This is a request to the Fifth District Court of Appeals in Fresno, CA. The determinations made by Judge Stephen Schuett, of the Kern County Superior Court fail to comply with Cal. CCP 582 in which the dismissals were never determined on the merits. The word the word 'dismissed' is not determinative. (Moch v. Superior Court, 39 Cal. App. 471, 475 [179 P. 440]) This question is to be determined, not on the basis of any single word or phrase used, but upon a consideration of the entire 'judgment,' together with the pleadings and findings. The issue that the Fifth District Court of Appeals must decide is if the trial court erred when finding that the litigation in case #BCV-16-101157 was barred by litigation privilege (Cal CCP 47). It should be simple for the appellate court to make their determination as the same appellate court reversed a case that was presided by Judge Stephen Schuett in which he found that the litigation privilege barred the complaint in "People v. Persolve (2013) 218 Cal.App.4th 1267."
