On January 11, 2016 a
Letter,Correspondence
was filed
involving a dispute between
Trevino, Alberto,
and
Gonzalez, Yliana,
for Other Injury or Damage
in the District Court of Cameron County.
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FILED
2016-DCL-00232
8/29/2017 12:03 PM
Eric Garza
Cameron County District Clerk
LAW OFFICES OF RUBEN R. PENA PC By Beatriz Losoya Deputy Clerk
19130964
125 OLD ALICE RD
BROWNSVILLE, TEXAS 78520
956-546-5775 (TELEPHONE)
956-546-5778 (FAX)
ruben@rubenpenalaw.com
August 29, 2017
Hon. Janet Leal
Judge, 103rd District Court
Cameron County Court House
974 E. Harrison St.
Brownsville, Texas 78520
Re: 2016-DCL-00232 Trevino v. Gonzalez
Dear Judge Leal:
In response to your invitation to provide you with legal authority on the issues that were
presented this morning on the Defendant’s Motion for Summary Judgment, I would like to point
out that neither the no evidence nor the traditional motion for summary judgment contained a
First Amendment issue. Mr. Zayas’ argument regarding the First Amendment is not properly
before the court. Secondly, the case which Mr. Zayas provided to the court deals with
defamation claim by a district judge. The distinction between a public figure and a private
figure for the purposes of the First Amendment analysis is critical. Mr. Trevino is and was a
private figure. However, the reason you should deny the motion for summary judgment is that
the First Amendment is not part of the motion.
I was surprised by Mr. Zayas’ argument which is not contained in either the no-evidence
or traditional motion for summary judgment and the deviation from the rules. The case which
Mr. Zayas handed the court, does not address the specific issues presently before the court. As a
result, I do not feel it necessary for me to respond with additional authority.
Sincerely,
/s/Ruben R. Pena
Ruben R. Pena
Cc: Hon. Rick Zayas via email lawfirm3100@yahoo.com
Document Filed Date
August 29, 2017
Case Filing Date
January 11, 2016
Category
Other Injury or Damage
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FILED 2016-DCL-00232 8/29/2017 12:03 PM Eric Garza Cameron County District Clerk LAW OFFICES OF RUBEN R. PENA PC By Beatriz Losoya Deputy Clerk 19130964 125 OLD ALICE RD BROWNSVILLE, TEXAS 78520 956-546-5775 (TELEPHONE) 956-546-5778 (FAX) ruben@rubenpenalaw.com August 29, 2017 Hon. Janet Leal Judge, 103rd District Court Cameron County Court House 974 E. Harrison St. Brownsville, Texas 78520 Re: 2016-DCL-00232 Trevino v. Gonzalez Dear Judge Leal: In response to your invitation to provide you with legal authority on the issues that were presented this morning on the Defendant’s Motion for Summary Judgment, I would like to point out that neither the no evidence nor the traditional motion for summary judgment contained a First Amendment issue. Mr. Zayas’ argument regarding the First Amendment is not properly before the court. Secondly, the case which Mr. Zayas provided to the court deals with defamation claim by a district judge. The distinction between a public figure and a private figure for the purposes of the First Amendment analysis is critical. Mr. Trevino is and was a private figure. However, the reason you should deny the motion for summary judgment is that the First Amendment is not part of the motion. I was surprised by Mr. Zayas’ argument which is not contained in either the no-evidence or traditional motion for summary judgment and the deviation from the rules. The case which Mr. Zayas handed the court, does not address the specific issues presently before the court. As a result, I do not feel it necessary for me to respond with additional authority. Sincerely, /s/Ruben R. Pena Ruben R. Pena Cc: Hon. Rick Zayas via email lawfirm3100@yahoo.com