Friday, November 30, 2012














ANTONIO JUAREZ AND RICK ZAYAS  BATTLE IT OUT IN FEDERAL COURT

SECOND UPDATE:  Judge Hanen dismissed Juarez case with prejudice.  The court's docket entry makes no reference to compelling the 4 trustees to sign off on the settlement agreement. 

 
"Minute Entry for proceedings held before Judge Andrew S. Hanen. MOTION HEARING held on 11/30/2012. Appearances: Frank E Perez, Ben Richard Neece, Anthony B James, Jesse Robert Buttery,;(Court Reporter: B.Barnard)(09:17-09:30). All Defendants present. Parties addressed the Court as to 141 MOTION to Compel Execution and Specific Performance of the Mediated Settlement Agreement. Discussion held by Parties and Court. Court will enter an order dismissing the case with prejudice. Court adjourned., filed.(csustaeta, ) (Entered: 11/30/2012)"

Juarez appeared concerned the 4 trustees could now turn around and sue him - see bottom of ¶ 2 of his motion.

Until a written order is issued by the court this remains the only public information from the court as to what happened at the hearing.

UPDATE:  I first learned of this from a tweet Emma Trevino-Perez posted at the Herald - she noted there were  BISD officials in Hanen's courtroom.  I then checked Hanen's docket and saw the notice of hearing.

Here is the deal - Ben Neece, who never met an honest word in his life feeds this trash to Montoya.  After I posted I check to see if Montoya had posted anything yet today - most days it if after 10 a.m. once the library opens.  Montoya claims the 4 were summoned to the federal court house.  An outright lie - never happened - no summons exists.  But then when you have Ben Neece feeding you the story, why should the truth get in the way.

Juarez's attorneys filed a motion.  The court set it for hearing.  This is how the process works.  Unless subpoenas were served on the 4 trustees the only person who even has to show up in court is their attorney. 

ORIGINAL POST

Yes the case is not done.  It is like a battle between fools.  Juarez and his esteemed attorneys are arguing that the lawyer hired by ACE insurance has the right to bind Zayas, Cortez, Colunga and Aguilar to any terms of settlement demanded by Juarez.  The numb nuts representing Juarez for legal authority cited none - because none exists.

See Motion - also see here if link not working

www.docstoc.com/docs/137169945/Juarezmotion

Juarez's attorneys appear to be arguing that the now 4 former trustees are not complying with the mediated settlement agreement.  Mediated settlement agreements are enforceable through breach of contract lawsuits filed in the original court wherein it is alleged the mediated agreement was breached.

Padilla v. LaFrance, 907 S.W.2d 454, 461 (Tex. 1995)

A settlement agreement is a contract, which in turn would be governed by state law.  The Padilla Court outlined the proper procedure

"Similarly in Quintero v. Jim Walter Homes, Inc., 654 S.W.2d 442 (Tex.1983), we held that the trial court erred by rendering an agreed judgment of dismissal based on a release signed by plaintiff because plaintiff did not consent to the judgment at the time it was rendered. We noted, however, that "our reversal of the judgment of dismissal is without prejudice to the rights of the Jim Walter Homes in its attempt to plead and prove an enforceable settlement agreement under the release."

The law as to settlement is pretty basic.  No lawyer can settle a case without the consent of the client.  But the Texas Supreme Court being who they are amended the rule when dealing with insurance proceeds.  The client is not bound by any settlement entered into by the lawyer hired by the insurance company.  But, the insured proceeds at their own peril if they refuse to cooperate. 

Insurance companies settle cases every day against the wishes of the insured.  In the annals of law the agreement has never been found to be binding on the insured.  The insurance company can pay the claim, but the plaintiff cannot use the settlement as a weapon against the insured unless the insured signed off on the agreement.

It is my understanding that  Rick Zayas refused to sign the settlement agreement.  It is also my understanding ACE insurance refused the 4 trustees representation in their desire to seek a summary judgment.

This case is ripe for further litigation by both sides and ACE insurance.  The bad news for all concerned is, ACE as a policy never hires competent counsel, and both Zayas and Juarez are without access to competent counsel in Cameron county.

It is going to be like watching two eunuchs trying to prove who the bigger man is.

8 comments:

BobbyWC said...

The reason all of this is important is, BISD's children are out upwards of $20 million dollars because a bunch of thugs like Rick Zayas and Otis Powers on one side and Pat Lehmann and Enrique Escobedo on the other side have corrupted the process to their own benefit.

The people need to know exactly who these people are. I can assure you none of them will change their behavior - to a person they have no idea what they are doing is wrong.

It is what I have repeatedly called a consequence of the "closet syndrome" While it exists outside the gay community, the gay community s where I first saw it. People who are forced to hide themselves from family and friends some how snap and lose the ability to discern right from wrong.

Bobby WC

BobbyWC said...

I do not want to post another update so I will comment here - I have no idea what Hanen will do - he has been a judicial activist since day one in these cases - so his actions are anyone's guess. But I am sure of one thing - once the hearing is over, Ben Neece will call Montoya and Montoya will tell us his version of what happened - once a formal order is filed by the court I will post it to the BV and allow my readers to form their own opinion

Bobby WC

Anonymous said...

Bobby why do you not include Caty on this problem with BISD. Did she get to you also?????????????????

BobbyWC said...

Yes, Cata paid me one billion dollars - you got me

Bobby WC

Anonymous said...

Bobby, whatelse did Caty promise you??????????????????

BobbyWC said...

a billion dollars - Presas-Garcia is going down just like Rick and Otis, and Escobedo - she has no self control and will be the one to sink the entire ship

Hiring Oliveira with Oliveira already under investigation in the Limas matter only proves how stupid she is

The only benefit she gets is during the legislative session Rick Zayas cannot depose her - smart money would have had him depose her before January, but this is Rick so now he will have to wait until June or July

Bobby WC

Anonymous said...

You really think Rick did not know that?

BobbyWC said...

if he knew it, then you have to ask why did he pu off deposing her until June or July?

Thanks for the comment

Bobby WC