Danny Davila Court case documents index (under construction)

Lawyer-CPA Organized Crime against the Elderly Scam outline:

1) The Estate lawyer tells the CPA where the elderly-nest-egg money is,

2) Then the CPA gets to know the elderly by doing their taxes, and exact money location

3) Lawyer and CPA ignore Will/Estate/Trust documents and avoid Probate Court, construct fraudulent DPOAs with no need for 2 doctors certifications or victim at that point anymore. Writes up threatening letters with strange reasons to "release annuities early". With license, Mutual of Omaha will roll over and hand over money with no more due diligence, assuming CPA in control.

4) File tax extensions, delay for time, if discovered by other beneficiaries, smooth over and file fraudulent taxes to cover-up embezzlement. Answer regulators questions, who are just going thru motions and will never look into anything really.

5) If any beneficiaries do take you to court, follow the steps below in bold red and destroy them in court with your legal insurance lawyers, who are now getting their second piece of the pie. "Police never look into these kinds of things" and Travis County "rotating" Court Judges never even read court documents. Court Judges get their case list at 1:15pm for 2pm court hearings. The Judge then asks, "What is this about?", not having even looked at the documents painstakingly written with health and wealth ramifications. After a whimsical or time-constrained or donor-influenced "court order", the court staff attorney then writes that the Judge does not have to explain his decisions.

6) Rinse and Repeat. Return to step one, and repeat with next elderly victim. They will likely die before the realize what's happened, with help if necessary.

Court document details:

doc # doc date doc title notes
1 2013-4-12 Original "Court Complaint" 1) "Petition" in state court lingo
  2013-4-24   2) Jason Coomer informs us that he just found Sylvia Hamilton's Answer to original court case filed on 9-7-2012, after 8 months, in the courthouse files. So no Default Judgment like he had been telling us for 8 months, and no Discovery done on Sylvia Hamilton.

How to win a lawsuit against someone you've embezzled money from:

Overlap voluminous court documents with responses due in 30 days, that Plaintiff can't possibly complete in that timeframe, so all the hundreds of difficultly worded admissions (RFAs) are then deemed true, since they couldn't do it fast enough. Also include discovery questions which imply threats of a slander and libel countersuit, to scare Plaintiff off.

      3) Court "Answers" and RFDs (Requests for Disclosures)
2 2013-5-6 a) Davila's Answer and RFD request as we have no access to AARO, we only have ugly hard to read fax from Coomer
3 2013-5-22 b) Davila's First Amended Answer  
4 2013-6-5 c) Defendant's Response, Defendant's "Persons with Relevant Knowledge" RFDs From Davila
  2013-6-6 d) RFDs To Davila (our Davila "Summary Judgment Tables and Text" vs Jason Coomer's "legal submission")
Drain their bank account with meaningless, expensive Discovery:
  2013-5-22   4) Discovery Request #1 from Robert Smith, Danny Davila's attorney

aka RFAs (Requests for Admission), RFPs (Request for Production), ROGs (Request for Interrogatories)

675 questions - 225x3 pages of triplicated, thesaurus-redundant questions during overlap of same RFD 30 day deadline

our spreadsheet of answers to our attorney Jason Coomer

(our 6-17-2013 spreadsheets vs Jason Coomer's "legal submission" on 7/9/2013)

Jason Coomer's triplicated answers to RSmith/Davila Discovery, which drained every penny of our retainer fund, which the opposing attorney says (MSJ) Coomer got no Rule 11 agreement on to turn in late, so all questions are admitted. But only 2 questions deal with anything of substance, and they have contradicting written evidence, which the opposing attorney (Robert Smith) admitted into evidence with his perjuring Motion for Summary Judgment (MSJ).

  2013-7-9   5) Response to DR#1 from Alan Hamilton
      6) Jason Coomer withdraws from case after RSmith/Davila drain our entire lawyer retainer fund doing DR#1 (675 questions, 1500 pages of documents).
Now that Plaitiff is Pro Se, get a false testi-money from your accomplice to use in your own defense:
  2013-10-17   7) Deposition of Sylvia Hamilton
  2013-10-29   8) (hearing date) - Motion to Compel (MTC) DR#1 from Robert Smith
      a) MTC received (in Sept just as wife leaving for California to see her Dad on death bed for last time)
      b) Memorandum of Opposition to MTC (with Motion to Stay/Discovery Abuse with RFA/RFP/ROG spreadsheets)
      c) MTC Hearing (Judge Scott Jenkins said even though "he didn't understand what www.ProBaitCourt.com was, what 2, no 4 things, can't you live without Robert Smith?". Judge Jenkins then ordered us to give the suspect all the evidence we had given law enforcement, including the amin/login/stat website data, because it was in one of the 4 discovery numbers (out of 18) which Robert Smith said he couldn't live without, despite us bringing up Grand Jury Secrecy Rules and possibly damaging an ongoing criminal investigation. Judge Jenkins said to "get another Judge to tell him he's wrong."
  2013-10-30   9) - (Never recieved - sent with email from new address - email into spam. not sent certified mail.) Court Order from Judge Jenkins to give access to the website, www.ProBaitCourt.com, which we built for law enforcement investigation, and the website usage statistics, to the suspect Danny Davila (with Grand Jury/Time needed/Stipulation agreement attempts with Robert Smith.
Threaten Plaintiffs with Contempt of Court and a $30,000 fine for not receiving an email, which RSmith then refuses to forward copy of "original email".
  20133 Oct/Nov   10) supposed email sent in Oct/Nov - into December with Motion for Contempt of Court and Rule 11 agreement during Christmas)
      11) DR#2 - Discovery request #2 from Robert Smith
Destroy the Plaintiff and wife's health with constant "paperbombs".
  2014   12) Working with law enforcement. wife grieving for Dad and working with own family on her Dad's needed paperwork, with bad migraines/health problems (requiring urgent care/injections/doctor's care) and health problems for Alan's hands/fingers too.

While Plaintiffs are getting medical help and/or grieving the death of a loved one, or any life event which might preclude them having 21 spare days to work on a response, ambush them with a Motion for Summary Judgment. A quick way to shorthen the entire case into 1 month, no extensions allowed, despite health problems, voluminous documents, computer and website problems. Justice apparently cannot wait in Austin, Texas. Not even for the disabled, the elderly or the sick. "Don't call someone a liar in court, cause what did you expect." Judge actually said that to us. And then told us on Friday, to be sure to have our "contradicting evidence" ready for the Monday court hearing, in 3 days, including the weekend. Which we did, but since we got there at 2:30pm, they signed the Order at 2:15pm, so embezzlement legal because old people can't move fast enough for the courts. It's 21 days no matter how many pages are served on you. Period. If you can't fly to the moon in 21 days as requested, then you lose Stumpy.

Ironically, it doesn't matter if you or your attorney perjure (aka lie) in their Motion for a Summary Judgment. Judge doesn't allow you to say the word liar in Court, says "what did you expect?", and doesn't even read the Contradicting evidence, and signs a "Court Order" at 2:15, after only 15 minutes of open court, not caring that the Plaintiffs were on their way. (in the pouring rain, after Plaintiff showedup for a Continuance hearing on previous Thursday at 9am, when the courthouse turned out to be closed because of "winter weather".) 15 minutes for 1.5 million dollars embezzled. That's $100,000/minute. And no IRS to be found, when they say fraudulent taxes are supposedly illegal, much less to cover up embezzlement, money laundering and possible murder.

  2015-3-9   13) Motion for Summary Judgment (MSJ) - RSmith/Davila
      a) MSJ received (date ???)
      b) 2015-3-6 - Motion for Continuance (hearing transcripts - Judge Orlinda Naranjo and Judge Eric Sheppard)
      c) Memorandum of Opposition to MSJ (with Contradicting Evidence List/Table)
      d) MSJ Hearing - Judge Tim Sulak, (hearing transcript), RSmith got an "ex-parte" (only one party present with Judge) Court Order with his perjuring Motion, at 2:15pm, as we drove there on a rainy day, after emailing him that we were on our way, with our Memorandum of Opposition, with contradicting evidence.
Embezzlement from the Elderly Scam complete: Since people don't know the rules of court and how to follow them, or can't move quick enough, Lawyers and CPAs don't have to follow the law. And if they don't own or know how to use Adobe Acrobat, they are toast in court anyways. And the court only allows digital access to lawyers, just for icing on the cake. Let them eat paper documents and choke on them. And the "Rotating Judges of Travis County" never need fear being held accountable. What appear to keep corruption out of the Judges, actually allows unaccountability of any Judge.

The Appeals Docs

doc # doc date doc title notes
2 6/5/2015 Notice_of_Appeal_signed-stamped filed with Travis County District Court (TCDC) Clerk-same document filed to 3rd Court of Appeals-Notice_of_Appeal_signed-3rdCourtofAppeals-stamped
3 6/5/2015 Request_for_Pre_rd_for_Appeal_signed-stamped Request for Preparation of the Record for an Appeal
4 6/18/2015 docketing statement filed  
    The attempt for get a non-defective Clerk's Record begins  
5 7/2/2015 Designation_of_Clerks_Record_filed-3COA-stamped also filed with TCDC (mcm-link)
6 8/10/2015 Motion_for_Ext_to_file_Brief_fix_Clerks_Record-stamped filed with 13th Court of Appeals-same document filed with TCDC Clerk-13COA_Motion_fix_Clerks_rd_TCDC_Clerk_letter-stamped
7 9/10/2015 13thCOA_letter_medical_emergency_signed-stamped  
8 10/7/2015 13COA_letter_late_brief_reason_filed-Appeals Court-stamped filed with 13th Court of Appeals-same document filed with TCDC Clerk-13COA_letter_late_brief_reason_filed-Travis Court-stamped
9 11-2-2015 13COA_En_Banc_Contempt_Motions_fix_Clerks_Rec-13COA stamped also filed with TCDC (mcm-link)
1C 11-2-2015 from Appeals Clerk-MT ENBANC FLD-CV__FILECOPY-length violation FROM Appeals Clerk-cites us for 9.4 violation in request for 9.4 violation in TCDC Clerk's Record to be fixed-plus requests $5


13COA_letter_En_Banc_not_late_format_issues-Appeals-stamped also filed with TCDC-13COA_letter_En_Banc_not_late_format_issues-Travis-stamped
2C 11-18-2015 Appeals Clerk response to 11/13/2015 letter-request for $10 FROM Appeals Clerk-request for $10-still no 9.4 violation on TCDC Clerk Clerk's Record
11 11-30-2015 13COA_letter_5_and_10_dollar_requests-Appeals-stamped also filed with TCDC-13COA_letter_5_and_10_dollar_requests-Travis-stamped
    still need to intersperse all "court/clerk replies", designated with a capital "C" in the doc #s  


Last Updates: 6/7/2017 (typos-"above steps" to "steps below"), 11/16/2015, 11/30/2015