Narrative Complaint against Mary Anne Gallagher
Assistant Dallas County District Atttorney.
Introduction
Ben Richard Drum has for approx. 5 years been struggling to remove fraudulent liens from the Dallas
County Record and has repeatedly given Notice to the County Clerk with detail of why the instruments
filed against him do not meet the statutory requirement for filing. Several suits involving the Dallas
County Clerk have been filed and purposely delayed so that a trial by jury was avoided by bureaucratic
intent. Ben Richard Drum is presently exercising the right to seek remedy for damage and be granted a
trial by jury in Dallas County. Mary Anne Gallagher who represents the Defendant in this case has
moved the 191st Court to declare Plaintiff, Ben Richard Drum a vexatious litigant in order to delay Mr.
Drum’s right to protect property and redress.
Texas Civil Practice & Remedies Code 11.054
CRITERIA FOR FINDING PLAINTIFF A VEXATIOUS LITIGANT.
A court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that
the plaintiff will prevail in the litigation against the defendant and that:
(1) the plaintiff, in the seven-year period immediately preceding the date the defendant makes the motion under
Section 11.051, has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a
small claims court that have been:
(A) finally determined adversely to the plaintiff;
(B) permitted to remain pending at least two years without having been brought to trial or hearing; or
(C) determined by a trial or appellate court to be frivolous or groundless under state or federal laws or
rules of procedure;
(2) after a litigation has been finally determined against the plaintiff, the plaintiff repeatedly relitigates or
attempts to relitigate, in propria persona, either:
(A) the validity of the determination against the same defendant as to whom the litigation was finally
determined; or
(B) the cause of action, claim, controversy, or any of the issues of fact or law determined or concluded by the final
determination against the same defendant as to whom the litigation was finally determined; or
(3) the plaintiff has previously been declared to be a vexatious litigant by a state or federal court in an action or
proceeding based on the same or substantially similar facts, transition, or occurrence.
HISTORY OF FILINGS BY PLAINTIFF
1. Cause No. 04-12651-J was Plaintiff’s first suit against Defendant Calhoun filed on or about December
20, 2004 and removed as Federal Cause No. 305CV0932-P after Plaintiff enjoined IRS agents. On July
20, 2005 Plaintiff non-suited the IRS agents as noted by the Federal Docket Sheet. After jurisdiction was
removed Judge Solis acted without authority and dismissed the suit against Calhoun with prejudice when
his legal duty was to remand. Solis’s judgment is Void as noted by Plaintiff’s filing in the Federal Docket
Sheet on 10/07/2005 and 05/16/2006.
2. Plaintiff’s second filing was in the Name of the State of Texas, Quo Warranto Petition Case No.0601072 that was well supported by facts, never having moved because the Citation was never ordered to be
issued by Judge Catherina Haynes. This caused the action to sit until it was moot after the election results
and so it was non-suited.
Bar Complaint against
Mary Anne Haren Gallagher
Bar No. 00789985
Page 1 of 3
3. Drum’s Third Action was Case No. 06-09715, a show cause action intended to get the IRS agents who
prematurely filed “Notices” as liens to prove up their claims. Proper Service could not be obtained and
was dismissed without prejudice. Before dismissal of this action Plaintiff initiated the Fourth Action and
was successful in proving the liens were fraudulent and obtained Court Order to remove them in Case
No.06-11476 and so relief had been granted. Plaintiff’s third filing was not against Defendant Calhoun at
all and was included by the Gallagher and Zevallos to bring the total of actions to the statutorily required
number five in order to Move to declare Plaintiff vexatious. Plaintiff’s Third Case was not against
Defendant Calhoun.
4. Since Proper Service would not be possible in a show cause hearing, Plaintiff filed Case No.06-11476.
This was a Motion granted by Texas Government Code 51.903 that allowed for an ex parte finding of fact
against documents purporting to be liens. Plaintiff prevailed in this action. Approx. 60 days after Assoc.
Judge McFarlin’s decision, she decided to vacate her judgment and that was successfully quashed by
Plaintiff. Plaintiff’s fourth filing was not against Defendant Calhoun and it proves that Notices of Liens
are not Liens and do not meet the statutory filing requirements for the recording of liens.
5. The current action would be the fifth filing but only the third filing with Cynthia Figueroa Calhoun
named as a Defendant. This case, Cause No. 06-12413-J has only begun and there is no determination,
therefore only two prior cases were brought against Calhoun and both were non-suited. Plaintiff’s cause
of action is just and was granted by Texas Legislation found in the Civ. Prac. And Remedies Code Ch. 12.
6. In the first hearing Judge Gena Slaughter stated on the record that she only saw three cases- five
are required. All Five Cases had to be decided and the present case is not decided so there are a total
of Four (4) cases:
1st Case- Drum v. Calhoun- Filed in Dec. 2004 – Nonsuited in July 2005
2nd Case- Texas v. Calhoun-Quo Warranto Filed Jan. 2006-Nonsuited Dec.2006
3rd Case-Drum v. IRS agents- filed Sept. 2006-Dismissed w/o prejudice Dec.2006
4th Case-Drum v. Purported Liens – Motion Granted Finding of Fact Recorded
5th Case Drum v. Calhoun et al - PENDING
7. Only the first case comes close to meeting the criteria for vexatious. All Five have to meet the
statutory definition that include being a settled case ruled adversly and the fifth filing cannot be counted
since it has not been decided adversely but is now Pending. On this basis alone Plaintiff Drum cannot by
statute be called vexatious.
ARGUMENT
8. On January 23, 2007 Mary Anne Haren Gallagher filed a Motion to Declare Plaintiff, Ben Richard
Drum a Vexatious Litigant, Stay the Proceedings and Request for Security and object to all of
Plaintiff’s Discovery. See Exhibit 1
9. A meeting of the minds occurred between Mary Haren Anne Gallagher, Bar No.00789985 and Oscar J.
Zevallos Bar No. 24013798 and on January 26th, Oscar J. Zevallos filed his Motion to Declare Plaintiff a
Vexatious Litigant, Stay the Proceedings, and Requesting Security. See Exhibit 2.
10. Mary Haren Anne Gallagher, Bar No.00789985 and Oscar J. Zevallos Bar No. 24013798, attorneys
who are trained in law and legal research, with willful intent took statutory law out of context in order to
Bar Complaint against
Mary Anne Haren Gallagher
Bar No. 00789985
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defeat an opponent. This is treacherous action violates the Texas Lawyer’s Creed Preamble and Section
III Part 10 and Part 17.
Preamble
I am a lawyer; I am entrusted by the People of Texas to preserve and improve our legal system.
I am licensed by the Supreme Court of Texas. I must therefore abide by the Texas Disciplinary
Rules of Professional Conduct, but I know that Professionalism requires more than merely avoiding
the violation of laws and rules. I am committed to this Creed for no other reason than it is right.
III Part 10.
I will not, without good cause, attribute bad motives or unethical conduct to opposing counsel nor bring
the profession into disrepute by unfounded accusations of impropriety. I will avoid disparaging personal
remarks or acrimony towards opposing counsel, parties and witnesses. I will not be influenced by any ill
feeling between clients. I will abstain from any allusion to personal peculiarities or idiosyncrasies of
opposing counsel. (In this case opposing counsel is Plaintiff.)
III Part 17.
I will comply with all reasonable discovery requests. I will not resist discovery requests which are not
objectionable. I will not make objections nor give instructions to a witness for the purpose of delaying
or obstructing the discovery process. I will encourage witnesses to respond to all deposition questions
which are reasonably understandable. I will neither encourage nor permit my witness to quibble about
words where their meaning is reasonably clear.
AFFIDAVIT(Verification)
I, Ben Richard Drum, am over age 21, have not been convicted of a felony, am competent to testify to this
matter by having personal knowledge of all of the statements in this Affidavit and in the foregoing Bar
Complaint and I do hereby certify and verify that all of the statements and attachments in this affidavit are
true and correct to the best of my knowledge, ability and understanding and that it is sworn to and signed
under the penalties of perjury of these united states of America.
State of Texas
County of Dallas
§
§ ss:
§
Know all men by these presents:
FURTHER AFFIANT SAYETH NAUGHT.
By: __________________________________
Ben Richard Drum, Affiant
SWORN TO AND SUBSCRIBED TO BEFORE ME, on this the 14th day of May, 2007.
By:___________________________________
Notary Public, State of Texas
seal
Bar Complaint against
Mary Anne Haren Gallagher
Bar No. 00789985
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