Defendants fight to transfer breach of contract case

By David Yates | May 5, 2011

Several defendants in a breach of contract case recently supplied supplemental evidence to support their motion to transfer venue from Jefferson County to Harris County.

On Nov. 18 Starco Impex, a Texas corporation doing business as Wholesale Outlet, filed suit against Katalyst Distribution, a Houston company, and the six individuals it claims interfered with its contract to have exclusive selling rights of certain products.

In its suit, Starco alleges it should have been the exclusive distributor of certain products manufactured by Katalyst Beverage Corp.

According to the complaint, however, defendants Abraham Baba, Shukri Ganim, Charlie Baba, Johnny Gamin, Nader Ganim, Haitham Baba and John Gamin induced Katalyst Beverage to renege on its contract with Starco and begin selling its products through Katalyst Distribution, an entity of which defendants are members.

The defendants answered the suit on Jan. 6, arguing the case belongs in Harris County since none of defendants reside in Jefferson County. They also denied that a substantial part of the plaintiff's allegations occurred there, court papers say.

On March 19 the defendants supplied supplemental evidence to support their motion to transfer, submitting the affidavit of Baba, the president of Katalyst Distribution.

In his affidavit, Baba says Katalyst had already filed suit against Starco in New Jersey federal court on Nov. 16 � two days before Starco filed its suit in Jefferson County.

The affidavit also states that none of the suit's parties reside in Jefferson County and no dealings took place there.

Starco is seeking actual damages, plus costs and other relief the court deems just.

Glen W. Morgan of Reaud, Morgan and Quinn in Beaumont represent it.

The defendants are represented by Houston attorney Charles Mansour.

Judge Donald Floyd of the 172nd District Court is presiding over the case.

Case No. E188-828

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