Saturday, November 30, 2013


I get a call about some bizarre post by Montoya. I said no way - Sorola cannot be that stupid.  But then I checked the county records on line and yep, it's true.

I was informed about the barratry issue last week.  Montoya's story is so full of holes it is amazing it did not sink before publishing.  No sources within the police department spoke with him.  Mary Esther Garcia knows the couple.  They are friends.  The couple must have told Mary Esther Garcia about the police showing up at their door.  It is my understanding the Police Chief wants this to be a joint investigation with INS.

Once the couple told Mary Esther Garcia about the police she I am certain told Louis and the story then went to Montoya. I wonder why he left out of the story Mary Esther Garcia is long term friends with the woman?  Hum?

I am not disclosing what the couple told the police about Mary Esther Garcia because it comes to me third hand.  It is total bullshit when Montoya claims a friend of the couple spoke with him.  How did they know to talk to him?  The police are talking to no one.  Until I see the police report I will not play the game of a source told me the couple told the police.  The best evidence is what Detective Ibarra puts in the report as to the couple's statement.

Montoya would have you believe all on their own this couple contacted a lawyer outside the county to file a federal lawsuit for them and that its 100% coincidental that Tinning then brings in Sorola as cocounsel for the couple.  It is also 100% coincidental that the couple has been friends with Sorola's wife to be Mary Esther Garcia for some time.  We all know why he left that part out.

I love how Montoya throws into his piece that he cannot get ahold of Sorola because according to Sorola's office he is  out of town.  The idea is to lie and distance Sorola as the source.  We all imagined how Sorola and Mary Esther Garcia talked every day to Montoya during the Raul Salazar case.  Like he does not have their cell phone number.

For me the more interesting thing is, when Detective Ibarra revisits the couple will they indicate Mary Esther Garcia or anyone else tried to get them to change their story? 

But here is the best part and why Louis Sorola is a complete idiot. 

Click to Enlarge Docket Sheet

This just blows my mind.

"A case or controversy, also referred to as a Justiciable controversy, must consist of an actual dispute between parties over their legal rights that remain in conflict at the time the case is presented and must be a proper matter for judicial determination. A dispute between parties that is moot is not a case or controversy because it no longer involves an actual conflict."

Source:   Yes, the above is the federal summary, but every lawyer knows it applies equally to all 50 States.

But to please the people who will demand proof it applies equally to Texas.

"A declaratory judgment is appropriate only where there is a justiciable controversy about the rights and status of the parties and the declaration will resolve the controversy. Bonham State Bank, 907 S.W.2d at 467.

To constitute a justiciable controversy, there must exist a real and substantial controversy involving genuine conflict of tangible interests and not merely a theoretical dispute. Id. The Act does not empower courts to issue advisory opinions. Brooks v. Northglen Association, 141 S.W.3d 158, 164 (Tex. 2004)."


You will note Sorola first simply filed for the 72 hour waiver.  Okay how stupid is that? -  a judge cannot retroactively give someone a 72 hour waiver to get married.  It is so stupid it becomes a key piece of evidence for the barratry investigation.  Yes, Louis, the PBD can bypass Luis Saenz and ask that the State Bar conduct both the disciplinary and criminal investigation.  The AG can then bring the charges by forcing Luis Saenz's hand on the matter.

If this were not dumb enough Sorola then amends the petition to be a declaratory lawsuit.  The docket sheet fails to show what if anything Cornejo Lopez signed.  I will check on this Monday.  

A judge cannot sign an order declaring some one's rights unless there is a named defendant - hence a justiciable controversy.  Beyond that the sections under which he sued are self executing.  This is like first day of law school stuff.  If she signed anything the county can and should take her on Mandamus for want of jurisdiction.  And why is Rosie Sheldon-Sotelo still charging a fee now that it has been established the District Clerk cannot charge for a 72 hour waiver?  Why is Sorola not suing Rose Sheldon-Sotelo for charging an illegal fee?

This totally without merit filing adds proof to the claim Sorola has recruited this couple to file lawsuits for political purposes.  The State Bar will see through this.  If the BPD had any doubt based on what the couple allegedly told Detective Ibarra, this bogus beyond stupid lawsuit will seal the deal of sufficient evidence of probable cause barratry was committed.  Remember probable cause does not mean a crime happened.  It just means enough eividence to take it to court.  A court or the State Bar can still find no barratry occurred.

No comments: