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1 Thomas J. D'Amato - 219174
tdamato@damatolc.com
2 D'Amato Law Corporation
61D Avenida de Orinda
3 Orinda, CA 94563
Telephone: (925) 317-1700
4 Facsimile: (925) 317-3239
5 Attorneys for Cross-Defendant
GENA ZISCHKE
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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF SAN MATEO
9 JEFFREY F. RYAN, Case No.: 21-CIV-04391
10 Plaintiff, AMENDED NOTICE OF DEMURRER
11 BY CROSS-DEFENDANT GENA
vs. ZISCHKE
12
WILLIAM CARLOS LEET, and DOES 1 to
13 10, Date: August 8, 2023
Time: 2:00 pm
14 Judge Nancy L. Fineman
Defendants.
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____________________________________
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WILLIAM CARLOS LEET,
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Cross-Complainant,
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19 vs.
20 JEFFREY F. RYAN, FRED GEISLER,
NORMAN C. FLEMING, GENA
21 ZISCHKE, and ROES 1 to 10,
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Cross-Defendants
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AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE
1 TO EACH PARTY AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE THAT the Demurrer of Cross-Defendant GENA ZISCHKE
3 (“Zischke”) to Cross-Complainant’s First Amended Verified Complaint will be heard on August 8,
4 2023, at 2:00 p.m. in Department 4 of the Superior Court of San Mateo located at 800 North Humboldt
5 San Mateo, CA 94401. Zischke demurs on the grounds that the First Amended Cross-Complaint fails
6 to state facts that constitute a cause of action. (See Cal. Civ. Proc. §§ 430.10(e).)
7 Before bringing this demurrer, Zischke met and conferred with Cross-Complainant. See
8 Declaration of Thomas J. D’Amato In Support of Demurrer.
9 Pursuant to Local Rule 3.403, each Civil Judge will post tentative rulings for their Law & Motion
10 Calendars on the civil cases assigned to that Civil Judge. The tentative ruling on any law and motion
11 matter assigned to a Civil Judge may be obtained after 3:00 p.m. on the first court day immediately
12 preceding the hearing on the motion (i) by accessing the court’s website at
13 http://www.sanmateocourt.org or (ii) by telephoning that Civil Department at (650) 261-5100.
14 A party intending to appear in order to contest the tentative ruling on a law and motion matter
15 calendared for hearing must notify all counsel of record, self-represented parties, and the Civil
16 Department of the Civil Judge assigned to that civil case by 4:00 p.m. on the court day before the hearing
17 either by (A) emailing that Civil Department (Dept4@Sanmateocourt.org) with that email
18 contemporaneously copied to all parties or their counsel of record, or (B) by telephoning that Civil
19 Department at (650) 261-5104.
20 If notice is given by email, the contesting party must state in the subject line of the email the
21 case name and case number. In the text of the email, the contesting party must state the specific motion,
22 the party contesting, and the time estimate of counsel for oral argument by all parties. All emails must
23 be sent in at least 12-point type. The Civil Department’s email address is for the sending and receiving
24 of notices to contest tentative ruling and is not a venue for back-and-forth communications with the
25 Court. Communications to the Civil Department email address is not part of the official court files –
26 just like a paper letter, they are not “filed” documents – and will be retained for at least 90 days and
27 then be subject to deletion (destruction) thereafter.
28 If there is no contest to the tentative ruling, the Court will adopt the tentative as its order.
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AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE
1 Zischke’s Demurrer is based on this Notice and the attached Demurrer, the Memorandum of
2 Points and Authorities, Request for Judicial Notice, Declaration of Thomas J. D’Amato, and [Proposed]
3 Order all filed concurrently herewith, all additional, timely filings submitted in support of same, the
4 records and files in this case, all matters that this Court may or must judicially notice, and on such oral,
5 documentary, or other evidence and argument as may be presented at the hearing on this matter.
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9 DATED: June 14, 2023
D’AMATO LAW CORPORATION
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13 By _____________________________________
Thomas J. D’Amato
14 Attorneys for Cross-Defendant
GENA ZISCHKE
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AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE
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CERTIFICATE OF SERVICE
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I, Gina Taber, declare:
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I am a citizen of the United States, am over the age of eighteen years, and am not a party to or
4
interested in the within entitled cause. My business address is 25 Orinda Way Suite 308, Orinda, CA
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94563.
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On June 14, 2023, I served the following document(s) on the parties in the within action:
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AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE
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9 VIA E-MAIL: I attached the above-described document(s) to an e-mail message, and
invoked the send command at approximately 5:00 PM to transmit the e-mail message to
X
10 the person(s) at the e-mail address(es) listed below. My email address is
gtaber@damatolawcorp.com/
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12 William A. Lapcevic Attorney for Plaintiff and Cross-Defendant
Justin S. Draa JEFFREY F. RYAN
13 DIBENEDETTO LAPCEVIC & DRAA, LLP
1101 Pacific Avenue, Suite 320
14 Santa Cruz, CA 95060
wal@dld-law.com
15 jdraa@dld-law.com
16 William Carlos Leet Attorney for Defendant and Cross-Complainant
Peter Del Vecchio WILLIAM CARLOS LEET
17 Leet Law, as Association of Attorneys
210 North Fourth Street, Suite 201
18 San Jose, CA 95112
wcl@leetlaw.com
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20 I declare under penalty of perjury under the laws of the State of California that the foregoing is a
21 true and correct statement and that this Certificate was executed on June 14, 2023.
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23 By
Gina Taber
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AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE
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1 Thomas J. D'Amato - 219174 tdamato@damatolc.com 2 D'Amato Law Corporation 61D Avenida de Orinda 3 Orinda, CA 94563 Telephone: (925) 317-1700 4 Facsimile: (925) 317-3239 5 Attorneys for Cross-Defendant GENA ZISCHKE 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN MATEO 9 JEFFREY F. RYAN, Case No.: 21-CIV-04391 10 Plaintiff, AMENDED NOTICE OF DEMURRER 11 BY CROSS-DEFENDANT GENA vs. ZISCHKE 12 WILLIAM CARLOS LEET, and DOES 1 to 13 10, Date: August 8, 2023 Time: 2:00 pm 14 Judge Nancy L. Fineman Defendants. 15 ____________________________________ 16 WILLIAM CARLOS LEET, 17 Cross-Complainant, 18 19 vs. 20 JEFFREY F. RYAN, FRED GEISLER, NORMAN C. FLEMING, GENA 21 ZISCHKE, and ROES 1 to 10, 22 Cross-Defendants 23 24 25 26 27 28 -0- AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE 1 TO EACH PARTY AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE THAT the Demurrer of Cross-Defendant GENA ZISCHKE 3 (“Zischke”) to Cross-Complainant’s First Amended Verified Complaint will be heard on August 8, 4 2023, at 2:00 p.m. in Department 4 of the Superior Court of San Mateo located at 800 North Humboldt 5 San Mateo, CA 94401. Zischke demurs on the grounds that the First Amended Cross-Complaint fails 6 to state facts that constitute a cause of action. (See Cal. Civ. Proc. §§ 430.10(e).) 7 Before bringing this demurrer, Zischke met and conferred with Cross-Complainant. See 8 Declaration of Thomas J. D’Amato In Support of Demurrer. 9 Pursuant to Local Rule 3.403, each Civil Judge will post tentative rulings for their Law & Motion 10 Calendars on the civil cases assigned to that Civil Judge. The tentative ruling on any law and motion 11 matter assigned to a Civil Judge may be obtained after 3:00 p.m. on the first court day immediately 12 preceding the hearing on the motion (i) by accessing the court’s website at 13 http://www.sanmateocourt.org or (ii) by telephoning that Civil Department at (650) 261-5100. 14 A party intending to appear in order to contest the tentative ruling on a law and motion matter 15 calendared for hearing must notify all counsel of record, self-represented parties, and the Civil 16 Department of the Civil Judge assigned to that civil case by 4:00 p.m. on the court day before the hearing 17 either by (A) emailing that Civil Department (Dept4@Sanmateocourt.org) with that email 18 contemporaneously copied to all parties or their counsel of record, or (B) by telephoning that Civil 19 Department at (650) 261-5104. 20 If notice is given by email, the contesting party must state in the subject line of the email the 21 case name and case number. In the text of the email, the contesting party must state the specific motion, 22 the party contesting, and the time estimate of counsel for oral argument by all parties. All emails must 23 be sent in at least 12-point type. The Civil Department’s email address is for the sending and receiving 24 of notices to contest tentative ruling and is not a venue for back-and-forth communications with the 25 Court. Communications to the Civil Department email address is not part of the official court files – 26 just like a paper letter, they are not “filed” documents – and will be retained for at least 90 days and 27 then be subject to deletion (destruction) thereafter. 28 If there is no contest to the tentative ruling, the Court will adopt the tentative as its order. -1- AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE 1 Zischke’s Demurrer is based on this Notice and the attached Demurrer, the Memorandum of 2 Points and Authorities, Request for Judicial Notice, Declaration of Thomas J. D’Amato, and [Proposed] 3 Order all filed concurrently herewith, all additional, timely filings submitted in support of same, the 4 records and files in this case, all matters that this Court may or must judicially notice, and on such oral, 5 documentary, or other evidence and argument as may be presented at the hearing on this matter. 6 7 8 9 DATED: June 14, 2023 D’AMATO LAW CORPORATION 10 11 12 13 By _____________________________________ Thomas J. D’Amato 14 Attorneys for Cross-Defendant GENA ZISCHKE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE 1 CERTIFICATE OF SERVICE 2 I, Gina Taber, declare: 3 I am a citizen of the United States, am over the age of eighteen years, and am not a party to or 4 interested in the within entitled cause. My business address is 25 Orinda Way Suite 308, Orinda, CA 5 94563. 6 On June 14, 2023, I served the following document(s) on the parties in the within action: 7 AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE 8 9 VIA E-MAIL: I attached the above-described document(s) to an e-mail message, and invoked the send command at approximately 5:00 PM to transmit the e-mail message to X 10 the person(s) at the e-mail address(es) listed below. My email address is gtaber@damatolawcorp.com/ 11 12 William A. Lapcevic Attorney for Plaintiff and Cross-Defendant Justin S. Draa JEFFREY F. RYAN 13 DIBENEDETTO LAPCEVIC & DRAA, LLP 1101 Pacific Avenue, Suite 320 14 Santa Cruz, CA 95060 wal@dld-law.com 15 jdraa@dld-law.com 16 William Carlos Leet Attorney for Defendant and Cross-Complainant Peter Del Vecchio WILLIAM CARLOS LEET 17 Leet Law, as Association of Attorneys 210 North Fourth Street, Suite 201 18 San Jose, CA 95112 wcl@leetlaw.com 19 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is a 21 true and correct statement and that this Certificate was executed on June 14, 2023. 22 23 By Gina Taber 24 25 26 27 28 -3- AMENDED NOTICE OF DEMURRER BY CROSS-DEFENDANT GENA ZISCHKE