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Nancy Deloach, In Pro PerCraig Deloach, In Pro Per1815 Virginiatown Rd.Lincoln, Ca 95648(916) 645-2768Fax: (916) 645-2768

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF PLACER

- Limited Civil Case -

LINDA JEAN STYVE BUISSON ) )

PLAINTIFF ) )

vs. ))))

NANCY ANN STYVE DELOACH & ) CRAIG WARNER DELOACH )

) DEFENDANTS )

____________________________________)

NOTICE OF INTENT TO FILE A MOTION FOR NEW TRIAL

TO THE COURT AND ALL PARTIES:

PLEASE TAKE NOTICE THAT Pursuant to California Code of Civil Procedure (CCP) §§657, 658,

659, 659(a), et seq. and CRC Rule 3.1600, Defendants intend to move the Court to set aside the

judgment entered on the courts decision of December 23, 2014, and to grant a new trial in the

above-referenced action.

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NOTICE OF INTENT TO FILE A MOTION FOR NEW TRIAL

Case No: MCV0059951

Hearing Date: February 10, 2015Time: 8:30 AMDept: 40Complaint Filed: 12/2/13Trial date: 8/28/14, 8/29/14 & 9/24/14 Decision Date: 12/23/14

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The motion will be heard in Department 40 of the above referenced court on February 10, 2015 at

8:30 AM or soon thereafter as the court wishes to call up the case pursuant to CCP Section 661.

This motion will be made on each and all of the following grounds, which materially affected the

substantial rights of the moving party and prevented a fair trial:

1. Irregularity in the proceedings of the Court, abuse of discretion by the court (CCP § 657(1));

a. Plaintiff provided full testimony on her own behalf and was allowed to present

witnesses, explain exhibits and examine the opposing parties, while Defendants’ were

prevented from doing the same;

b. Plaintiff was also permitted to present the full depositions of the Defendants taken by

the in pro per Plaintiff. These depositions were relied upon by the Court in making the

decision, while the Plaintiffs’ written responses to the Defendants requests for

admissions and Judicial Council form interrogatory were rejected as they were not

attorney drafted.

c. Additionally, Plaintiff was allowed to take Defendants original exhibits home with her

overnight for further review.

2. Accident or surprise, which ordinary prudence could not have guarded against (CCP section

657(7));

a. The Defendants did not understand that agreeing to have the court review all

documents, exhibits, etc. would deprive them of providing any further testimony,

exhibits and witness examinations that would further support their affirmative

defenses.

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NOTICE OF INTENT TO FILE A MOTION FOR NEW TRIAL

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b. The Defendants Motion in Limine to exclude plaintiff’s evidence was disregarded as

the trial was not by jury. Defendants were instructed to trust the court’s “evidence

filter”.

Additionally, all issues raised in the pleadings have not been addressed in the decision; the decision

states the defendant as Craig Wayne DeLoach rather than Craig Warner DeLoach; and finally, the

decision states that no jury trial was requested when in fact the defendants requested a jury trial on

May 2, 2014.

The motion will be argued based on this Notice; the evidence presented at trial: all pleadings, papers

and records in this action; the minutes of the Court; and a memorandum of points and authorities to

be filed and served within the time permitted by California Rule of Court 3.1600 and any necessary

affidavits or declarations.

Respectfully submitted,

Date: ___________________________________Nancy DeLoach – In Pro Per

__________________________________Craig DeLoach – In Pro Per

Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the court day before the hearing. The tentative ruling will be available after 12:00 noon as an audio recording accessible at (916) 408-6480; the tentative ruling will also be available at the court’s website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter and no hearing will be held unless oral argument is timely requested or the tentative ruling indicates otherwise. Requests for oral argument must be made by calling (916) 408-6481 no later than 4:00 p.m. on the court day prior to the hearing.

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NOTICE OF INTENT TO FILE A MOTION FOR NEW TRIAL