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D
SUPERDRFCOIU'I'R'TEF CALIFORNIA
David M. Shaby II, Esq. (97871)
' COUNTY 0F SAN BERNARDmo
dshabyCaJshabyandassoc1ates.com sAN QERNARDINO DISTRICT
R. Chmstopher Harshman, Esq. (248214)
charshman@shabyandassociates.com M AY 2 6 2021
DAVID M. SHABY II & ASSOCIATES, APC
QUIA
11949Jefferson Boulevard, Suite 104
Culver City, California 90230
Telephone:
FaCSImile:
£310 827-7171
310 822—8529
BY
EusA% é %
H MART: EPUTY
Attorneysfiw Defendant and Cross-Complainant Sandy Acosta
and Defendants Marvin J. Guzman and Ulises A. Zepeda
\l
SUPERIOR COURT 0F CALIFORNIA
COUNTY 0F SAN BERNARDINO
Jetcruzer International, LLC, Case no. CIVDSl930132
plaintiff,
Assigned to the Hon. Tom Garza, Dept. 527
NOTICE 0F DEMURRER AND DEMURRER TO
VS.
COMPLAINT; MEMORANDUM 0F POINTS AND
Fax AUTHORITIES
Sandy Acosta, er al,
Motion to Strike; Declaration ofR. Christopher
By Defendants.
Harshman filed concurrently herewith.
And Related Cross—Complaint Date; July 7, 2021
Time: 9:00 a.m.
Department: $27
17 Complaint filed: October 2019
8,
Trial date: February 7, 2022
18
19 To All Parties and their Attorneys of Record:
20 Please take notice that on July 7, 2021 at 9:00 a.m. or as soon thereafter as this matter may be
21 heard, defendants Marvin J. Guzman and Ulises A. Zepeda (“Defendants”) shall appear before
22 Department $27 of the above-referenced Court, located at 247 West Third Street, San Bernardino, CA
23 92415, to demur to the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action
24 set forth in the Complaint filed by plaintifi‘JetCruzer International, LLC (“Plaintiff” or “JetCruzer”)
25 in this action, as follows:
26
27
28
1
DEMURRER
DEMURRER
1. First Cause ofAction (“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
G‘U’KA
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 ofAction (“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 ofthis cause ofaction.
11 (b) This alleged cause 0f action is uncertain.
12 3. Third Cause ofAction (“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 ofAction (“Conversion”).
17 (a) Plaintiffhas failed to state sufficient facts to support this cause of action,
18 including, e.g., facts sufficient to establish plaintiffJetCruzer International, LLC ’s standing to bring this
19 cause ofaction at all, or, e.g., or any right of plaintiEJetszer International, LLC to possession.
20 (b) This alleged cause of action is uncertain.
21 5. Fifth Cause ofAction (“Conspiracy”).
22 This alleged cause of action is not viable as a matter oflaw, in that conspiracy is a
(a)
23 theory of liability, not a separate tort or cause of action.
24 (b) Plaintifi‘has failed to state sufficient facts to support this cause of action.
25 (c) This alleged cause of action is uncertain.
26 6. Sixth Cause of Action (“Fraud and Deceit - Intentional Misrepresentation of Fact”).
27 (a) Plaintiffhas failed to state sufficient facts to support this cause of action
28 including, e.g., facts as to Mr. Guzman or Mr. Zepeda specifically, or adequately specific facts at all.
2
DEMURRER
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D SUPERDRFCOIU'I'R'TEF CALIFORNIA David M. Shaby II, Esq. (97871) ' COUNTY 0F SAN BERNARDmo dshabyCaJshabyandassoc1ates.com sAN QERNARDINO DISTRICT R. Chmstopher Harshman, Esq. (248214) charshman@shabyandassociates.com M AY 2 6 2021 DAVID M. SHABY II & ASSOCIATES, APC QUIA 11949Jefferson Boulevard, Suite 104 Culver City, California 90230 Telephone: FaCSImile: £310 827-7171 310 822—8529 BY EusA% é % H MART: EPUTY Attorneysfiw Defendant and Cross-Complainant Sandy Acosta and Defendants Marvin J. Guzman and Ulises A. Zepeda \l SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SAN BERNARDINO Jetcruzer International, LLC, Case no. CIVDSl930132 plaintiff, Assigned to the Hon. Tom Garza, Dept. 527 NOTICE 0F DEMURRER AND DEMURRER TO VS. COMPLAINT; MEMORANDUM 0F POINTS AND Fax AUTHORITIES Sandy Acosta, er al, Motion to Strike; Declaration ofR. Christopher By Defendants. Harshman filed concurrently herewith. And Related Cross—Complaint Date; July 7, 2021 Time: 9:00 a.m. Department: $27 17 Complaint filed: October 2019 8, Trial date: February 7, 2022 18 19 To All Parties and their Attorneys of Record: 20 Please take notice that on July 7, 2021 at 9:00 a.m. or as soon thereafter as this matter may be 21 heard, defendants Marvin J. Guzman and Ulises A. Zepeda (“Defendants”) shall appear before 22 Department $27 of the above-referenced Court, located at 247 West Third Street, San Bernardino, CA 23 92415, to demur to the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action 24 set forth in the Complaint filed by plaintifi‘JetCruzer International, LLC (“Plaintiff” or “JetCruzer”) 25 in this action, as follows: 26 27 28 1 DEMURRER DEMURRER 1. First Cause ofAction (“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 G‘U’KA 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 ofAction (“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 ofthis cause ofaction. 11 (b) This alleged cause 0f action is uncertain. 12 3. Third Cause ofAction (“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 ofAction (“Conversion”). 17 (a) Plaintiffhas failed to state sufficient facts to support this cause of action, 18 including, e.g., facts sufficient to establish plaintiffJetCruzer International, LLC ’s standing to bring this 19 cause ofaction at all, or, e.g., or any right of plaintiEJetszer International, LLC to possession. 20 (b) This alleged cause of action is uncertain. 21 5. Fifth Cause ofAction (“Conspiracy”). 22 This alleged cause of action is not viable as a matter oflaw, in that conspiracy is a (a) 23 theory of liability, not a separate tort or cause of action. 24 (b) Plaintifi‘has failed to state sufficient facts to support this cause of action. 25 (c) This alleged cause of action is uncertain. 26 6. Sixth Cause of Action (“Fraud and Deceit - Intentional Misrepresentation of Fact”). 27 (a) Plaintiffhas failed to state sufficient facts to support this cause of action 28 including, e.g., facts as to Mr. Guzman or Mr. Zepeda specifically, or adequately specific facts at all. 2 DEMURRER