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F l LE D
SUPERIOR COURT 0F CAUFORNxA
COUNTY 0F SAN BEHNARDINO
1 COLLEEN A. DEZIEL (Bar No. 164282) SAN Beammmo msmmr
cad@amclaw.com r I r
2 PETER B.RUSTIN(Bar No. 181734)
JUL 2 ’E [922
pbr@amclaw.com
3 ANDERSON, McPHARLIN & CONNERS LLP
707 Wilshire Boulevard, Suite 4000
4 Los Angeles, California 90017-3623
TELEPHONE: (213) 688-0080 Q FACSIMILE: (213) 622-7594
5
Attorneys for Defendants CAROL VOITA; and STRONG
6 BRIDGE MANAGEMENT LLC (erroneously sued as Carol
Voita - Sole Member/Manager Strong Bridge Management LLC)
7
8 SUPERIOR COURT 0F THE STATE OF CALIFORNIA
9 COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
10
LLP
4000 é
11 OXANA PARAFEINIK, Case No. CIVSB2210600
7-3623 ]\
CONNERS
g 12 Plaintiff, Assigned to Hon. Gilbert Ochoa, Dept. $24
SUITE
9001
8C E 13 vs. Action Filed: June 1, 2022
é
LL
LAWYERS
BOULEVARD,
CALIFORNIA
' 14 CAROL VOITA; CAROL VOITA - SOLE DEFENDANTS’ NOTICE OF
MCPHARLIN
MEMBER/MANAGER STRONG BRIDGE DEMURRER AND DEMURRER TO
688-0080
H U] MANAGEMENT LLC; and DOES TO 2, 1 PLAINTIFF’S COMPLAINT;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
ANGELES,
WILSHIRE
Ha Defendants.
ANDERSON,
(213)
PETER B. RUSTIN IN SUPPORT
707 LOS
TEL
17 THEREOF
18 [Filed concurrently with Requestfor Judicial
Notice]
19
Date: September 28, 2022
20 Time: 8:30 a.m.
Dept: 824
21
Trial Date: None
22
23 TO PLAINTIFF IN PRO PER:
24 PLEASE TAKE NOTICE that on September 28, 2022, at 8:30 a.m., 0r as soon thereafter
25 as counsel may be heard in Department $24 of the above Court, located at 247 West Third Street,
26 San Bemardino, California, Defendants CAROL VOITA; and STRONG BRIDGE
27 MANAGEMENT LLC (erroneously sued as Carol Voita - Sole Member/Manager Strong Bridge
28 Management LLC) (collectively, “Defendants”), shall and does generally and specially demur to
1
2582898.] 05896-182
DEMURRER TO COMPLAINT
the first, second and third causes 0f action in the Complaint filed by Plaintiff OXANA
PARAFEINIK (“Plaintiff”) (the “Complaint). Specifically, the first cause of action purports to
articulate a claim for negligence, but is fatally uncertain and it is impossible to ascertain what the
factual basis is for the claim. The second cause of action, for Intentional Infliction of Emotional
wmflQUIADJNH
Distress, does not contain the necessary allegations to support that claim, and is also
incomprehensible and vague. The third cause of action for Negligent Infliction of Emotional
Distress must fail, because that is not a recognized cause of action, but, instead, a cause of action
for negligence that allows certain persons to recover damages (for emotional distress only) on a
negligence cause of action even though they were not otherwise injured or harmed.
Moreover, as to all causes of action, Plaintiff purports to name Ms. Voita in her personal
LLP
capacity and as “Sole Member/Manager of Strong Bridge Management, LLC,” yet has failed t0
4000
WNI—to
7-3623 h—Au—tI—nt—t
622-7594
CONNERS allege the necessary facts to justify imposing alter ego liability on Ms. Voita.
SUITE
9001
3)
8L
(21
This Demurrer is based on this Notice, the Demurrer, the Memorandum of Points and
FAX
LAWYERS
BOULEVARD,
CALIFORNIA
-
r—I
A Authorities, the Complaint, the Request for Judicial Notice, the Declaration 0f Peter B. Rustin, all
MCPHARLIN
H UI pleadings and records, any matters ofwhich the Court takes judicial notice, any other papers 0n file,
688-0080
ANGELES,
WILSHIRE
3)
a and such additional law and argument as the Court may consider.
ANDERSON,
(21
707 LOS
TEL
\l
STATUTORY MEET AND CONFER REQUIREMENT MET
w In compliance with Code of Civil Procedure sections 430.41(a), Defendants’ counsel has
\O met and conferred with Plaintiff in good faith prior t0 filing this motion in compliance with Code 0f
O Civil Procedure Section 435.5, but was unable t0 reach an agreement resolving the issues. (See
NNNNNNNNHHI—IH
H Declaration of Peter B. Rustin attached hereto, W 4-6.)
N This demurrer is based upon this Notice, the provisions of Civil Code section 430.10, the
b)
Memorandum of Points and Authorities offered in support of this demurrer, the Request for
B / / /
UI
/ / /
a / / /
\l
/ / /
Nm / / /
2
25828981 05896-182
DEMURRER TO COMPLAINT
Preview
\r F l LE D SUPERIOR COURT 0F CAUFORNxA COUNTY 0F SAN BEHNARDINO 1 COLLEEN A. DEZIEL (Bar No. 164282) SAN Beammmo msmmr cad@amclaw.com r I r 2 PETER B.RUSTIN(Bar No. 181734) JUL 2 ’E [922 pbr@amclaw.com 3 ANDERSON, McPHARLIN & CONNERS LLP 707 Wilshire Boulevard, Suite 4000 4 Los Angeles, California 90017-3623 TELEPHONE: (213) 688-0080 Q FACSIMILE: (213) 622-7594 5 Attorneys for Defendants CAROL VOITA; and STRONG 6 BRIDGE MANAGEMENT LLC (erroneously sued as Carol Voita - Sole Member/Manager Strong Bridge Management LLC) 7 8 SUPERIOR COURT 0F THE STATE OF CALIFORNIA 9 COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT 10 LLP 4000 é 11 OXANA PARAFEINIK, Case No. CIVSB2210600 7-3623 ]\ CONNERS g 12 Plaintiff, Assigned to Hon. Gilbert Ochoa, Dept. $24 SUITE 9001 8C E 13 vs. Action Filed: June 1, 2022 é LL LAWYERS BOULEVARD, CALIFORNIA ' 14 CAROL VOITA; CAROL VOITA - SOLE DEFENDANTS’ NOTICE OF MCPHARLIN MEMBER/MANAGER STRONG BRIDGE DEMURRER AND DEMURRER TO 688-0080 H U] MANAGEMENT LLC; and DOES TO 2, 1 PLAINTIFF’S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ANGELES, WILSHIRE Ha Defendants. ANDERSON, (213) PETER B. RUSTIN IN SUPPORT 707 LOS TEL 17 THEREOF 18 [Filed concurrently with Requestfor Judicial Notice] 19 Date: September 28, 2022 20 Time: 8:30 a.m. Dept: 824 21 Trial Date: None 22 23 TO PLAINTIFF IN PRO PER: 24 PLEASE TAKE NOTICE that on September 28, 2022, at 8:30 a.m., 0r as soon thereafter 25 as counsel may be heard in Department $24 of the above Court, located at 247 West Third Street, 26 San Bemardino, California, Defendants CAROL VOITA; and STRONG BRIDGE 27 MANAGEMENT LLC (erroneously sued as Carol Voita - Sole Member/Manager Strong Bridge 28 Management LLC) (collectively, “Defendants”), shall and does generally and specially demur to 1 2582898.] 05896-182 DEMURRER TO COMPLAINT the first, second and third causes 0f action in the Complaint filed by Plaintiff OXANA PARAFEINIK (“Plaintiff”) (the “Complaint). Specifically, the first cause of action purports to articulate a claim for negligence, but is fatally uncertain and it is impossible to ascertain what the factual basis is for the claim. The second cause of action, for Intentional Infliction of Emotional wmflQUIADJNH Distress, does not contain the necessary allegations to support that claim, and is also incomprehensible and vague. The third cause of action for Negligent Infliction of Emotional Distress must fail, because that is not a recognized cause of action, but, instead, a cause of action for negligence that allows certain persons to recover damages (for emotional distress only) on a negligence cause of action even though they were not otherwise injured or harmed. Moreover, as to all causes of action, Plaintiff purports to name Ms. Voita in her personal LLP capacity and as “Sole Member/Manager of Strong Bridge Management, LLC,” yet has failed t0 4000 WNI—to 7-3623 h—Au—tI—nt—t 622-7594 CONNERS allege the necessary facts to justify imposing alter ego liability on Ms. Voita. SUITE 9001 3) 8L (21 This Demurrer is based on this Notice, the Demurrer, the Memorandum of Points and FAX LAWYERS BOULEVARD, CALIFORNIA - r—I A Authorities, the Complaint, the Request for Judicial Notice, the Declaration 0f Peter B. Rustin, all MCPHARLIN H UI pleadings and records, any matters ofwhich the Court takes judicial notice, any other papers 0n file, 688-0080 ANGELES, WILSHIRE 3) a and such additional law and argument as the Court may consider. ANDERSON, (21 707 LOS TEL \l STATUTORY MEET AND CONFER REQUIREMENT MET w In compliance with Code of Civil Procedure sections 430.41(a), Defendants’ counsel has \O met and conferred with Plaintiff in good faith prior t0 filing this motion in compliance with Code 0f O Civil Procedure Section 435.5, but was unable t0 reach an agreement resolving the issues. (See NNNNNNNNHHI—IH H Declaration of Peter B. Rustin attached hereto, W 4-6.) N This demurrer is based upon this Notice, the provisions of Civil Code section 430.10, the b) Memorandum of Points and Authorities offered in support of this demurrer, the Request for B / / / UI / / / a / / / \l / / / Nm / / / 2 25828981 05896-182 DEMURRER TO COMPLAINT