Wednesday, October 23, 2013


SUMMING UP THE SOROLA NONSENSE AND HIGH CONTROVERSY OVER BIKE LANES

Every lawyer, judge or elected official I have interviewed off the record on the Sorola nonsense agrees, his conduct is 100% political and it will cost him. The case has been assigned to Judge Hilda Tagle. She knows the immunity rules well and her opinion in the dismissal order will take no prisoners when it comes to Sorola.. 

Sorola's appears clueless he is in federal court.  This is why his original suit did not have venue and jurisdiction properly plead.  In state court it would be no big issue, but in federal court a judge can sua sponte dismiss a lawsuit for such a mistake.  The suit is incoherent and fails to identify actual damages. 

It is virtually impossible to get damages for intentional emotional distress.  You have to plead and prove that the reason for the person's conduct was to inflict emotional distress.  Judge Tagle will have a good time on that one.   She will be direct in her language calling the entire allegation 100% frivolous and without even the semblance of merit, assuming she even gets there.  She may just stop at the dismissal based on immunity.

The most striking thing about the lawsuit is, Sorola seems to think he is pleading the case to Abel Limas wherein the rules concerning how to plead a lawsuit do not matter and actually stating a cause of action does not matter so long as money changes hands.

WHAT IS NEXT

Commissioners court must authorize the answer to be filed by Erin Garcia and Ernie Hernandez.  This is about 2 weeks away.  They will ask for an expedited hearing claiming the entire lawsuit is frivolous on its face and designed to impact the election.  If Judge Tagle grants the motion for an expedited hearing we could have a dismissal order before Christmas.

Ernie II, the son's attorneys can file a Motion to Dismiss today also asking for an emergency hearing with the same allegation that the lawsuit is designed to impact the election and is totally without merit.  Based on his motion Judge Tagle could actually issue an immediate scheduling order which puts Sorola on notice he will only have a week to respond to the Motion to Dismiss.  In fact the Motion could put Judge Tagle in a position of just outright dismissing the entire lawsuit sua sponte or issuing an a show cause order as to why it should not be immediately dismissed with sanctions. 

There are any number of scenarios.

I can also say reporters called based on my posts.  To a reporter they agreed the entire matter is a stunt.  But they need to hear from Erin Garcia and she cannot speak both as a judge and as a defendant. She must defer to her attorneys. 

Even the Herald which hates the Hernandez family refused to expand the story beyond the allegations in the lawsuit.  I've only met this reporter once in the federal courthouse and he was pretty particular in asking the lawyers how things work.  He seems to want to understand the process.  I will bet the farm he spoke with some lawyers about the lawsuit and decided to limit the story to the allegations. 

The Herald's story is in fact so limited it basically says "nothing to see here folks."  The Herald met its requirement to report the story, but refused to allow Sorola to use the Herald as a platform to push his stunt.  When you cannot get the Herald to do a trash piece on the Hernandez family it means even the Herald sees the story as trash and without merit.   I can find no lawyer who sees this as anything but a desperate stunt by Louis Sorola

THE BIKE LANE CONTROVERSY

On Cowen Terrace they started to put in bike lanes.  I like them.  If for no other reason they well help with parking along Cowen Terrace which is quite frequently a problem.  But someone without a life called the city and complained that the bike lanes were causing her problems.  How?  I have no idea.  So the city based on one complaint stopped the process.   

It is my understanding Commissioner Jessica Tetreau is as confused about the stoppage as I am and many of my neighbors.  I am being told she was unaware of the bike lanes going in or the stoppage.  People get a life - they are only bike lanes which makes life safer for everyone.  I am hopeful our city commissioner will get the city to continue with the process. 

8 comments:

Anonymous said...

Word around the courthouse is that Erin is telling people to keep an eye on your blog because you are about to break a major story on this sorola clown. My interest is piqued, can you give us a sneak preview?

BobbyWC said...

I think you are full of shit because I have made no such claim to anyone and know of no such story

Nice try - though

Bobby WC

Anonymous said...

Why put in a bike lane on a 1/2 mile long dead end street with limited traffic and few bikers? And since when is parking a problem on Cowan Terrace? Unless Cowen (with an "e" is a different street then Cowan with an "a".) Wouldn't a bike lane bar people from parking on the street in front of their homes? I'm thinking there are many streets that need bike lanes before you start in on residential areas, particularly those with no through traffic.

BobbyWC said...

Spelling aside the issue is not whether we need it - it was started - the white lines are already in place - they were putting down the yellow lines when it was stopped.

And yes parking is a major problem - off of Cowan are many cul-de-sacs - when people have parties the guests park on Cowan - during Halloween night it will be solid cars parked on both sides - people come from all over Brownsville for our neighborhood trick or treats

Bobby WC

Anonymous said...

Don't you go putting a bike lane up on my favorite street! Where will I park when I visit the three families I know there? Hmmmmm.

BobbyWC said...

I cannot imagine the city banning parking on a residential street - that would be just plain stupid.

Bbby WC

Anonymous said...

A bike lane has no place on a residential cul-de-sac. The road is wider then normal and the striped lanes give the impression that it is illegal for residents or visitors to park in front of their own homes. Besides that, striping is expensive. It has to be re-striped each year. if the City goes around striping every cul-de-sac, then the traffic department will go broke. Striped bike lanes are more appropriate on through collectors that provide connectivity to other neighborhoods. Roads like McAllen and Honeydale are appropriate. Cowen Terrace West is not appropriate. If the City had a traffic Engineer, he/she would tell you so. But that will likely not happen and we will stripe streets without regard to safety, traffic counts or traffic warrants. We will continue to waste money responding to one complaining citizen or commissioner.

BobbyWC said...

I do not disagree with anything you are saying - and thanks for the comment - it is the type comment which extends the discussion

But one correction - there are no lanes in the cuk-de-sac - just cowan terrerance - for me it was just odd that they started it without consulting with anyone and then because of one complaint they stopped it.

Come Halloween night when the street is packed I think the lanes will help with the parking

I agree people may be confused about if they can park in front of their house, but they never got to the point of putting in the bike symbols - and knowing some of my neighbors - they will not care - they will park

The entire thing is odd that a dead end street would have bike lanes , but why start it just to end it?

Bobby WC