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

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                                RANDALL P. CHOY (SBN 83194) ELECTRONICALLY
CHARLIE W. YU (SBN 268233) FILED
HEDANI, CHOY, SPALDING & SALVAGIONE LLP Superior Court of California,
595 Market Street, Suite 1100 County of San Francisco
San Francisco, CA 94105 09/25/2018
Telephone: (415) 778-0800 Clerk of the Court
Facsimile: (415) 778-0700 Eee ae ene
Deputy Clerk
Attomeys for Cross-Defendant
STELLA CHEN aka HONG XING FU aka HONG XING CHEN

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

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UNLIMITED CIVIL JURISDICTION

BRYANT FU et al., Reservation No. 0925 1025-05
Plaintiffs, CASE NO. CGC-17-556769

vs. NOTICE OF DEMURRER AND
DEMURRER TO CHIU’S CROSS-
TINA YAN et al., COMPLAINT

‘www-hedanichoy.com

Defendants. Date: October 25, 2018
Time: 9:30 am
Dept.: 302
And RELATED CROSS-COMPLAINT Judge: Hon. Harold E. Kahn

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NOTICE OF DEMURRER
TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY:
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 302 of this Court, located at 400
McAllister Street, San Francisco, California, the demurrer of Cross-Defendant STELLA CHEN

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to the Cross-Complaint of Cross-Complainant THAI MING CHIU, served and 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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NOTICE OF DEMURRER AND DEMURRER TO CHIU’S CROSS-COMPLAINT
CASE NO. GC- 17-5567698
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DEMURRER

TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY:

Cross-Defendant STELLA CHEN demurs generally to the entire Cross-Complaint as
against her, and the demurs generally and specifically to the second, third, and fourth causes of
action of the Cross-Complaint on the following grounds:

Demurrer to Ajl Causes of Action

1. The Cross-Complaint fails to state facts sufficient to constitute a cause of action.

2. There is another action pending with the same parties in interest (Cross-
Complainants KAMAN LIU and THAI MING CHIU are alleged co-assignees of the same
underlying judgment) and the same causes of action in San Francisco Superior Court Case No.
CGC-16-553702 and therefore the Cross-Complaint is not proper.

3. The statute of limitations has run on August 9, 2014 at the latest and the claims
are time-barred and therefore Cross-Complaint fails to state facts sufficient to constitute a cause
of action.

4. The Cross-Complaint is not plead with the required specificity and therefore
Cross-Complaint fails to state facts sufficient to constitute a cause of action.

5. There is a misjoinder of parties.

Demurrer to Second Cause of Action for Fraudulent Conveyance

1. The second cause of action fails to state facts sufficient to constitute a cause of
action.

2. There is another action pending with the same parties in interest (Cross-
Complainants KAMAN LIU and THAI MING CHIU are alleged co-assignees of the same
underlying judgment) and the same cause of action in San Francisco Superior Court Case No.
CGC-16-553702 and therefore the claim is not proper.

3. The statute of limitations has run on August 9, 2014 and the claim is time-barred
and therefore the claim fails to state facts sufficient to constitute a cause of action.

4, The underlying fraudulent transfer claim is not plead with the required
specificity and therefore the claim fails to state facts sufficient to constitute a cause of action.

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NOTICE OF DEMURRER AND DEMURRER TO CHIU’S CROSS-COMPLAINT
CASE NO. GC- 17-556769{ San Francisco CA 94105

i, Choy, Spalding & Salvagione, LLP
‘Tel (415) 778-0800 | Fax (41.5) 778-0700

www.hedanichoy.com

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5. There is a misjoinder of parties.

Demurrer to Third Cause of Action for Conspiracy on Fraudulent Conveyance

1. The second cause of action fails to state facts sufficient to constitute a cause of
action.

2. There is another action pending with the same parties in interest (Cross-
Complainants KAMAN LIU and THAI MING CHIU are alleged co-assignees of the same
underlying judgment) and the same cause of action in San Francisco Superior Court Case No.
CGC-16-553702 and therefore the claim is not proper.

3. The statute of limitations has ran on August 9, 2014 and the claim is time-barred
and therefore the claim fails to state facts sufficient to constitute a cause of action.

4, The underlying fraudulent transfer claim is not plead with the required
specificity and therefore the claim fails to state facts sufficient to constitute a cause of action.

5. There is a misjoinder of parties.

Demurrer to Fourth Cause of Action for Aiding and Abetting Fraud

1, The second cause of action fails to state facts sufficient to constitute a cause of
action.

2. There is another action pending with the same parties in interest (Cross-
Complainants KAMAN LIU and THAI MING CHIU are alleged co-assignees of the same
underlying judgment) and the same cause of action in San Francisco Superior Court Case No.
CGC-16-553702 and therefore the claim is not proper.

3, The statute of limitations has run on August 9, 2014 and the claim is time-barred.
and therefore the claim fails to state facts sufficient to constitute a cause of action.

4, The underlying fraudulent transfer claim is not plead with the required
specificity and therefore the claim fails to state facts sufficient to constitute a cause of action.

3. There is a misjoinder of parties.

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NOTICE OF DEMURRER AND DEMURRER TO CHIU’S CROSS-COMPLAINT
CASE NO. GC-17-5567691 ||DATED: September 25, 2018 HEDANI, CHOY, SPALDING & SALVAGIONE
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4 CH JEW. YU
Attorney for Cross-Defet
5 STELLA CHEN
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NOTICE OF DEMURRER AND DEMURRER TO CHIU’S CROSS-COMPLAINT
CASE NO. GC-17-556769