COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING EN BANC Appellate case name: Phan v. CL Investments, LLC Appellate case number: 01-20-00551-CV Trial court case number: 2019-76626 Trial court: 215th District Court of Harris County

The panel and the rest of the en banc court having voted unanimously, CL Investments, LLC’s motion for rehearing en banc is denied.

Justice’s signature: /s/ Gordon Goodman Acting for the Court

Before: Chief Justice Radack and Justices Kelly, Goodman, Landau, Hightower, Countiss, Rivas- Molloy, Guerra, and Farris. Panel consists of Justices Goodman, Landau, and Countiss.

Date: February 15, 2022