On September 24, 2007 a
Complaint,Petition
was filed
involving a dispute between
and
for (Breach of Contract/Warranty)
in the District Court of Sacramento County.
Preview
1 Todd A. Jones (Bar No. 198024)
Gregory K. Federico (Bar No. 242184)
2 ARCHER NORRIS
A Professional Law Corporation
3 655 University Avenue, Suite 225
Sacramento, California 95825-6747
4 Telephone: 916.646.2480
Facsimile: 916.646.5696
5
Attorneys for Defendants and Cross-Defendants
6 RICHARD KIRK RUYBALID, individually, and
dba CA CONSTRUCTION
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10
11 RODNEY ABBOTT and FLORENTINE Case No. 07AS04450
ABBOTT,
12 DEFENDANT CA CONSTRUCTION'S
Plaintiffs, NOTICE OF DEMURRER AND
13 DEMURRER TO PLAINTIFFS'
v. UNVERIFIED FIRST AMENDED
14 COMPLAINT; MEMORANDUM OF
RONALD PAUL BRITSCHGI, et al., POINTS AND AUTHORITIES; REQUEST
15 FOR JUDICIAL NOTICE; AND
Defendants. DECLARATION OF GREGORY K.
16 FEDERICO IN SUPPORT THEREOF
17 Date: November 17, 2009
Time: 9:00 a.m.
18 Dept: 54
(RESERVATION NO. 1268771)
19
Action Filed: September 24,2007
20
AND ALL RELATED CROSS-ACTIONS.
21
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
TAKE NOTICE THAT on November 17, 2009, at 9:00 a.m., or as soon thereafter as the
matter may be heard, in Department 54 of the Sacramento County Superior Court located at 800
9th Street in Sacramento, California, the Court will hear the demurrer of Defendant RICHARD
6 KIRK RUYBALID, individually, and dba CA CONSTRUCTION'S ("CA CONSTRUCTION")
27 to the Sixth Cause of Action of Plaintiff RODNEY and FLORENTINE ABBOTT's
28 ("PLAINTIFFS") unverified First Amended Complaint filed on July 23, 2009.
NIC341/839865-1
DEFENDANT CA CONSTRUCTION'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS'
UNVERIFIED FIRST AMENDED COMPLAINT
1 The demurrer as to PLAINTIFFS' Sixth Cause of Action for alleged violations of various
2 provisions of the Business & Professions Code is based on the following grounds:
3 1. PLAINTIFFS do not have the legal capacity to sue for alleged violations of
4 various provisions of the Business and Professions Code. Code of Civil Procedure § 430.10(b).
5 2. The Sixth Cause of Action of PLAINTIFFS' First Amended Complaint is
6 uncertain, vague, ambiguous and unintelligible pursuant to Code of Civil Procedure § 430.10(f)
7 as Defendant CA CONSTRUCTION was a licensed contractor when it performed work on
8 PLAINTIFFS' home.
9 3. The Sixth Cause of Action of PLAINTIFFS' First Amended Complaint fails to
10 state a claim upon which relief can be granted pursuant to Code of Civil Procedure § 430.10(e).
11 4. The Sixth Cause of Action of PLAINTIFFS' First Amended Complaint is
12 uncertain, vague, ambiguous and unintelligible Code of Civil Procedure § 430.10(f) because
13 PLAINTIFFS have failed to plead a fraud based cause of action with factual specificity. As such,
14 the First Amended Complaint fails to furnish Defendant CA CONSTRUCTION with certain
15 definite charges that can be intelligently met.
16 This demurrer shall be based on this notice of demurrer, the attached memorandum of
17 points and authorities, the Request for Judicial Notice, the attached declaration of Gregory K.
18 Federico, such other and further evidence as exists in the files of this matter as maintained by the
19 Court, and upon such further oral and documentary evidence as may be introduced at the time of
20 the hearing on this demurrer and upon such items of which the Court may take judicial notice.
21 Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this
22 matter by 2:00 p.m., the court day before the hearing. You may access and download the court's
23 ruling from the court's website at http://www.saccourt.com. If you do not have online access,
24 you may obtain the tentative ruling over the telephone by calling (916) 874-8142 and a deputy
25 clerk will read the ruling to you. If you wish to request oral argument, you must contact the
26 courtroom clerk at (916) 874-7858 (Department 53) or (916) 874-7848 (Department 54) and the
27 //
28 //
NIC341/839865-1 2
DEFENDANT CA CONSTRUCTION'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS'
UNVERIFIED FIRST AMENDED COMPLAINT
opposing party before 4:00 p.m. the court day before the hearing. If you do not call the court and
the opposing party by 4:00 p.m. on the court day before the hearing, no hearing will be held.
3
4
Dated: August ~ , 2009 ARCHER NORRIS
6
Gregory K. Federico
Attorneys for Defendants and Cross-
8
Defendants RICHARD KIRK RUYBALID,
individually, and dba CA CONSTRUCTION
10
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NIC341/839865-1 3
DEFENDANT CA CONSTRUCTION'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS'
UNVERIFIED FIRST AMENDED COMPLAINT
Document Filed Date
August 28, 2009
Case Filing Date
September 24, 2007
Category
(Breach of Contract/Warranty)
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1 Todd A. Jones (Bar No. 198024) Gregory K. Federico (Bar No. 242184) 2 ARCHER NORRIS A Professional Law Corporation 3 655 University Avenue, Suite 225 Sacramento, California 95825-6747 4 Telephone: 916.646.2480 Facsimile: 916.646.5696 5 Attorneys for Defendants and Cross-Defendants 6 RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RODNEY ABBOTT and FLORENTINE Case No. 07AS04450 ABBOTT, 12 DEFENDANT CA CONSTRUCTION'S Plaintiffs, NOTICE OF DEMURRER AND 13 DEMURRER TO PLAINTIFFS' v. UNVERIFIED FIRST AMENDED 14 COMPLAINT; MEMORANDUM OF RONALD PAUL BRITSCHGI, et al., POINTS AND AUTHORITIES; REQUEST 15 FOR JUDICIAL NOTICE; AND Defendants. DECLARATION OF GREGORY K. 16 FEDERICO IN SUPPORT THEREOF 17 Date: November 17, 2009 Time: 9:00 a.m. 18 Dept: 54 (RESERVATION NO. 1268771) 19 Action Filed: September 24,2007 20 AND ALL RELATED CROSS-ACTIONS. 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: TAKE NOTICE THAT on November 17, 2009, at 9:00 a.m., or as soon thereafter as the matter may be heard, in Department 54 of the Sacramento County Superior Court located at 800 9th Street in Sacramento, California, the Court will hear the demurrer of Defendant RICHARD 6 KIRK RUYBALID, individually, and dba CA CONSTRUCTION'S ("CA CONSTRUCTION") 27 to the Sixth Cause of Action of Plaintiff RODNEY and FLORENTINE ABBOTT's 28 ("PLAINTIFFS") unverified First Amended Complaint filed on July 23, 2009. NIC341/839865-1 DEFENDANT CA CONSTRUCTION'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS' UNVERIFIED FIRST AMENDED COMPLAINT 1 The demurrer as to PLAINTIFFS' Sixth Cause of Action for alleged violations of various 2 provisions of the Business & Professions Code is based on the following grounds: 3 1. PLAINTIFFS do not have the legal capacity to sue for alleged violations of 4 various provisions of the Business and Professions Code. Code of Civil Procedure § 430.10(b). 5 2. The Sixth Cause of Action of PLAINTIFFS' First Amended Complaint is 6 uncertain, vague, ambiguous and unintelligible pursuant to Code of Civil Procedure § 430.10(f) 7 as Defendant CA CONSTRUCTION was a licensed contractor when it performed work on 8 PLAINTIFFS' home. 9 3. The Sixth Cause of Action of PLAINTIFFS' First Amended Complaint fails to 10 state a claim upon which relief can be granted pursuant to Code of Civil Procedure § 430.10(e). 11 4. The Sixth Cause of Action of PLAINTIFFS' First Amended Complaint is 12 uncertain, vague, ambiguous and unintelligible Code of Civil Procedure § 430.10(f) because 13 PLAINTIFFS have failed to plead a fraud based cause of action with factual specificity. As such, 14 the First Amended Complaint fails to furnish Defendant CA CONSTRUCTION with certain 15 definite charges that can be intelligently met. 16 This demurrer shall be based on this notice of demurrer, the attached memorandum of 17 points and authorities, the Request for Judicial Notice, the attached declaration of Gregory K. 18 Federico, such other and further evidence as exists in the files of this matter as maintained by the 19 Court, and upon such further oral and documentary evidence as may be introduced at the time of 20 the hearing on this demurrer and upon such items of which the Court may take judicial notice. 21 Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this 22 matter by 2:00 p.m., the court day before the hearing. You may access and download the court's 23 ruling from the court's website at http://www.saccourt.com. If you do not have online access, 24 you may obtain the tentative ruling over the telephone by calling (916) 874-8142 and a deputy 25 clerk will read the ruling to you. If you wish to request oral argument, you must contact the 26 courtroom clerk at (916) 874-7858 (Department 53) or (916) 874-7848 (Department 54) and the 27 // 28 // NIC341/839865-1 2 DEFENDANT CA CONSTRUCTION'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS' UNVERIFIED FIRST AMENDED COMPLAINT opposing party before 4:00 p.m. the court day before the hearing. If you do not call the court and the opposing party by 4:00 p.m. on the court day before the hearing, no hearing will be held. 3 4 Dated: August ~ , 2009 ARCHER NORRIS 6 Gregory K. Federico Attorneys for Defendants and Cross- 8 Defendants RICHARD KIRK RUYBALID, individually, and dba CA CONSTRUCTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NIC341/839865-1 3 DEFENDANT CA CONSTRUCTION'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS' UNVERIFIED FIRST AMENDED COMPLAINT