A late filing in the lawsuit brought by Jose “Chille” DeCastro against Michael “Blue Bacon” Pierattini (Bacon), Kate Peter, David “Team Skeptic” Omo Jr. and Daniel Clement on Friday saw a demand by Bacon’s attorney for sanctions against DeCastro.
Bacon’s attorney, R. Paul Katrinak, is requesting sanctions of at least $10,410 from DeCastro for failing to meet and confer in good faith prior to DeCastro filing a demurrer earlier in the year.
The motion, dated in February, was compiled to abide by the “safe harbor” provisions of Code of Civil Procedure Section 128.7(c)’s requirement to serve DeCastro at least 21 days before filing it with the Court. It is a new filing to support an upcoming May hearing scheduled to discuss the demurrer.
The motion essentially accuses DeCastro of acting in bad faith and attempting to skirt the Court’s filing rules while providing little to no information in those filings on why DeCastro is suing Bacon. The $10,410 request corresponds to the amount of time Katrinak would bill Bacon at his current rates to respond to DeCastro’s improperly filed demurrer.
A demurrer is defined as essentially an objection granting the factual basis of an opponent’s point but dismissing it as irrelevant or invalid. DeCastro filed his current demurrer earlier this year allegedly in violation of the Court’s rules for filing and without making good faith efforts to consult Katrinak before filing.
Katrinak is asking for sanctions to deter further bad-faith efforts by DeCastro in order to further delay the lawsuit and force Bacon to expend funding to defend against those efforts. DeCastro has openly stated in the past that he is not seeking to win the case in California Superior Court as he is only out to bankrupt the defendants.
Bacon was recently awarded $1,635.00 by Judge H. Jay Ford III in the case as DeCastro skipped a scheduled deposition, claiming it was too far to travel to from his new home in Nevada. DeCastro had not informed the Court nor the defendants of his change of address. Judge Ford also ordered DeCastro to file a notice of change of address with the Court that revealed his current living address, and not his mailing address, by March 17, 2024.
While DeCastro has publicly stated that he would pay the $1,635.00 out of pocket without crowd sourcing from his fan base, it is unclear if he has done so. His deadline to pay the fine is April 9, 2024.
DeCastro has not replied to the new motion for sanctions as of press time.
This is a breaking news story.
Case Links
The Public Documents of Jose Maria “Chille” DeCastro
https://thepublicdocuments.com/
DeCastro vs. Peter, etc. – California State Superior Court
https://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil (Use case: 23SMCV00538)
DeCastro vs. Las Vegas Metropolitan Police Department
https://www.courtlistener.com/docket/67210646/decastro-v-las-vegas-metropolitan-police-department/
DeCastro vs. Mcknight (Federal Court filed in Nevada vs. Ohio)
https://www.courtlistener.com/docket/68308740/decastro-v-mcknight/
DeCastro vs. Wagner (Ironton) – APPEAL
https://www.courtlistener.com/docket/67862227/jose-decastro-v-pam-wagner/
Feb 14, 2024 Arrest (Las Vegas)
https://municourt.lasvegasnevada.gov (Defendants, DeCastro, Jose, 9/11/74)
Maryland Criminal Complaint by Collin Campbell
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CR-24-000572)
DeCastro vs. State of Nevada (Appeal of March 2024 conviction)
https://www.clarkcountycourts.us (Use case: C-24-381730-A)
DeCastro vs. Evan McKnight, Defendants (Lawsuit against Ironton filed in Nevada state court)
https://www.clarkcountycourts.us (Use case: A-24-888450-C)
Rodgers v. Winfrey (Deboraugh Rodgers Federal Case)
https://www.courtlistener.com/docket/66901243/rodgers-v-winfrey/
Dollarhide v. Dickens (Jason Dollarhide Federal Case)
https://www.courtlistener.com/docket/64862375/dollarhide-v-dickens/
DeCastro vs. Abrams & Peter (Dismissed)
https://www.courtlistener.com/docket/64946355/decastro-v-abrams/
DeCastro vs. Wagner (Ironton) (Dismissed)
https://www.courtlistener.com/docket/63235878/decastro-v-wagner/
DeCastro vs. Las Vegas Metropolitan Police Department – APPEAL (Dismissed)
https://www.courtlistener.com/docket/67693595/jose-decastro-v-lvmpd/
Wallace v. Las Vegas Metropolitan Police Department (Dismissed)
https://www.courtlistener.com/docket/67423252/wallace-v-las-vegas-metropolitan-police-department/
Maryland Peace Order by Collin Campbell (Closed)
https://casesearch.courts.state.md.us/casesearch/inquiry-search.jsp (Use case: D-09-CV-24-809545)
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