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Caw Offices O f
Roger E . Nagkask
ENDORSED
1 Bar Numter: 181740
One Newport Place
2 19900 MacArtkur Boulevard, Suite 1150
Irvine, California 92612-8433
3 TelepWe: (949) 966-1000 W / l PROCESS #2
Facsimile: (949) 852-9511
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5 Attorneys for: Plaintiff, Ashley M. Naghash
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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR COUNTY OF SACRAMENTO
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10
ASHLEY M. NAGHASH, CASE NO.: 34-2011-00113923
o 11
in Plaintiff, NOTICE OF OPPOSITION AND
o 12 OPPOSITION TO DEFENDANTS, BOARD
o
o
rH 13 vs. OF TRUSTEES OF CALIFORNIA STATE
lO UNIVERSITY, ALEXANDER GONZALEZ
0) « o 14 BOARD OF TRUSTEES OF THE AND MICHAEL SPEROS' DEMURRERS
CALIFORNIA STATE UNIVERSITY, THE TO SECOND AMENDED COMPLAINT
§ 15 STATE OF CALIFORNIA, THE
CALIFORNL^ STATE UNIVERSITY, THE
73 16
CALIFORNIA STATE UNIVERSITY,
17 SACRAMENTO, ALEXANDER
GONZALEZ, MICHAEL SPEROS, TERRY
18 JOSEPH RICHARDS Also Known As TERRY Date: June 18,2013
Time; 9:00 a.m.
19 RICHARDS, Also Known As TERRY J. Dept.: 54
RICHARDS, APRIL PHILIPS, WIN CHEN,
20 ADAM MENARD, ARIEL CAMPBELL, and
DOES 1 Through 100, Inclusive,
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Complaint Filed on November 14,2011
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Defendants.
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TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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AMN - OpposmoN TO CSUS' DEMURRERS - SECOND AMENDED COMPLAINT - NOTICE -1
1
2 OPPOSITIONS TO BOARD OF TRUSTEES OF CALIFORNIA STATE UMVERSITY,
3 ALEXANDER GONZALEZ, AND MICHAEL SPEROS' DEMURRER
4
5 Obiections
6 Moving papers fail to set forth the specific demurrer to each cause of action to which a
7 defendant is attempting to challenge. Except for the wholesale, nonsensical, incoherent, and
8 confusing statements, there is NO specific reference to any specific cause of action based on
9 specific grounds and legal basis for which these defendants are challenging each cause of action.
10 Furthermore, Defendants impermissibly have introduced extraneous Facts, misstate the Facts
o 11 (introduction and Statement of Facts), declarations of Alberto L. Gonzalez, and Exhibit 1 (filed
-a rH
3 4) CO 12 concurrently with demurrer) as well as arguments set forth in the defective demurrer that misstate
13 and mischaracterize the allegations that are set forth in the operative second amended complaint to
14 impermissibly bolster their baseless challenge to the complaint. Without waiving these objections
^ CO I
15 Plaintiff opposes the defective demurrer on the following grounds.
16
s o -a 17 Plaintiff, ASHLEY M. NAGHASH (hereinafter "Plaintiff) opposes Defendants, BOARD
18 OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY, ALEXANDER GONZALEZ, AND
19 MICHAEL SPEROS' (hereinafter collectively referred to as "Defendants" or "Board of Trustees"
20 or "CSUS"), Demurrers to the Second Amended Complaint on following grounds:
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22 1. Plaintiff opposes demurrer and she has stated viable claim for beach of written contract,
23 as set forth below:
24 2. Plaintiff opposes demurrer. Although, it is NOT the basis of the allegations of the
25 operative complaint, and defendants have falsely mischaracterized the allegations of the
26 operative complaint, she has allegedly legal duty owed by CSUS, for premises liability
27 and failure of CSUS, to act reasonably, as set forth below:
28 3. The Second Amended Complaint, specifically sets forth the statutory basis for liability
AMN - OpposmoN TO CSUS' DEMURRERS - SECOND AMENDED COMPLAINT -NOTICE -2
1 of CSUS, as set fortii below:
2 4. Defendants, CSUS are NOT immune for premises liability, as set forth below:
3 5. Plaintiff, CSUS is NOT alleging that Defendants, CSUS is liability because diey failed
4 to provide police protection services. Plaintiff is alleging Defendants, CSUS are liability
5 because they knew and actively concealed the existence of the premises defects that
6 caused Plaintiffs injuries, as set forth below:
7 6. Plaintiff, CSUS is NOT allegingtiiatDefendants, CSUS' failure to prevent underage
8 drinking caused Plaintiffs injuries. Plaintiff is alleging Defendants, CSUS are liable
9 because they knew and actively concealed the existence of the premises defects and
10 conditions, which caused Plaintiffs injtmes, as set forth below:
o
\n
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3 fl> ro 12 Request for Statement of Decision
H5 Cfl cp 5
13 Plaintiff, Naghash requests this honorable court to issue a statement of decision, if the court
{< 6 g c<
0 5 ffl ^ 14 is inclined to sustain Defendants' demurrers.
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Roger E. Naghash
16
J O »—<
0^
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Dated this 16"" day of May 2013
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Roger E. Naghash, Esq.
19 Attomey for Plaintiff
Ashley M. Naghash
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AMN - OpposmoN TO CSUS' DEMURRERS - SECOND AMENDED COMPLAINT - NOTICE -3
1 PROOF OF SERVICE
I, the imdersigned, certify and declare as,follows:
2 I am employed in the County of Orange and my business address and telephone number are
3 19900 MacArthur Boulevard. Suite 1150, Irvine, California 92612-8433. (949) 955-1000. I am
over the age of 18 years. I am readily familiar with the practices of Law Offices Of Roger E.
4 Naghash for collection and processing of correspondence for mailing with the United States Postal
Service. Such correspondence is deposited with the United States Postal Service the same day in
5 the ordinary course of business.
6 On May 20,2013,1 served the following documents, entitied:
7
• Notice of Opposition and Opposition to Board of Trustees of Califomia State
8 University, Alexander Gonzalez and Michael Speros' Demurrers to the Second
Amended Complaint; and
9 • Memorandum of Points and Authorities -Ashley M. Naghash V. Board of Trustees
10 of the California State University, et aL
11 on the interested parties in the action as follows:
12 [XX] By placing [XX] the original [ ] a tme copy thereof enclosed in a sealed envelope addressed
13 as follows:
14 Alberto L. Gonzalez
Office of Attorney General of
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State of California
16 1300 "I" Street, Suite 125
Sacramento, California 94244-2550
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[XX] By United States Postal Service, I placed such envelopes for collection and to be mailed
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on this date following ordinary business practices.
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[ ] By Personal Service, I caused to be delivered such envelope by hand to the office of the
20 addressee.
21 [ ] By Overnight Express - Next Day Delivery, I placed such envelopes for collection and to
22 be delivered by die U.S. Express mail carrier on this date following ordinary busmess
practices
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I declare tmder penalty of perjury of Federal Laws and laws of the State of California, that
24 the foregoing is true and correct and that this declaration was executed on May 20,2013, at Irvine,
25 Califomia.
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27
28 Roger E. Naghash, Esq.
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Caw Offices O f Roger E . Nagkask ENDORSED 1 Bar Numter: 181740 One Newport Place 2 19900 MacArtkur Boulevard, Suite 1150 Irvine, California 92612-8433 3 TelepWe: (949) 966-1000 W / l PROCESS #2 Facsimile: (949) 852-9511 4 5 Attorneys for: Plaintiff, Ashley M. Naghash 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR COUNTY OF SACRAMENTO 9 10 ASHLEY M. NAGHASH, CASE NO.: 34-2011-00113923 o 11 in Plaintiff, NOTICE OF OPPOSITION AND o 12 OPPOSITION TO DEFENDANTS, BOARD o o rH 13 vs. OF TRUSTEES OF CALIFORNIA STATE lO UNIVERSITY, ALEXANDER GONZALEZ 0) « o 14 BOARD OF TRUSTEES OF THE AND MICHAEL SPEROS' DEMURRERS CALIFORNIA STATE UNIVERSITY, THE TO SECOND AMENDED COMPLAINT § 15 STATE OF CALIFORNIA, THE CALIFORNL^ STATE UNIVERSITY, THE 73 16 CALIFORNIA STATE UNIVERSITY, 17 SACRAMENTO, ALEXANDER GONZALEZ, MICHAEL SPEROS, TERRY 18 JOSEPH RICHARDS Also Known As TERRY Date: June 18,2013 Time; 9:00 a.m. 19 RICHARDS, Also Known As TERRY J. Dept.: 54 RICHARDS, APRIL PHILIPS, WIN CHEN, 20 ADAM MENARD, ARIEL CAMPBELL, and DOES 1 Through 100, Inclusive, 21 22 Complaint Filed on November 14,2011 23 Defendants. 24 25 26 27 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 28 AMN - OpposmoN TO CSUS' DEMURRERS - SECOND AMENDED COMPLAINT - NOTICE -1 1 2 OPPOSITIONS TO BOARD OF TRUSTEES OF CALIFORNIA STATE UMVERSITY, 3 ALEXANDER GONZALEZ, AND MICHAEL SPEROS' DEMURRER 4 5 Obiections 6 Moving papers fail to set forth the specific demurrer to each cause of action to which a 7 defendant is attempting to challenge. Except for the wholesale, nonsensical, incoherent, and 8 confusing statements, there is NO specific reference to any specific cause of action based on 9 specific grounds and legal basis for which these defendants are challenging each cause of action. 10 Furthermore, Defendants impermissibly have introduced extraneous Facts, misstate the Facts o 11 (introduction and Statement of Facts), declarations of Alberto L. Gonzalez, and Exhibit 1 (filed -a rH 3 4) CO 12 concurrently with demurrer) as well as arguments set forth in the defective demurrer that misstate 13 and mischaracterize the allegations that are set forth in the operative second amended complaint to 14 impermissibly bolster their baseless challenge to the complaint. Without waiving these objections ^ CO I 15 Plaintiff opposes the defective demurrer on the following grounds. 16 s o -a 17 Plaintiff, ASHLEY M. NAGHASH (hereinafter "Plaintiff) opposes Defendants, BOARD 18 OF TRUSTEES OF CALIFORNIA STATE UNIVERSITY, ALEXANDER GONZALEZ, AND 19 MICHAEL SPEROS' (hereinafter collectively referred to as "Defendants" or "Board of Trustees" 20 or "CSUS"), Demurrers to the Second Amended Complaint on following grounds: 21 22 1. Plaintiff opposes demurrer and she has stated viable claim for beach of written contract, 23 as set forth below: 24 2. Plaintiff opposes demurrer. Although, it is NOT the basis of the allegations of the 25 operative complaint, and defendants have falsely mischaracterized the allegations of the 26 operative complaint, she has allegedly legal duty owed by CSUS, for premises liability 27 and failure of CSUS, to act reasonably, as set forth below: 28 3. The Second Amended Complaint, specifically sets forth the statutory basis for liability AMN - OpposmoN TO CSUS' DEMURRERS - SECOND AMENDED COMPLAINT -NOTICE -2 1 of CSUS, as set fortii below: 2 4. Defendants, CSUS are NOT immune for premises liability, as set forth below: 3 5. Plaintiff, CSUS is NOT alleging that Defendants, CSUS is liability because diey failed 4 to provide police protection services. Plaintiff is alleging Defendants, CSUS are liability 5 because they knew and actively concealed the existence of the premises defects that 6 caused Plaintiffs injuries, as set forth below: 7 6. Plaintiff, CSUS is NOT allegingtiiatDefendants, CSUS' failure to prevent underage 8 drinking caused Plaintiffs injuries. Plaintiff is alleging Defendants, CSUS are liable 9 because they knew and actively concealed the existence of the premises defects and 10 conditions, which caused Plaintiffs injtmes, as set forth below: o \n 11 3 fl> ro 12 Request for Statement of Decision H5 Cfl cp 5 13 Plaintiff, Naghash requests this honorable court to issue a statement of decision, if the court {< 6 g c< 0 5 ffl ^ 14 is inclined to sustain Defendants' demurrers. 15 Roger E. Naghash 16 J O »—< 0^ 17 Dated this 16"" day of May 2013 18 Roger E. Naghash, Esq. 19 Attomey for Plaintiff Ashley M. Naghash 20 21 22 23 24 25 26 27 28 AMN - OpposmoN TO CSUS' DEMURRERS - SECOND AMENDED COMPLAINT - NOTICE -3 1 PROOF OF SERVICE I, the imdersigned, certify and declare as,follows: 2 I am employed in the County of Orange and my business address and telephone number are 3 19900 MacArthur Boulevard. Suite 1150, Irvine, California 92612-8433. (949) 955-1000. I am over the age of 18 years. I am readily familiar with the practices of Law Offices Of Roger E. 4 Naghash for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in 5 the ordinary course of business. 6 On May 20,2013,1 served the following documents, entitied: 7 • Notice of Opposition and Opposition to Board of Trustees of Califomia State 8 University, Alexander Gonzalez and Michael Speros' Demurrers to the Second Amended Complaint; and 9 • Memorandum of Points and Authorities -Ashley M. Naghash V. Board of Trustees 10 of the California State University, et aL 11 on the interested parties in the action as follows: 12 [XX] By placing [XX] the original [ ] a tme copy thereof enclosed in a sealed envelope addressed 13 as follows: 14 Alberto L. Gonzalez Office of Attorney General of 15 State of California 16 1300 "I" Street, Suite 125 Sacramento, California 94244-2550 17 [XX] By United States Postal Service, I placed such envelopes for collection and to be mailed 18 on this date following ordinary business practices. 19 [ ] By Personal Service, I caused to be delivered such envelope by hand to the office of the 20 addressee. 21 [ ] By Overnight Express - Next Day Delivery, I placed such envelopes for collection and to 22 be delivered by die U.S. Express mail carrier on this date following ordinary busmess practices 23 I declare tmder penalty of perjury of Federal Laws and laws of the State of California, that 24 the foregoing is true and correct and that this declaration was executed on May 20,2013, at Irvine, 25 Califomia. 26 27 28 Roger E. Naghash, Esq.