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1 Nicholas A. Rogers, California Bar No. 248900
Aaron A Hayes, California Bar No. 236122
2 O’TOOLE ROGERS, LLP
3650 Mt. Diablo Blvd, Suite 180
ELECTRONICALLY
3 Lafayette, CA 94549
Telephone: 925.284.4693 F I L E D
4 Fax: 925.433.6627 Superior Court of California,
County of San Francisco
nrogers@otoolerogers.com
5 ahayes@otoolerogers.com 02/22/2022
Clerk of the Court
BY: SANDRA SCHIRO
6 Attorneys for Defendant Deputy Clerk
WILLIAM RICHARD LAWSON
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN FRANCISCO
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11 MARK D. MCHALE, an individual; No. CGC-21-592767
MICHAEL J. GRANT, an individual
12 DEFENDANT WILLIAM RICHARD
Plaintiffs, LAWSON’S NOTICE OF DEMURRER
13 AND DEMURRER TO FIRST AMENDED
vs. COMPLAINT
14
WILLIAM RICHARD LAWSON, an Date: March 29, 2022
15 individual, and DOES 1-50, inclusive, Time: 9:30 a.m.
Dept.: 501
16 Defendants.
17 Complaint Filed: June 11, 2021
Trial Date: N/A
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20 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
21 PLEASE TAKE NOTICE THAT at 9:30 a.m. on March 29, 2022, or as soon thereafter as
22 the matter may be heard, in Department 501 of the above entitled Court located at 400 McAllister
23 Street, San Francisco, CA 94102, Defendant WILLIAM RICHARD LAWSON (“Lawson”) will
24 and hereby does demur to the First Amended Complaint of Plaintiffs MARK D. MCHALE, an
25 individual, and MICHAEL J. GRANT, an individual, (“Plaintiffs”), filed in the above entitled Court
26 on or about January 4, 2022.
27 ///
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DEFENDANT WILLIAM RICHARD LAWSON’S NOTICE OF DEMURRER
AND DEMURRER TO FIRST AMENDED COMPLAINT
1 Information for remote appearance is available at the San Francisco Superior Court’s website
2 located at: https://sfsuperiorcourt.org/.
3 This Demurrer is made on the grounds that each cause of action asserted in the First
4 Amended Complaint fails to state facts sufficient to constitute a cause of action. (Code of Civil
5 Procedure (“CCP”), Section 430.10 (e).) Accordingly, the Association hereby demurs to the First
6 Amended Complaint in its entirety and as to each cause of action on the following grounds:
7 First Cause of Action
8 The First Cause of Action for Breach of the Governing Documents fails to state facts
9 sufficient to constitute a cause of action against the Association. (CCP, § 430.10 (e).)
10 Second Cause of Action
11 The Second Cause of Action for Breach of Contract fails to state facts sufficient to constitute
12 a cause of action against the Association. (CCP, § 430.10 (e).)
13 Third Cause of Action
14 The Third Cause of Action for Violation of the Davis-Stirling Common Interest
15 Development Act, Civil Code § 4000, et seq. fails to state facts sufficient to constitute a cause of
16 action against the Association. (CCP, § 430.10 (e).)
17 Fourth Cause of Action
18 The Fourth Cause of Action for negligence fails to state facts sufficient to constitute a cause
19 of action against the Association. (CCP, § 430.10 (e).)
20 Fifth Cause of Action
21 The Fifth Cause of Action for declaratory relief fails to state facts sufficient to constitute a
22 cause of action against the Association. (CCP, § 430.10 (e).)
23 Sixth Cause of Action
24 The Sixth Cause of Action for nuisance fails to state facts sufficient to constitute a cause of
25 action against the Association. (CCP, § 430.10 (e).)
26 Seventh Cause of Action
27 The Seventh Cause of Action for conversion fails to state facts sufficient to constitute a cause
28 of action against the Association. (CCP, § 430.10 (e).)
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DEFENDANT WILLIAM RICHARD LAWSON’S NOTICE OF DEMURRER
AND DEMURRER TO FIRST AMENDED COMPLAINT
1 Eighth Cause of Action
2 The Eighth Cause of Action for Right to Foreclosure - Real Property Claim fails to state
3 facts sufficient to constitute a cause of action against the Association. (CCP, Section 430.10 (e).)
4 This Demurrer is based on the grounds stated in the attached Demurrer, the accompanying
5 Memorandum of Points and Authorities, all pleadings, files, and records maintained by the Court,
6 and upon such oral argument as may be presented at the hearing on the Demurrer.
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8 Date: February 22, 2022 O’TOOLE ROGERS, LLP
9
10 By: ____________________________________
Nicholas A. Rogers
11 Aaron A. Hayes
Attorneys for Defendant
12 WILLIAM RICHARD LAWSON
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DEFENDANT WILLIAM RICHARD LAWSON’S NOTICE OF DEMURRER
AND DEMURRER TO FIRST AMENDED COMPLAINT
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1 Nicholas A. Rogers, California Bar No. 248900 Aaron A Hayes, California Bar No. 236122 2 O’TOOLE ROGERS, LLP 3650 Mt. Diablo Blvd, Suite 180 ELECTRONICALLY 3 Lafayette, CA 94549 Telephone: 925.284.4693 F I L E D 4 Fax: 925.433.6627 Superior Court of California, County of San Francisco nrogers@otoolerogers.com 5 ahayes@otoolerogers.com 02/22/2022 Clerk of the Court BY: SANDRA SCHIRO 6 Attorneys for Defendant Deputy Clerk WILLIAM RICHARD LAWSON 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 MARK D. MCHALE, an individual; No. CGC-21-592767 MICHAEL J. GRANT, an individual 12 DEFENDANT WILLIAM RICHARD Plaintiffs, LAWSON’S NOTICE OF DEMURRER 13 AND DEMURRER TO FIRST AMENDED vs. COMPLAINT 14 WILLIAM RICHARD LAWSON, an Date: March 29, 2022 15 individual, and DOES 1-50, inclusive, Time: 9:30 a.m. Dept.: 501 16 Defendants. 17 Complaint Filed: June 11, 2021 Trial Date: N/A 18 / 19 20 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 21 PLEASE TAKE NOTICE THAT at 9:30 a.m. on March 29, 2022, or as soon thereafter as 22 the matter may be heard, in Department 501 of the above entitled Court located at 400 McAllister 23 Street, San Francisco, CA 94102, Defendant WILLIAM RICHARD LAWSON (“Lawson”) will 24 and hereby does demur to the First Amended Complaint of Plaintiffs MARK D. MCHALE, an 25 individual, and MICHAEL J. GRANT, an individual, (“Plaintiffs”), filed in the above entitled Court 26 on or about January 4, 2022. 27 /// 28 1 DEFENDANT WILLIAM RICHARD LAWSON’S NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT 1 Information for remote appearance is available at the San Francisco Superior Court’s website 2 located at: https://sfsuperiorcourt.org/. 3 This Demurrer is made on the grounds that each cause of action asserted in the First 4 Amended Complaint fails to state facts sufficient to constitute a cause of action. (Code of Civil 5 Procedure (“CCP”), Section 430.10 (e).) Accordingly, the Association hereby demurs to the First 6 Amended Complaint in its entirety and as to each cause of action on the following grounds: 7 First Cause of Action 8 The First Cause of Action for Breach of the Governing Documents fails to state facts 9 sufficient to constitute a cause of action against the Association. (CCP, § 430.10 (e).) 10 Second Cause of Action 11 The Second Cause of Action for Breach of Contract fails to state facts sufficient to constitute 12 a cause of action against the Association. (CCP, § 430.10 (e).) 13 Third Cause of Action 14 The Third Cause of Action for Violation of the Davis-Stirling Common Interest 15 Development Act, Civil Code § 4000, et seq. fails to state facts sufficient to constitute a cause of 16 action against the Association. (CCP, § 430.10 (e).) 17 Fourth Cause of Action 18 The Fourth Cause of Action for negligence fails to state facts sufficient to constitute a cause 19 of action against the Association. (CCP, § 430.10 (e).) 20 Fifth Cause of Action 21 The Fifth Cause of Action for declaratory relief fails to state facts sufficient to constitute a 22 cause of action against the Association. (CCP, § 430.10 (e).) 23 Sixth Cause of Action 24 The Sixth Cause of Action for nuisance fails to state facts sufficient to constitute a cause of 25 action against the Association. (CCP, § 430.10 (e).) 26 Seventh Cause of Action 27 The Seventh Cause of Action for conversion fails to state facts sufficient to constitute a cause 28 of action against the Association. (CCP, § 430.10 (e).) 2 DEFENDANT WILLIAM RICHARD LAWSON’S NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT 1 Eighth Cause of Action 2 The Eighth Cause of Action for Right to Foreclosure - Real Property Claim fails to state 3 facts sufficient to constitute a cause of action against the Association. (CCP, Section 430.10 (e).) 4 This Demurrer is based on the grounds stated in the attached Demurrer, the accompanying 5 Memorandum of Points and Authorities, all pleadings, files, and records maintained by the Court, 6 and upon such oral argument as may be presented at the hearing on the Demurrer. 7 8 Date: February 22, 2022 O’TOOLE ROGERS, LLP 9 10 By: ____________________________________ Nicholas A. Rogers 11 Aaron A. Hayes Attorneys for Defendant 12 WILLIAM RICHARD LAWSON 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DEFENDANT WILLIAM RICHARD LAWSON’S NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT