On August 07, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Andrew Ho,
Ho, Andrew,
V5 System, Inc.,
and
Bedwan, Mazin,
Mazin Bedwan,
Steven Yung,
V5 System, Inc.,
Yung, Steven,
for
Unlimited Civil (Other Breach of Contract/Warr...)
in the District Court of Alameda County.
Preview
‘it__ 23411018
cnt
Seth W. Wiener, California State Bar No. 203747
LAW OFFICES OF SETH W. WIENER
609 Karina Court
San Ramon, CA 94582 ALAMEDA COUNTY
Telephone: (925) 487-5607
Email: seth@sethwienerlaw.com MAR 0 9 2021
Attorney for Plaintiff and Cross-Defendant
ANDREW HO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA
UNLIMITED CIVIL CASE
10
i ANDREW HO, Case No.: RG20069958
12
Plaintiff, ASSIGNED FOR ALL PURPOSES TO JUDGE
Paul D. Herbert
13 DEPARTMENT 20
Vv.
ANDREW HO’S NOTICE OF DEMURRER
V5 SYSTEMS, INC.; STEVEN YUNG; MAZIN TO V5 SYSTEMS, INC.’S FIRST
15
BEDWAN; AND DOES 1 TO 10, AMENDED CROSS-COMPLAINT
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Defendants. Date: April 30, 2021
17 Time: 9:00 a.m.
AND RELATED CROSS-ACTION.
Reservation Number: R-2243109
18
19 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
20 PLEASE TAKE NOTICE that on April 30, 2021, at 9:00 a.m., or as soon thereafter as the
21 matter may be heard before the Honorable Paul D. Herbert, in Department 20 of the above-captioned
Court, Plaintiff and Cross-Defendant Andrew Ho will, and hereby does, demur to Defendant and
23 Cross-Complainant V5 Systems, Inc.’s First Amended Cross-Complaint (pursuant to Code of Civil
24 Procedure § 430.10, subdivision (e), on the ground that the First Amended Cross-Complaint’s First
25 Cause of Action for Fraud, Second Cause of Action for Breach of the Covenant of Good Faith and
Filed By Fax
26 Fair Dealing, Third Cause of Action for Breach of Contract, and Fourth Cause of Action for
27 Declaratory Relief do not state facts sufficient to constitute a cause of action.
28
Notice of Demurrer — Page 1
The Demurrer will be based upon this Notice, the Memorandum of Points and Authorities and
the Declaration of Seth W. Wiener, the record, pleadings, and papers on file herein, and such other
further argument as may be presented at the time of the hearing.
Dated: March 9, 2021 LAW OFFICES OF SETH W. WIENER
Seth W. Wiener
Attorney for Plaintiff and Cross-Defendant
ANDREW HO
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Notice of Demurrer — Page 2
Document Filed Date
September 23, 2020
Case Filing Date
August 07, 2020
Category
Unlimited Civil (Other Breach of Contract/Warr...)
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‘it__ 23411018 cnt Seth W. Wiener, California State Bar No. 203747 LAW OFFICES OF SETH W. WIENER 609 Karina Court San Ramon, CA 94582 ALAMEDA COUNTY Telephone: (925) 487-5607 Email: seth@sethwienerlaw.com MAR 0 9 2021 Attorney for Plaintiff and Cross-Defendant ANDREW HO SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA UNLIMITED CIVIL CASE 10 i ANDREW HO, Case No.: RG20069958 12 Plaintiff, ASSIGNED FOR ALL PURPOSES TO JUDGE Paul D. Herbert 13 DEPARTMENT 20 Vv. ANDREW HO’S NOTICE OF DEMURRER V5 SYSTEMS, INC.; STEVEN YUNG; MAZIN TO V5 SYSTEMS, INC.’S FIRST 15 BEDWAN; AND DOES 1 TO 10, AMENDED CROSS-COMPLAINT 16 Defendants. Date: April 30, 2021 17 Time: 9:00 a.m. AND RELATED CROSS-ACTION. Reservation Number: R-2243109 18 19 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE that on April 30, 2021, at 9:00 a.m., or as soon thereafter as the 21 matter may be heard before the Honorable Paul D. Herbert, in Department 20 of the above-captioned Court, Plaintiff and Cross-Defendant Andrew Ho will, and hereby does, demur to Defendant and 23 Cross-Complainant V5 Systems, Inc.’s First Amended Cross-Complaint (pursuant to Code of Civil 24 Procedure § 430.10, subdivision (e), on the ground that the First Amended Cross-Complaint’s First 25 Cause of Action for Fraud, Second Cause of Action for Breach of the Covenant of Good Faith and Filed By Fax 26 Fair Dealing, Third Cause of Action for Breach of Contract, and Fourth Cause of Action for 27 Declaratory Relief do not state facts sufficient to constitute a cause of action. 28 Notice of Demurrer — Page 1 The Demurrer will be based upon this Notice, the Memorandum of Points and Authorities and the Declaration of Seth W. Wiener, the record, pleadings, and papers on file herein, and such other further argument as may be presented at the time of the hearing. Dated: March 9, 2021 LAW OFFICES OF SETH W. WIENER Seth W. Wiener Attorney for Plaintiff and Cross-Defendant ANDREW HO 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of Demurrer — Page 2