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LAW orrices of R. Michael Lieberman
1398 Post Street, San Francisco, California 94109
TEL: 415-929-3197 © FAX: 415-929-3476
R. MICHAEL LIEBERMAN (SBN 120831)
LAW OFFICES OF R. MICHAEL LIEBERMAN
1398 POST STREET
SAN FRANCISCO, CALIFORNIA 94109
TELEPHONE: (415) 929-3197
FAX: (415) 929-3476
Attorneys for Defendants
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
07/07/2017
Clerk of the Court
BY: MADONNA CARANTO.
Deputy Clerk
CARROLL HENRY and CHARLES MCMACKIN
SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION
TIMOTHY A.
individual
BONNICI, an
Plaintiff,
VS.
CHARLES MCMACKIN, an
individual, CARROLL HENRY, an
individual, and DOES I TO 200,
inclusive,
Defendants.
NO. CGC 17-557688
Reservation No. 07060912-04
DECLARATION OF R. MICHAEL
LIEBERMAN IN SUPPORT OF
DEFENDANT CHARLES
MCMACKIN DEMURRER TO
PLAINTIFI?S COMPLAINT
DATE: SEPTEMBER 12, 2017
TIME: 9:30 A.M.
DEPARTMENT NO.: 302
TRIAL DATE: NONE SET
ATTACHED DOCUMENTS: NO
HON. HAROLD E. KAHN
1/ DECLARATION OF R. MICHAEL LIEBERMAN IN SUPPORT OF DEFENDANT
CHARLES MCMACKIN DEMURRER TO PLAINTIFF’S COMPLAINTLAW OFFICES of R. Michael Lieberman
1398 Post Street, San Francisco, California 94109
‘TEL: 445-929-3197 » BAX: 415-929-3476
25
26
I, R. MICHAEL LIEBERMAN, do hereby declare:
1. Iam an attorney at law licensed to practice law in the States of
California and Nevada. I have personal knowledge of the facts stated herein
and, if called as a witness, could and would testify competently to those facts
based upon that knowledge.
2. I make this Declaration regarding defendant CHARLES
MCMACKIN’s Demurrer to plaintiff's Complaint in this Case.
3. On June 30, 2017, I faxed plaintiffs counsel the attached
meet-and-confer letter about plaintiff's Complaint.
4 I did not recetve any response whatsoever from plaintiff's
counsel to my letter of June 30, 2017.
I declare under penalty of perjury r the laws of the State of
California that the foregoing is true and corfect.
DATE: July 7, 2017
R. MICHAEL LIEBERMAN
2/ DECLARATION OF R. MICHAEL LIEBERMAN IN SUPPORT OF DEFENDANT
CHARLES MCMACKIN DEMURRER TO PLAINTIFF'S COMPLAINTATTACHMENTLAW OFFICES
of
R. Michael Lieberman
1398 Post Street, San Francisco, California 94109
June 30, 2017 TEL! 425-929-3197 © FAX: 415-929-3476
VIA FAX: 415-648-3130
Gino J. Molinari
Law Offices of Gino J. Molinari
3366 Twenty Second St.
San Francisco, CA 94110
Re: Bonnici v. McMackin et al.
Dear Mr. Molinari:
I represent Charles McMackin in connection with the above-
captioned lawsuit.
I write to meet and confer about your client’s Complaint for
Damages for Defamation, Interference with Economic Relations, Elder
Abuse and Conspiracy.
Your client’s Complaint is based on the allegations in 46 that “For
the past 3 to 4 years, and continuing to date, the defendants, and each
ofthem, have been spreading rumors and innuendo, and outright lies
about theplaintiff referring to plaintiff's conduct as a buyer and seller of
jewelry and other items of value, with the intent of leading other sellers to
believe falsely that plaintiff, and plaintiffs associates, conduct their
business in deceptive, illegal [sic] false and fraudulent manner.”
The Code of Civil Procedure Section 430.10 provides that "The party
against whom a complaint ... has been filed may object, by demurrer...
to the pleading on any one or more of the following grounds: ... (f) The
pleading is uncertain. As used in this subdivision, ‘uncertain’ includes
ambiguous and unintelligible. (Emphasis added.)"
I respectfully submit that your client’s Complaint is uncertain and
subject to special demurrer because it fails to allege the operative facts
withJune 30, 2017
VIA FAX: 415-648-3130
Gino J. Molinari
Page Two
any specificity whatsoever. Your client’s Complaint does not allege the
dates of the alleged defamations, the contents of the alleged defamations,
the people to whom the alleged defamations were made, the identity of
plaintiff's “associates”, the “illegal [sic] false and fraudulent manner” in
which plaintiff conducted his business.
Indeed, it is black-letter Jaw that allegations of fraud and defamation
must be pled with particular specificity.
Please amend your client’s Complaint to include properly plead
your client's alleged claims.
If you do not or do not dismiss your Client’s Complaint by July 5,
2017, I shall conclude that you will not and will file a Demurrer and seek
sanctions for forcing plaintiff to file an unneces; motion.
Best Regards,
cc Clients‘MEMORY TRANSKISSION REPORT
TIME 06-30-2017 13:02
FAX NO.T
NAME 7
FILE NO. 2174
DATE : 06.30 13:01
TO 18 14156483130
DOCUMENT PAGES : 3
START TIME : 06.30 13:01
END TIME : 06.30 13:02
PAGES SENT : 3
STATUS : 0K
***SUCCESSFUL TX NOTICE***
Law Offices of R. Michael Lieberman
1398 Post Street
San Francisco, California 94109
Tel: 415-929-3197
Bax: 415-929-3476
Date: June 30, 2017
Te: Gino J. Molinari
Pax No. 415-648-3130
From: R. Michael Lieberman
Re: Henry v. Bonnici et al.
Pages: 3 (meluding this page)
Comments:
If ghia fox 1a teerrupted or MMegible, please contact me ag soon ss possible by calling (415) 929-
27.
fhe mrormat contained tn this fax is confidentiel, may be privieged, and is intended only for
ewe Gf the Indiviciaal Gr Guilty wo whors It ie addressed. IF dre Of this massage is mot the
foncicd recipiont, or the cmployes Oo: agent reopgnaibie to deliver ie go the intended recipient,
Sra harebs nowced that any alsseminadon, distribution, of copyins of this fax ts stricey
Bronipicea. If you have received this error, oediataly ‘utform ma as soon oS
Bossibie by calling the telephone number above a3
Will reimburse you for your postage and apologize to you for your incenvenience.FAX
Date:
To:
Fax No.:
From:
Re:
Pages:
Comments:
If this fax is interrupted or illegible, please contact me as soon as possible by calling (415) 929-
3197.
The information contained in this fax is confidential, may be privileged, and is intended only for
the use of the individual or entity to whom it is addressed. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it to the intended recipient,
you are hereby noticed that any dissemination, distribution, or copying of this fax is strictly
prohibited. If you have received this fax in error, please immediately inform me as soon as
possible by calling the telephone number above and return the fax to me at the above address. I
Law Offices of R. Michael Lieberman
1398 Post Street
San Francisco, California 94109
Tel: 415-929-3197
Fax: 415-929-3476
June 30, 2017
Gino J. Molinari
415-648-3130
R. Michael Lieberman
Henry v. Bonnici et al.
3 (including this page)
will reimburse you for your postage and apologize to you for your inconvenience.‘TEL: 415-929-3197 © FAX: 415-929-3476
LAW OFFICES of R, Michael Lieberman
1398 Post Street, San. Francisco, California 94109
25
26
DATED: July 7, 2017
I, MONICA TAURIELLO, declare:
Iam over the age of eighteen years, not a party to this action and
am employed in the City and County of San Francisco at 1398 Post Street,
San Francisco, California 94109.
On July 7, 2017, I served the within document(s) entitled:
DECLARATION OF R. MICHAEL LIEBERMAN IN SUPPORT OF
DEFENDANT CHARLES MCMACKIN DEMURRER TO PLAINTIFF'S
COMPLAINT
by placing in the United States Mail a true and correct copy thereof in a
sealed envelope, with postage thereon fully prepaid, addressed to:
GINO J. MOLINARI
LAW OFFICES OF GINO J. MOLINARI
3366 228° STREET
SAN FRANCISCO, CA 94110
3/ DECLARATION OF R. MICHAEL LIEBERMAN IN SUPPORT OF DEFENDANT
CHARLES MCMACKIN DEMURRER TO PLAINTIFF’S COMPLAINT
Preview
LAW orrices of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 TEL: 415-929-3197 © FAX: 415-929-3476 R. MICHAEL LIEBERMAN (SBN 120831) LAW OFFICES OF R. MICHAEL LIEBERMAN 1398 POST STREET SAN FRANCISCO, CALIFORNIA 94109 TELEPHONE: (415) 929-3197 FAX: (415) 929-3476 Attorneys for Defendants ELECTRONICALLY FILED Superior Court of California, County of San Francisco 07/07/2017 Clerk of the Court BY: MADONNA CARANTO. Deputy Clerk CARROLL HENRY and CHARLES MCMACKIN SUPERIOR COURT - STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION TIMOTHY A. individual BONNICI, an Plaintiff, VS. CHARLES MCMACKIN, an individual, CARROLL HENRY, an individual, and DOES I TO 200, inclusive, Defendants. NO. CGC 17-557688 Reservation No. 07060912-04 DECLARATION OF R. MICHAEL LIEBERMAN IN SUPPORT OF DEFENDANT CHARLES MCMACKIN DEMURRER TO PLAINTIFI?S COMPLAINT DATE: SEPTEMBER 12, 2017 TIME: 9:30 A.M. DEPARTMENT NO.: 302 TRIAL DATE: NONE SET ATTACHED DOCUMENTS: NO HON. HAROLD E. KAHN 1/ DECLARATION OF R. MICHAEL LIEBERMAN IN SUPPORT OF DEFENDANT CHARLES MCMACKIN DEMURRER TO PLAINTIFF’S COMPLAINTLAW OFFICES of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 ‘TEL: 445-929-3197 » BAX: 415-929-3476 25 26 I, R. MICHAEL LIEBERMAN, do hereby declare: 1. Iam an attorney at law licensed to practice law in the States of California and Nevada. I have personal knowledge of the facts stated herein and, if called as a witness, could and would testify competently to those facts based upon that knowledge. 2. I make this Declaration regarding defendant CHARLES MCMACKIN’s Demurrer to plaintiff's Complaint in this Case. 3. On June 30, 2017, I faxed plaintiffs counsel the attached meet-and-confer letter about plaintiff's Complaint. 4 I did not recetve any response whatsoever from plaintiff's counsel to my letter of June 30, 2017. I declare under penalty of perjury r the laws of the State of California that the foregoing is true and corfect. DATE: July 7, 2017 R. MICHAEL LIEBERMAN 2/ DECLARATION OF R. MICHAEL LIEBERMAN IN SUPPORT OF DEFENDANT CHARLES MCMACKIN DEMURRER TO PLAINTIFF'S COMPLAINTATTACHMENTLAW OFFICES of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 June 30, 2017 TEL! 425-929-3197 © FAX: 415-929-3476 VIA FAX: 415-648-3130 Gino J. Molinari Law Offices of Gino J. Molinari 3366 Twenty Second St. San Francisco, CA 94110 Re: Bonnici v. McMackin et al. Dear Mr. Molinari: I represent Charles McMackin in connection with the above- captioned lawsuit. I write to meet and confer about your client’s Complaint for Damages for Defamation, Interference with Economic Relations, Elder Abuse and Conspiracy. Your client’s Complaint is based on the allegations in 46 that “For the past 3 to 4 years, and continuing to date, the defendants, and each ofthem, have been spreading rumors and innuendo, and outright lies about theplaintiff referring to plaintiff's conduct as a buyer and seller of jewelry and other items of value, with the intent of leading other sellers to believe falsely that plaintiff, and plaintiffs associates, conduct their business in deceptive, illegal [sic] false and fraudulent manner.” The Code of Civil Procedure Section 430.10 provides that "The party against whom a complaint ... has been filed may object, by demurrer... to the pleading on any one or more of the following grounds: ... (f) The pleading is uncertain. As used in this subdivision, ‘uncertain’ includes ambiguous and unintelligible. (Emphasis added.)" I respectfully submit that your client’s Complaint is uncertain and subject to special demurrer because it fails to allege the operative facts withJune 30, 2017 VIA FAX: 415-648-3130 Gino J. Molinari Page Two any specificity whatsoever. Your client’s Complaint does not allege the dates of the alleged defamations, the contents of the alleged defamations, the people to whom the alleged defamations were made, the identity of plaintiff's “associates”, the “illegal [sic] false and fraudulent manner” in which plaintiff conducted his business. Indeed, it is black-letter Jaw that allegations of fraud and defamation must be pled with particular specificity. Please amend your client’s Complaint to include properly plead your client's alleged claims. If you do not or do not dismiss your Client’s Complaint by July 5, 2017, I shall conclude that you will not and will file a Demurrer and seek sanctions for forcing plaintiff to file an unneces; motion. Best Regards, cc Clients‘MEMORY TRANSKISSION REPORT TIME 06-30-2017 13:02 FAX NO.T NAME 7 FILE NO. 2174 DATE : 06.30 13:01 TO 18 14156483130 DOCUMENT PAGES : 3 START TIME : 06.30 13:01 END TIME : 06.30 13:02 PAGES SENT : 3 STATUS : 0K ***SUCCESSFUL TX NOTICE*** Law Offices of R. Michael Lieberman 1398 Post Street San Francisco, California 94109 Tel: 415-929-3197 Bax: 415-929-3476 Date: June 30, 2017 Te: Gino J. Molinari Pax No. 415-648-3130 From: R. Michael Lieberman Re: Henry v. Bonnici et al. Pages: 3 (meluding this page) Comments: If ghia fox 1a teerrupted or MMegible, please contact me ag soon ss possible by calling (415) 929- 27. fhe mrormat contained tn this fax is confidentiel, may be privieged, and is intended only for ewe Gf the Indiviciaal Gr Guilty wo whors It ie addressed. IF dre Of this massage is mot the foncicd recipiont, or the cmployes Oo: agent reopgnaibie to deliver ie go the intended recipient, Sra harebs nowced that any alsseminadon, distribution, of copyins of this fax ts stricey Bronipicea. If you have received this error, oediataly ‘utform ma as soon oS Bossibie by calling the telephone number above a3 Will reimburse you for your postage and apologize to you for your incenvenience.FAX Date: To: Fax No.: From: Re: Pages: Comments: If this fax is interrupted or illegible, please contact me as soon as possible by calling (415) 929- 3197. The information contained in this fax is confidential, may be privileged, and is intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby noticed that any dissemination, distribution, or copying of this fax is strictly prohibited. If you have received this fax in error, please immediately inform me as soon as possible by calling the telephone number above and return the fax to me at the above address. I Law Offices of R. Michael Lieberman 1398 Post Street San Francisco, California 94109 Tel: 415-929-3197 Fax: 415-929-3476 June 30, 2017 Gino J. Molinari 415-648-3130 R. Michael Lieberman Henry v. Bonnici et al. 3 (including this page) will reimburse you for your postage and apologize to you for your inconvenience.‘TEL: 415-929-3197 © FAX: 415-929-3476 LAW OFFICES of R, Michael Lieberman 1398 Post Street, San. Francisco, California 94109 25 26 DATED: July 7, 2017 I, MONICA TAURIELLO, declare: Iam over the age of eighteen years, not a party to this action and am employed in the City and County of San Francisco at 1398 Post Street, San Francisco, California 94109. On July 7, 2017, I served the within document(s) entitled: DECLARATION OF R. MICHAEL LIEBERMAN IN SUPPORT OF DEFENDANT CHARLES MCMACKIN DEMURRER TO PLAINTIFF'S COMPLAINT by placing in the United States Mail a true and correct copy thereof in a sealed envelope, with postage thereon fully prepaid, addressed to: GINO J. MOLINARI LAW OFFICES OF GINO J. MOLINARI 3366 228° STREET SAN FRANCISCO, CA 94110 3/ DECLARATION OF R. MICHAEL LIEBERMAN IN SUPPORT OF DEFENDANT CHARLES MCMACKIN DEMURRER TO PLAINTIFF’S COMPLAINT