Sunday, October 13, 2013



 JOSEFINA FISHER [CANALES - AUTEN - BEGUM] VS ALEX BEGUM, JUAN MONTOYA AND JIM BARTON

At this time Alex Begum and numerous John and Jane Does are the only named defendants. The lawsuit was filed in Houston several months ago.  Juan Montoya and Jim Barton while not defendants, form the heart of the lawsuit by and through posts to their blogs.

What will happen in short order is google will respond to subpoenas as to the ID of several anonymous posts which constitute defamation per se unless the poster can show the statements are true. 

It is google's policy that if Josefina wins it will shut down both Montoya's and Barton's blogs if the jury finds the statements concerning Josefina's alleged attempts to extort money from the Begums is false.

Also in the lawsuit are endless accusations which if false constitution defamation per se.  These are the John and Jane Doe claims.  The posters once google releases the information will in all likelihood be added to the lawsuit.

If it is found that either Barton or Montoya were being paid any money by the Begums they can be added as coconspirators in a joint enterprise.  Of course adding either of them would serve no purpose in terms of getting money from them, but it will increase the damages Josefina can and will recover from Begum.

The heart of the dispute between these parties is ongoing probate matters.  How they play out is anyone's guess.

Houston is not Cameron county.  The judge in this case will look at the vulgarities against Josefina approved by Barton and Montoya and be sickened.  A written order by the judge expressing such disgust could result in google taking action sooner than later.

On or about August 4th, Alex Begum seems to have appeared in court to have his special exceptions heard and the court took no action.  There are no notes in the court's docket entry to say why no action was taken.  I am looking into it.  It could be the court took it under advisement and a ruling will issue at a later date.

I will post any filing in this lawsuit which Alex Begum wants posted to the BV.  Either side can send me whatever they want and it will be posted so long as it is already filed with the court.

I am not vested in this enough to be willing to pay for all of the documents.  Some counties allow you to download the documents for free - not Harris county.

Click for Docket Sheet

You will note that on May 24, 2013, Alex Begum filed his answer to the lawsuit, and then on May 31, 2013, DA Saenz issued the Criminal Information against Josefina Fisher (aka Canales, Begum, Auten]

Click for Criminal Information

UNRELATED STORY

I am still waiting on some documents which I have been told will be released.  If I get them today, and it is not too late, I will post them. 

I added a function wherein you can ask for an email every time the BV posts a new story.  See link on left.


4 comments:

Anonymous said...

Bobby, if this is true you just scared off any person who would like to make a comment on your blog as well as any other. Isn't the blogosphere somewhere in free speech o phere? I didn't practice law but just saying that this IMO will dissuade comments that in some cases are necessity for whistle blowers and the like.

BobbyWC said...

You comment as to whistleblowers is wrong - no judge will issue a subpoena to learn the name of a whistleblower - the judge will only allow for the subpoena on google if the comment is defamatory.

Google answers most subpoenas - but they must be related to defamatory comments. Although this is getting more complex

This is happening all over the US.

Further, there is no reason for a whistle blower to post as an anony- I print a lot from insiders and cover it as a story - there is no IP to be traced to my source and anyone who knows me knows I will die in prison before I give up a source

Bobby WC

Anonymous said...

I can't find the link with an email update of your new stories. Can you re-post it?

BobbyWC said...

It's right under Escobedo's picture

Bobby WC