Al Hoang Lawsuit Anti-SLAPP Motion With Exhibits

8/10/2019 Al Hoang Lawsuit Anti-SLAPP Motion With Exhibits

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No. 2014-59665

Aloysus Hoang

vs.

Thinh Dat Nguyen

Thoi Bao Houston

In the 215th District Cou

Harris County, Tex

Amended Motion to Dismiss

Under the Texas Citizens Participation Act

Judge Palmer:

Defendants Thinh Dat Nguyen and Thoi Bao Houston ask for relief

under the Texas Citizens Participation Act, Tex. Civ. Prac. &

Rem. Code §§ 27.001 et seq., and would show that the legal action is

based on, relates to, or is in response to the defendants’ exercise of the

right of free speech, right to petition, or right of association; and that

the plaintiff has brought similar actions in the past and must be

sanctioned to deter him from bringing similar actions in the future.

Plaintiff is a public figure: he is a former Houston City Council

member, and a candidate for State Representative. See Plaintiff’s

Original Petition at 3–4.

Plaintiff’s complaint is based on the defendants—a magazine and

its editor-in-chief—writing and saying things about his politics while

he was a candidate for the Texas Legislature. See Plaintiff’s Original

Petition. These are by definition communications on a matter of public

concern, Tex. Civ. Prac. & Rem. Code § 27.001(1), (7).



The aim of Chapter 27 of the Texas Civil Practice and Remedies

Code is:to encourage and safeguard the constitutional rights of persons to petition, speak

freely, associate freely, and otherwise participate in government to the maximum

extent permitted by law and, at the same time, protect the rights of a person to file

meritorious lawsuits for demonstrable injury.

The plaintiff is in the habit of filing vexatious lawsuits aimed at

chilling his critics’ right to speak freely and participate in government.

This is at least the fifth time he has filed a meritless lawsuit aimed at

limiting public participation.

On June 10, 2003, in Cause Number 2003-32226, in the 151st

District Court of Harris County, the plaintiff filed a lawsuit against

various defendants for libel and conspiracy based on public statements

(“the author labeled [plaintiff] as a communist cadre, an

unprofessional attorney, an evil and wicked person”) about the

plaintiff, a public figure. A copy of the petition in Cause Number

2003-32226 is attached as Exhibit “A.” A copy of the nonsuit in

Cause Number 2003-32226 is attached as Exhibit “B.”

Also on June 10, 2003, in Cuase Number 2003-32229, in the

157th District Court of Harris County, the plaintiff filed a lawsuit

against various defendants for libel and conspiracy based on public

statements that the plaintiff, a public figure, had released confidential



information, exaggerated, and lied about a meeting seeking a City of

Houston resolution recognizing the Republic of Vietnam’s flag as theysymbol of Houston’s Vietnamese refugee communication. A copy of

the petition in Cause number 2003-32229 is attached as Exhibit “C.”

A copy of the dismissal order is attached as Exhibit “D.”

On September 6, 2005, in Cause Number 2005-57256, in the

151st District Court of Harris County, the plaintiff sued a defendant

for, among other things, libeling the plaintiff by, among other things,

“libel[ing] Plaintiff to have secret dealings with the Vietnamese

Communist Politburo.” A copy of the petition in Cause Number

2005-57256 is attached as Exhibit “E.” A copy of the order dismissing

Cause Number 2005-57255 for want of jurisdiction is attached as

Exhibit “F.”

On April 18, 2012, in Cause Number 2012-22612, in the 190th

District Court of Harris County, the plaintiff filed a lawsuit against a

doctor for claiming publicly that he had treated the plaintiff’s children

for free. A copy of the petition in Cause Number 2012-22612 is

attached as Exhibit “G.” A copy of the order dismissing CauseNumber 2012-22612 with prejudice is attached as Exhibit “H.”



Prayer

For these reasons, please:

• Set this motion for a hearing not later than the 60th day after the

date of service of the motion, Tex. Civ. Prac. & Rem.

Code §27.004(a);

• Rule on the motion not later than the 30th day after the hearing,

Tex. Civ. Prac. & Rem. Code §27.005(a);

• Dismiss the legal action, Tex. Civ. Prac. & Rem. Code

§27.005(b);

• Issue findings that the legal action was brought to deter or

prevent the defendants from exercising constitutional rights and

was brought for an improper purpose, including to harass or to

cause unnecessary delay or to increase the cost of litigation,

Tex. Civ. Prac. & Rem. Code §27.007(a);

• Award to the defendants court costs, reasonable attorney’s fees,

and other expenses incurred in defending against the legal action

as justice and equity may require, Tex. Civ. Prac. & Rem.

Code

§27.009(a)(1); and• Award to each defendant sanctions against the plaintiff as the

court determines sufficient to deter the plaintiff from bringing



similar actions described in this chapter, Tex. Civ. Prac. &

Rem. Code

§27.009(a)(2).

Certificate of Service

I certify compliance with Texas Rule of Civil Procedure 21.

Thank you,

________________________

Mark Bennett

SBN 00792970

Bennett & Bennett

917 Franklin Street, Fourth Floor

Houston, Texas 77002

713.224.1747

[email protected]


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In accordance with Texas Government Code 406.013 electronically transmitted authenticated

documents are valid. If there is a question regarding the validity of this document and or seal

please e-mail [email protected]

HARRIS COUNTY, TEXAS

Chris Daniel, DISTRICT CLERK

I, Chris Daniel, District Clerk of Harris

County, Texas certify that this is a true and correct copy of the original record filed and or

recorded in my office, electronically or hard

copy, as it appears on this date.

Witness my official hand and seal of office

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County, Texas certify that this is a true and

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