Tuesday, January 2, 2018


ELIAS' LAWSUIT AND HOW MONTOYA MISSED THE ELEPHANT IN THE ROOM IN HIS POSTING THIS MORNING

Montoyas' claim that court clerks just put in a billion dollars in damages when none are listed in the lawsuit is beyond stupid.  Actions for declaratory relief  never ask for damages, and none are requested in her lawsuit.  A billion dollar entry by the federal clerk is not a mistake, it was an intentional act to embarrass Elia Lopez, and she should call for an immediate investigation.  One caveat, the form which is filed with the lawsuit which could list requested damages is not on Pacer, so maybe it was there.  Same goes for her address and phone numbers.  They do not match her signature block.

BUT THE ELEPHANT IN THE ROOM

The use of Laura Betancourt's court phone number and you missed it Juanito, the court fax number also is an illegal use of county property and county employees for personal use.  If we had a DA willing to do his job he would bring criminal charges against Judge Elia Cornejo Lopez Abuse of Office.  Texas Penal Code 39.01 (2) "Misuse" means to deal with property contrary to: (A) an agreement under which the public servant holds the property; and Abuse of Official Capacity under Texas Penal Code 39.02ABUSE OF OFFICIAL CAPACITY. (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:

(1) violates a law relating to the public servant's office or employment; or (2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment.

Her clear intent was to use government property to benefit herself and her children in the private lawsuit. Her intent was to also use county employees to field phone calls for her in her private matters.

We know Saenz will not act, so it will be up to the bloggers to act.  I am also concerned if she used the computer based legal research system to prepare her lawsuit.  I will do  Judicial Rule 12 Open Records, and a Regular Open Records request for all searches going back to September 2017.

This is Saenz's job and we all know he will never do it.

A CAVEAT ON THIS ISSUE

I can view no document signed by Elia Cornejo Lopez wherein she listed any phone or fax number.  This is how she signed the lawsuit.

Respectfully Submitted,
ELIA C. LOPEZ
Attorney at Law
235 Sunset Drive
Brownsville, Texas 78520
/S/ Elia C. Lopez
ELIA C. LOPEZ
Federal I.D. No.: 14046
TBN: 04828800
E-mail: eclopezlaw@yahoo.com

Also of note, in a Dallas case the firm I work for had the lawyer dismissed as not being admitted, to federal court.  The lawyer brought his Federal ID Number and proof of admission and all was well.

I have decided to attend the hearing so I can check the clerk's actual records to see if the cover sheet included a request for damages, and what address and numbers Elia entered on the cover sheet.  If they do not match what was entered by the clerk, then Judge Hanen has an absolute duty to call for an investigation of the clerk who entered this information.  The BV will get to the truth.

THE MISTAKEN NUMBER AND FAX

Elia Cornejo Lopes has a lot of civil suits filed in our state courts going back to 1994.  The address was a copy and paste mistake, unless it was not, see above.  But if it was not a mistake it only goes to prove she has been using county property for personal use for a long time.  The online system does not list Elia Lopez's number or address, but her latest state lawsuit was filed in 2016.  It remains pending. This lawsuit needs to be checked to see if she is also using the state property for personal use.

BUT WITH ALL OF THIS, THIS LAWSUIT COULD PROVE EXPLOSIVE FOR A LOT OF PEOPLE

One example she claims is Desesperanza Zendejas in writing claimed BISD could not address her concern because it was strictly a TEA matter.  Elia claims to have a communication from the TEA stated Despesperanza's claim is false and it is in fact a local issue.  If this proves true it is some evidence BISD is playing games with Elia Lopez.  This could prove costly to BISD.

I love this lawsuit because it has the potential of blowing up on both sides, while exposing the underbelly of the corruption at BISD. 

TO THE BOARD MEMBERS

Vote now for a private attorney who will only report to the Board Members.  BISD counsel will lie to you if ordered.  Only an independent counsel reporting to the Board, will get to the truth. Counsel should also be ordered to meet one on one with Elia Lopez to try and get to the truth.  If Elia's claims show to be substantially true, then the Board must take action to dismiss all BISD employees involved in this mess.

2 comments:

GGL said...

How much time are county employees spending on this matter for her?

BobbyWC said...

I'm calling for the investigation. We know Saenz will not even consider it, and Ben Euresti as the local administrative judge will run cover for her. We have no law enforcement and a worthless commission on judicial conduct, so we are screwed.

Bobby WC