Business owners seek injunction to enforce sales agreement

Kelly Holleran Jul. 18, 2011, 8:10am

Two owners of a business claim they will suffer damages to their establishment unless the court orders three people to keep to the terms of multiple agreements.

Ruben and Carmen Hernandez filed a temporary restraining order July 8 in Jefferson County District Court against Cliff Hilton, Nancy Hilton, Cliff and Nancy Inc., Larry Hernandez and Hernandez Bookkeeping and Tax Service.

In their order, the Hernandezes want the court to enforce an asset purchase and sales agreement, a promissory note and a security agreement.

They also want the court to keep the defendants from destroying records in their possession that relate to Sertino's Cafe in Port Arthur and to prevent the defendants from interfering with contracts between the plaintiffs and their vendors. In addition, the plaintiffs want the court to prevent the defendants from taking control of their company.

"It clearly appears that Defendants will commit said acts before notice of the hearing on the Motion for Temporary Injunction can be served and a hearing had; and that if the commission of said acts not be immediately restrained, Plaintiff may suffer irreparable injury, to-wit: Plaintiff may experience substantial business interruption, disruption, and possible destruction, interference with business relationships with vendors, suppliers, and customers including the Motiva contract for services, and loss of good will," the suit states.

Judge Gary Sanderson enforced the Hernandezes requests and ordered on July 19 the defendants to refrain from performing the actions named in the plaintiff's complaint.

Case No. B190-467

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