The Editor: The Editor presents the LULAC response to Plaintiffs' response in the Arizona case, now entitle

by the Editor as Soto, et al v. LULAC, et al. The LULAC defense is basically a defense that "the King can do no wrong." This is a defense normally reserved for governments. Private organizations, for profit or not for profit and individuals do not have that type of defense. Look at the three basic defense arguments that LULAC provides, you failed to carry the burden, you lack standing and there is no legal basis for the claim you are making. The pdf document of this response by LULAC is posted adjacent to this post. This post has taken the pdf content of the response and converted it to Word so that the Editor can lay out the argument line by line or by grouping line that are adjacent to one another. There is still a rebuttal by Soto, et al to this response and a rebuttal by LULAC, et al to that rebuttal. The deposition that was introduced at trial and will be examined later by the Editor in the Voice is over 580 pages long. The text of LULAC's response is in red. The Editor's remarks are in blue.

The Plaintiff s case should be dismissed and/or Plaintiff s claims should be denied because; 1. Plaintiff has failed to carry its burden of proof; 2. Plaintiff s alleged class representatives lack the necessary and mandatory showing of "standing" to represent the class members; and, 3. There is no legal basis upon which relief can be granted. PLAINTIFF HAS FAILED TO CARRY ITS BURDEN OF PROOF (PREPONDERANCE OF RELEVANT ADMISSIBLE EVIDENCE The Plaintiff s witnesses testified based upon rumor and imuendo and/or misrepresentation of the facts. Typical LULAC initial response. You don't know want you are talking about. Not only is the Soto arguments gibberish, they are based in fraud, the legal conclusion of a charge of misrepresentation. Not that LULAC has a story to tell, but to start our response, i.e., the LULAC response, Soto's arguments are trash and based in fraud.

Cora Esquivel, Sandra De Soto; and Joseph Cordero for example are not proper members of the class because they were able to participate as delegates and to vote at both state and national conventions. Not only are these persons not proper members of the class as LULAC says, nobody is a member of a class. Keep reading and you will see what the Editor means. Remember, "the King can do no wrong." Instead, these witnesses complained about their own individual claim for damages (not class member damages) based upon raw allegations (without any proof) that Defendants were legally obligated to pay for hotel room and rental car expenses. The Oscar Moran, the kgb operative of the Moran clan, was making deals, made commitments and refused to live up to the commitments that he made. Oscar Moran is being sued in another court in another state for doing a similar hand shake deal on another matter regarding the Las Vegas convention. Oscar Moran is the money man in LULAC, way before the administration of Margaret Moran. The secret LULAC accounts of 1986-7 caused his falling out as a National LLAC leader who served 3 years as National President before he was caught with is greedy hands in the cookie jar. He is a central character in the selling of the LULAC Manor Apartment project and the LULAC Hacienda Senior Apartment project to Walter Martinez. Martinez and Oscar are buddies in money deals. LULAC just happened to be another opportunity for the low life cheat. Plaintiffs were unsuccessful in proving any causal nexus to LULAC Defendants, and instead relied upon alleged individual oral statements or individual actions by Oscar Moran and/or Luis Vera (who are not parties). Correct. Oscar Moran and Luis Vera made deals and did not live up to them. The Editor does not know of any contracts in writing that relates to the financing of LULAC councils. Perhaps LULAC should make such a contract available as a template and refer to it as the "Paper Councils Contract." Cora Esquivel, Sandra De Soto, and Joseph Cordero are not parties in this case either. Nobody is a party in this case. What else can be said here, LLAC says you lack standing and you do not have a legal basis. A third grader would say that if you make a deal you have a responsibility to live up to the deal. Kids learn about deal making from the day they start to crawl. Crawl to here and you get your apple juice "tete." Parents produce the bottle when the kid gets there.

Cora Esquivel testifies based upon rumor or innuendo that a Reception for LULAC members the night before the State Convention was a conspiracy to deny Domingo Garcia supporters the right to participate at the State Convention. Call it what you want. A meeting took place. It took place on June 7, 2013 at the Desert Diamond Hotel in Tucson the night before the Arizona LULAC Convention. State LULAC Director John Mireles invited Socorro Esquivel to a gathering, a meeting, a reception, an, according to Esquivel, where strategy to bar the LULAC councils that were organized by Miguel Zazueta. At the reception were John Mireles, Margaret Moran, Oscar Moran and Ana Valenzuela. The claim made by Esquivel is that in the gathering the ploy to disqualify the 38 councils that Miguel Zazueta was worked out, was hatched, was plotted, was plotted. We go to restaurants to eat. Some of the most interesting plots have been worked out while we are at the restaurant eating. Raise your hand if you believe that Margaret Moran, Oscar Moran and Ana Valenzuela were at the reception to shake hands or were they there to hatch out a political strategy for the next days convention. Zazueta was going to walk in with 144 delegates, enough delegates to carry the day for his agenda. The plot as described by Esquivel was to deny certification of Zazuetas councils. Expecting a Zazueta resistence on the floor of the convention, the plot included a plan to employ armed guards to control Zazueta and his delegates. This is the same thing that happened in San Antonio. White pansones private chotas grabbed Woody Wilson, the attorney for the Texas LULAC opposition, by the arms, pulled them behind his back, and led him out of the convention floor, a second white private chota, a pansona female at that, followed with a taser at the back of Wilson. At the entrance to the convention floor in San Antonio, the chotas, wrestled the Zapatista LULACer Henry Rodriguez to the floor and handcuffed him while the chota held his face and head down with his jackboot. The crooks of Margaret Moran, Oscar Moran and Ana Valenzuela did not go to Arizona to shake hands and earn good will, they went there to see how they could mess over LULACers in Arizona whom they did not like. The response that the gathering was not a meeting to plot, but a reception is puro boloney. It does not take much more than that to understand why these crooks went to Arizona. Ms. Esquivel testimony was not corroborated and was based upon speculation without more. The events of the next day bear out the non-corroborated story. The 38 councils were invalidated. The non-corroborated story was replayed in Las Vegas at the national convention.

The evidence showed that Domingo Garcia supporters arrived late for registration at the State Convention and/or did not provide a requisite Delegate Letter. Thus, no wrong doing by Defendants was proven. Most LULACers do not carry a delegate letter. The forms are available at registration. Now if the plot is to invalidate the 144 delegates then do not provide the delegate letter at the registration desk. This problem is curable at the registration desk or at registration. Similarly, there was not any supporting corroborating evidence that there was a separate expedited Registration line for Margaret Moran supporters. In fact, the testimony of Ms. Munoz on February 12, 2014, to the contrary was not controverted. Raise your hand if believe that LULAC does not operate two lines for registration, one for Moran supporters and one for the opposition. It happened at the Vegas convention. The opposition delegates were forced to stand in line for hours on end. Ribbons ran out, the registrants were tired, the registration was closed and the delegates were told to return early on Saturday morning to pick up their ribbons. 400 people were in the opposition line the next morning. They were to be fed breakfast something and they ran out of tacos and coffee after serving out 40 tacos. Hold my place in line while I get some coffee and something to snack on was the common word while waiting in line. Im a diabetic, I have to have something to eat was another reframe. Nor was there any evidence presented or admitted to show that in fact any alternates were transferred to another Council at the National Convention. Rather, the evidence clearly showed that no alternates were in fact so transferred. Alternates were not transferred. LULAC takes ribbons that are prepared for delegates and gives them out to people who will vote for Moran, in the case of National. The makeup delegates are people who are not regular delegates to the convention. They are spouses of delegates, children of delegates, parientes y compadres of delegates. That is the tactic that was used in Vegas. That is the tactic that was used in Tucson. If you cannot beat them with paid delegates, create delegates on the spot. That event will be repeated in Texas, Arizona and National at this years conventions. If you are running for LULAC office and do not prepare for these makeup delegates, you should not be running for LULAC office. To counter this tactic, you need to have spies in the operation and you do need great numbers, numbers that are so great that this type of cheating can not prevail.

PLAINTIFF'S ALLEGED CLASS MEMBERS LACK THE NECESSARY AND MANDATORY SHOWING OF,"STANDING" TO REPRESENT THE CLASS MEMBERS Roberto Soto, Cora Esquivel, Sandra De Soto, and Joseph Cordero are not proper class Representatives because they are not members of the class as defined and certified by the Court. As stated before, nobody is a proper class in any opposition to LULAC. Continue reading. They were not individually harmed (and did not prove any individual harm) that would prove harm to the alleged class members. According to LULAC, there has to be personal hurt to be a member of a class. Its the same argument used by corporate America when they fight class action lawsuits. The smoker did not die. The car driver was involved in a crash that destroyed his car, but the driver and his family did not die. Is it not true that every LULACers is hurt when LULAC messes with its member LULACers. The icon Albert Pena from San Antonio had a very famous story line that he would tell to Hispanics when he was addressing them on matters of civil rights , when a child goes hungry at night, we all hurt, when a person is abused by the police, we all hurt, when a person fails to find employment because of the color of his skin, we all hurt. The argument is twisted thinking by a very twisted mind. When Angel Luevanos and Argentina Luevano were removed from their duly elected positions as director of California LULAC and as VP of the Far West, LULAC was hurt. When the Editor was expelled from LULAC, LULAC was hurt. When Joey Cardenas was removed from his duly elected position of State Director of Texas LULAC, LULAC was hurt. When Linda Chavez, Bea Martinez, Lourdes Galvan, and Pete Anzaldua were removed from their duly elected positions in Texas LULAC, LULAC was hurt. When Linda Chavez, Bea Martine and Joey Cardenas were expelled from LULAC, LULAC was hurt. When Mary Ramos, the Texas State LULAC Treasurer was removed from her duly elected position and was sanctioned by LULAC, LULAC was hurt. When Rick Dovalina was brought before the National LULAC Inquisition Board to be expelled by the Board and instead was saved from expulsion, but given a severe sanction, LULAC was hurt. Therefore, they lack "standing" as a matter of law to represent the class members because they are not "similarly situated." All of LULAC was a litigant in Arizona. All of LULAC are members of the class.

None of the actual 144 class members testified before the court, and therefore there was no proper requisite evidence to show harm to the actual class members. All the 144 class members were royally screwed by John Mireles, Margaret Moran, Oscar Moran and Ana Valenzuela. The plot to screw them was hatched out over the course of time prior to the Arizona LULAC convention , was finalized the night before at the Desert Diamond Hotel the night before the convention and the plan was put in motion the next day, the day of the convention. As stated above Roberto Soto, Cora Esquivel, Sandra De Soto, and Joseph Cordero's testimony cannot serve as evidence pertaining to the 144 class members. If there are 144 dead bodies on the ground, how do you deny the evidence? The 144 class members from Arizona were disqualified as delegates at the convention and again in Vegas at the national convention. THERE IS NO LEGAL BASIS UPON WHICH RELIEF CAN BE GRANTED Miguel Zazueta did not testify. But Guadalupe Morales and Manuel Escobar's testimony clearly established that Miguel Zazueta did not pay his 2013 dues and that therefore Miguel Zazueta was not "a member in good standing." Guadalupe Morales works in El Pasos LULAC office that processes membership dues. She disqualifies councils that pay by not acting on them when she is directed by the Moran gang to slow up the chartering process for councils that they view will not be part of their supporters. Manuel Escobar is the dirt bag that the nonattorneys in the Moran clan use to put a legal ribbon on all the theft that goes on in LULAC. Does it matter if Miguel Zazueta testified. John Mireles, Margaret Moran, Oscar Moran and Ana Valenzuela had plotted to disqualify the 144 delegates on the argument that Zazueta was not a paid delegate. They could have told Zazueta to pay his membership and then to file the 38 councils. Is LULAC not about growing the base. Does it not pride itself that LULAC is the largest organization of Latinos in the united States. 38 councils with 380 members would only grow the base, as would the 44 councils that they belong to, as would the 144 delegates that they generate to a LULAC convention. The plot was to cut Zazueta at the knees and then to invalidate the councils he registered. LULAC does not care about numbers unless it is their numbers. Even as of the date of trial Zazueta had still not paid his 2013 dues.

Would you spend 20 dollars to join an organization where John Mireles, Margaret Moran, Oscar Moran and Ana Valenzuela, three National Officers of LULAC plot ways in how to mess with you and the work that you produce? Extension of payment date to pay dues to April 2013 does not change the fact that Zazueta did not pay his 2013 dues at any relevant time. John Mireles, Margaret Moran, Oscar Moran and Ana Valenzuela do not like Miguel Zazueta. They traveled thousands of miles to screw him. Would it make any difference? The Plaintiffs did not call Zazueta to testify because his testimony would have actually hurt their theory of the case. Zazueta is the case. LULAC could have cut off the head of Zazueta and placed it on the door to their LULAC office in Washington, D.C. and Zazueta would still be the case. Think of the movie Braveheart. William Wallace was eventually caught and brought before the Kings Court and sentenced to be drawn and quartered, his body quartered and scattered to the ends of the English crown and his head was spiked on London Bridge. Today Scotland is a part of the parliament of Great Britain and will vote some on being an independent state, with its own parliament. Zazueta is the case. This case has produced over several thousand pages of court documents. The documents tell the LULAC story. It is a story of an organization that is corrupt, that sells the labor of its members to the highest bidder, as in the shadow campaign led by Vera and Rosales and the Alameel campaign led by Vera today. The National Assembly denied the request by Domingo Garcia supporters to be seated as delegates at the National Convention. The Vegas National convention was rigged from the get go. Most LULACers know this to be a fact. Margaret Moran, Oscar Moran, Rosa Rosales, Luis Vera and Manuel Escobar plotted ever move that they would make to beat Domingo Garcia, the same way they plotted to beat Zazueta and his delegates in Arizona. LULAC beat Garcia by invalidating councils they did not like, councils who were not going to support their candidate, including the 144 delegates from Arizona and the 135 delegates from Utah; by creating 243 makeup delegates on the day of the Vegas convention; by not permitting a counting of delegate votes which is a core right in Roberts Rules of Order, the book of rules the LULAC specifies forms the basis for rules that are to be used to run a convention. A call for a division of the house needs no second and when objected to may be upheld by 1/5 of the delegates

on the convention floor. The only division permitted by the presiding chair was a stand up with the presiding officer judging the voting outcome. No court of the vote was permitted in Vegas. The Plaintiffs contend the vote by the National Assembly was too close to assess by "stand up & show your hand" method. The best indicator of that is the fact that Domingo Garcia withdrew his candidacy because "it was apparent" that he did not have the necessary votes. A division of the house as permitted under Roberts Rules of Order would have put to rest what today is conjecture. The Moran gang did not want a full count of the delegates and how they were voting, because they were afraid that the true outcome would have exposed their cheating in front of the delegates on the floor. If the margin was within the range of 200-500 delegates, the delegates for Domingo Garcia would be able to count the invalidated delegates in Arizona and Utah and the 243 makeup delegates and seen the fraud on its face. The art of cheating in LULAC is to hide as much as you can, to leave as little evidence as you can so that speculation becomes the rule of the day in any challenge, as in this Arizona case. More importantly nobody properly challenged any of the votes pursuant to the Rules of the Convention. (Rule 12 of the Rules). Roger Rocha (Election Judge) testified on that issue very eloquently. Roger Rocha does not respect a delegates calling for a division of the house. He is a part of the band of LULAC thieves running the organization With regards to the contention that because Yolanda Escobar and Manuel Escobar are married (without any evidence to prove Plaintiff s claims), that somehow the fact of being married proves wrong doing is without merit. The same contention with regards to Oscar Moran being married to Margaret Moran is likewise without merit. They are all part of the band of thieves running LULAC today. The Plaintiffs contend that Defendants are guilty of wrong doing because of an alleged desire to maintain "power" is not supported by any credible evidence. There are over 1,000 pages of credible evidence that support the claim that LULAC is run by a power machine whose sole objective each election year is to stay in power, by hook or crook.

In fact, the preponderance of the evidence showed and proved that it is Domingo Garcia (the millionaire lawyer from Dallas, Texas) who wants to have "power" in LULAC. Mr. Garcia apparently gave Randy Parraz and "Citizens For Better Arizona" (CAB) money for his cause in return to organize some approximately 50 "paper councils" in order to strengthen Garcia's attempt to become President of LULAC and control that volunteer organization. Domingo Garcia invented paper councils in LULAC. Domingo Garcia was a candidate for office in LULAC. Daniel Alameel is a millionaire from Ft. Worth who financed over 50 councils for the 2013 LULAC campaign for Margaret Moran and is in the game with financing 100 councils for Roger Rochas campaign for NYC. CAB (through Mr. Parraz and Roberto Soto) promised CAB members an"all expenses paid vacation trip to Las Vegas if they agreed to be put on the roster of these "paper councils." The scheme fell apart because Miguel Zazueta failed to pay 2013 dues to LULAC. The scheme fell apart because Margaret Moran, Oscar Moran, Rosa Rosales, Luis Vera and Manuel Escobar plotted the night before the Arizona Convention to cheat the opposition to Margaret Moran and her slew of candidates in Arizona the delegate slots that they were entitled to in the LULAC conventions. Domingo Garcia financed the dues of all these new members of these "paper councils" as well as all other expenses. Even the money orders (Exhibit #25 tendered by Plaintiffs) shows that money orders for the dues came through CBA which monies originally came from Domingo Garcia. What about Alameels financing of the LULAC councils for Margaret Moran in 2013 and for Roger Rocha for 2014? Mr. Garcia's claims against LULAC were litigated in Dallas, TX, wherein the Texas Court denied jurisdiction. (See Def s "Motion To Strike"). This is the Arizona case, not the Dallas case. Garcia's quest for power was at the expense of expensive litigation and of a resulting detrimental effect upon LULA.C's image and reputation as the largest Hispanic Civil Rights Volunteer organization. Mr. Garcia's selfish actions in a personal quest for power show that he sincerely does not care about LULAC or LULA.C's image.

Domingo Garcia damaged the image of LULAC? Its like the pot calling the kettle black. The phrase "The pot calling the kettle black" is an idiom used to claim that a person is guilty of the very thing of which they accuse another. http://en.wikipedia.org/wiki/Kettle The record which will follow in days to come will show how LULAC got so corrupt. There will be a story to be told later the money pouch that Oscar Moran had in the Vegas convention where he would pay out money in cash to delegates who turned in their registration packets at Margaret Morans registration room for delegates who were supporting her who in turn were given ribbons by the bundles along with money to spend in Vegas. CONCLUSION The Court should deny all of Plaintiff s claims. We will see what the court does in days to come.