Preview
Electronically Filed
10/12/2021 12:05 PM
Hidalgo County District Clerks
Reviewed By: Jose Hernandez
CAUSE NO. C-3694-21-C
OSCAR GONZALEZ § IN THE DISTRICT COURT
Plaintiffs, §
§
VS. § 139th JUDICIAL DISTRICT
§
§
NORMA YANEZ IN HER OFFICIAL § HIDALGO COUNTY, TEXAS
CAPACITY AS CITY SECRETARY §
OF THE CITY OD DONNA, TEXAS, §
THE CITY OF DONNA, TEXAS AND §
ELOY AVILA, JR., §
Defendant §
ELOY AVILA’S ORIGINAL ANSWER, REQUEST FOR DISCLOSURE, AND MOTION
FOR SANCTIONS
____________________________________________________________________________
MAY IT PLEASE THE COURT:
COMES NOW Eloy Avila, one of the Defendants, (hereafter “Avila”) and files this
Original Answer, Request for Disclosure, and Counter Petition.
GENERAL DENIAL
Avila hereby generally denies all material allegations contained in Plaintiff’s Petition and
calls upon Plaintiff to prove its allegations by a preponderance of the evidence as required by the
laws of the State of Texas and the Rules of this Court.
REQUESTS FOR DISCLOSURE
Pursuant to Rule 194, you are requested the information or material described in Rule 194.2
of the Texas Rules of Civil Procedure.
MOTION FOR SANCTIONS
This motion is brought forth pursuant to § 9.001. of the Civil Practice & Remedies
Code. Avila alleges as follows:
Electronically Filed
10/12/2021 12:05 PM
Hidalgo County District Clerks
Reviewed By: Jose Hernandez
Avila is a sitting Commissioner of the City of Donna who is seeking re-election. Avila
has served as Commissioner of Donna from the years 2000-2009 and again from 2019 to date.
Avila also served as a school board member for the Donna Independent School District for one
term.
At all times during his public service, Avila’s residence has been the same. Now,
Plaintiff, who also served with Avila as a Commissioner, in order to take advantage and smear
Avila in an attempt to unseat him, alleges that Avila is not a resident. For the past 20 years,
Avila has had no issue with his residency and has not changed his residency.
To prove Avila’s point that Plaintiff’s pleadings are frivolous, Avila points to the
following adults who claim residency at Plaintiff’s home:
10111720 Jessica Lynn Gonzales 1904 Ridley Ave., Donna, Texas 78537
485337 Maria D. Gonzales 1904 Ridley Ave., Donna, Texas 78537
429410 Jose Gonzales 1904 Ridley Ave., Donna, Texas 78537
10061028 Linda Lee Gonzales 1904 Ridley Ave., Donna, Texas 78537
10181043 Jennifer Gonzales 1904 Ridley Ave., Donna, Texas 78537
10190611 Antonio Rafael Fonseca 1904 Ridley Ave., Donna, Texas 78537
202283 Pedro Gonzales 1904 Ridley Ave., Donna, Texas 78537
202235 Javier Gonzalez 1904 Ridley Ave., Donna, Texas 78537
28094 Arturo Gonzalez 1904 Ridley Ave., Donna, Texas 78537
456727 Ismael Martinez 1904 Ridley Ave., Donna, Texas 78537
234848 Oscar Gonzales 1904 Ridley Ave., Donna, Texas 78537
265701 Paula Gonzalez 1904 Ridley Ave., Donna, Texas 78537
Avila alleges that Plaintiff’s pleadings are groundless as there is no basis in fact;
and/or such pleadings are not warranted by existing law or a good faith argument for the
extension, modification, or reversal of existing law. If Plaintiff’s pleadings are warranted, then
all the above listed have committed election fraud.
Avila pray that this motion be set for hearing, and that upon hearing, the Court find that
Plaintiff pleadings have been signed in violation of any one of the standards prescribed by
Section 9.011and that an appropriate sanction be rendered including:
(1) the striking of a pleading or the offending
portion thereof;
Electronically Filed
10/12/2021 12:05 PM
Hidalgo County District Clerks
Reviewed By: Jose Hernandez
(2) the dismissal of a party; or
(3) an order to pay to a party who stands in opposition to the offending pleading the
amount of the reasonable expenses incurred because of the filing of the pleading, including costs,
reasonable attorney's fees, witness fees, fees of experts, and deposition expenses.
CONCLUSION & PRAYER
THEREFORE, based on any one or more of the foregoing reasons, Avila hereby requests
and prays that at the appropriate juncture in this litigation, the Court deny any and all relief
requested by Plaintiff in its Original Petition, or any future live pleading filed in this cause.
Defendant also requests and prays for any further and additional relief to which it may be
entitled, at law or in equity.
Respectfully submitted,
Dallas Gutierrez Law Firm, PLLC
8701 N. 23rd Street
MCALLEN, TX 78504
Tel. (956)267-5955
Fax. (956) 682-3369
Email: dallas@thegutierrezlawfirm.com
By: /s/ Dallas Gutierrez
DALLAS GUITIERREZ
Texas Bar No. 24115434
Attorney for Respondent
CERTIFICATE OF SERVICE
I certify that on October 12, 2021 a true and correct copy of the foregoing was delivered
on opposing counsel through the electronic filing manager.
/s/ Dallas Gutierrez
Dallas Gutierrez
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Dallas Gutierrez on behalf of Dallas Gutierrez
Bar No. 24115434
dallas@thegutierrezlawfirm.com
Envelope ID: 58097469
Status as of 10/12/2021 4:57 PM CST
Associated Case Party: Norma Yanez
Name BarNumber Email TimestampSubmitted Status
Norma Yanez citysecretary@cityofdonna.org 10/12/2021 12:05:16 PM SENT
Associated Case Party: Eloy Avila
Name BarNumber Email TimestampSubmitted Status
Eloy Avila rockin4572@gmail.com 10/12/2021 12:05:16 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Robert Salinas rjslawoffice@hotmail.com 10/12/2021 12:05:16 PM SENT
Javier Villalobos jv@jvlawoffice.com 10/12/2021 12:05:16 PM SENT
Associated Case Party: City of Donna
Name BarNumber Email TimestampSubmitted Status
Rick Morales mayor@cityofdonna.org 10/12/2021 12:05:16 PM ERROR
Preview
Electronically Filed 10/12/2021 12:05 PM Hidalgo County District Clerks Reviewed By: Jose Hernandez CAUSE NO. C-3694-21-C OSCAR GONZALEZ § IN THE DISTRICT COURT Plaintiffs, § § VS. § 139th JUDICIAL DISTRICT § § NORMA YANEZ IN HER OFFICIAL § HIDALGO COUNTY, TEXAS CAPACITY AS CITY SECRETARY § OF THE CITY OD DONNA, TEXAS, § THE CITY OF DONNA, TEXAS AND § ELOY AVILA, JR., § Defendant § ELOY AVILA’S ORIGINAL ANSWER, REQUEST FOR DISCLOSURE, AND MOTION FOR SANCTIONS ____________________________________________________________________________ MAY IT PLEASE THE COURT: COMES NOW Eloy Avila, one of the Defendants, (hereafter “Avila”) and files this Original Answer, Request for Disclosure, and Counter Petition. GENERAL DENIAL Avila hereby generally denies all material allegations contained in Plaintiff’s Petition and calls upon Plaintiff to prove its allegations by a preponderance of the evidence as required by the laws of the State of Texas and the Rules of this Court. REQUESTS FOR DISCLOSURE Pursuant to Rule 194, you are requested the information or material described in Rule 194.2 of the Texas Rules of Civil Procedure. MOTION FOR SANCTIONS This motion is brought forth pursuant to § 9.001. of the Civil Practice & Remedies Code. Avila alleges as follows: Electronically Filed 10/12/2021 12:05 PM Hidalgo County District Clerks Reviewed By: Jose Hernandez Avila is a sitting Commissioner of the City of Donna who is seeking re-election. Avila has served as Commissioner of Donna from the years 2000-2009 and again from 2019 to date. Avila also served as a school board member for the Donna Independent School District for one term. At all times during his public service, Avila’s residence has been the same. Now, Plaintiff, who also served with Avila as a Commissioner, in order to take advantage and smear Avila in an attempt to unseat him, alleges that Avila is not a resident. For the past 20 years, Avila has had no issue with his residency and has not changed his residency. To prove Avila’s point that Plaintiff’s pleadings are frivolous, Avila points to the following adults who claim residency at Plaintiff’s home: 10111720 Jessica Lynn Gonzales 1904 Ridley Ave., Donna, Texas 78537 485337 Maria D. Gonzales 1904 Ridley Ave., Donna, Texas 78537 429410 Jose Gonzales 1904 Ridley Ave., Donna, Texas 78537 10061028 Linda Lee Gonzales 1904 Ridley Ave., Donna, Texas 78537 10181043 Jennifer Gonzales 1904 Ridley Ave., Donna, Texas 78537 10190611 Antonio Rafael Fonseca 1904 Ridley Ave., Donna, Texas 78537 202283 Pedro Gonzales 1904 Ridley Ave., Donna, Texas 78537 202235 Javier Gonzalez 1904 Ridley Ave., Donna, Texas 78537 28094 Arturo Gonzalez 1904 Ridley Ave., Donna, Texas 78537 456727 Ismael Martinez 1904 Ridley Ave., Donna, Texas 78537 234848 Oscar Gonzales 1904 Ridley Ave., Donna, Texas 78537 265701 Paula Gonzalez 1904 Ridley Ave., Donna, Texas 78537 Avila alleges that Plaintiff’s pleadings are groundless as there is no basis in fact; and/or such pleadings are not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law. If Plaintiff’s pleadings are warranted, then all the above listed have committed election fraud. Avila pray that this motion be set for hearing, and that upon hearing, the Court find that Plaintiff pleadings have been signed in violation of any one of the standards prescribed by Section 9.011and that an appropriate sanction be rendered including: (1) the striking of a pleading or the offending portion thereof; Electronically Filed 10/12/2021 12:05 PM Hidalgo County District Clerks Reviewed By: Jose Hernandez (2) the dismissal of a party; or (3) an order to pay to a party who stands in opposition to the offending pleading the amount of the reasonable expenses incurred because of the filing of the pleading, including costs, reasonable attorney's fees, witness fees, fees of experts, and deposition expenses. CONCLUSION & PRAYER THEREFORE, based on any one or more of the foregoing reasons, Avila hereby requests and prays that at the appropriate juncture in this litigation, the Court deny any and all relief requested by Plaintiff in its Original Petition, or any future live pleading filed in this cause. Defendant also requests and prays for any further and additional relief to which it may be entitled, at law or in equity. Respectfully submitted, Dallas Gutierrez Law Firm, PLLC 8701 N. 23rd Street MCALLEN, TX 78504 Tel. (956)267-5955 Fax. (956) 682-3369 Email: dallas@thegutierrezlawfirm.com By: /s/ Dallas Gutierrez DALLAS GUITIERREZ Texas Bar No. 24115434 Attorney for Respondent CERTIFICATE OF SERVICE I certify that on October 12, 2021 a true and correct copy of the foregoing was delivered on opposing counsel through the electronic filing manager. /s/ Dallas Gutierrez Dallas Gutierrez Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Dallas Gutierrez on behalf of Dallas Gutierrez Bar No. 24115434 dallas@thegutierrezlawfirm.com Envelope ID: 58097469 Status as of 10/12/2021 4:57 PM CST Associated Case Party: Norma Yanez Name BarNumber Email TimestampSubmitted Status Norma Yanez citysecretary@cityofdonna.org 10/12/2021 12:05:16 PM SENT Associated Case Party: Eloy Avila Name BarNumber Email TimestampSubmitted Status Eloy Avila rockin4572@gmail.com 10/12/2021 12:05:16 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Robert Salinas rjslawoffice@hotmail.com 10/12/2021 12:05:16 PM SENT Javier Villalobos jv@jvlawoffice.com 10/12/2021 12:05:16 PM SENT Associated Case Party: City of Donna Name BarNumber Email TimestampSubmitted Status Rick Morales mayor@cityofdonna.org 10/12/2021 12:05:16 PM ERROR