Tuesday, June 27, 2017


To put this into perspective.  The case is on appeal.  The law requires the court to set the motion to dismiss within 60 days of filing same.  Now the law actually allows the court to make specific findings about its docket to allow for an extension of the 60 days.  But the court chose although warned twice through demands for a hearing to not set the matter for hearing, or to find its docket conditions required more than 60 days to set same for hearing.

The word must in the law leaves no discretion by the court.  Once the court lost authority to set the matter for hearing, it could not timely deny the motion as a matter of law since it could no longer set it for hearing.  The law says if the court fails to timely deny the motion the defendant can take an appeal.

The Texas Supreme Court has basically addressed this, but the court of appeals nonetheless requested a jurisdictional brief before they will proceed on the merits.  It is done.  If they find no jurisdiction then it will be appealed to the Texas Supreme Court which has repeatedly reversed the Fort Worth Court of Appeals in favor of the defendant.  In fact the legislature finding judicial activism reversed the Fort Worth Court of Appeals by what they found to be a needless clarification of the law so as to deny the Ftw Court of Appeal's opinion any value.

On the day my brief was due just before 5 his lawyers sent me a settlement document offering to drop the lawsuit if I agreed not to print truthful comments disparaging Mike.  They did not even include my offer to not sue Mike for his two defamation per se comments concerning me. I could have signed the agreement and then kept Mike bogged down in court trying to enforce it while proceeding against him on my claims.  But I do not take advantage of people's incompetence.

My brother is fully insured and I never asked Mike or suggested to Mike I needed money  for my brother who at the time was 78, for cancer treatment.  It never happened.  My brother has medicare and TRICARE the best insurance combo you can have in the US.  One big lie from Mike.  And my brother does not have cancer.

What Mike said on November 17, 2016 in an email to the typing monkey.

"Hernandez dmautoleasing.com
To Duardo Paz-Martinez Today at 10:43 AM
That is a complete falsehood. I spoke with him in the phone during the Port elections and all of a sudden he literally goes off crying about his dying veteran brother and how he could not afford his cancer treatments. After literally 10 minutes I simply asked him, “how much does he need to stay alive?” which I assumed was the reason for his conduct. Then he flips a switch the next day and posts that I was trying to pay him off to endorse a candidate, which never came out of my mouth. That’s when I texted him that I would not deal with him anymore and I haven’t. When he saw that I was talking to you, he then contacted (Jose Angel) Gutierrez in an attempt to get back in contact with me. That is not going to happen.
Thanks again.
The falsehood Mike references is my claim way back months earlier he offered me money to endorse his candidates for the port.  Why did he take so many months to deny it?
KEY - On November 17, 2016, Mike by his own words stated he told Jose Angel Gutierrez he would not have contact with me.  In fact I posted how he blocked my email which is why I went to Jose Angel.
In May 2017, under oath Mike Hernandez said the following:

In paragraph 8 he says, says he never received a communication from me in December 2016, prior to me posting the comments he finds offensive.  In paragraph 13 he says before posting the offending comments in December 2016, I made no attempt to contact him.

Here is the problem by his own admission on November 17, I tried to open the lines of communication and by Mike's own words he said that was not going to happen.  So if in November 2016, Mike is making clear he will not open the lines of communication even through third parties like Jose Angel Gutierrez, than how did I refuse to communicate with him in December?
He lied to the court under oath about what was happening.  It is clearly sanctionable.  It was clearly deceptive and misleading to the court.  Only the court can decide if it was perjury or felony perjury.  But it will be addressed.
I personally have no problems with Mike's attorneys.  As is all too often the case with attorneys the money is good so you just allow your client to hang themselves because you know they will never listen to your advice.
The soldiers in those coffins did not die defending Freedom of Speech so that a self serving spoiled millionaire can declare he can shut down truthful disparaging remarks about him by intimidating people with his money and frivolous lawsuits. Shame on you, you worthless immgrant Carlos Marin for supporting through your support of Mike Hernandez the shitting on the coffins of those who died keeping us free.  If there is a case for depotation Marin, it is you.  This country offered you opportunity and you shit on the coffins of those how gave you the freedom to seek that opportunity. 
I offered to walk away from suing him and Carlos Marin if we both simply agreed to nonsuit one another under no conditions.  Mike demanded I surrender my constitutionally guaranteed right to disparage him with truthful reports.  The men and women in those coffins did not die so Mike can shit on their sacrifice to this country.  McHale did not have the skill or resources to fight Mike, I do.
The second Carlos Marin has to hire an attorney to defend the defamation suit for which he is liable because Mike afforded him no protection as a primary in OP10.33, Carlos Marin will send Mike packing.
Let everyone know I tried to walk away and say truce.  Mike said sue Carlos Marin not his problem.  the same goes for the typing monkey.  Unfortunately for Mike he will never listen to his attorneys and he will continue to pursue malice through the posts of his paid mouth pieces.  So long as they are getting paid, they do not give a crap if Mike destroys himself.  Mike simply does not understand no one likes him, they only like his money.


Anonymous said...

Weren't you soliciting donations around this time for help in improving your brother's situation? Please note that this is not a comment on the adequacy of his insurance coverage.

BobbyWC said...

Absolutely not. And when I did it was for help in fighting for him in federal court. I immediately withdrew the request after several high profile people offered money

Anonymous said...

It just smelt because both things happened at around the same time. I think this really hurts your creditability. Blogs are not newspapers with overhead, when you ask for any kind of money you leave yourself open to Mike H's allegations or being seen as no better than Montoya. Just m2c.

BobbyWC said...

They were not at the same time and I immediately withdrew the request. Play all the games you want but facts do not go away just because they do not fit your lies. I turned down Mike's money and I turned down the offers of money to help with litigation costs in my brothers case. But kept up the lies

Anonymous said...

I'm not playing games, nor do I want to argue the point ad nauseam. Blogs cannot just accept (nor ask for) money from people. That was my point. In Brownsville, perception is reality. Bloggers more than anybody need to stay above reproach far more than others. Mike is creating the perception that you were in trouble and just came out to him with your problem. People like Mike interpret this as "Oh ok, you want something and I get something." Mike is in the business of buying people, he'd never admit it for obvious reasons. The price of the other bloggers has been well established, Jerry and Juan are money and beer, Jim is free food, DP/M is simply in it for the money. Don't let him hurt your credibility by painting you as just as for sale as the other bloggers.

BobbyWC said...

But you are ignoring the key facts. I immediately reported Mike's offer and that I rejected it. I also immediately months later the financial offer to help with my brother. Although I did ask for help but then rejected it. I get the money issue. Every politico in town knows I will not so much as allow to pay my part of the bill. You are right money destroys our credibility

BobbyWC said...

Also I do not think him is in for the food. He was a strong supporter of Roman Perez and could not so much as offer a donut. Also every citizen is invited to the packages. Some are free and some are as low as $5