HOUSTON - Houston personal injury lawyers say they are locked out of their office and have gone to court to reopen the doors.
A series of sublease agreements has resulted in a suite owner at the Kirby Grove office building posting an eviction sign at an office used by Kherkher Garcia, a plaintiffs firm that says in a May 1 lawsuit in Harris County District Court that it is unable to tend to its clients' cases.
Despite sending $134,000 directly to the landlord, Kherkher Garcia was still forced to file its complaint to get back working. Attorneys showed up to work on April 30 to find an eviction sign waiting for them.
"Plaintiffs were locked out from their offices and barred from using or retrieving property from within the offices, including essential computer equipment," the suit says.
"This immediately and substantially interfered with Plaintiff's normal course of business. Kherkher Garcia relies on continuous access to its office to conduct daily operations, including client meetings, legal research and document preparation.
"A continued lockout would severely disrupt these activities, leading to potential loss of business and damage to the firm's reputation."
Absent a deal on the side with the suite owner, Kherkher Garcia will have to wait until May 16 to present its argument to Judge Don Sepolio. Steve Kherkher did not respond to an email message seeking comment from the Southeast Texas Record.
GG Kirby Grove owns the suite, which is adjacent to Kherkher Garcia's original office. The Heard Law Firm leased it from GG Kirby Grove, then subleased it to Last Mile Energy Holdings in 2021.
Looking to expand its work area, Kherkher Garcia signed a sublease with Last Mile - all with GG Kirby Grove's knowledge, the suit says. Under the arrangement, Kherkher Garcia paid the rent to Last Mile, which sent it to the Heard Law Firm, which paid the landlord.
But something got lost along the way, the suit says, resulting in a six-figure, unpaid bill. Though Kherkher Garcia was blindsided by the eviction, the property manager - Transwestern Property Company - had written Heard Law Firm April 17 about the problem.
"Immediately following the eviction, Plaintiffs learned that Heard Law Firm had not been forwarding Kherkher Garcia's rent payments to the landlord," the suit say. "No one notified Plaintiffs that Heard Law Firm was in arrears on its payments to the landlord."
Kherkher Garcia wired GG Kirby Grove $134,616.06 after the eviction. But an affidavit from Transwestern's Donna Callan says she told Kherkher not to do so, and that "the wired funds are being returned to the sender's account."
The suit says GG Kirby Grove "wrongfully exercised dominion" over Kherkher Garcia's computers, printers and other office equipment by placing chains on the doors. It accuses GG Kirby Grove of violating Texas Property Code.
"The lockout was improper because the defendants failed to notify Plaintiffs that the lockout would be imminent, or that Heard Law Firm was in arrears with rent payments," the suit says.
"The notice was not only inadequate, it was non-existent. Further, Kherkher Garcia made a payment to compensate for the unpaid rent, but the landlord still failed to allow Plaintiffs access."