On July 26, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Mehta, Bhavin,
Mehta, Saroj,
and
Does 1 Through 75, Inclusive,
San Bernardino Villas Lp,
for Other PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
v QRKGAM’ V
F LE l
Scott A. Blakeley, State Bar No. 251350 SUPERJOR COURT 0F
BLIFORNIA
COUNTY 0F SAN BERNARD
Jason Scupine, State Bar N0. 150867 SAN BERNARDINO DISTRIéNTQ
David J. Ozeran, State Bar No. 137452
LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES
AWN
[
701 North Brand Blvd., Suite 600
0 CT 0 7 2022
Glendale, California 91203-9877
I
Telephone (213) 426-3600 o Facsimile (213) 426-3650 By 4
£
A
m
NICOLE o'owyfin;
Attorneys for Defendant, 953m
QQUI
SAN BERNARDINO VILLAS LP dba
VILLAS AT SAN BERNARDINO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO CENTRAL JUSTICE CENTER DISTRICT
-
AMES
10
&
11 SAROJ MEHTA, by and through her CASE NO.: CIVSB22161 04
BHA VIN
FESLER
re resentative and attomey-in-fact,
12 M HTA, Assigned for All Purposes T0:
DeHAAS.
Judge Gilbert Ochoa
13 Plaintiff, Dept. S24
14 vs. NOTICE OF DEMURRER AND DEMURRER
JOHNSON.
TO COMPLAINT; MEMORANDUM OF
15 SAN BERNARDINO VILLAS LP dba POINTS AND AUTHORITIES
VILLAS AT SAN BERNARDINO, and
FOLLETTE,
16 DOES through 75, inclusive,
1 DATE: December 1, 2022
17 Defendants. 333%; 3334M $606
LA
18
5(aow~k5 700
19 TRIAL DATE: None Set
ACTION FILED: 07/26/22
20
21 TO PLAINTIFF AND HER COUNSEL:
22 PLEASE TAKE NOTICE and notice is hereby given that on December 1, 2022 at 8:30 a.m. or as
23 soon thereafter as the matter may be heard in Department 824 0f the above-entitled court, located at 247
24 W. Third Street, San Bemardino, California, Defendant SAN BERNARDINO VILLAS LP dba VILLAS
25 AT SAN BERNARDINO will and hereby does demur to the plaintiff’s complaint pursuant t0 Code of
26 Civil Procedure sections 430.10, subdivisions (b) and (e) as follows:
27 1. The plaintiff does not have standing to maintain the action “by and through her representative
28 and attorney-in—fact, BHAVIN MEHTA.”
-1-
DEMURRER TO COMPLAINT
2. The first cause of action fails t0 state facts sufficient t0 constitute a cause of action for elder
abuse and neglect.
3. The second cause of action fails t0 state facts sufficient to constitute a cause of action for
willful misconduct.
This demurrer is based on this notice, the attached memorandum of points and authorities, the
documents, records and pleadings on file herein, and upon such further oral and documentary evidence
as may be admitted at the hearing ofthis demurrer.
AMES
Dated: October 7, 2022
&
FESLER
GeHMS, JASON SCUPINE
DAVID J OZERAN
Attorneys for Defendant,
JOHNSON,
SAN BERNARDINO VILLAS LP dba
VILLAS AT SAN BERNARDINO
FOLLETTE,
LA
- 2 -
DEMURRER TO COMPLAINT
Document Filed Date
October 07, 2022
Case Filing Date
July 26, 2022
Category
Other PI/PD/WD Unlimited
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Preview
v QRKGAM’ V F LE l Scott A. Blakeley, State Bar No. 251350 SUPERJOR COURT 0F BLIFORNIA COUNTY 0F SAN BERNARD Jason Scupine, State Bar N0. 150867 SAN BERNARDINO DISTRIéNTQ David J. Ozeran, State Bar No. 137452 LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES AWN [ 701 North Brand Blvd., Suite 600 0 CT 0 7 2022 Glendale, California 91203-9877 I Telephone (213) 426-3600 o Facsimile (213) 426-3650 By 4 £ A m NICOLE o'owyfin; Attorneys for Defendant, 953m QQUI SAN BERNARDINO VILLAS LP dba VILLAS AT SAN BERNARDINO SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CENTRAL JUSTICE CENTER DISTRICT - AMES 10 & 11 SAROJ MEHTA, by and through her CASE NO.: CIVSB22161 04 BHA VIN FESLER re resentative and attomey-in-fact, 12 M HTA, Assigned for All Purposes T0: DeHAAS. Judge Gilbert Ochoa 13 Plaintiff, Dept. S24 14 vs. NOTICE OF DEMURRER AND DEMURRER JOHNSON. TO COMPLAINT; MEMORANDUM OF 15 SAN BERNARDINO VILLAS LP dba POINTS AND AUTHORITIES VILLAS AT SAN BERNARDINO, and FOLLETTE, 16 DOES through 75, inclusive, 1 DATE: December 1, 2022 17 Defendants. 333%; 3334M $606 LA 18 5(aow~k5 700 19 TRIAL DATE: None Set ACTION FILED: 07/26/22 20 21 TO PLAINTIFF AND HER COUNSEL: 22 PLEASE TAKE NOTICE and notice is hereby given that on December 1, 2022 at 8:30 a.m. or as 23 soon thereafter as the matter may be heard in Department 824 0f the above-entitled court, located at 247 24 W. Third Street, San Bemardino, California, Defendant SAN BERNARDINO VILLAS LP dba VILLAS 25 AT SAN BERNARDINO will and hereby does demur to the plaintiff’s complaint pursuant t0 Code of 26 Civil Procedure sections 430.10, subdivisions (b) and (e) as follows: 27 1. The plaintiff does not have standing to maintain the action “by and through her representative 28 and attorney-in—fact, BHAVIN MEHTA.” -1- DEMURRER TO COMPLAINT 2. The first cause of action fails t0 state facts sufficient t0 constitute a cause of action for elder abuse and neglect. 3. The second cause of action fails t0 state facts sufficient to constitute a cause of action for willful misconduct. This demurrer is based on this notice, the attached memorandum of points and authorities, the documents, records and pleadings on file herein, and upon such further oral and documentary evidence as may be admitted at the hearing ofthis demurrer. AMES Dated: October 7, 2022 & FESLER GeHMS, JASON SCUPINE DAVID J OZERAN Attorneys for Defendant, JOHNSON, SAN BERNARDINO VILLAS LP dba VILLAS AT SAN BERNARDINO FOLLETTE, LA - 2 - DEMURRER TO COMPLAINT