VIRGINIA: IN THE MAGISTERIAL COURT OF VENANGO COUNTY ERIC J. BONETTI, Plaintiff, CIVIL ACTION NUMBER: MJ-28303-CV-0000030-2020
vs. ROBERT H. MALM Defendant
PLAINTIFF’S MOTION FOR RECONSIDERATION COMES NOW PLAINTIFF, Eric Bonetti, and respectfully submits this motion for reconsideration in the abovecaptioned matter, which was dismissed without prejudice on August 3, 2020. 1.
While the Court’s ruling does not specify its reasons for dismissal without prejudice, Plaintiff surmises based on oral arguments that the Court concluded that Ms. Yahner’s written assignment of rights in the case was excluded as hearsay.
2.
It is well-settled that written assignments of rights, contracts, and contractual language are exceptions to the hearsay rule, for they do not go to the truth or falsity of another matter, but are admissible, independent acts that must be evaluated within the context of the surrounding circumstances. E.g., Mueller v. Abdnor, 972 F.2d. 931 (8th Cir. 1992)
3.
It is undisputed that Ms. Yahner assigned all rights and interest in all legal claims against defendant prior to her death, and did so in writing.
4.
Ms. Yahner’s assignment was made in anticipation of death, and with full knowledge that legal proceedings were imminent against the defendant and related parties.
For these reasons, the Plaintiff respectfully asks the Court to review the case on its merits and render judgment in favor of the defendant. Respectfully submitted this 12th day of August 2020.
ERIC J. BONETTI Pro Se Plaintiff 4129 Fountainside Lane 203
Fairfax VA 22030 eric.bonetti@me.com