Friday, October 25, 2013


DA SAENZ REQUESTS AG OPINION WHEREIN HE EXPRESSLY ARGUES JP'S SEEMINGLY HAVE JURISDICTION IN FAMILY LAW MATTERS

Sorola realizing he has nothing has now non-suited Erin Garcia's father and brother.  Any attorney with experience before Judge Tagle knows the sanctions would have been huge. So rather than face the piper they non-suited and in effect admitted they never had a case.

Now, I have had read to me DA Louis Saenz Request for an AG Opinion and in it he expressly states that the code seems to give JP's jurisdiction in family law matters.  Remember a rule of statutory construction is to not read a statute which makes it vague.  AG Abbott's office will follow the rules and find JP's have limited jurisdiction in family law matters.

The source has no access to scanning capabilities and I am late for an appointment so it may be latter tonight before I post the written request.

Also Judge Cascos has called a special meeting for Tuesday.  On legal issues it simply says in general to discuss.  I do not know if this is enough to authorize them to allow for an answer to be filed on Erin Garcia's behalf.  Because of the rules of ethics,something Sorola knows nothing about, Erin Garcia cannot discuss the lawsuit.  Her attorney at the county knows lawyers are not to use the press to try the case.  Sorola might want to consult the rules of ethics on this one.

With Zeke Silva no longer paying Montoya will he now attack DA Saenz for seeking the opinion?  Is DA Saenz's a lunatic for using my argument verbatim?  Let's see what Montoya says now. The opinion is not law, but it will carry a lot of weight with federal judge Tagle.  As a rule federal judges defer to the state on all questions of state law.  In fact the county can ask that AG Abbott's office files an amicus brief in support of his opinion - assuming he finds JP's have family law jurisdiction.

Conversely, if AG Abbott finds JP's do not have family law jurisdiction, it could carry weight with federal judge Tagle.  I am just being honest - it can go both ways.

In terms of the sanctions hearing I have confirmed Mary Esther Garcia has told several judges Louis Sorola will announce against Erin Garcia and will win.  Erin Garcia's attorneys would be remiss in their duties to not call as witnesses during the sanctions hearing Mary Esther Garcia, the judges she spoke with, and the great Juan Montoya himself.

This is going to get good.

1 comment:

BobbyWC said...

Doing from cell phone. NEWSFLASH da saenz drops grand jury investigation against erin garcia upon confiming couple in federal lawsuit lied about waiver fee and cost of wedding. documents show waiver fee waived and wedding only cost 150. Cascos gives spacex special meeting but denies erin garcia agenda item so she can defend herself. bv promises monday take down evidence on cascos. he has now proven he is as dirty as they come. his conspiracy against county employee.

Bobby wc