Monday, April 30, 2018


MIKE HERNANDEZ BACKED BY AN ATTORNEY WHO WOULD SUE GOD FOR HIM FOR MAKING HIM STUPID IF MIKE WOULD PAY, TAKES THE BAIT AND SINKS HIMSELF DEEPER INTO THE FEDERAL LAWSUIT - MORE DECEPTION FILED WITH THE TEXAS SUPREME COURT

I have been pretty clear, I have no chance of winning this in state court.  It may be as early as this Friday morning's orders that my Petition for Review is denied.  The fact there are conflicting appellate court opinions on the legal issue will not matter to the Texas Supreme Court.

People have paid investigators to learn who I work for.  Most of my work is very confidential.  It has been years in the making, but the federal lawsuit will ask the federal judge to assign a master to oversee the Office of Court Administration.  Mike Hernandez and his con artist lying ways is just one of many con artists named in the lawsuit.  This is a lawsuit which shows case after case wherein no matter the issue and no matter how solid the case law is, the Texas Supreme Court has ordered I be denied redress.

It is truly an extraordinary allegation.  But in this case the law was and remains black and white.  While the case is on appeal the trial court must stand down.  The judge refused and the Texas Supreme Court was asked to stop her.  They refused. I have maybe 5 or 6 mandamuses on this issue.  They just ignored it.  I knew they would thereby giving me the evidence I need for futility.  

They just issued an injunction against Judge BaƱales based on the case law I created concerning a recusal against a judge.  As to the State Bar we faced the same issue.  I cited the same case law which won me the issue in Flores v. Banner - mandamus denied.  These are two separate examples.

There are at least 20.  

So my goal with Mike has been to further create a record for the big federal lawsuit, which I am now being told because it involves perjury by a federal judge I have jurisdiction in Washington DC.  Mike will never find a lawyer to represent him before a federal judge in Washington DC.  If he does he will spend at least  $250, 000 or more.  

OKAY THE LATEST CON BY MIKE HERNANDEZ BEFORE THE TEXAS SUPREME COURT

The following is from Mike's Response to my Motion for Sanctions, concerning his relationship with Juan Montoya" - click to enlarge:


In addition to the Response conflicting with Hernandez's own emails, it is defective.  My evidence is verified and sworn to.  What you see is a summary by Mike's lawyer with no sworn statement from Mike denying anything.  Given the fact he has already once been caught misleading the court with a sworn to statement, there was no way his lawyers were going to allow him to sign anything.

Below I give you the previous sworn to misleading statement.

Oh in one of the more bizarre claims by Mike's lawyers they blame me for damaging his reputation by posting Montoya's not mine, claim Mike is trying to buy the Port election.



The following is from emails sent by Mike Hernandez to Duardo Paz Martinez:

"I HAVE DEFINITELY SUPPORTED HIS [Montoya] SITE BUT NOT REALLY IN A VERY LARGE WAY.

"From Mike Hernandez – To Duardo Paz-Martinez Today at 2:27 PM
My cousin gives him $400 per month to cover some of his overhead and I think it started a month or two ago. I have no direct involvement with Juan."
WHY MIKE DID NOT VERIFY THESE CLAIMS AND WHY AS A MATTER AS LAW MINE ARE TAKEN AS TRUE
The Rules of Appellate Procedure require the person who signs the pleading verify they have read the factual allegations and that based on their investigation they are true and correct.  This mandatory certificate is not included in Mike's Response.
Second the law is black and white, because my claims are verified under oath they are taken as undisputed fact, unless countered by a sworn to denial by Mike Hernandez.  No such denial  exists.  Under the law I win, but the Texas Supreme Court will ignore the law because no matter the facts or law, they have decided because of my quite work against the corruption in the legal field in Texas I must be silenced and denied redress.  They know I am paid to do what I do.  My benefactor is not going away.  These cases of judicial corruption are piling up, and Mike is going to be complaining to his attorney how is he part of a federal lawsuit involving people he has never heard of?  Answer, he took advantage of the corruption for his own benefit to silence speech and corrupt the judicial process.
MIKE'S PREVIOUS MISLEADING SWORN TO STATEMENTS:
So on November 17, 2017, Hernandez in an email admits through Jose Angel Gutierrez I was trying to communicate with him, and he would have nothing to do with it.  This is from Mike's email. 


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.
Later in an affidavit Mike Hernandez said that before the alleged December 2, 2016, defamatory act, I never tried to contact him.  On November 17, 2016, he admitted I tried to contact him through Jose Angel Gutierrez.  This was my only option because my emails to him came back as blocked.

Mikes sworn statement.


After the above his lawyers certainly could not chance a second misleading sworn to statement, so Mike signed nothing denying my claims.
MIKES PRIMA FACIE FRIVOLOUS LAWSUIT
If I were to file such a frivolous lawsuit on its face against Montoya and Hernandez, Montoya would stroke out during his post while having a meltdown with his anger.  But Mike pays him $400 a month to run cover for him, and Montoya claims my non-existent suit is frivolous.
Here are the factual claims against me by Mike Hernandez.  His lawyer was given months to fix the problem and did nothing until after the appeal was perfected, which by that time was too late.
To put this into context we must consider what you must allege in a lawsuit to state a claim for defamation.  As you can see Mike Hernandez through his lawyers never alleged any published statement by me as written or spoken.
A claim for defamation under Texas law has three elements: The defendant (1) published a statement; (2) that was defamatory concerning the defendant; (3) while acting with actual malice (if the plaintiff was a public official or figure) or with negligence (if the plaintiff was a private individual) regarding the truth of the statement. WFAA–TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998)
Based on the below factual allegations made by Mike Hernandez will someone tell me the "published statement."

THE BOTTOM LINE WHEN IT COMES TO MIKE HERNANDEZ


Again, as soon as Friday the Texas Supreme Court could deny my Petition for Review.  I knew this the day Mike sued me.  Under Rucker Feldman the federal courts can intervene because the underlying case remains pending.  My challenge was to create the evidence of futility to add to the other lawsuits.  Mike handed me all the evidence of futility I needed.  He was so easily played because I know his self destructive ego.
I would love to be a fly on the wall when Carlos Marin's lawyer tells him it will cost him $250,000 because of his association with Mike Hernandez.  That relationship will explode as Ambiotec and Carlos Marin are permanently injured.


'







No comments: