Motion,Ex Parte: Charles Somers vs. Dr. James Longoria

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                                1 Janice D. Dudensing (Bar No. 279561)
   The haw Firm ofJan Dudensing
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   925 G Street
 3 Sacramento, CA 95814
   Telephone: (916) 448-3122
 4 FacsimUe: (916) 448-1004

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     Attorney for Defendants,
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     Dr. James Longoria
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 8                               SUPERIOR COURT OF CALIFORNIA

 9                       SACRAMENTO COUNTY SUPERIOR COURT

10   CHARLES SOMERS, individually, and        Case No.: 34-2018-00229212
     as TRUSTEE FOR CHARLES
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     SOMERS' LIVING TRUST,                   DEFENDANT'S NOTICE OF
12                                           D E M U R R E R AND D E M U R R E R
                   Plaintiffs,               T O PLAINTIFF'S COMPLAINT
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            V.
14                                           Date. July 23, 2018
                                             Time: 9:00 a.m.
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     DR. JAMES LONGORIA as an                Dept: 54
16   individual, and DOES 1 TO 20,

17                 Defendants.

18                                           Hon: Judge Christopher E. Krueger
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                                             Date action filed:    March 13, 2018
21                                           Trial date:           Not Set
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          DEFENDANT'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S
                                  COMPLAINT
                                     Page 1
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                                      N O T I C E OF MOTION
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     TO ALL PARTIES A N D THEIR ATTORNEYS OF RECORD:
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            PLEASE TAKE N O T I C E that on July 23, 2018 at 9:00 a.m. in Department 54 of
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     the Sacramento Superior Court of California, located at 813 6'"^ Street, Sacramento,
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     California 95814, Defendant, DR. JAMES LONGORIA will and hereby demurs to the
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     Complaint of Plaintiffs.
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            This Demurrer is made on the ground that each of the four causes of action of the
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     Complaint fail to state facts sufficient to constitute causes of action against Defendants.
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            This Demurrer will be based on this Notice, the attached Demurrer and
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     Memorandum of Points and Authorities, all records, papers and pleadings on file in this
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     action, such oral argument as the Court may consider at the hearing of this Demurrer, and
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     any matters of which the Court may or must take judicial notice.
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15          You are further notified this court makes tentative rulings. Pursuant to Local Rule

16   1.06(A), the court will make a tentative ruling on the merits of this mater by 2:00 p.m. the

17   court day before the hearing. The complete text of the tentative rulings for the department

18   may be downloaded from the Court's public access site. If you do not have online access,

19   you may call the dedicated phone number for the department as referenced in the local

20   telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on the court day before

21   the hearing and listen to the tentative ruling. If you do not call the court and the opposing

22   party by 4:00 p.m. the court day before the hearing, no hearing will be held.
23   Dated: June 21, 2018                                 The Taw Firm ofJan Dudensing,
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                                                              Janice DyDulaensing
                                                              Attorney for Defendant

           DEFENDANT'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S
                                   COMPLAINT
                                     Page 2
 1                                 DEMURRER TO COMPLAINT
 2   Defendants demur to the First through Eighth Causes of Action of Plaintiff s Complaint on the
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     following grounds:
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            DEMURRER TO FIRST CAUSE OF ACTION (Fraud)
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            1.     The First Cause of Action fails to state facts sufficient to constitute a cause of
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                     action. Code Civ. Proc. § 430.10(e). 2. The First Cause of Action is ambiguous
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                     and unintelligible. The First Cause of Action is uncertain and insufficiently
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                     specific with respect to the identity of person who made the alleged
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10                   misrepresentations, their authority to speak and bind Defendants, to whom the

11                   alleged misrepresentations were made, and the manner in which such alleged

12                   misrepresentations were made. Code Civ. Proc. § 430.10(g).

13          DEMURRER TO SECOND CAUSE OF ACTION (NegUgent Misrepresentation)
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            2.      Plaintiffs' purported Second Cause of Action for Breach of Contract fails to
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                     indicate whether the purported contract is written, oral, or implied, and fails to
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                     include a copy of the alleged contract or a verbatim statement of its terms and
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                     is therefore subject to a special demurrer. Code Civ. Proc. § 430.10(g).
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            DEMURRER TO THIRD CAUSE OF ACTION (Unjust Enriclinient)
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            3.     The Third Cause of Action fails to state facts sufficient to constitute a cause of
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                     action. Code Civ. Proc. § 430.10(e).

22          DEMURRER TO FOURTH CAUSE OF ACTION (For Breach Of Fiduciary Duty)

23          4.     The Fourth Cause of Action fails to state facts sufficient to constitute a cause of

24                   action. Code Civ. Proc. § 430.10(e). The Fourth Cause of Action is ambiguous

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           DEFENDANT'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S
                                   COMPLAINT
                                     Page 3
                   and unintelligible and therefore subject to a special deyiurrer. Code Civ. Proc.

                   § 430.10(f).

     DATED: June 27, 2018
                                                                          'ng
                                                                       efendant




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          DEFENDANT'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S
                                  COMPLAINT
                                    Page 4