YouTuber, Trifold pitchman, board game designer and future gubernatorial candidate of an unspecified state Jose “Chille” DeCastro got a minor victory on Wednesday as Judge H. Jay Ford III declined to dismiss his California Superior Court lawsuit but, instead, moved any action on the lawsuit until the end of May.
DeCastro is suing YouTuber Kate Peter, Michael “Blue Bacon” Pierattini and Team Skeptic, along with “superfan” Daniel Clement, for various largely unsubstantiated charges of harassment against him in 2022.
The easily outraged YouTuber filed a last-minute request to have the lawsuit against Pierattini, Skeptic and Clement dismissed without prejudice, (leaving the charges in place against Peter), just days before the scheduled Wednesday sanctions hearing.
DeCastro has apparently refused to drop the accusations against Peter as he has a default on record by the Court Clerk against Peter. While Judge Ford has yet to hear the case for turning that default into a default judgment against Peter, DeCastro will be expected to present a case to show damages in order to earn monetary damages from that judgment.
Without comment on DeCastro’s new pattern of last-minute filings, the Court moved Wednesday’s hearings on sanctions and to set a trial date to May 29, 2025. Those hearings join an existing hearing on a Motion for Summary judgment previously scheduled for that date.
DeCastro also dismissed his attorney, Steven T. Gebelin, in a separate motion. The previous filed request for sanctions against Gebelin had also been withdrawn at Wednesday’s hearing.
Pierattini’s attorney, R. Paul Katrinak, has indicated that he will be filing a motion to vacate or strike DeCastro’s attempt at dismissal, which will also be heard during the May hearings. In his initial opposition to DeCastro’s motion to dismiss the case, Katrinak pointed out DeCastro’s pattern of last-minute filings to significantly alter or delay proceedings.
Katrinak’s frustration with DeCastro’s actions were apparent as he wrote in his latest filing in the lawsuit:
As the Court knows, Plaintiff has treated the discovery process with complete disdain, refusing to provide any evidence to support his frivolous claims against Mr. Pierattini. In an attempt to understand what exactly Plaintiff’s claims against him actually are, Mr. Pierattini propounded standard discovery requests to Plaintiff. Rather than properly responding to Mr. Pierattini’s discovery requests, Plaintiff chose to engage in gamesmanship and refused to provide any information or documents. Plaintiff has already been sanctioned for his conduct during discovery.
Aside from his outright refusal to engage in discovery, Plaintiff has made plain the true intentions behind this litigation, which are to make this case as expensive as possible for Mr. Pierattini by running up Mr. Pierattini’s attorney’s fees, for entertainment purposes in connection with his YouTube channel, and to ruin Mr. Pierattini professionally. Plaintiff has bombarded Mr. Pierattini’s counsel with emails regarding meritless motions and absurd stipulation requests, has filed frivolous motions with the Court, and has screamed at Mr. Pierattini’s counsel and Judge Ford in court hearings. Plaintiff even refused to provide his address until ordered to do so by the Court.
Plaintiff’s harassment of Mr. Pierattini, as well as his mockery of the Court and its proceedings, must come to an end. Plainly, Plaintiff has provided no evidence to support his outlandish claims against Mr. Pierattini and continues to refuse to engage in discovery. The fact is that there is no evidence for Plaintiff’s claims, and Mr. Pierattini therefore respectfully requests that the Court vacate/strike Plaintiff’s 11th hour attempt to dismiss Mr. Pierattini without prejudice and enter an order that Mr. Pierattini is dismissed WITH prejudice from this frivolous action to put an end to this waste of time, money, and court resources.
Strangely, DeCastro’s responses to Katrinak’s objections to DeCastro’s attempt to dismiss the lawsuit have yet to be posted on the California Superior Court website. While listed in the queue, they are unavailable for download.
DeCastro has yet to comment on the case, or any of his other on-going projects, including his missed deadline to create a GoFundMe for friend an jailed YouTuber Craig Hendry.
With a lack of new GoFundMe for Hendry or any sort of promotion from DeCastro of Hendry’s existing campaigns, these campaigns joined the majority of the market in drawing goose eggs for Thursday.
Our own On-Going Expenses campaign won the day with a $25.00 donation.
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