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David M. Shaby II, Esq. (97871)
dshaby@shabyandassociates.com SUPERIOR COURT OF CALIFORNIA
R. Christopher Harshman, Esq. (248214) COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
charshman@shabyandassociates.com
Davin M. SHasy II & AssociaTEs, APC SEP 1.4 2021
11949 Jefferson Boulevard, Suite 104
Culver City, California 90230 7
a Telephone: 310 827-7171 BY
Facsimile: 310 822-8529 CHRIS GOLDSTEIN, DEPUTY
7
Attorneys for Defendant and Cross-Complainant Sandy Acosta
and Defendants Marvin J. Guzman and Ulises A. Zepeda
SUPERIOR CoURT OF CALIFORNIA
County oF SAN BERNARDINO
10 Jetcruzer International, LLC, Case no. CIVDS1930132
l Plaintiff, Assigned to the Hon. Tom Garza, Dept. 527
NOTICE OF DEMURRER!' AND DEMURRER TO
12 VS.
FIRST AMENDED COMPLAINT; MEMORANDUM
13 Sandy Acosta, et al, OF POINTS AND AUTHORITIES
Motion to Strike; Declaration of R. Christopher
14 Defendants.
Harshman filed concurrently herewith.
15 And Related Cross-Complaint Previously filed as Form Set 6071659
Date: November 17, 2021
16
Time: 9:00 a.m.
17 Department: $27
Complaint filed: October 8, 2019
18
Trial date: February 7, 2022
19
20 To All Parties and their Attorneys of Record:
21 Please take notice that on November 17, 2021 at 9:00 a.m., defendants MarvinJ. Guzman and
22 Ulises A. Zepeda, and defendant and cross-complainant Sandy Acosta (“Defendants”) shall appear
23 before Department S27 of the above-referenced Court, located at 247 West Third Street, San
24 Bernardino, CA 92415, to demur to the First, Second, Third, Fourth, Fifth, and Sixth Causes of Action
25 set forth in the First Amended Complaint filed by plaintiff JetCruzer International, LLC (“Plaintiff” or
26 “JetCruzer”) in this action, as follows:
27 1 A version of this document was e-filed on September 8, 2021 with TurboCourt, Form Set 6071659,
Transaction No. 21W0039096923413J, and the next morning an Amended Notice was fax-filed with the
28 hearing date. TurboCourt sent notice at 1:10 p.m. on September 13, 2021 that the form set was rejected.
1
DEMURRER TO FIRST AMENDED COMPLAINT
DEMURRER
1 First Cause of Action (‘Intentional Interference With Economic Advantage”).
(a) This alleged cause of action does not state a cause of action because it fails to
allege facts establishing this cause of action against these Defendants specifically as to knowledge and
actions, or at all as to, e.g., the third party(ies) involved, an essential element of this cause of action.
(b) This alleged cause of action is uncertain.
2. Second Cause of Action (“Negligent Interference With Economic Relations”).
(a) This alleged cause of action does not state a cause of action because it fails to
allege facts establishing this cause of action against these Defendants specifically as to knowledge and
10 actions, or at all as to, e.g., the third party(ies) involved, an essential element of this cause of action.
ll (b) This alleged cause of action is uncertain.
12 3 Third Cause of Action (“Unfair Business Practices - B&P § 17200“).
13 (a) This alleged cause of action does not state a cause of action because it fails to
14 allege facts establishing this cause of action against these Defendants specifically, or at all.
15 (b) This alleged cause of action is uncertain.
16 4 Fourth Cause of Action (“Conversion”).
7 (a) Plaintiff has failed to state sufficient facts to support this cause of action,
18 including, e.g., facts sufficient to establish plaintiff JetCruzer International, LLC’s standing to bring this
19 cause of action at all, or, e.g., or any right of plaintiff JetCruzer International, LLC to possession.
20 (b) This alleged cause of action is uncertain.
21 5 Fifth Cause of Action (“Conspiracy”).
22 (a) This alleged cause of action is not viable as a matter of law, in that conspiracy is a
23 theory of liability, not a separate tort or cause of action.
24 (b) Plaintiff has failed to state sufficient facts to support this cause of action.
25 (©) This alleged cause of action is uncertain.
26 Sixth Cause of Action (‘Fraud and Deceit - Intentional Misrepresentation of Fact”).
27 (a) Plaintiff has failed to state sufficient facts to support this cause of action.
28 (b) This alleged cause of action is uncertain.
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DEMURRER TO FIRST AMENDED COMPLAINT
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David M. Shaby II, Esq. (97871) dshaby@shabyandassociates.com SUPERIOR COURT OF CALIFORNIA R. Christopher Harshman, Esq. (248214) COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT charshman@shabyandassociates.com Davin M. SHasy II & AssociaTEs, APC SEP 1.4 2021 11949 Jefferson Boulevard, Suite 104 Culver City, California 90230 7 a Telephone: 310 827-7171 BY Facsimile: 310 822-8529 CHRIS GOLDSTEIN, DEPUTY 7 Attorneys for Defendant and Cross-Complainant Sandy Acosta and Defendants Marvin J. Guzman and Ulises A. Zepeda SUPERIOR CoURT OF CALIFORNIA County oF SAN BERNARDINO 10 Jetcruzer International, LLC, Case no. CIVDS1930132 l Plaintiff, Assigned to the Hon. Tom Garza, Dept. 527 NOTICE OF DEMURRER!' AND DEMURRER TO 12 VS. FIRST AMENDED COMPLAINT; MEMORANDUM 13 Sandy Acosta, et al, OF POINTS AND AUTHORITIES Motion to Strike; Declaration of R. Christopher 14 Defendants. Harshman filed concurrently herewith. 15 And Related Cross-Complaint Previously filed as Form Set 6071659 Date: November 17, 2021 16 Time: 9:00 a.m. 17 Department: $27 Complaint filed: October 8, 2019 18 Trial date: February 7, 2022 19 20 To All Parties and their Attorneys of Record: 21 Please take notice that on November 17, 2021 at 9:00 a.m., defendants MarvinJ. Guzman and 22 Ulises A. Zepeda, and defendant and cross-complainant Sandy Acosta (“Defendants”) shall appear 23 before Department S27 of the above-referenced Court, located at 247 West Third Street, San 24 Bernardino, CA 92415, to demur to the First, Second, Third, Fourth, Fifth, and Sixth Causes of Action 25 set forth in the First Amended Complaint filed by plaintiff JetCruzer International, LLC (“Plaintiff” or 26 “JetCruzer”) in this action, as follows: 27 1 A version of this document was e-filed on September 8, 2021 with TurboCourt, Form Set 6071659, Transaction No. 21W0039096923413J, and the next morning an Amended Notice was fax-filed with the 28 hearing date. TurboCourt sent notice at 1:10 p.m. on September 13, 2021 that the form set was rejected. 1 DEMURRER TO FIRST AMENDED COMPLAINT DEMURRER 1 First Cause of Action (‘Intentional Interference With Economic Advantage”). (a) This alleged cause of action does not state a cause of action because it fails to allege facts establishing this cause of action against these Defendants specifically as to knowledge and actions, or at all as to, e.g., the third party(ies) involved, an essential element of this cause of action. (b) This alleged cause of action is uncertain. 2. Second Cause of Action (“Negligent Interference With Economic Relations”). (a) This alleged cause of action does not state a cause of action because it fails to allege facts establishing this cause of action against these Defendants specifically as to knowledge and 10 actions, or at all as to, e.g., the third party(ies) involved, an essential element of this cause of action. ll (b) This alleged cause of action is uncertain. 12 3 Third Cause of Action (“Unfair Business Practices - B&P § 17200“). 13 (a) This alleged cause of action does not state a cause of action because it fails to 14 allege facts establishing this cause of action against these Defendants specifically, or at all. 15 (b) This alleged cause of action is uncertain. 16 4 Fourth Cause of Action (“Conversion”). 7 (a) Plaintiff has failed to state sufficient facts to support this cause of action, 18 including, e.g., facts sufficient to establish plaintiff JetCruzer International, LLC’s standing to bring this 19 cause of action at all, or, e.g., or any right of plaintiff JetCruzer International, LLC to possession. 20 (b) This alleged cause of action is uncertain. 21 5 Fifth Cause of Action (“Conspiracy”). 22 (a) This alleged cause of action is not viable as a matter of law, in that conspiracy is a 23 theory of liability, not a separate tort or cause of action. 24 (b) Plaintiff has failed to state sufficient facts to support this cause of action. 25 (©) This alleged cause of action is uncertain. 26 Sixth Cause of Action (‘Fraud and Deceit - Intentional Misrepresentation of Fact”). 27 (a) Plaintiff has failed to state sufficient facts to support this cause of action. 28 (b) This alleged cause of action is uncertain. 2 DEMURRER TO FIRST AMENDED COMPLAINT