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Electronically Filed
5/13/2019 12:00 AM
Hidalgo County District Clerks
Reviewed By: Patricia Molina
CAUSE NO. C-3690-16-D
GISELA GARZA, INDIVIDUALLY IN THE DISTRICT COURT
AND ON BEHALF OF E. GASTELLO,
A MINOR
VS. 206™ JUDICIAL DISTRICT
LA JOYA INDEPENDENT SCHOOL
DISTRICT HIDALGO COUNTY, TEXAS
DEFENDANT’S OBJECTION TO ASSIGNED JUDGE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, LA JOYA INDEPENDENT SCHOOL DISTRICT, Defendant in the
above-entitled and numbered cause and files this objection to an assigned judge hearing the trial
of this case, and in support of same would show the Court as follows:
I. Background
1 Plaintiff, Gisela Garza, sued Defendant, La Joya Independent School District for damages
arising from an automobile accident that occurred on February 29, 2016. This case is set for trial
on May 13, 2019, with jury selection to take place on May 14, 2019.
2. On May 9, 2019, at the final pre-trial hearing for this case, Defendant was informed by
Judge Rose Guerra Reyna that a visiting judge, the honorable Rogelio Valdez, would be
presiding over the trial. Judge Rogelio Valdez is either a retired, former, or senior judge.
Il. Argument & Authority
3. Section 74.053(b) of the Texas Government Code (Objection to Judge Assigned to a Trial
Court) sets forth that when a party files a timely objection to an assigned judge "the judge shall
not hear the case." TEX. GOv'T CODE ANN. § 74.053(b). An objection is timely if it filed not later
than the seventh day the party receives actual notice of the assignment or before the date the first
Electronically Filed
5/13/2019 12:00 AM
Hidalgo County District Clerks
Reviewed By: Patricia Molina
hearing or trial, including pretrial hearings, commences, whichever date occurs earlier. TEX.
Gov'T CoDE ANN. § 74.053(c). The Texas Supreme Court has explained "[a]n objection to a
judge assigned under chapter 74 is timely if it is filed before the very first hearing or trial in the
case, including pretrial hearing, over which the assigned judge is to preside." In re Canales, 52
S.W.3d 698, 704 (Tex. 2001). Defendant makes this objection prior to the seventh day after
receiving notice of the visiting judge and prior to any hearing or the trial over which the visiting
judge is to preside. When an objection is made timely the assigned judge's disqualification is
automatic. In re Canales, 52 S.W.3d 698, 701 (Tex. 2001).
4. In the alternative, Defendant objects to the honorable Rogelio Valdez hearing the trial of
this case under Government Code Section 54A. A party must file an objection to an associate
judge presiding at a jury trial not later than the 10th day after the date the party receives notice
that the associate judge will hear the trial. TEx. Gov'T CoDE ANN. §54A.106(c). "If an objection
is filed, the referring court shall hear the trial on the merits or preside at a jury trial." Id.
5 In addition, Defendant also objects to the lack of an order of assignment of Judge Valdez
to preside over the trial in this case.
Electronically Filed
5/13/2019 12:00 AM
Hidalgo County District Clerks
Reviewed By: Patricia Molina
WHEREFORE, PREMISES CONSIDERED, Defendant asks the Court to grant its
objection to a visiting judge presiding over this trial, as well as such other and further relief to
which this Defendant may showitself justly entitled.
Respectfully submitted,
VIDAURRI, LYDE, RODRIGUEZ & HAYNES,
L.L.P.
202 N. 10" Avenue
Edinburg, Texas 78541
(956) 381-6602
(956) 381-0725 Fax
Email: gtijerina@virhlaw.com
With copy to: jpalomo@virhlaw.com
BY:__/s/ Nicholas O. Denzer /s/
GUILLERMO TIJERINA, JR.
State Bar No. 24056437
NICHOLAS O. DENZER
State Bar No. 24092339
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document was
sent to opposing counsel via the means indicated below on the 12" day of May, 2018, as follows:
Via E-Service
Keith W. Lapeze
Taylor Shipman
Lapeze & Johns, PLLC
601 Sawyer Street, Ste. 650
Houston, TX 77007
/s/ Nicholas O. Denzer /s/.
NICHOLAS O. DENZER
Preview
Electronically Filed 5/13/2019 12:00 AM Hidalgo County District Clerks Reviewed By: Patricia Molina CAUSE NO. C-3690-16-D GISELA GARZA, INDIVIDUALLY IN THE DISTRICT COURT AND ON BEHALF OF E. GASTELLO, A MINOR VS. 206™ JUDICIAL DISTRICT LA JOYA INDEPENDENT SCHOOL DISTRICT HIDALGO COUNTY, TEXAS DEFENDANT’S OBJECTION TO ASSIGNED JUDGE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, LA JOYA INDEPENDENT SCHOOL DISTRICT, Defendant in the above-entitled and numbered cause and files this objection to an assigned judge hearing the trial of this case, and in support of same would show the Court as follows: I. Background 1 Plaintiff, Gisela Garza, sued Defendant, La Joya Independent School District for damages arising from an automobile accident that occurred on February 29, 2016. This case is set for trial on May 13, 2019, with jury selection to take place on May 14, 2019. 2. On May 9, 2019, at the final pre-trial hearing for this case, Defendant was informed by Judge Rose Guerra Reyna that a visiting judge, the honorable Rogelio Valdez, would be presiding over the trial. Judge Rogelio Valdez is either a retired, former, or senior judge. Il. Argument & Authority 3. Section 74.053(b) of the Texas Government Code (Objection to Judge Assigned to a Trial Court) sets forth that when a party files a timely objection to an assigned judge "the judge shall not hear the case." TEX. GOv'T CODE ANN. § 74.053(b). An objection is timely if it filed not later than the seventh day the party receives actual notice of the assignment or before the date the first Electronically Filed 5/13/2019 12:00 AM Hidalgo County District Clerks Reviewed By: Patricia Molina hearing or trial, including pretrial hearings, commences, whichever date occurs earlier. TEX. Gov'T CoDE ANN. § 74.053(c). The Texas Supreme Court has explained "[a]n objection to a judge assigned under chapter 74 is timely if it is filed before the very first hearing or trial in the case, including pretrial hearing, over which the assigned judge is to preside." In re Canales, 52 S.W.3d 698, 704 (Tex. 2001). Defendant makes this objection prior to the seventh day after receiving notice of the visiting judge and prior to any hearing or the trial over which the visiting judge is to preside. When an objection is made timely the assigned judge's disqualification is automatic. In re Canales, 52 S.W.3d 698, 701 (Tex. 2001). 4. In the alternative, Defendant objects to the honorable Rogelio Valdez hearing the trial of this case under Government Code Section 54A. A party must file an objection to an associate judge presiding at a jury trial not later than the 10th day after the date the party receives notice that the associate judge will hear the trial. TEx. Gov'T CoDE ANN. §54A.106(c). "If an objection is filed, the referring court shall hear the trial on the merits or preside at a jury trial." Id. 5 In addition, Defendant also objects to the lack of an order of assignment of Judge Valdez to preside over the trial in this case. Electronically Filed 5/13/2019 12:00 AM Hidalgo County District Clerks Reviewed By: Patricia Molina WHEREFORE, PREMISES CONSIDERED, Defendant asks the Court to grant its objection to a visiting judge presiding over this trial, as well as such other and further relief to which this Defendant may showitself justly entitled. Respectfully submitted, VIDAURRI, LYDE, RODRIGUEZ & HAYNES, L.L.P. 202 N. 10" Avenue Edinburg, Texas 78541 (956) 381-6602 (956) 381-0725 Fax Email: gtijerina@virhlaw.com With copy to: jpalomo@virhlaw.com BY:__/s/ Nicholas O. Denzer /s/ GUILLERMO TIJERINA, JR. State Bar No. 24056437 NICHOLAS O. DENZER State Bar No. 24092339 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document was sent to opposing counsel via the means indicated below on the 12" day of May, 2018, as follows: Via E-Service Keith W. Lapeze Taylor Shipman Lapeze & Johns, PLLC 601 Sawyer Street, Ste. 650 Houston, TX 77007 /s/ Nicholas O. Denzer /s/. NICHOLAS O. DENZER