Thursday, October 15, 2015

Contractor sues defunct Fish & The Knife sushi restaurant for cost of installing margarita machine

Contractor sues defunct sushi bar and restaurant 
alleging they failed to pony up   

In a lawsuit filed October 14, 2015 in Harris County District Court Eric Damshekan alleges that the Fish & The Knife Sushi Bar & Grill restaurant, formerly at 7801 Westheimer, did not pay his bill for installation of a margarita machine.

Damshekan states that he filed a contractor's lien in January 2015 for $2,467.00 and now seeks to foreclose the lien to collect the amount owed. He also requests attorney's fees and court costs. The Original Petition was signed by Adam W. Fomby with the Houston law firm FOMBY & ZARGHOUNI LLC. Public records show that Fish & The Knife, Inc. has forfeited its right to do business in Texas.

Damshekan filed the contractor's lien against the property and has named the property owner as a defendant in addition to the restaurant. According to HCAD data, the land is appraised at a value in excess of $2 mil.

A Latin American beef-centric concept -- Churrasca Brazilian Steakhouse -- has since replaced the ill-fated fish & knife sushi club at 7801 Westheimer.
Sample pleading from suit by contractor against restaurant over equipment installation

Cause No. 2015-61100; Eric Damshekan v Fish & The Knife Inc. d/b/a Fish & The Knife Sushi Bar & Grill, and Karia Y WM Houston Ltd; filed with the Harris County District Clerk 10/14/2015 and assigned to the 80th District Court.


It is not the first lawsuit against the failed restaurant. In January 2015, CINTAS-R.U.S., L.P., filed suit against Fish & The Knife, Inc. on a textile rental services contract in county court, and later obtained a default judgment for $13,260.23 (most of which represented charges for the remainder of the contract term) and $2,500 in attorney's fees.

Default Judgment in lawsuit by linen service provider against restaurant

The hospitality services company attempted to have the judgment executed, but the effort was unsuccessful as the sushi operation on the corner of Westheimer and Stoney Brook had been shut down, and no assets were seized. Accordingly to the Constable's official report, the fish-and-knife signage was still on display.

Constable's return on execution of  judgment - unexecuted - nullo bono

Cause No. 1057339;  CINTAS RUS LP V FISH & KNIFE INC., Harris County Civil Court at Law No. 2.

Earlier, in July 2014, another contractor, International Hardwood Flooring LLC, sued both the restaurant and the property owner on an unpaid bill for flooring, which had also resulted in a mechanic's lien. That lawsuit was likewise filed in a county court at law and resulted in a summary judgment in favor of the contractor that also confirmed the lien and authorized foreclosure. The claim against the restaurant was dropped. The property owner satisfied the judgment and the contractor filed a release.

Example of release of judgment - satisfaction of judgment

Cause No. 1049629; International Hardwood Flooring, L.L.C. vs. Fish & The Knife, Inc and Karia Y WM Houston, Ltd., Harris County Court at Law No. 1.

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