Benitez Places CVNA Under Tires of Bus

I hear that Mark Benitez of Cielo Vista Neighborhood Association (CVNA) fame has answered the lawsuit brought by David Cooper - blocked bar owner - and it isa doozie for the CVNA.

From what I can understand here Benitez invokes Texas' new "slap law" and then goes on to say something to the effect of "the devil made me do it."  And the "devil" is the CVNA.  It appears that he's going to claim he was acting on the CVNA's behalf so any legal action should be taken against them, not him. 

I told you the CVNA was ripe for a lawsuit and now the president of the group is not only asking that they be sued, but admitting they probably did something worth being sued over!  Of course, I may be reading the whole thing wrong, but it seems quite clear to me.

I was surprised that all four of the CVNA members who got sued didn't go in together to defend themselves.  You have to wonder if there is some internal friction developing over at the CVNA. 

This Benitez guys sounds like he's perfect for the role of a politician!  He's going to stomp Emma Acosta into the ground. 

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On another note... I see somebody spent all last night capturing my previous posts on a range of subjects - 500 seperate pages worth.  Gearing up for a lawsuit? 

Here we go again.  Only this time I have the ACLU dialed up and ready to go. 

Also, suing in Texas and losing is an expensive proposition these days.  Make sure you have an incredibly good case. 

Comments

[Carl Starr]

Its fairly common for scared laypersons or even atty's to look to other defendants etc to fade any heat, even on a pure techo ground re natural persons, corporations, associations and capacity, its mostly purely a protect assets move not a acquiescence of common cause, beliefs and defenses.

As to what I 'think' the proposed Neigborhood Assoc ordinance is saying and what David 'thinks' it says....that's just my point its vague/overbroad and that's all it takes.

Its true besides the new anti-slapp law there is also a new tx law re loser pays...of course defining a loss seems kinda subjective but one good thing is the loser only pays re private parties, if you lose suing the government you may not have to pay.

[Maybe]

Maybe the UT friends are coming after you.

[dot]

Since they were filed on individually, I presume that they are relying on their homeowner's insurance to defend them, therefore, each insurance company represents it's own interests/exposure.

[capitalist]

A homeowner's policy doesn't cover defamation, slander and/or tortious interference. In my experience most insurance policies don't cover anything out of the ordinary and this event would be "out of the ordinary". Just think if you could sue your neighbor everytime he said something you didn't like - wouldn't that be a nightmare for insurance companies.

[David K]

capitalist,

actually - some homeowner's policies do cover you being sued for libel and slander. It's rare, but the first thing lawyers told me to do when I was sued was to call my insurance company to see if they covered it. The lawyers told me that you'd be surprised sometimes what they cover. Mine didn't, but the person from USAA did say they had heard of such a thing before.

you never know.