Hearing: BRYANT FU ET AL VS. TINA YAN ET AL

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                                1    CHARLIE W. YU (SBN 268233)
                           ESSENTIAL LAW GROUP
                      2    548 Market Street, PMB 48752                                                          ELECTRONICALLY
                           San Francisco, CA 94104-5401                                                             F  I  L   E  D
                      3    Telephone: (415) 349-5180                                                             Superior Court of California,
                                                                                                                  County of San Francisco
                           Facsimile: (415) 349-5180
                      4                                                                                              04/29/2022
                           Attorneys for Cross-Defendant                                                         Clerk of the Court
                      5    STELLA CHEN aka HONG XING FU aka HONG XING CHEN                                         BY: SANDRA SCHIRO
                                                                                                                              Deputy Clerk

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                                                  SUPERIOR COURT OF THE STATE OF CALIFORNIA
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                                                                COUNTY OF SAN FRANCISCO
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                                                              UNLIMITED CIVIL JURISDICTION
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                           BRYANT FU et al.,                                       CASE NO. CGC-17-556769
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                                             Plaintiffs,                           NOTICE OF DEMURRER AND
                    13                                                             DEMURRER TO THAI MING CHIU’S
                                    vs.                                            THIRD AMENDED CROSS-COMPLAINT
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                           TINA YAN et al.,
                    15                                                             Date:    June 1, 2022
                                             Defendants.                           Time:    9:30 am
                    16                                                             Dept.:   501
                                                                                   Judge:   Hon. Charles F. Haines
                    17     And RELATED CROSS-COMPLAINT
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                                                                   NOTICE OF DEMURRER
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                                    TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY:
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                                    YOU ARE HEREBY NOTIFIED THAT on the above date at 9:30 am or as soon
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                           thereafter as the matter may be heard in Department 501 of this Court, located at 400
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                           McAllister Street, San Francisco, California, the demurrer of Cross-Defendant STELLA CHEN
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                           to the Third Amended Cross-Complaint of Cross-Complainant THAI MING CHIU, served and
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                           filed with this Notice, will be heard.
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                                    The demurrer is based on the memorandum in support, the request for judicial notice,
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                           the declaration of Charlie W. Yu, the files and records in this action, and any further evidence
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                           and argument that court may receive at or before the hearing.
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                    29         NOTICE OF DEMURRER AND DEMURRER TO THAI MING CHIU’S THIRD AMENDED CROSS-
                                                                             COMPLAINT
                    30                                                CASE NO. GC-17-556769

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                      1                                                     DEMURRER
                      2             TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY:
                      3             Cross-Defendant STELLA CHEN demurs generally to the entire Third Amended Cross-
                      4    Complaint as against her, and the demurs generally and specifically to the second cause of
                      5    action of the Third Amended Cross-Complaint on the following grounds:
                      6             Demurrer to the Second Cause of Action for Conspiracy on Fraudulent Conveyance
                      7             1.       The Third Amended Cross-Complaint fails to state facts sufficient to constitute a
                      8    cause of action.
                      9             2.       The statute of limitations has run on the claim for conspiracy on fraudulent
                    10     conveyance and therefore the claim fails to state facts sufficient to constitute a cause of action.
                    11              3.       The claim for conspiracy on fraudulent conveyance is not plead with the
                    12     required specificity and therefore fails to state facts sufficient to constitute a cause of action.
                    13              4.       Thai Ming Chiu lacks standing to bring the claim for conspiracy on fraudulent
                    14     conveyance because the underlying debt has been discharged in bankruptcy and therefore the
                    15     claim fails to state facts sufficient to constitute a cause of action.
                    16              5.       There is a misjoinder of parties.
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                    18     DATED:      April 29, 2022                            HEDANI, CHOY, SPALDING & SALVAGIONE

                    19                                                           Charlie      Yu
                    20                                                           CHARLIE W. YU
                                                                                 Attorney for Cross-Defendant
                    21                                                           STELLA CHEN
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                    29         NOTICE OF DEMURRER AND DEMURRER TO THAI MING CHIU’S THIRD AMENDED CROSS-
                                                                             COMPLAINT
                    30                                                CASE NO. GC-17-556769

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