Wednesday, August 7, 2013



'SAY WHAT?  WAS MY RESPONSE
ONCE I READ HER LAWSUIT

When I read about Elia Cornejo-Lopez's lawsuit in the Herald I found it to be so bizarre I simply did not believe the article. But now that I have read the lawsuit I must say, the Herald did not go far enough to explain how ill conceived this lawsuit really is.

Here is my take plain and simple - Elia Cornejo Lopez heard Judge Hanen was going to order restitution for those injured by the various conspiracies so she filed a bogus lawsuit in hopes without ever having to prove anything Judge Hanen will throw her some money. 

First of all limitations for defamation is 1 year.  Limitations has long passed.  She seems to have invoked what is known as the  discovery rule - but it does not fly.  The  discovery rule means, limitations runs from the day you discovered the cause of action if you can show it was concealed.

But then she seems to complain that starting years ago she suffered from the defamation.  This means she did not just discover it during the Villalobos trial.

She fails to reference one date or one specific act of defamation. 

The judge appointed to hear the case will grant what is known as special exceptions.  This is an order wherein she will be required to state each defamatory statement and the date when it happened.  If she fails to comply with the order the court will then dismiss the lawsuit on summary judgment.  Even she complies with the order, the court may still grant summary judgment on limitations - meaning the allegations are more than one year old.

She may be able to argue the continuing tort doctrine which basically avoids the limitations defense, but the last  comment must be within the year before the lawsuit was filed.

Left out of the lawsuit is Jerry McHale and Peter Zavaletta - they still may be added.  During the Limas/Cornejo campaign McHale trashed Cornejo-Lopez with every misogynistic  commit he could muster.  It is well known Peter Zavaletta was feeding McHale information.

If you doubt this, Zavaletta was clearly on tape during the Villalobos trial protecting Limas and going after Cornejo-Lopez. 

The reality is, Cornejo-Lopez does not have the skills or knowledge to pursue this lawsuit.  It will be dismissed, unless she can find one defamation per se comment made within one year before the filing of the lawsuit. 

In the end I believe she only filed the lawsuit in hopes Judge Hanen will order her paid restitution as a victim.  Judge Hanen was  dead wrong when he ordered Solis to pay restitution to Yolanda de Leon, Peter Zavaletta, and the Hearld.  We can only hope he does not continue this misguided path when he sentences Limas and Villalobos.  Any form of restitution to Cornejo-Lopez would make an even bigger mockery of our legal system.

HERE IS AN OLD EXCERPT FROM THE BV CONCERNING CORNEJO-LOPEZ

IS CORNEJO-LOPEZ DUMBER THAN SHIT, OR DID SHE CONSPIRE WITH VILLALOBOS TO DENY ERNESTO IVAN MARTINEZ A FAIR TRIAL?

Ernesto Martinez confessed to the murder of Brownsville Museum of Fine Arts Executive Director Barry Horn. His defense was rage caused by allegedly having been raped by Horn.

Elia Cornejo-Lopez in one of the most unethical acts I have ever seen from a judge allowed for the same attorney who was defending Villalobos to also defend Ernest Ivan Martinez. When the habeas process reaches the federal court system, and it will, this case will come back based on judicial and attorney misconduct. The potential cost to the taxpayers is in the millions.

You want to know the truth about the relationship between Padilla and Villalobos.

http://www.brownsvilleherald.com/news/villalobos-109947-district-armando.html

Regardless of what you think of the facts of the case - how would you feel to learn Padilla who is appointed to represent your son fails to put on a complete defense in a case brought by Armando Villalobos while Padilla is also representing Villalobos? Does anyone believe this young man received a competent defense? No.


IF CORNEJO-LOPEZ DID NOT ACTIVELY CONSPIRE WITH ARMANDO VILLALOBOS TO DENY MARTINEZ A FAIR TRIAL, THEN IT IS FAIR TO SAY SHE IS DUMBER THAN SHIT.

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