Jose “Chille” DeCastro surprised the auditing community on Thursday as he filed an appeal of his one thought settled California Superior court case against Michael “Blue Bacon” Pierattini, Kate Peter, Daniell Clement and Team Skeptic.
DeCastro originally filed the lawsuit in 2023 as his federal civil lawsuit against Peter, Jost Abrams and Google was in its closing days. That suit was originally a defamation and harassment suit against Peter and Abrams, which became the basis for his nearly identical refiling against Skeptic, Clement, Peter and Pierattini.
The new suit faced problems as it was determined that he failed to properly serve Team Skeptic with either the original or amended complaints, failed to serve Clement with the amended complaint, and may or may not have failed to properly serve Kate Peter.
DeCastro would later file and be granted a default against Peter, ending Peter’s ability to defend herself, but the service of either the original complaint or the amended complaint were always in question and was not pursed as others were dismissed from the lawsuit.
Pierattini was the only defendant to accept service and was the only active defendant during the lawsuit. While the lawsuit was hampered by DeCastro’s incarceration for unrelated charges in Nevada, it was also hampered by DeCastro’s willingness to delay the lawsuit in order to financially damage Pierattini.
DeCastro refused to take part in discovery on multiple occasions, or when he did respond, he offered last minute filing filled with gibberish and non-answers. He was ultimately sanctioned roughly $10,000.00 during the course of the lawsuit, with another $5,000.00 awarded to Pierattini at the end of the lawsuit.
The diminutive YouTuber ultimately voluntarily dismissed the lawsuit against defendants Team Skeptic and Daniel Clement without prejudice. He refused to extend the dismissal offer to defendant Kate Peter.
Defendant Pierattini refused to accept a similar offer, as the court had not yet ruled on the final factors in his pending motion to dismiss the lawsuit with prejudice.
In the end, the court granted the dismissal as to Team Skeptic and to Clement, then granted Pierattini’s motion to dismiss with prejudice and terminating sanctions against DeCastro.
DeCastro is seeking:
- Reverse the trial court’s vacatur of Appellant’s voluntary dismissal of Defendants Pierattini, Clement, and Omo filed April 15, 2025.
- Reverse all terminating sanctions and monetary sanctions totaling $15,255 imposed against Appellant during his 117-day wrongful incarceration.
- Restore Appellant’s case against Defendant Katherine Peter and remand for proceedings on the merits as to Katherine Peter only.
- Award such other relief as the Court deems just and proper.
His stated his grounds for appeal as:
The trial court violated Appellant’s constitutional right to due process by imposing terminating and monetary sanctions for conduct physically impossible during Appellant’s 117-day wrongful incarceration (conviction later overturned on appeal). The court further erred by vacating Appellant’s absolute statutory right to voluntary dismissal under Code of Civil Procedure section 581(b)(1).
DeCastro’s sudden announcement did nothing to spark any of his GoFundMe campaigns this week as most of the market was again covered in goose eggs.
SeanPaul “Long Island Audit” Reyes won Wednesday with a $50.00 donation to his Support the Fight Against Tyranny and Corruption Campaign and a $10.00 donation to his Help Me Fight These Unlawful Charges & Injustice campaign.
The market went dark on Thursday, with no observed donations to any of the campaigns we follow, including DeCastro’s three active campaigns.
This is a breaking news story.
First, the chance of any appeal being accepted is like 5-10% and is lower, the higher one goes up into the court levels.SCOTUS gets about 10K cases but only agrees to hear 75 of them. So there is that fact.
Next, this appeal is rather silly
JF DeCastro is seeking:
Reverse the trial court’s vacatur of Appellant’s voluntary dismissal of Defendants Pierattini, Clement, and Omo filed April 15, 2025.
Reverse all terminating sanctions and monetary sanctions totaling $15,255 imposed against Appellant during his 117-day wrongful incarceration.
Restore Appellant’s case against Defendant Katherine Peter and remand for proceedings on the merits as to Katherine Peter only.
Taking each in order
Reverse the trial court’s vacatur of Appellant’s voluntary dismissal of Defendants Pierattini, Clement, and Omo filed April 15, 2025.
That is a mouthful. He wants to reverse his own request to dismiss for two parties? Buyers remorse maybe? He requested this and it was granted. He can refile both of those two suits
Pierattini, was not voluntarily dismissed so he is not even asking for that. It was dismissed with prejudice
So, he is not even asking for that suit to be reverse.
The court is going to have to play guessing games here.
Reverse all terminating sanctions and monetary sanctions totaling $15,255 imposed against Appellant during his 117-day wrongful incarceration.
So again he write a two part statement. If one part is incorrect then the statement is not correct. In this case none of the sanctions that terminated his suit against BB or the $$$ he was ordered to pay has anything to do with his being in jail. They had to do with his actions of not answering the questions in discovery. His excuse, I was in jail. only means he should have gotten a real lawyer who was not also in jail with him. It would have helped if he had any clue how to answer a discovery request. It would help further is he was working on anything to do with BB that was in fact, factual. As opposed to his own speculation.
Restore Appellant’s case against Defendant Katherine Peter and remand for proceedings on the merits as to Katherine Peter only.
The case against Kate was never dismissed. And there are no merits on hand to be found in this case against any of the defendants. So, yet again heis relief is either non existent or nonsense. He can literally pursue his clerks default judgement against Kate at any time. The problem here, as will BB and also with Kate, when given the chance to provide any evidence meritorious or not , he failed to, time after time. When in discovery, this is where you put it all on the table, every fact, every theory, everything you can think of. People in real court cases exchange truckloads of documents and reports as evidence. chill phone it in with a hand waving gesture and the famous use of force “nope” defense.
JF His stated his grounds for appeal as:
The trial court violated Appellant’s constitutional right to due process by imposing terminating and monetary sanctions for conduct physically impossible during Appellant’s 117-day wrongful incarceration (conviction later overturned on appeal).
Again, this did not happen, and at any time, chilli could have hired a lawyer to argue his case. He, says his criminal conviction was overturned, showing he had access to lawyers who could have take up the challenge and gone to court for this case if he had only hired them.
JF The court further erred by vacating Appellant’s absolute statutory right to voluntary dismissal under Code of Civil Procedure section 581(b)(1).
What’s an absolute right? Is that like a right only it is absolute? Or is that like a constitutional right only it is not in the constitution?
Your right to voluntarily dismiss a case is a thing. Right up until the other side responds. In which case, you have to ask for and obtain permission.
He asked and was refused on the BB case, because BB was fighting the case. As was his, BB’s right to refuse.
So no absolute right involved.
All in all, a typical filing by chilli. Nothing to write home with, or should that be nothing right about it?
The court will most likely dismiss this without even going to the bother of hearing arguments or further filings. This is just too silly.
But as every other lolsuit filed over the last few years, it has no merit and no meaning.