PAGE 11   August 17, 1990 SECTION: Vol 4; No 31; Sec 1; pg 8 LENGTH: 577 words HEADLINE: South Side Doctor Sues Home Advantage Over Investment BYLINE: Donna Tuttle DATELINE: San Antonio; TX; US BODY: San Antonio South Side physician Jose Gamboa is taking the son of a local real estate developer to court over an investment deal allegedly gone sour. In a lawsuit filed in Bexar County District Court on June 28, Gamboa contends that principals in local construction and financing company, Home Advantage Inc., failed to pay Gamboa for his investment in the company. Gamboa was granted a temporary restraining order on Aug. 8 by Judge Michael Curry in Bexar County District Court. The restraining order prevents Home Advantage and its president, Kenneth Saks, from taking any action that would dilute Gamboa's interest in the corporation and from using any of Home Advantage's assets to pay personal expenses. Kenneth Saks said he and the other principals of Home Advantage "wholly deny the allegations" in Gamboa's lawsuit and plan to counterclaim in a temporary injunction hearing next week. "His (Gamboa's) allegations are completely unfounded," Saks said. Saks is a lawyer and the son of local real estate developer David Saks. The elder Saks and his partner, Doyle Spruill, are general partners in a handful of commercial real estate deals in Texas that filed voluntary bankruptcy petitions between 1985 and 1990. The temporary restraining order also prohibits Saks from transferring any assets of Home Advantage to his father or to any of his father's business interests, which include Omni Interests, S.A. Phoenix, Express Cash International Inc., J.B. Sanchez and Dreycup Inc., among others. Gamboa's lawsuit states that the principals in Home Advantage have claimed that Gamboa "has no interest in Home Advantage," but Gamboa alleges that in April 1988 he purchased a participation interest in loans originated by Home Advantage. Income made from those particular loans were to be held in trust for Gamboa and the corporation, the suit contends. PAGE 12 San Antonio Business Journal 1990 UMI/Data Courier Two months later in June 1988, Gamboa agreed to purchase 50 percent of the outstanding unissued stock of Home Advantage, making him a 50 percent owner, Kenneth Saks a 40 percent partner and Kenneth's brother Carl Saks a 10 percent owner, the lawsuit alleges. John Carroll, Gamboa's attorney, said his client invested small amounts as needed into Home Advantage, eventually injecting more than $ 100,000 into the deal. Carroll is a lawyer with the Law Offices of Jack Paul Leon in San Antonio. About one year later in March 1989, Gamboa's son, Carl, worked out a liquidation agreement with the principals of Home Advantage, the lawsuit alleges, but Gamboa has yet to see his money. The alleged liquidation agreement between the principals called for an accounting of company assets and income. Based on the results of that accounting, Gamboa claims he was to receive 35 percent of earnings on notes, 50 percent of earnings on contracts, and the original money he invested in the deal, the lawsuit alleges. To date, Gamboa has seen neither any documentation of accounting nor any money from the deal, the suit contends. In addition, Gamboa claims that the principals of Home Advantage were aware of "valuable opportunities," including alleged work building and remodeling some of the Express Cash International pawnshops. Those opportunities could have increased the value of investments in the company, the suit alleges, but Saks failed to disclose that to Gamboa at the time of his stock liquidation. A hearing for a temporary injunction is set for Aug. 22 in Bexar County District Court. SUBJECT: Construction companies; Litigation; Investments; Physicians; Southwest NAME: Jose Gamboa GEOGRAPHIC: Southwest Region; San Antonio; TX; US COMPANY: Home Advantage Inc; SIC: 1500