Party Notice: REGINA GLORIOSO-EMERSON, et al vs. CITY OF MILLBRAE, et al

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                                1    Kevin J. Holl, SBN 124830
      Erin K. Muniga, SBN 317741
 2    GORDON-CREED, KELLEY,
 3    HOLL, ANGEL & SUGERMAN, LLP
      50 California Street, 34th Floor                                 5/12/2023
 4    San Francisco, CA 94111
      Tel: (415) 421-3100
 5    Fax: (415) 421-3150
 6   holl@gkhs.com; muniga@gkhs.com
                                                                         Exempt from filing fees per
 7                                                                       Gov’t Code § 6103
     Attorneys for Defendant
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     CITY AND COUNTY OF SAN FRANCISCO
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                                 SUPERIOR COURT OF CALIFORNIA
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                                      COUNTY OF SAN MATEO
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      REGINA GLORIOSO-EMERSON; ESTATE              Case No. 22-CIV-05181
12    OF ROLANDO GLORIOSO; CHRISTIAN
      CUNANAN; KATRYNE PIOQUINTO; JOHN
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      MATTHEW CUNANAN; and ESTATE OF               Assigned for all purposes to Hon. Robert D. Foiles,
14    SUSANA GLORIOSO,                             Dept. 21

15                      Plaintiffs,                DEFENDANT CITY AND COUNTY OF SAN
                                                   FRANCISCO’S NOTICE OF DEMURRER TO
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      v.                                           PLAINTIFFS’ COMPLAINT
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      CITY OF MILLBRAE; STATE OF                   [Filed concurrently with Demurrer;
18    CALIFORNIA; CITY AND COUNTY OF               Memorandum of Points and Authorities;
19    SAN FRANCISCO; COUNTY OF SAN                 Declaration of Kevin J. Holl; and Proposed
      MATEO; CITY OF SAN BRUNO; SAN                Order]
20    FRANCISCO AREA RAPID TRANSIT
      DISTRICT; SAN MATEO COUNTY
21    TRANSIT DISTRICT; PENINSULA                  DATE:         July 28, 2023
22    CORRIDOR JOINT POWERS BOARD; and             TIME:         9:00 a.m.
      DOES 1-20,                                   DEPT:         21, Courtroom 2J
23                                                 JUDGE:        Honorable Robert D. Foiles
                  Defendants.
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26                                                 Complaint Filed:       December 9, 2022
                                                   Trial Date:            Unassigned
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                                      CCSF’S NOTICE OF DEMURRER
 1          TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
 2          PLEASE TAKE NOTICE that on July 28, 2023 at 9:00 a.m., or as soon thereafter as may be
 3   heard in Department 21, Courtroom 2J, of the above-entitled court, located at 400 County Center,
 4   Redwood City, California 94063, Defendant City and County of San Francisco (hereafter, “CCSF”) will
 5   and hereby does generally and specially demur to the Complaint filed by Plaintiffs Regina Glorioso-
 6   Emerson, Estate of Rolando Glorioso, Christian Cunanan, Katryne Pioquinto, John Matthew Cunanan,
 7   and Estate of Susana Glorioso (collectively referred to as “Plaintiffs”) as to each cause of action asserted
 8   therein against CCSF, and will move this Court for an order sustaining CCSF’s Demurrer as to
 9   Plaintiffs’ Complaint in its entirety. CCSF submits this Demurrer pursuant to subdivisions (e) and (f) of
10   Code of Civil Procedure section 430.10 because Plaintiffs fail to state facts sufficient to constitute a
11   cause of action against CCSF and because each cause of action therein is uncertain and ambiguous.
12          This Demurrer is based upon this Notice, the Demurrer, the Memorandum of Points and
13   Authorities, the Declaration of Kevin J. Holl, and any other matters subject to judicial notice, all other
14   pleadings and papers on file in this action, and such other and further argument and matters as shall be
15   received by the Court.
16          CCSF’s counsel has met and conferred with Plaintiffs’ counsel, the specific facts of which are
17   detailed in the accompanying Declaration of Kevin J. Holl.
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     Dated: May 12, 2023                                   GORDON-CREED, KELLEY,
20                                                         HOLL, ANGEL & SUGERMAN, LLP

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                                                   By:            /s/ Kevin J. Holl
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                                                           Kevin J. Holl
23                                                         Erin K. Muniga
                                                           Attorneys for Defendant
24                                                         CITY AND COUNTY OF SAN FRANCISCO
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                                            CCSF’S NOTICE OF DEMURRER