Travis County 201st Judicial District | Cause No. D-1-GN-25-011050
8. Plaintiff employed Defendant Kerry Webb as one of its coaches from November 2016 until December 2025, when his employment was terminated for cause.
9. At all times relevant hereto, Webb was a full-time at-will employee subject to a Non-Solicitation Agreement and a Nondisclosure and Work Assignment Agreement executed by Webb.
20. In or around July 2025, Plaintiff discovered that during Webb’s employment, Webb was soliciting Plaintiff’s Clients through an entity that he had created called "Peak Leadership Consulting" in direct violation of his Non-Solicitation Agreement and Nondisclosure Agreement.
21. In lieu of termination, Plaintiff and Webb executed a Settlement Agreement on July 16, 2025.
26. Unbeknownst to Plaintiff, Webb continued to violate the terms of all three agreements. Specifically, Webb utilized Plaintiff's computer equipment and videoconferencing account to communicate with representatives of Ten Peaks Media, LLC (doing business under the assumed name Hero Marketing Agency, LLC) ("Hero") to establish three more competing businesses.
VERBATIM TRANSCRIPTION: PAGES 1-5 OF 17
FILED: 12/19/2025 5:22 PM | VELVA L. PRICE, DISTRICT CLERK | TRAVIS COUNTY, TEXAS
SERVICE EXCELLENCE TRAINING, LLC, Plaintiff,
V.
KERRY WEBB, Defendant.
IN THE DISTRICT COURT | 201ST JUDICIAL DISTRICT | TRAVIS COUNTY, TEXAS
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff SERVICE EXCELLENCE TRAINING, LLC ("Service Excellence" or "Plaintiff") files this Original Petition and Application for Temporary Restraining Order against Defendant KERRY WEBB ("Webb") and in support thereof would respectfully show unto this Court the following:
1. Plaintiff intends to conduct discovery under Level 3 of the Texas Rules of Civil Procedure 190.4 and affirmatively pleads that this suit is not governed by the expedited-actions process in Texas Rules of Civil Procedure 169 because it seeks injunctive relief.
2. Plaintiff seeks monetary relief over $250,000 but not more than $1 million and non-monetary relief.
3. Plaintiff SERVICE EXCELLENCE TRAINING, LLC is a limited liability company doing business in Hays County, Texas at its principle place of business located at 142 Cimarron Park Loop, Suite E, Buda, Texas 78610.
4. Defendant KERRY WEBB is an individual resident of Texas, and may be served with process in Denton County at 2039 Meadows Avenue, Lantana, Texas, 76226 or wherever he may be found.
5. The Court has subject matter jurisdiction over the lawsuit because the amount in controversy exceeds this Court's minimum jurisdictional requirements. Venue is appropriate is Travis County, Texas because this is a suit for breach of a written contract between the parties which provides for exclusive jurisdiction and venue in this county.
6. Plaintiff Service Excellence is a Texas limited liability company that provides business coaching and training to residential home services companies (Service Excellence's "Clients") to help them grow their companies and improve services to customers.
7. Each of Service Excellence's Clients is assigned to a Lead Coach to ensure that the Client develops a strong relationship with Service Excellence.
8. Plaintiff employed Defendant Kerry Webb as one of its coaches from November 2016 until December 2025, when his employment was terminated for cause.
9. At all times relevant hereto, Webb was a full-time at-will employee subject to a Non-Solicitation Agreement and a Nondisclosure and Work Assignment Agreement executed by Webb. In addition, Webb executed an Acknowledgment of receipt of Plaintiff's Employee Handbook in 2019, which includes policies relating to employee conduct, confidentiality, use of company resources, conflicts of interest, outside employment, electronic systems, and protection of company information.
10. The Non-Solicitation Agreement provides that Webb "shall not in any way directly or indirectly, call upon, solicit, respond to, advise or otherwise do or attempt to do business, with any then-existing or Past customer or licensee of [Plaintiff] or any affiliate of [Plaintiff] or otherwise to take away or attempt to interfere with any then-existing or Past customer, licensee, trade, business or patronage of [Plaintiff] or any affiliate, or assist, cooperate or encourage any third party to do any of the foregoing" during his employment with Plaintiff or for a period of twelve (12) months thereafter.
11. Moreover, the Non-Solicitation Agreement provides that Webb "shall not divulge, furnish or make accessible to anyone or use directly or indirectly to the detriment of [Plaintiff] in any way any Confidential Information...of [Plaintiff] which [Webb] has acquired or become acquainted with during the term of his employment by [Plaintiff] or any time thereafter, whether developed by himself or by others..." Confidential Information is defined broadly in the Non-Solicitation Agreement to include "all information, regardless of its form or format, about the [Plaintiff], its customers and employees that is not readily accessible to the public and not a matter of common knowledge in the [Plaintiff]'s business trade or industry and that is disclosed to or learned by [Webb] as a direct or indirect consequence of or through [Webb]'s employment with the [Plaintiff]." Importantly, Confidential Information specifically includes "information about [Plaintiff]'s technology, finances, business methods, plans, operations, services, products and processes...sales plans; sales records; sales literature; customer lists and files...pricing strategies; price lists; sales or licensing terms and conditions; consulting sources; supply and service sources; procedure or policy manuals...".
12. The Non-Solicitation Agreement further contains an acknowledgement and agreement that a breach of the Non-Solicitation Agreement "may cause the [Plaintiff] irreparable injury that cannot adequately be compensated by monetary damages alone," that Plaintiff would be "entitled to equitable relief by preliminary and permanent injunction or otherwise," and that "any and all proceeds, funds, payments and proprietary interests, of every kind and description, arising from, or attributable to, such breach shall be the sole and exclusive property of [Plaintiff]" and that Plaintiff would be "entitled to recover any additional actual damages incurred as a result of such breach".
13. The Non-Solicitation Agreement provides for the application of Texas law and provides for exclusive jurisdiction and venue in "a state or federal court located in Travis County, Texas".
14. Finally, the Non-Solicitation Agreement provides that [Plaintiff] would be entitled to recover reasonable attorneys' fees should it prevail in "any action at law or in equity, including any action for declaratory or injunctive relief...to enforce or interpret the provisions of [the Non-Solicitation Agreement]".
15. In addition, Webb duly executed a Nondisclosure and Work Assignment Agreement (the "Nondisclosure Agreement") in connection with his employment with Plaintiff.
16. The Nondisclosure Agreement obligates Webb to "devote his or her full working time...to the business of [Plaintiff]" and precludes him from "directly or indirectly compet[ing]" with Plaintiff either on his own behalf or on behalf of any third party, or from "engag[ing] in any business which is competitive with that of the [Plaintiff] or accept employment with or tender services to a competitor as a director, officer, agent, employee or consultant".
17. The Nondisclosure Agreement further makes all of Webb's work product during his employment the sole and exclusive property of Plaintiff.
18. The Nondisclosure Agreement also acknowledges that, as part of his employment, Webb would have access to Plaintiff's Confidential Information (as defined therein). Webb agreed in the Nondisclosure Agreement "not to provide the names of customers of the [Plaintiff] to any other person, firm, partnership, corporation or association," to "maintain the secrecy of the computer programs and the associated materials which may accompany them," and to refrain from "divulg[ing], furnish[ing] or mak[ing] accessible to anyone or use directly or indirectly to the detriment of [Plaintiff] in any way any Confidential Information of [Plaintiff] which [Webb] has acquired or become acquainted with during the term of his employment" or any time thereafter, and to return any Confidential Information upon leaving Plaintiff's employment.
19. Finally, the Nondisclosure Agreement acknowledges the absence of an adequate remedy at law for breach of the agreement and provides for injunctive relief to "prevent the breach thereof".
20. In or around July 2025, Plaintiff discovered that during Webb's employment, Webb was soliciting Plaintiff's Clients through an entity that he had created called "Peak Leadership Consulting" in direct violation of his Non-Solicitation Agreement and Nondisclosure Agreement. Webb later admitted to this activity.
21. In lieu of termination, Plaintiff and Webb executed a Settlement Agreement on July 16, 2025, whereby Plaintiff agreed not to terminate Webb's employment and in exchange, Webb agreed to certain agreements and conditions upon his employment.
22. The Settlement Agreement provides that the terms of the Non-Solicitation Agreement and the Non-Disclosure and Work Assignment Agreement would remain in full force and effect.
23. The Settlement Agreement further includes a Non-Disparagement provision precluding Webb from making, publishing or communicating any "defamatory or disparaging remarks, comments, or statements concerning any member of [Plaintiff] or its businesses, or any of its employees, officers, managers, or members".
24. The Settlement Agreement includes a choice of law provision requiring the application of Texas law to "all matters arising out of or relating to th[e Settlement] Agreement and [Webb]'s employment or termination of employment..." and providing for the mandatory jurisdiction of claims or disputes Travis County, Texas.
25. Plaintiff has fully performed its obligations under the Settlement Agreement.