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CAUSE NO. ________________________

MICHAEL HARRIS

Plaintiff,

v.

JESSE DUNN; and SOUTH HOUSTON COMMUNITY DEVELOPMENT CORPORATION.

Defendants.

IN THE DISTRICT COURT

_____JUDICIAL DISTRICT

HARRIS COUNTY, TEXAS

PLAINTIFFS ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Plaintiff Michael Harris and would respectfully show the following:

DISCOVERY LEVEL

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.

PARTIES

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 P5:46Chris Daniel - District ClerkHarris CountyED101J017757078By: Nelson Cuero

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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.

NOTICE FACTS

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

of SHCDC.

Plaintiff was employed by SHCDC d/b/a as KCOH 1230AM and was ecstatic about

Dunns 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 Dunns 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

Dunns 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 Dunns 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 Plaintiffs

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

possibly others.

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 Plaintiffs detriment.

EXEMPLARY DAMAGES

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

194.2.

PRAYER

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 Plaintiffs 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.

Respectfully submitted,

/s/ Darrell Jordan________ Darrell Jordan

1305 Prairie Street Suite 200

Houston, Texas 77002

SBN 24053880

713-296-9422 Direct

866-233-4036 Fax

Darrell.Jordan@Texasjd.com

_________________________

Robert N. Collier

12 Greenway Plaza, Suite 1100

Houston, Texas 77046

SBN 24049406

713-446-2923 Direct

832-426-5798 Fax

bob.n.collier@gmail.com

COUNSEL FOR PLAINTIFF

eFileStamp: 2013-60087 / Court: 080