On March 16, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Charles Somers Individually And As Trustee For The Charles Somers Living Trust,
Somers, Charles,
and
Does 1-10,
Longoria, Dr. James,
for (Fraud (no contract))
in the District Court of Sacramento County.
Preview
PortJ. Parker, SBN 179256
Jeffrey S. Einsohn, SBN 260150
2 PARKER LAW GROUP
555 Capitol Mall, Suite 1230
3
Sacramento, CA 95814
4 Telephone: (916) 996-0400
Facsimile: (916) 668-5760
5
Attomeys for Dr. James Longoria
6
7
8 SUPERIOR COURT OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SACRAMENTO
10
CHARLES SOMERS, individually and as Case No. 34-2018-00229212
trustee for the CHARLES SOMERS LIVING
TRUST, NOTICE OF DEMURRER AND
O DEMURRER TO PLAINTIFF'S FIRST
CZ Plaintiff, AMENDED COMPLAINT
I 13
o g
u
< I 14 DR. JAMES LONGORIA, an individual, and Date: January 22, 2018
I CN DOES 1-10, Time: 9:00 a.m.
CZ <1>
Dept.: 54
UJ 1 15
•
Defendants.
Ck:
5 Complaint Filed: 3/16/18
2 16 First Amended Complaint Filed: 10/9/18
< Q.
D
Q_ U
K 17 BY FAX
18 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
19 PLEASE TAKE NOTICE that on January 22, 2018 at 9:00 a.m. in Department 54 ofthe
20 Sacramento Superior Court, located at 813 6"^ Street, Sacramento, Califomia 95814, Defendant Dr.
21 James Longoria will and hereby does, demur to the Plaintiffs First Amended Complaint.
22 This Demurrer is made on the grounds that Plaintiffs Fraud and Negligent Misrepresentation
23 causes of action fail to state facts sufficient to constitute causes of action against Defendants and that
24 the causes of action are uncertain, vague, ambiguous, contradictory and internally inconsistent.
25 This Demurrer will be based on this Notice, the attached Demurrer, the Memorandum of Points
26 and Authorities filed and served herewith, the Declaration of Jeffrey S. Einsohn, filed and served
27 herewith, all records, papers and pleading on file in this action, any matter of which the Court make
28
NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT
1
take Judiciai Notice, and any oral argument presented at hearing on this Demurrer.
Pursuant to Local Rule 1.06 of the Sacramento Superior Court:
(A) In all civil law and motion, writ, and other departments as designated, a
4 Tentative Ruling System is utilized. On the afternoon of the court day before each
5 calendar, the judge will publish a tentative mling on each matter on the next day's
6 calendar. The tentative mhngs will be available after 2:00 p.m. on the court day
7 before the matter is heard by accessing the court's website at
8 https://www.saccourt.ca.goy. The complete text of the tentative mlings for the
9 department may be downloaded off the court's website. If the party does not have
10 online a.ccess, they may call the dedicated phone number for the department as
11 referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00
12 p.m. on the court day before the hearing and receive the tentative mling.
o
13
o
14 (B) The tentative mling shall become the mling of the court, unless a party desiring
<
I
J 15 to be heard so advises the department clerk no later than 4:00 p.m. on the court day
CZ
LU
i ^ 1 16 preceding the hearing, and fiarther advises the clerk that such party has notified the
\cz 17 other side of its intention to appear. Notification to the clerk shall be made pursuant
l<
CL 18 to instmctions on the court's website at https://www.saccourt.ca.gov.
19
20
21 DATED: December 11, 2018 PARKER LAW GROUP
22
23
PORTf J ^ARKER
24
JEFFREY S. EINSOHN
25 Attorneys for DR. JAMES LONGORIA
26
27
28
NOTICE OF DEMURRER AND DEMURRER TO PLAINTffF'S FIRST AMENDED COMPLAINT
2
1 DEMURRER TO THE FIRST AMENDED COMPLAINT
2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
-»
Pursuant to C.C.P. § 430.10, Defendant Dr. James Longoria brings this Demurrer to the causes
4 of action of the First Amended Complaint on the following grounds:
5 Demurrer to the First Cause of Action
6 1. The pleading does not state facts sufficient to constitute a cause of action. C.C.P. §
7 430.10(e).
8 2. The pleading is uncertain. C.C.P. § 430.10(f)
9 Demurrer to the Second Cause of Action
10 3. The pleading does not state facts sufficient to constitute a cause of action. C.C.P. §
IQ- z 11 430.10(e).
i ZD 1-)
5 12 Demurrer to the Third Cause of Action
o g"
4. The pleading does not state facts sufficient to constitute a cause of action. C.C.P. §
o 1 13
u
<
1
I 14 430.10(e).
CZ 5. The pleading is uncertain. C.C.P. § 430.10(f)
UJ 1 15
\cz I 16 Demurrer to the Fourth Cause of Action
!< d
Id. 6. The pleading does not state facts sufFicient to constitute a cause of action. C.C.P. §
s 17
430,10(e).
18
7. The pleading is uncertain, C.C.P. § 430.10(f),
19
Demurrer to the Fourth Cause of Action
20
8. The pleading does not state facts sufFicient to constitute a cause of action. C.C.P. §
21
430.10(e).
22
9. The pleading is uncertain. C.C.P. § 430.10(f).
23
DATED: December 11, 2018 PARKER LAW
24
25
26 PORT J. P;
JEFF^YS, EINSOHN
27 AttomeysforDR. JAMES LONGORIA
28
NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT
3
im DEC 11 PH 2' 22
Document Filed Date
December 11, 2018
Case Filing Date
March 16, 2018
Category
(Fraud (no contract))
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
PortJ. Parker, SBN 179256 Jeffrey S. Einsohn, SBN 260150 2 PARKER LAW GROUP 555 Capitol Mall, Suite 1230 3 Sacramento, CA 95814 4 Telephone: (916) 996-0400 Facsimile: (916) 668-5760 5 Attomeys for Dr. James Longoria 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAMENTO 10 CHARLES SOMERS, individually and as Case No. 34-2018-00229212 trustee for the CHARLES SOMERS LIVING TRUST, NOTICE OF DEMURRER AND O DEMURRER TO PLAINTIFF'S FIRST CZ Plaintiff, AMENDED COMPLAINT I 13 o g u < I 14 DR. JAMES LONGORIA, an individual, and Date: January 22, 2018 I CN DOES 1-10, Time: 9:00 a.m. CZ <1> Dept.: 54 UJ 1 15 • Defendants. Ck: 5 Complaint Filed: 3/16/18 2 16 First Amended Complaint Filed: 10/9/18 < Q. D Q_ U K 17 BY FAX 18 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 19 PLEASE TAKE NOTICE that on January 22, 2018 at 9:00 a.m. in Department 54 ofthe 20 Sacramento Superior Court, located at 813 6"^ Street, Sacramento, Califomia 95814, Defendant Dr. 21 James Longoria will and hereby does, demur to the Plaintiffs First Amended Complaint. 22 This Demurrer is made on the grounds that Plaintiffs Fraud and Negligent Misrepresentation 23 causes of action fail to state facts sufficient to constitute causes of action against Defendants and that 24 the causes of action are uncertain, vague, ambiguous, contradictory and internally inconsistent. 25 This Demurrer will be based on this Notice, the attached Demurrer, the Memorandum of Points 26 and Authorities filed and served herewith, the Declaration of Jeffrey S. Einsohn, filed and served 27 herewith, all records, papers and pleading on file in this action, any matter of which the Court make 28 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT 1 take Judiciai Notice, and any oral argument presented at hearing on this Demurrer. Pursuant to Local Rule 1.06 of the Sacramento Superior Court: (A) In all civil law and motion, writ, and other departments as designated, a 4 Tentative Ruling System is utilized. On the afternoon of the court day before each 5 calendar, the judge will publish a tentative mling on each matter on the next day's 6 calendar. The tentative mhngs will be available after 2:00 p.m. on the court day 7 before the matter is heard by accessing the court's website at 8 https://www.saccourt.ca.goy. The complete text of the tentative mlings for the 9 department may be downloaded off the court's website. If the party does not have 10 online a.ccess, they may call the dedicated phone number for the department as 11 referenced in the local telephone directory between the hours of 2:00 p.m. and 4:00 12 p.m. on the court day before the hearing and receive the tentative mling. o 13 o 14 (B) The tentative mling shall become the mling of the court, unless a party desiring < I J 15 to be heard so advises the department clerk no later than 4:00 p.m. on the court day CZ LU i ^ 1 16 preceding the hearing, and fiarther advises the clerk that such party has notified the \cz 17 other side of its intention to appear. Notification to the clerk shall be made pursuant l< CL 18 to instmctions on the court's website at https://www.saccourt.ca.gov. 19 20 21 DATED: December 11, 2018 PARKER LAW GROUP 22 23 PORTf J ^ARKER 24 JEFFREY S. EINSOHN 25 Attorneys for DR. JAMES LONGORIA 26 27 28 NOTICE OF DEMURRER AND DEMURRER TO PLAINTffF'S FIRST AMENDED COMPLAINT 2 1 DEMURRER TO THE FIRST AMENDED COMPLAINT 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: -» Pursuant to C.C.P. § 430.10, Defendant Dr. James Longoria brings this Demurrer to the causes 4 of action of the First Amended Complaint on the following grounds: 5 Demurrer to the First Cause of Action 6 1. The pleading does not state facts sufficient to constitute a cause of action. C.C.P. § 7 430.10(e). 8 2. The pleading is uncertain. C.C.P. § 430.10(f) 9 Demurrer to the Second Cause of Action 10 3. The pleading does not state facts sufficient to constitute a cause of action. C.C.P. § IQ- z 11 430.10(e). i ZD 1-) 5 12 Demurrer to the Third Cause of Action o g" 4. The pleading does not state facts sufficient to constitute a cause of action. C.C.P. § o 1 13 u < 1 I 14 430.10(e). CZ 5. The pleading is uncertain. C.C.P. § 430.10(f) UJ 1 15 \cz I 16 Demurrer to the Fourth Cause of Action !< d Id. 6. The pleading does not state facts sufFicient to constitute a cause of action. C.C.P. § s 17 430,10(e). 18 7. The pleading is uncertain, C.C.P. § 430.10(f), 19 Demurrer to the Fourth Cause of Action 20 8. The pleading does not state facts sufFicient to constitute a cause of action. C.C.P. § 21 430.10(e). 22 9. The pleading is uncertain. C.C.P. § 430.10(f). 23 DATED: December 11, 2018 PARKER LAW 24 25 26 PORT J. P; JEFF^YS, EINSOHN 27 AttomeysforDR. JAMES LONGORIA 28 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT 3 im DEC 11 PH 2' 22