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CAUSE NO. ________________________
JESSE DUNN; and SOUTH
IN THE DISTRICT COURT
HARRIS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Plaintiff Michael Harris and would respectfully show the following:
Plaintiff requests the Court enter a discovery control plan and recognize this case as
proceeding under a Level II discovery control plan pursuant to TEX. R. CIV. P. 190.
Plaintiff Michael Harris is an individual residing in Harris County, Texas.
Defendant Jesse R. Dunn is an individual residing Harris County and may be served at
301 York Street, South Houston Texas 77587, or wherever he may be found.
Defendant The South Houston Community Development Corporation, Inc. is a Texas
corporation d/b/a KCOH 1230 AM with its principal place of business at 301 York Street, South
Houston Texas 77587. SHCDC may be served by serving its registered agent Jesse R. Dunn Jr.
at 301 York Street, South Houston Texas 77587, or wherever he may be found.
JURISDICTION AND VENUE
This Court has jurisdiction because Plaintiff brings suit for an amount in excess of the
Filed 13 October 7 P5:46
Chris Daniel - District Clerk
By: Nelson Cuero
2013-60087 / Court: 080
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minimum jurisdictional requirements and the Defendants are domiciled in Harris, County, Texas.
Further, venue is proper in Harris County, Texas because all or a substantial part of the events or
omissions giving rise to this lawsuit occurred in Harris County. All conditions precedent to
bringing the claims asserted herein have occurred and/or have been waived by the Defendants.
“KCOH” is known as the oldest black radio station in Texas, arguably in the southern
United States. The station is located within the heart of Third Ward of Houston and has been a
constant presence in the community since 1953 went it launched as KCOH 1430 AM. Plaintiff
Michael Harris has been a radio personality with KCOH and a voice for the Houston African
American community for over 38 years. KCOH, Inc. is the entity that owns and controls the
assets of the KCOH radio station. In the beginning of 2013, KCOH, Inc. completed the sale of
KCOH 1430 AM and the company leased the remaining assets including the legacy call letters
KCOH to Defendants Jesse Dunn and SHCDC to re-launch the African American programming
under “KCOH 1230AM.” At all material time, Dunn served and continues to serve as President
Plaintiff was employed by SHCDC d/b/a as KCOH 1230AM and was ecstatic about
Dunn’s persistence in re-launching the station and wanted to help in any way he could to make
sure the station would continue to be a voice for the black community. In or around May 2013,
at Dunn’s request, the Plaintiff, the VP and Operations Manager, signed as guarantor for a Line
of Credit (LOC) in amount of roughly $30,000.00. Dunn represented to Plaintiff that he was
waiting on funds from the sale of real estate that he owned and the LOC would be used only for
KCOH payroll in the event the real estate sale did not close in a timely fashion. Relying on
Dunn’s representations, Plaintiff, over the next two months, signed an additional LOC for
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$100,000.00 and signed on as guarantor for approximately $38,000.00 in station equipment.
Dunn represented to Plaintiff the additional LOC would only be used to pay for the signal lease
of the 1230AM signal. Dunn also stated he would not take a salary. In total, Plaintiff entered
into three agreements for roughly $170,000.00 based upon Defendant Dunn’s representations.
On or about September 24, 2013, Plaintiff was contacted by a Frost bank representative
due to outrageous and irregular account expenditures that were repeatedly made at casinos
totaling approximately $30,000.00. In his discussions with the bank, Plaintiff discovered that
Dunn used the funds for gambling in various casinos in Louisiana and Las Vegas, to pay his
church band members, his mortuary business and other miscellaneous expenditures totaling
approximately $100,000.00. In fact, based upon a recent televised news interviews with KHOU
11 news reporter Rucks Russell, Dunn admitted that he used the money to gamble at casinos and
for his own personal gain, but wittingly claimed that the money belonged to him to do what he
pleased because he owns the company. Indeed, in a three month period between June and August
2013, thousands of dollars in loans that Plaintiff secured for the operation of the station were
stolen and misused by the Defendant for his personal benefit. More importantly, in a matter of
three months Defendant Dunn has severely tainted the legacy of an institution that has been in
the Houston black community for over 60 years and has ended the dignified career that Plaintiff
has enjoyed with KCOH for over 38 years.
CAUSES OF ACTION
The foregoing allegations are incorporated herein by reference for all purposes as though
set forth verbatim in support of the following causes of action:
PIERCE THE CORPORATE VEIL, ALTER EGO, AND JOINT AND SEVERAL LIABILITY
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Plaintiff asserts that actions of the Defendants are the proximate cause of Plaintiff’s
injuries and Plaintiff brings suit against them under alter ego and seeks to pierce the corporate
veil. Based upon the facts set forth herein, Plaintiff asserts that at all material time Defendant
Dunn used SHCDC as his personal corporation to perpetuate fraud upon the Plaintiff and
FRAUD AND FRAUDULENT INDUCEMENT
Plaintiff brings this action asserting the claims of fraud and fraudulent inducement
against the Defendants. The Defendants have defrauded the Plaintiff based upon representations
that were false and were known to be false and/or made recklessly as a positive assertion and
without knowledge of its truth by the Defendants at the time that the representations were made
to the Plaintiff. The Defendants made the misrepsentations with the specific intent that Plaintiff
would act upon it to Plaintiff’s detriment.
Further, the Defendants’ conduct was of such a wanton, willful and extreme nature and/or
constitutes fraud to such a degree that Plaintiffs are entitled to exemplary damages in this cause.
REQUEST FOR DISCLOSURE
Under Texas Rules of Civil Procedure 194, Plaintiff requests that Defendants disclose,
within 50 days of the service of this Request, the information and/or material described in Rule
WHEREFORE, Plaintiff requests the Defendants be cited to appear and upon a trial by a
jury, and judgment is entered in Plaintiffs’ favor in at least the following particulars:
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1) actual damages within the jurisdictional limits of this Court, and any and all pecuniary
damages and losses suffered by Plaintiff;
2) all special or consequential damages as allowed by law;
3) damages to Plaintiff’s credit;
4) any and all nominal damages;
5) exemplary damages as awarded by the jury or allowed by law;
6) pre and post-judgment interest at the highest rate allowed by law;
7) attorneys’ fees and all costs of court in any and all appeals of this action; and
8) such other relief, general and special, legal and equitable to which Plaintiffs complained
of herein and that he may be justly entitled.
/s/ Darrell Jordan________
1305 Prairie Street Suite 200
Houston, Texas 77002
Robert N. Collier
12 Greenway Plaza, Suite 1100
Houston, Texas 77046
COUNSEL FOR PLAINTIFF