Dallas County, Texas.

APPELLEE'S STATEMENT OF RULE 49.2 OPTION

Appellees and Cross-Appellants AD Villarai, L.L.C., The Ashley Nicole

Williams Trust, and Villas on Raiford Carrollton Senior Housing, L.L.C. ("Villas"),

following Texas Rule of Appellate Procedure 49.2, hereby exercise their option not

to file a full response, unless the Court so requests.

This option is exercised because the Appellant's Motion for Rehearing, filed

June 5, 2018, raises no new arguments. Specifically, Mr. Pak again repeats his

STATEMENT OF RULE 49.2 OPTION Page 1 of 4 argument that no corporate action can ever be taken against him by Villas, unless he

consents to that action, despite the unopposed findings that he has committed a prior

material breach of the Villas Company Agreement 1 and that violating members can

be removed from Villas based upon the vote of the "remaining members" 2 meaning

the members other than Mr. Pak. These arguments have already been raised and

addressed by the parties and by the Court. For example, see Mr. Pak's argument I.

in his Appellant's Brief: "This court cannot interpret the company agreements to

exclude any requirements that Chan Pak consent to his own expulsion." Chan Pak' s

Amended Appellant Brief, December 1, 201 7, at p. 66. A large portion of the Motion

for Rehearing again addresses that Article 5.11 of the Company Agreement and

Texas Business and Commerce Code Section 101.359, allowing corporate entities

to function by signed written consents, are somehow inapplicable here. (Motion for

Rehearing pp. 16-24.) The same arguments were presented in the Amended

Appellant's Brief of December 1, 2017 at pages 61-64.

The Motion for Rehearing also fails to clearly identify any new or different

argument or any specific aspect of the Court's Judgment and Opinion which is being

challenged. It has failed to meet the standards that a motion for rehearing "must

clearly state the points relied on for the rehearing." Tex. App. Proc. Rule 49.1.

1 Conclusion of Law 5 2 Pltfs' Tr. Exs. 2 and 8, each at Article 8.6(e), and Findings of Fact 12 and 63.

STATEMENT OF RULE 49.2 OPTION Page 2 of 4 G:\Q\AN23-4 Anderson -Chan Lawsuit\Appeal 14-01312\DRAFTS\Response 06-06-18. docx

Appellees pray that the motion for rehearing be denied without requiring

further response. In the alternative, Appellees pray that this Court advise Appellees

to file a full response to the motion for rehearing, and for such other and further relief

to which Appellees show themselves justly entitled.

Respectfully submitted,

By: William F. LePage

William F. LePage State Bar No. 12216800 Peter C. D' Apice State Bar No. 05377783

STUTZMAN, BROMBERG, ESSERMAN & PLIFKA, P.C. 2323 Bryan Street, Suite 2200 Dallas, Texas 75201 Telephone: (214) 969-4900 Telecopy: (214) 969-4999 lepage@s bep-law. com

COUNSEL FOR CROSS APPELLANTS AND APPELLEES AD VILLARAI, LLC, THE ASHLEY NICOLE WILLIAMS TRUST AND VILLAS ON RAIFORD CARROLLTON SENIOR HOUSING, LLC

Co-counsel: David M. Pruessner State Bar No. 16364500 Law Offices of David M. Pruessner 4111 Joshua Lane Dallas, Texas 75287 (214) 543-6827 Fax: (972) 716-1899

STATEMENT OF RULE 49.2 OPTION Page 3 of 4

CERTIFICATE OF SERVICE

This is to certify a true and correct copy of the above response has been served

electronically through the State's electronic manager to Chan Pak on this the 7th day

of June, 2018.

Isl William F. LePage William F. LePage

STATEMENT OF RULE 49.2 OPTION Page 4 of 4