Tuesday, October 22, 2013

 
SOROLA AMENDS LAWSUIT AGAINST GARCIA -
BUT IN WHAT LANGUAGE NO ONE KNOWS

Judge Tagle has been assigned the lawsuit.  Judge Tagle has zero tolerance for lawsuits against judges and knows the immunity rules well.  I hope she has a hearing on the dismissal motion.  It should be fun.

Click for Amended Lawsuit

I never read the initial lawsuit.  I just knew because of the immunity issue it was frivolous on its face.  So now I learn there is an amended lawsuit so I am reading the original and the amended side by side and come to learn - they are incoherent gibberish.

Anyone, someone tell me what ¶ 3 says in the new lawsuit.  Also, what you notice between the two is in the first Sorola failed to properly plead venue and jurisdiction.  It is like he has no idea he is in federal court.

On an educational note -  Properly filed federal lawsuits have a lot of very small numbered sections because the defense must admit or deny each allegation.  This is done so as to narrow down the issues for resolution by the court.

Read the lawsuit - paragraph after paragraph is incoherent.  Also, they claim their client can get in trouble for a quicky sham marriage but the way I read the lawsuit doesn't ¶ 4, albeit incoherent basically have the plaintiffs admitting they were rushing to get married for immigration purposes?

The big change is in ¶ 3 where Sorola initially failed to properly plead venue and jurisdiction. 

Click for original lawsuit

On a side note a Garcia hater is claiming I am running cover for her because I am suggesting all of the JP's pay back the money because it appears that no one including the district clerk can charge a fee for the 72 hour waiver.  I added a note on how this was handled in Dallas county - the money is just paid back for improper fees. 

But here is the deal - exactly how am I helping the JP's and in particular Erin Garcia if I am saying the money needs to be paid back?  This is completely lost on these haters.

BISD DIRTY POLITICS

I hate to add this, but lets deal in facts - several people at BISD have told me Carl Montoya wants to acknowledge Erin Garcia's great work in the area of truancy, but that dirty politics on the Board is keeping that from happening.  How sad.  Some Board Members are so obsessed with their hate that when someone does something good for the kids they cannot be acknowledged because the hate comes first.

8 comments:

Anonymous said...

Truancy is part of the job. Why is there a need for acknowledgment from the school district?

BobbyWC said...

Fair question - Actually I personally oppose all such awards and acknowledgments for the very reason you state - I have turned down several awards and acknowledgments over the years - I always said you do not reward people for doing their job - but my view is a minority view

What I am being told is her approach is very successful and helping the students

The idea of the acknowledgement is some are better than others at parts of their job.

BISD gives out these acknowledgments all of the time - so if they are doing it anyway why should a person not be acknowledged for their successes just because of who they are?

You either give to every one who stands out or to no one.

Bobby WC

BobbyWC said...

I can't find your email - I will look for your work email

Bobbywc58@yahoo.com

Anonymous said...

A cursory search reveals hundreds of cases where a judge can be sued and immunity revoked.

http://wiki.answers.com/Q/What_are_Grounds_to_sue_a_judge#slide24

You flatly state that no judge can be sued, wrong.

BobbyWC said...

First of all your link is all BS - any fool can post claims on the internet - it does not make it so.

But everything this person says I have already sad - you can get a judge's order voided for want of jurisdiction - I even posted cases wherein I went after judges and won on the void issue, but not damages

So you are full of shit

I never said judges cannot be sued period - if they run over you in their car - if they assault you - if they sign a contract and then breach it - the list goes on

The problem with the want of jurisdiction issue is it opens a lot of judges to lawsuits.

I have been before Tagle on the issue of a judge signing orders without jurisdiction and she dismissed the lawsuit on immunity - the courts see the trap for the judges and do not want to open that door so they dismiss the cases.

So unless Judge Tagle has changed her position on the issue the case is done.

I even sued a visiting judge once who was not even assigned as a visiting judge - he was a former judge who just assigned himself to a case - we sued and the federal court found that even though he was a former judge who assigned himself to the case without any legal authority he signed the orders as a judge and the mere voiding of his order was not enough for him to lose immunity for damages purposes.

Tagle will will never open this door

Bobby WC

Anonymous said...

Strike like a barracuda, think like a mullet.

Anonymous said...

Who are the haters, Minerva and Enrique? Most probably is Enrique, Ernie did expose he wasn't a doctor.

Anonymous said...

Ernie did not expose that Escobedo was not a doctor; his friend Catalina Presas-Garcia did that.