Restaurant owners seek TRO against associate

John Suayan, Galveston Bureau Oct. 15, 2008, 8:46am

GALVESTON – The alleged misbehavior of an associate has prompted a Kemah eatery and its business partner to seek assistance from the Galveston County District Court.

Heads N Tails Bar & Grill LLC and Miller Ventures LLC are requesting a temporary restraining order and temporary injunction against Milad Elais of La Porte from Galveston County 405th District Court Judge Wayne Mallia. The bar alleges Elais is trying to ruin their business with disruptive conduct.

Stakeholder Erik C. Miller filed the complaint, which also accuses Elais of abandoning the establishment just months after its opening, on behalf of the entities on Oct. 3.

Elais "was initially involved in the operation of the restaurant" when it opened in March, court documents state.

"However, on or about Aug. 14, 2008, (Milad) Elais abandoned his business, handed over the keys, and did not return to the restaurant until Oct. 2," the original complaint says, adding Miller assumed ownership of the establishment in place of Elais.

Elais came back to Heads N Tails with a party of six the night of Oct. 2. The suit argues that he was intoxicated and hostile toward the staff.

"Elais ordered drinks for himself and his party," it says. "When the bartender requested a credit card to secure a tab, Elais became belligerent and shouted, 'I own this [expletive] place and I do not need to pay.'

In response, management ordered employees not to serve Elais and his group and asked him to leave.

"Elais continued his belligerent behavior, went to the bar, and prepared drinks for his party," the suit says. "He continued to shout profanities at everyone nearby."

It further claims the ex-owner harassed the customers and threatened the bar staff. Miller eventually contacted authorities, who suggested he obtain a TRO.

Miller said Elais's attorney informed him that his client's plan "is to disrupt the operation of the business and that he plans to continue entering the business to disrupt and destroy it until he is paid to leave."

"Plaintiffs believe that Elais will continue to engage in disruptive conduct until the business is destroyed," the suit says. "Plaintiffs file this suit to expel (Milad) Elais from membership in Heads N Tails Bar & Grill, LLC."

They hope to prevent the defendant from doing the following:

  • Entering the premises of Heads N Tails Bar & Grill at 1053 Marina Bay Dr., Kemah, Galveston County, Texas 77565 or coming within 50 feet of such premises pending further order of the assigned court;
  • Communicating with any costumers of Heads N Tails Bar & Grill;
  • Communicating with any third party on behalf of Heads N Tails Bar & Grill; and
  • Engaging in any transaction involving any assets, bank accounts or credit accounts of Heads N Tails Bar & Grill.

    "Unless (the) defendant is restrained, the business will not survive until the case is tried," the complaint says.

    The plaintiffs are represented by attorney Michael T. Fuerst of the Fuerst Law Firm in Cypress.

    Case No. 08CV1014

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