Will a teary-eyed Aurelio take the stand again?
DEFENDANT DELFINO'S NOTICE OF INTENTION TO MOVE FOR NEW TRIAL
"TO EACH AND ALL PLAINTIFFS (Varian Medical, Varian Semiconductor, Susan Felch & George Zdasiuk), and Lynne Hermle, Esq. of the Orrick Law Firm, their attorney of record:
NOTICE IS GIVEN that, at a time to be set by the court, defendant, Michelangelo Delfino, intends to move for an order vacating and setting aside the verdict of the jury and the decision of the court rendered in favor of Plaintiffs Varian Medical, Varian Semiconductor, Susan Felch & George Zdasiuk, and against defendants, Michelangelo Delfino and Mary E. Day and the judgment entered on those verdicts and decision), and granting defendants Michelangelo Delfino and Mary E. Day, a new trial on each of, and all of, the issues set forth herein. The motion will be made on the following grounds:
(1) Irregularity in the proceedings of the court prevented defendants from having a fair trial.
(2) Irregularity in the proceedings of the jury prevented defendants from having a fair trial.
(3) Irregularity in the proceedings on the part of plaintiff prevented defendants from having a fair trial.
(4) An order of the court prevented defendants from having a fair trial.
(5) Abuse of discretion by the court prevented defendants from having a fair trial.
(6) Misconduct of the jury and/or juror(s).
(7) Accident or surprise that ordinary prudence could not have guarded against.
(8) Newly discovered evidence, material to defendant and which defendant could not, with reasonable diligence, have discovered and produced at trial.
(9) Excessive damages.
(10) Insufficiency of the evidence to justify the verdict and/or decision rendered in this matter.
(11) The verdict and/or decision rendered in this matter is against law.
(12) Error of law, occurring at trial and excepted to by defendant(s).
With respect to the grounds specified in items (1) - (8) above, this motion will be made on the affidavit(s) and/or declaration(s) to be served and filed within ten days of the filing of this notice.
With respect to the grounds specified in items (1) - (12) above, this motion will (also) be made on the minutes of the court.
This motion will also be based on the memorandum of points and authorities to be served and filed with or within ten days of the filing of this notice.
Dated February 28, 2002
By: Glynn P. Falcon, Attorney for Michelangelo Delfino"
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