Tuesday, October 17, 2017



A MAN WHO BELIEVES HIS MILLIONS PUTS HIM ABOVE THE LAW

Mike and his lawyers are looking at sanctions at several levels to include suborning perjury, and delaying the appellate process with out right lies.


HEY MIKE ON REMAND I WILL GET THE SETTLEMENT DOCUMENTS YOU SIGNED WITH JOSE ANGEL GUTIERREZ AND JERRY MCHALE, THEY BOTH GO TO THE AMOUNT OF THE SANCTION, AND YOUR ABUSE OF THE COURTS TO SILENCE YOUR DETRACTORS

In this type defamation suit a court must set for hearing to dismiss within 60 days, or issue an order by the judge explaining why her docket does not allow for same and then set it no later than 90 days.  Mike Hernandez's attorneys are on record opposing my order and proposed order that the judge set the matter  for review.  The law says if the judge does not deny the Motion to Dismiss within the allotted time table, then it is denied as a matter of law and the Defendant can take an appeal.

The basis for the Motion to Dismiss is nowhere in the lawsuit does Mike's attorney alleged any words spoken or written by me.  As a matter of law the lawsuit against me fails.  They were given 60 days notice to fix the lawsuit and chose not to, and instead submitted a sworn false statement by Mike to save the lawsuit.  Only problem, the appeal had already been perfected so nothing further could be filed with the trial court. More on that below.

THE APPELLATE COURT WILL REMAND THE CASE FOR SANCTIONS AFTER DISMISSING IT

Texas Civil Practises and Remedies Code 27.009 (2) sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions described in this chapter."

The case law is pretty clear on this type sanction. One, because on remand attorneys fees are guaranteed I have several high profile law firms to step in to handle the sanctions. They know they will get paid. But this is the best part, I am entitled through discovery all information needed by the court to determine your net wealth so a sanction can be formulated to insure you never bring such a frivolous action again. I figure your lawyers will bill you at least $25,000, if not more to fight this issue in trial court and mandamus to the court of appeals and Texas Supreme Court.

You should have taken my settlement offer of mutual releases.


I ALSO GET THE MCHALE AND GUTIERREZ SETTLEMENT DOCUMENTS

These are important because it goes to the extent of your abuse of the legal system.  A sanction of less than $250,000 will not deter you.  And even then I do not believe you will stop.

THE COURT OF APPEALS IS ALSO BEING ASKED TO SANCTION YOU AND YOUR LAWYERS

The brilliant Mr. Hill in response to my Motion to Strike your May 10, 2017, response to my Motion to Dismiss was as follows "However, Cervantes' argument and requested relief are incorrect and improper because his appeal was not perfected." TRAP 28.2 (b) Perfection of Accelerated Appeal. Unless otherwise provided by statute, an accelerated appeal is perfected by filing a notice of appeal in compliance with Rule 25.1 within the time allowed by Rule 26.1(b) or as extended by Rule 26.3."

The trial record and court of appeal record shows the notice of appeal was filed on May 4, 2017.  So it was perfected on May 4, 2017.

But since Mike's lawyers insist on having this improper document before the court [btw it does not matter because they never amended the lawsuit to include statements attributed towards me), I am moving for sanctions for suborning perjury.

As noted yesterday, Mike had the typing monkey post an email from him dated November 17, 2016, stating he would not communicate with me.  I tried to communicate with him through Jose Angel Gutierrez after Mike blocked my email.

But in a sworn statement to the court Mike said in December 2016, I failed to communicate with him.  How, he already had my email blocked and posted a public statement in November he would not speak with me.




Sworn lies are sanctionable.  Guys I have no delusions where Mike and I will be in 10 years on this mess.  He will still be paying Mike Hill, because Hernandez cannot accept failure.

A SIDE NOTE

Mike Hernandez had Montoya threaten litigation by Mike if any one challenged the authenticity of the signatures in his racist petition.  And Mike I know someone using your IP address spent over 20 hours yesterday on my page.  Did you download the entire blog?.  The District Clerk in Fort Worth verified for me that Mike did in fact sue Jose Angel Gutierrez in Fort Worth.

Now remember it was the BV based on claims by Jose Angel that published the story someone associated with Carlos Marin stole his voter registration list created by V3.  This was a final blow for Jose Angel.  Is this why Montoya raised the issue as a basis to threaten litigation by claiming the names did not come from the alleged stolen list?  How would Montoya know where the names came from?  I forget Mike's regular paycheck to Montoya.

WHAT'S NEXT

I just have to do something on my brother's case and then I will be in state district court in Austin asking that the court declare the Venue Statute for Defamation unconstitutional because it denies defendants a fair trial.  It is a mandatory venue rule so the judge cannot rule the forum is inconvenient because all of the players reside in Cameron County.

The US Supreme Court has ruled repeatedly you have a right to a fair trial in  the proper forum.  This is not possible in Texas.  This mandatory venue statute allow millionaires to chose a forum 9 hours away from where the event happened and all the witnesses are located which in effect make defense of the lawsuit impossible for some people.

The Travis County District Court will order the confidential settlement documents with McHale and Gutierrez released for review by the court.  They will see the abuse of the Tarrant County District Court judge in refusing to set my motion to dismiss for hearing.  They will see Mike's lawyers lies to the court of appeals and the suborning of Mike's perjury in misleading the court.

I personally believe the state will not fight this and will speak to Mike's abuse of the law for intimidation purposes.  This will only increase the sanctions.  But I tell you Mike can be sanctioned a billion dollars and still will not stop.  He refuses defeat and believes his millions put him above the  law.

THIS IS NOT ABOUT MONEY

I know settlement is not an option.  Mike will only agree to settlement if I agree to never write about him again - never going to happen - ever.  Thais is about a court order showing Mike can be defeated so the people in Cameron County will no longer fear being sued for speaking the truth about Mike Hernandez.

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