California man seeks judgment in case over lien

John Suayan, Galveston Bureau Mar. 30, 2011, 12:13pm

GALVESTON - A California man requests that a local county court judge rule that BZB Inc. is barred from asserting any claims against him.

Earvin Liang of San Mateo, Calif., seeks a declaratory judgment from Galveston County Court at Law No. 1 Judge John Grady, stating the defendant did not properly affirm claims in a federal lawsuit.

According to the original petition filed March 21, Liang filed suit in the Galveston Division of the Southern District of Texas in October 2009 against BZB over a fraudulent sale of real property in Galveston County.

The plaintiff accused the company of "not properly crediting certain offsets against the amounts he owed under a second priority lien note in favor of BZB secured against the property he purchased," the suit states.

The court assigned to the case ruled a year later that Liang was entitled to offsets against the second lien note. Both parties mutually dismissed all other remaining claims, closing the suit in January.

Liang claims BZB, however, again demanded payment under the second lien note.

"Pursuant to Federal Rule of Civil Procedure 13, BZB's failure to assert its claims for amounts alleged to be due under the second lien note, operates as a bar for BZB to assert them in any future proceeding," the suit says.

Porter and Powers PLLC is representing the plaintiff.

Cause No. 64,936

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