FILED
`11/6/2017 1:21 PM
`JOHN F. WARREN
`COUNTY CLER
`DALLAS COUNT
`
`CC-1 7-O5868—C
`
`CAUSE NO.
`SCOOP HEALTH AND BEAUTY, § IN THE COUNTY COURT AT LAW
`L.L.P., D/B/A SIGMA LASER MED SPA §
`AND MOHAMMED AL BAGHDAD]
`§
`
`Plaintiffs,
`
`§§§
`
`§ NO.
`V.
`§
`AMJED ALJANABI AND FARAH §
`KASAB
`§ DALLAS COUNTY, TEXAS
`Defendant.
`
`PLAINTIFFS’ ORIGINAL PETITION
`TO THE HONORABLE JUDGE OF SAID COURT:
`NOW COMES Mohammed A1 Baghdadi individually and derivatively 0n behalf 0f
`Scoop Health and Beauty, LLP., d/b/a Sigma Laser Med Spa hereinafter called Plaintiffs, and file
`this Petition against Amj ed Alj anabi and Farah Kasab, hereinafter called Defendants, and for
`
`cause 0f action shows unto the Court the following:
`
`DISCOVERY CONTROL PLAN LEVEL
`
`1.
`
`Plaintiffs intend this action be conducted pursuant t0 Level 3 of Texas Rule of
`
`Civil Procedure 190.
`
`PARTIES AND SERVICE
`
`2.
`
`Plaintiff Mohammed A1 Baghdadi, is an individual resident and domiciliary of
`Collin County, Texas Whose address is 11902 Woodland Way, Frisco, Texas 75035.
`
`ORIGINAL PETITION
`
`Page 1
`
`
`11/6/2017 1:21 PM
`JOHN F. WARREN
`COUNTY CLER
`DALLAS COUNT
`
`CC-1 7-O5868—C
`
`CAUSE NO.
`SCOOP HEALTH AND BEAUTY, § IN THE COUNTY COURT AT LAW
`L.L.P., D/B/A SIGMA LASER MED SPA §
`AND MOHAMMED AL BAGHDAD]
`§
`
`Plaintiffs,
`
`§§§
`
`§ NO.
`V.
`§
`AMJED ALJANABI AND FARAH §
`KASAB
`§ DALLAS COUNTY, TEXAS
`Defendant.
`
`PLAINTIFFS’ ORIGINAL PETITION
`TO THE HONORABLE JUDGE OF SAID COURT:
`NOW COMES Mohammed A1 Baghdadi individually and derivatively 0n behalf 0f
`Scoop Health and Beauty, LLP., d/b/a Sigma Laser Med Spa hereinafter called Plaintiffs, and file
`this Petition against Amj ed Alj anabi and Farah Kasab, hereinafter called Defendants, and for
`
`cause 0f action shows unto the Court the following:
`
`DISCOVERY CONTROL PLAN LEVEL
`
`1.
`
`Plaintiffs intend this action be conducted pursuant t0 Level 3 of Texas Rule of
`
`Civil Procedure 190.
`
`PARTIES AND SERVICE
`
`2.
`
`Plaintiff Mohammed A1 Baghdadi, is an individual resident and domiciliary of
`Collin County, Texas Whose address is 11902 Woodland Way, Frisco, Texas 75035.
`
`ORIGINAL PETITION
`
`Page 1
`
`
`
`Plaintiff Scoop Health and Beauty LLP d/b/a Sigma Laser Med Spa, is a Texas
`3.
`Limited Liability Partnership authorized to do business in Texas. Plaintiff Sigma Med Laser Spa
`
`is located in Farmers Branch, Dallas County, Texas and authorized to do business in Texas.
`
`4.
`
`Defendant Amjed Aljanabi, is an individual, a resident 0f Collin County, Texas
`and may be served with process at 1085 1 Rankin Drive, Frisco, Texas 75035.
`
`5.
`
`Defendant Farah Kasab, is an individual, a resident 0f Collin County, Texas and
`may be served with process at 10851 Rankin Drive, Frisco, Texas 75035.
`
`JURISDICTION AND VENUE
`
`The subj ect matter in controversy is within the jurisdictional limits 0f this court.
`
`This court has jurisdiction over the patties because Defendants are Texas
`
`6.
`
`7.
`
`residents.
`
`8.
`
`Plaintiffs seek:
`
`a.
`
`monetary relief over $200,000 but no more than $1,000,000.
`
`9.
`
`Venue in Dallas County is proper in this cause under Section 15.002(a)(1) of the
`
`Texas Civil Practice and Remedies Code because all or a substantial part of the events or
`
`omissions giving rise to this lawsuit occurred in this county.
`
`CONDITIONS PRECEDENT
`
`ORIGINAL PETITION
`
`Page 2
`
`
`
`10.
`
`Pursuant to Rule 54 of the Texas Rules 0f Civil Procedure, Plaintiffs plead that
`
`all conditions precedent to Plaintiffs’ right t0 obtain the relief requested herein have been
`
`performed or have occurred.
`
`FACTUAL BACKGROUND
`
`11.
`
`Plaintiff Scoop Health and Beauty, LLP, d/b/a Sigma Med Laser Spa is a health
`
`and beauty medical spa located in Dallas County.
`
`12.
`
`Plaintiff Mohammed Al Baghdadi and Defendant Amjed Aljanabi entered into a
`
`Partnership Agreement (Exhibit A) dated September 9, 2016 to run a health and beauty medical
`spa. Plaintiff Mohammed A1 Baghdadi and Defendant Amjed Aljanabi were both collectively
`named as 100% owners of Plaintiff Scoop Health and Beauty LLP d/b/a Sigma Laser Med Spa,
`With Plaintiff Mohammed A1 Baghdadi holding an undivided 50% share thereof and Defendant
`Amjed Aljanabi holding an undivided 50% share.
`
`13.
`
`Defendant Farah Kasab (Amjed Aljanabi’s Wife) was employed full time and was
`responsible providing services t0 customers. Defendant Amjed Aljanabi was responsible for
`
`managing and providing services such as Botox.
`
`14.
`
`While Defendant Amjed Aljanabi was entrusted with the partnership, he and
`Defendant Farah Kasab began operations to open a new Spa location, later named Roz Laser &
`Med Spa. Defendants began sending customers from Plaintiff Scoop Health and Beauty LLP
`d/b/a Sigma Laser Med Spa t0 this new location, to the detriment of the Partnership. Defendants
`began canceling appointments at Plaintiff Scoop Health and Beauty LLP d/b/a Sigma Laser Med
`Spa and referred such customers t0 the new location. Such acts were in direct Violation of
`
`ORIGINAL PETITION
`
`Page 3
`
`
`
`Section XXIII the Partnership Agreement signed by Defendant Amjed Aljanabi, which states
`
`that “[n]o partner shall do any act detrimental t0 the interest of the Partnership or any act that
`
`would make it impossible t0 carry 0n the business affairs of the partnership.”
`
`15.
`
`Based 0n recent reports and complaints from customers and social media ads,
`
`Defendant Amjed Aljanabi was holding himself out t0 be a licensed physician, in Violation 0f
`
`both Federal and State law.
`
`Plaintiff Mohammed A1 Baghdadi asserts the following 0f Defendant Amjed Aljanabi
`
`and Defendant Farah Kasab:
`
`a. Suspicious transactions made by Defendant Amjed Aljanabi;
`
`b. Defendant Amjed Aljanabi was fraudulently representing himself as a Doctor
`
`0r treating physician;
`
`c. Defendants opened a new Spa location, to the detriment of Plaintiff Scoop
`Health and Beauty LLP d/b/a Sigma Laser Med Spa; and
`
`d. Defendants took customers away from Plaintiff Scoop Health and Beauty LLP
`d/b/a Sigma Laser Med Spa and referred them to his new location. Defendants stopped showing
`up to their scheduled appointments and Plaintiff Mohammed Al Baghdadi had to over
`
`compensate employees for taking over their appointments.
`
`16.
`
`On May 21, 2017, Defendant Amjed Aljanabi sent Plaintiff Mohammed Al
`Baghdadi a signed and notarized letter of withdrawal from the Partnership (Exhibit B).
`Defendant Amjed Aljanabi lists out several reasons as t0 Why he was withdrawing, mainly
`
`ORIGINAL PETITION
`
`Page 4
`
`
`
`relating to the work/services of Plaintiff Mohammed A1 Baghdadi’s sister. On this Withdrawal
`letter, Defendant Amj ed Alj anabi refers to himself as “Dr. Amj ed Alj anabi.”
`
`After multiple disagreements between Plaintiff Mohammed A1 Baghdadi and
`17.
`Defendant Amj ed Alj anabi, an agreement was proposed for Plaintiff Mohammed A1 Baghdadi t0
`buy out Defendant Amjed Aljanabi’s undivided 50% share 0f interest 0f Plaintiff Scoop Health
`and Beauty LLP d/b/a Sigma Laser Med Spa. However, Defendant Amjed Aljanabi refused t0
`
`sell his share.
`
`18.
`
`Defendant Amjed Aljanabi, continues to conduct business at Roz Laser & Med
`Spa, in direct conflict With the Partnership agreement.
`
`Defendant, Amjed Aljanabi, continued t0 engage in conduct that is damaging t0
`19.
`the Partnership by informing customers Plaintiff Scoop Health and Beauty LLP d/b/a Sigma
`Laser Med Spa was closing and referred them to the new location. Plaintiffs had to seek a
`protection order against Defendant Amj ed Alj anabi.
`
`Defendant Amjed Aljanabi has refused to pay any invoices,
`contractual
`20.
`obligations, or payments that Plaintiffs have incurred. Plaintiff Mohammed Al Baghdadi was left
`to cover these expenses himself, amounting to over $40,000. Plaintiff Mohammed A1 Baghdadi
`
`has since had t0 hire and compensate other employees t0 take over Defendants’ missed
`
`appointments.
`
`FIRST CAUSE OF ACTION: BREACH OF COMPANY AGREEMENT
`
`ORIGINAL PETITION
`
`Page 5
`
`
`
`21.
`
`Plaintiff Mohammed A1 Baghdadi incorporates the preceding allegations by
`
`reference.
`
`A fiduciary relationship existed between Plaintiff Mohammed A1 Baghdadi and
`22.
`Defendant Amj ed Alj anabi.
`
`23.
`
`Defendant Amjed Aljanabi, breached his fiduciary duties t0 Plaintiff Mohammed
`
`A1 Baghdadi by the following:
`
`a.
`
`b.
`
`c.
`
`Defendant Amjed Alj anabi acted against the interests of the Partnership;
`
`Defendant Amjed Aljanabi conspired with Defendant Farah Kasab t0
`
`defraud the partnership and other partner; and
`
`Defendant Amjed Aljanabi and Defendant Farah Kasab opened a similar
`business named Roz Laser & Med Spa without the knowledge of Plaintiff
`Mohammed Al Baghdadi, t0 the detriment of the Partnership.
`
`24.
`
`Defendant Amj ed Alj anabi breached the Partnership Agreement entered into by
`
`PlaintiffMohammed A1 Baghdadi and Defendant Amj ed Alj anabi.
`
`25.
`
`Section XXIII of the Agreement states:
`
`“N0 partner shall do any act detrimental t0 the interest of the Partnership or any
`act that would make it impossible t0 carry 0n the business affairs of the partnership.”
`
`Defendant Amjed Aljanabi’s breach proximately caused injury to Plaintiff
`26.
`Mohammed A1 Baghdadi in excess 0f the minimum jurisdictional limits of this Court.
`
`ORIGINAL PETITION
`
`Page 6
`
`
`
`SECOND CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY TO MOHAMMED
`AL BAGHDADI BY DEFENDANTS
`
`27.
`
`Plaintiff Mohammed A1 Baghdadi incorporates the preceding allegations by
`
`reference.
`
`A fiduciary relationship existed between Plaintiff Mohammed A1 Baghdadi and
`28.
`Defendant Amj ed Alj anabi and Defendant Farah Kasab.
`
`29.
`
`Defendant Amjed Aljanabi, breached his fiduciary duties to Plaintiff Mohammed
`
`A1 Baghdadi by the following:
`
`a.
`
`b.
`
`c.
`
`Defendant Amjed Alj anabi acted against the interests 0f the Partnership;
`
`Defendant Amjed Aljanabi conspired With Defendant Farah Kasab to
`
`defraud the partnership and other partner; and
`
`Defendant Amjed Aljanabi and Defendant Farah Kasab opened a similar
`business named Roz Laser & Med Spa Without the knowledge of Plaintiff
`Mohammed Al Baghdadi, to the detriment of the Partnership.
`
`30.
`
`Defendant Amj ed Alj anabi breached the Partnership Agreement entered into by
`
`PlaintiffMohammed A1 Baghdadi and Defendant Amj ed Aljanabi.
`
`3 1.
`
`Section XXIII of the Agreement states:
`
`“N0 partner shall do any act detrimental t0 the interest of the Partnership or any
`act that would make it impossible t0 carry 0n the business affairs of the partnership.”
`
`ORIGINAL PETITION
`
`Page 7
`
`
`
`Defendants’ breach proximately caused injury to Plaintiff Mohammed A1
`32.
`Baghdadi in excess of the minimum jurisdictional limits of this Court.
`
`THIRD CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY TO PLAINTIFF
`SCOOP HEALTH AND BEAUTY LLP D/B/A SIGMA LASER MED SPA
`
`33.
`
`Plaintiffs incorporate the preceding allegations by reference.
`
`In his capacity as 50% owner, Defendant Amj ed Alj anabi owed fiduciary duties
`34.
`to Plaintiff Scoop Health and Beauty LLP d/b/a Sigma Laser Med Spa, including, but not limited
`
`to, a duty of loyalty and a duty of care.
`
`Defendant Amjed Aljanabi breached his fiduciary duties t0 Plaintiff Scoop
`35.
`Health and Beauty, LLP d/b/a Sigma Laser Med Spa, by acting against the Partnerships interest
`and conspiring with others t0 defraud the Partnership.
`
`Defendant Amj ed Alj anabi acted to the detriment of Plaintiff Scoop Health and
`36.
`Beauty LLP d/b/a Sigma Laser Med Spa and this
`
`THIRD CAUSE OF ACTION: FRAUD BY DEFENDANT AMJED JANABI AGAINST
`PLAINTIFFS
`
`37.
`
`38.
`
`Plaintiffs incorporate the preceding allegations by reference.
`
`Defendant Amjed Aljanabi made misrepresentations and omissions of material
`
`facts to customers regarding his qualifications t0 offer medical advice and that he was the Doctor
`or treating physician of Plaintiff Scoop Health and Beauty LLP d/b/a Sigma Laser Med Spa.
`
`ORIGINAL PETITION
`
`Page 8
`
`
`
`a.
`
`b.
`
`Defendant Amjed Aljanabi’s represented that he was the Doctor or
`
`treating physician;
`
`At the time Defendant Amjed Aljanabi made this representation, he was
`
`aware that the representation was false 0r, in the alternative, Defendant
`Amjed Aljanabi made these representations Without any regard for their
`
`truth; and
`
`c.
`
`Defendant Amjed Aljanabi made the material representation with the
`
`intent that it would be relied upon by customers and at no time did
`Defendant Amjed Aljanabi disclose that he was not a medical doctor nor
`
`that he was not authorized t0 practice medicine in the State of Texas.
`
`Defendant Amjed Aljanabi opened a second location spa Without the permission
`39.
`and knowledge of Plaintiff Mohammed Al Baghdadi, and to the detriment of Plaintiff Scoop
`Health and Beauty LLP d/b/a Sigma Laser Med Spa.
`
`Plaintiffs have been injured as a direct and proximate result of the foregoing
`40.
`fraud in excess 0f the minimum jurisdictional limits of this Court.
`
`FOURTH CAUSE OF ACTION: FRAUD BY DEFENDANT AMJED ALJANABI
`UNDER THE TEXAS OCCUPATIONS CODE
`
`41.
`
`Plaintiffs incorporate the preceding allegations by reference.
`
`42.
`
`Defendant Amjed Aljanabi was holding himself out to be the Doctor or licensed
`
`physician of Scoop Health and Beauty LLP, when in fact, he is not.
`
`ORIGINAL PETITION
`
`Page 9
`
`
`
`43.
`
`Section 165.153 of the Texas Occupations Code provides that:
`
`A person commits an offense if the person practices medicine Without a license
`0r permit and causes another:
`
`a.
`
`i. physical or psychological harm; 0r
`
`ii. financial harm
`b. An offense under Subsection (a)(l) is a felony of the third degree
`c. An offense under Subsection (a)(2) is a state jail felony.
`Defendant Amjed Aljanabi unlawfully and illegally represented himself to others
`
`44.
`
`as a Doctor or treating physician, in direct conflict with Federal and State law.
`
`FIFTH CAUSE OF ACTION: CONSPIRACY
`
`45.
`
`Plaintiffs incorporate by reference all 0f the preceding paragraphs as if fully set
`
`forth herein.
`
`46.
`
`Defendant are members of a combination of two or more parties. Together,
`
`Defendants combined to accomplish the unlawful act to defraud Plaintiffs.
`
`47.
`
`Defendants had a meeting of the minds to accomplish their common objective.
`
`Defendants accomplished their obj ective through the over act by at least one 0f Defendants.
`
`48.
`
`As a result, Plaintiffs have been damaged in an amount exceeding the minimum
`
`jurisdictional amounts of this Court.
`
`SIXTH CAUSE OF ACTION: INTERFERENCE WITH BUSINESS CONTRACTS
`
`ORIGINAL PETITION
`
`Page 10
`
`
`
`49.
`
`Plaintiffs incorporate by reference all of the receding paragraphs as if fully set forth
`
`herein.
`
`50.
`
`The Partnership agreement provided that “N0 partner shall do any act detrimental t0
`the interest 0f the Partnership 0r any act that would make it impossible t0 carry 0n the business
`
`affairs of the partnership.”
`
`51.
`
`Defendant Amjed Aljanabi, by conspiring With Defendant Farah Kasab to open
`
`another Spa location breached his duty t0 not d0 any act detrimental t0 the interest 0f the
`
`Partnership. Furthermore, by cancelling appointments and referring customers away from
`Plaintiff Scoop Health and Beauty LLP d/b/a Sigma Laser Med Spa, Defendants made interfered
`
`With the business affairs of the Plaintiffs.
`
`ATTORNEYS FEES
`
`52.
`
`Defendants’ conduct as described herein and the resulting damage and loss t0
`
`Plaintiffs has necessitated Plaintiffs’ retention of the attorney whose name is subscribed below.
`
`Plaintiffs are, therefore, entitled to recover from Defendants an additional sum to compensate
`
`Plaintiffs for a reasonable fee for such attorneys’ necessary services in the preparation and
`
`prosecution of this action, as well as reasonable fee for any and all necessary appeals to other
`
`courts.
`
`DAMAGES FOR PLAINTIFFS
`
`In addition to the damages incorporated in preceding paragraphs, as a direct and
`53.
`proximate result of the occurrence made the basis of this lawsuit, Plaintiff Mohammed A1
`
`ORIGINAL PETITION
`
`Page 11
`
`
`
`Baghdadi, was individually caused to suffer inconvenience and expenses incurred or caused by
`
`the subj ect of this litigation.
`
`As a direct and proximate result of the occurrence made the basis 0f this lawsuit,
`54.
`PlaintiffMohammed A1 Baghdadi has incurred the following damages:
`
`a.
`
`b.
`
`Loss of earnings and business in the past;
`
`Loss 0f earning capacity and business which will, in all probability, be
`incurred in the future; and
`
`c.
`
`Incurrence of fees in process of this suit;
`DAMAGES FOR PLAINTIFF SCOOP HEALTH AND BEAUTY, LLP
`In addition t0 the damages incorporated in preceding paragraphs, as a direct and
`
`55.
`
`proximate result of the occurrence made the basis 0f this lawsuit, Plaintiff Scoop Health LLP,
`
`has incurred the following damages:
`
`a.
`
`Loss 0f income;
`
`b.
`
`Loss of opportunity.
`EXEMPLARY DAMAGES
`Defendants’ actions as alleged above were taken with dishonesty of purpose and
`
`56.
`
`intent t0 deceive. Defendants intended to take undue and unconscientious advantage 0f Plaintiff
`Scoop Health and Beauty LLP d/b/a Sigma Laser Med Spa, and Plaintiff Mohammed Al
`
`Baghdadi. Accordingly, Plaintiffs seek that exemplary damages be awarded against Defendants.
`REQUEST FOR DISCLOSURE
`
`57.
`
`Plaintiffs request that Defendants disclose each of the items listed in TeX.R.CiV.P.
`
`194.2(a)9-(1) Within 50 (fifty) days of service of Plaintiffs’ Petition.
`
`ORIGINAL PETITION
`
`Page 12
`
`
`
`RULE 193.7 NOTICE
`Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs hereby
`
`58.
`
`give notice to all parties that it intends to use all documents produced in response to written
`
`discovery in any pre-trial hearing and at trial.
`
`PRAYER
`
`WHEREFORE, PREMISES CONSIDERED, Plaintiffs
`Defendants gain nothing and for general relief, and that the Court, and after notice and hearing or
`
`pray
`
`the
`
`Court,
`
`that
`
`trial, enters judgment in favor of Plaintiffs, awards Plaintiffs the costs of court, attorney's fees,
`
`pre-judgment and post-judgment interest, actual and consequential damages, punitive damages,
`contractual payments due, and such other and further relief as Plaintiffs may be entitled t0 in law
`
`or in equity.
`
`Respectfully submitted,
`ALMASRI MARZWANIAN & SEPULVEDA
`LAW GROUP, PLLC
`
`Sam Almasri
`Texas Bar N0. 24053071
`Email: sam@theamslawgroup.com
`9330 LBJ Freeway, Suite 120
`Dallas, Texas 75243
`Tel. (214) 227-2777
`Fax. (214) 227-2271
`Attorney for Plaintiffs
`
`ORIGINAL PETITION
`
`Page 13
`
`
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