Friday, December 10, 2010


Unlike Carlos Quintanilla I do not have Board Members leaking things to me - Who on the BISD Board is discussing legal matters taken up in executive session with him? This forms yet another basis for removal.


He is now claiming everything he knows he is getting from court documents and no one is talking to him.  Fine - then why not tell people that the documents filed do not claim the DTPA issue is a frivolous issue?  Why does he not tell people that the pleadings make clear that this only issue is one in abatement for 60 days and has nothing to do with the merits of the lawsuit?  Why does he not tell people that the abatement issue, as made clear in the pleadings has nothing to do with the other issues in the lawsuit?

Answer - he lies because he can.  Why is Saavedra not defending BISD against these lies - because she herself is as evil as the felon Quintanilla.

How does he know what Pena wants to put on the agenda at the next meeting unless someone on the BISD Board told him she made the request?  Answer they are talking to him - Presas-Garcia was his source on the Joe Rod case - this is no great secret - this is an incredible breach of her fiduciary duty to BISD.

For anyone interested - here is the Healthsmart lawsuit - all of the issue - not just the DTPA

Quintanilla continues to attack me because he cannot attack the fact he is proven a habitual liar.

To the entire Board - every Board Member is guilty of breaching their duties to the electorate by not calling a press conference to denounce all of these lies. (This includes Pena, Aguilar and Colunga)  Saavedra, Longoria, Presas-Garcia, and Escobedo are more guilty because they are the ones destroying BISD by working with this convicted felon.

I am happy to report Thompson and Horton have been downloading documents from the BV since 3:33 p.m. this afternoon.  With these documents in hand they will not be able to tell the FBI they did not know.


The allegation is because BISD did not provide Healthsmart with the statutory notice under the DTPA the lawsuit is frivolous - this is desperation by Presas-Garcia, Longoria, Saavedra, and Escobedo.  Remember Escobedo took money from Ted Parker of Healthsmart.

First of all - lets assume this in fact did happen - the problem only affects the DTPA claim and not the other non-DTPA claims.  The DTPA claim is to secure statutory treble damages.  Saavedra you say you are for the children  - so why do you continue to not take a public position on the $15 million BISD can recover in this case, when statutory damages are included?  BISD is facing a potential $20 million dollar budget short fall and Presas-Garcia, Longoria, Escobedo and Saavedra want to walk away from $15 million dollars.


If proper notice is not given in a DTPA case, the court on request is to abate the case until 60 days after proper notice is given - this problem has nothing to do with the merits of the case - it is simply to provide the defendant a chance to settle so as to avoid treble damages - further it has nothing to do with the contract damages or fraud damages.

Why do these 4 continue to con the people out of $15 million dollars?  I do not know - who votes to dismiss a $15 million dollar lawsuit, when in Lubbock Ted Parker has already paid out.   I say follow the money - we know Escobedo already voted to reinstate Rendon after his brother got a million dollar contract.  We know Escobedo took money from Ted Parker and then voted to keep Healthsmart.

Again the law.

The current version of the statute continues to specify that abatement is the appropriate remedy when a plaintiff fails to provide presuit notice:

(d) The court shall abate the suit if the court, after a hearing, finds that the person is entitled to an abatement because notice was not provided as required by this section. A suit is automatically abated without the order of the court beginning on the 11th day after the date a plea in abatement is filed under Subsection (c) if the plea in abatement:
(1) is verified and alleges that the person against whom the suit is pending did not receive the written notice as required by Subsection (a); and
(2) is not controverted by an affidavit filed by the consumer before the 11th day after the date on which the plea in abatement is filed.
(e) An abatement under Subsection (d) continues until the 60th day after the date that written notice is served in compliance with Subsection (a).

TEX. BUS. & COM.CODE ANN. § 17.505(d), (e)


Anonymous said...

If the Brownsville Voice becomes another alternative for the people besides the herald, the voters would probably vote for the most qualified candidates. Maybe with another alternative the herald might then do it's job.

Anonymous said...

Hey Bobby, can anyone really believe that someone who has been in prison can be trusted with telling the truth? Questions: Why would a man from Dallas Texas come to Brownsville Texas and fight for a health insurance company (Healthsmart) and is heard saying he will now fight for Colonial. It is said that he has a home in Dallas with a swimming pool and tennis courts, is that true? (Google his address) How is he supporting himself? Who is behind this/him? Are these companies sending this man to fight for their contracts? Are they sending this man to bully people into taking care of these companies? Does that sound a bit like racketeering? Think about it..........

BobbyWC said...

I read somewhere that he owns a business which sells Mexican imports -

Let's assume we put him in the position of being a marketing person for Healthsmart - if every person who works in marketing who advocates for their clietn were charged with a RICO there would be no one in marketing-

As to Colonial - it is simply being used as a tool to get to something else

Bobby WC

Anonymous said...

Hey Bobby, Who do you think is telling Quintanilla what goes on in executive session? Who has been revealing that type of information for the last two years? One guess! It is probably none other than Mrs. Presas-Garcia herself. Don't you agree? Why? Because she can and nobody and I mean NOBODY can stop her. She is a noise maker and now she is at the head of the table and will continue to make NOISE anytime she wants. Live with it; that is all anyone can do. So, so, so SAD! (Remember: Brownsville voters put her there and Brownsville voters will just have to live with it.)

BobbyWC said...

In the case of Joe Rod she was clearly the source of information to Quintanilla - but now I suspect one of two people

My hands are a bit tied because I know things I cannot disclose -

I will say this - in the world of emails and the FBI not needing much to look at someone's emails I am 100% sure the culprit has already been identified

And yes - they can look at my emails to - what they will see are endless emails for years to the board members with no response - They are welcome to them.

More on this Monday