On May 26, 2022 a
Reply Filed Electronically - Reply re Demurrer
was filed
involving a dispute between
Av Automotive, Inc.,
Vartanian, Arsen H,
Portillo, Edgar,
and
Does 1-60,
Does 1 Through 35,
Vartanian, Vahak,
for Fraud Unlimited
in the District Court of San Bernardino County.
Preview
FERRIS R7 BRITTON ELECTRONICALLY FILED (Aut< >)
A Professional Corporation SUPERIOR COURT OF CALIFC >RNIA
Michael R. Weinstein (SBN 106464) COUNTY OF SAN BERNARDIN o
Scott H. Toothacre (SBN 146530) 2/5/2024 9:09 AM
Elyssa K. Kulas (SBN 3 17559)
501 West Broadway, Suite 1450
San Diego, California 92 1 01
©OOQONUl-bUJNr—A
Telephone: (6 1 9) 233-3 1 31
Fax: (619) 232-9316
mweinstein@ferrisbritton.com
stoothacre@ferrisbritton.com
ekulas@ferrisbritton.com
Attorneys for Plaintiffs
ARSEN H. VARTANIAN
AV AUTOMOTIVE, INC. and
Cross—Defendant EDGAR PORTILLO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO-RANCHO CUCAMONGA DISTRICT
ARSEN H. VARTANIAN, an individual; Case N0. CIVSB2210697
AV AUTOMOTIVE, INC., a California
Corporation, Judge: Hon. Janet M. Frangie
Plaintiffs, REPLY RE: MOTION BY CROSS-
DEFENDANTS, ARSEN VARTANIAN AND
NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—K
V. EDGAR PORTILLO, TO DEMURRER TO
VAHAK VARTANIAN’S CROSS—COMPLAINT
VAHAK VARTANIAN, an individual,
doing business as Vartanian on Wheels and DATE: February 13, 2024
OONONLh-waHO©OOflO\Lh-5UJNHO
VOW Automotive; and DOES 1 through 35, TIME: 8:30 am
inclusive, DEPT: R17
Defendants. (Plaintiffs’ Counsel Appearing Remotely)
AND ALL CROSS-RELATED MATTERS Action Filed: May 26, 2022
Trial Date: Not Yet Set
On December 1, 2023, Cross—Defendants, Arsen Vartanian and Edgar Portillo filed a Demurrer
t0 the Cross—Complaint of Vahak Vartanian. The Demurrer was t0 the first cause 0f action for Civil
Conspiracy on grounds that it fails to state a cause of action; t0 the Second cause of action for Conversion
on grounds that it fails to state a cause 0f action; and to the third cause of action for Intentional
1
REPLY RE: MOTION BY CROSS-DEFENDANTS, ARSEN VARTANIAN AND EDGAR
PORTILLO, TO DEMURRER TO VAHAK VARTANIAN’S CROSS-COMPLAINT
Interference With Contractual Relations on grounds it fails t0 state facts sufficient t0 constitute a cause
of action as it fails t0 identify the particular contracts, how they were breached, When they were
breached, and 0n contains conclusory allegations related t0 damages.
The Court Clerk served a Clerk’s Notice of Continuance, on the Court’s Own Motion, of the
Demurrer filed by Defendant Arsen Vartanian and Edgar Portillo filed on December 2023. The matter
KOOOQONUl-RUJNr—t
1,
was rescheduled for a hearing on February 13, 2024 at 8:30 AM in Department R17 — Rancho
Cucamonga. The Clerk’s Certificate of Service By Mail shows that David Louis Prince, Esq.Was served
by mail With the Clerk’s Notice 0f Continuance 0n December 26, 2023. Vahak Vartanian’s opposition
papers were due to be filed and served 0n 0r before January 30, 2024. No opposition papers appear to
have been filed and no opposition papers have been served upon Arsen Vartanian and/or Edgar Portillo.
As a result, Cross-Defendants Arsen Vartanian and Edgar Portillo request the Court sustain the
Demurrer t0 the first, second and third, causes of action Without leave to amend.
W
Dated: February 5, 2024 FERRIS & BRITTON,
A Professional Corporation
NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—K
By: (gm
Michael R. Weinstein
Scott H. Toothacre
Attorneys for Plaintiff
AV AUTOMOTIVE, INC.
OOQONUIAUJNHOKOOOQONMAUJNHO
2
REPLY RE: MOTION BY CROSS—DEFENDANTS, ARSEN VARTANIAN AND EDGAR
PORTILLO, TO DEMURRER TO VAHAK VARTANIAN’S CROSS-COMPLAINT
Document Filed Date
February 05, 2024
Case Filing Date
May 26, 2022
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Preview
FERRIS R7 BRITTON ELECTRONICALLY FILED (Aut< >) A Professional Corporation SUPERIOR COURT OF CALIFC >RNIA Michael R. Weinstein (SBN 106464) COUNTY OF SAN BERNARDIN o Scott H. Toothacre (SBN 146530) 2/5/2024 9:09 AM Elyssa K. Kulas (SBN 3 17559) 501 West Broadway, Suite 1450 San Diego, California 92 1 01 ©OOQONUl-bUJNr—A Telephone: (6 1 9) 233-3 1 31 Fax: (619) 232-9316 mweinstein@ferrisbritton.com stoothacre@ferrisbritton.com ekulas@ferrisbritton.com Attorneys for Plaintiffs ARSEN H. VARTANIAN AV AUTOMOTIVE, INC. and Cross—Defendant EDGAR PORTILLO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO-RANCHO CUCAMONGA DISTRICT ARSEN H. VARTANIAN, an individual; Case N0. CIVSB2210697 AV AUTOMOTIVE, INC., a California Corporation, Judge: Hon. Janet M. Frangie Plaintiffs, REPLY RE: MOTION BY CROSS- DEFENDANTS, ARSEN VARTANIAN AND NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—K V. EDGAR PORTILLO, TO DEMURRER TO VAHAK VARTANIAN’S CROSS—COMPLAINT VAHAK VARTANIAN, an individual, doing business as Vartanian on Wheels and DATE: February 13, 2024 OONONLh-waHO©OOflO\Lh-5UJNHO VOW Automotive; and DOES 1 through 35, TIME: 8:30 am inclusive, DEPT: R17 Defendants. (Plaintiffs’ Counsel Appearing Remotely) AND ALL CROSS-RELATED MATTERS Action Filed: May 26, 2022 Trial Date: Not Yet Set On December 1, 2023, Cross—Defendants, Arsen Vartanian and Edgar Portillo filed a Demurrer t0 the Cross—Complaint of Vahak Vartanian. The Demurrer was t0 the first cause 0f action for Civil Conspiracy on grounds that it fails to state a cause of action; t0 the Second cause of action for Conversion on grounds that it fails to state a cause 0f action; and to the third cause of action for Intentional 1 REPLY RE: MOTION BY CROSS-DEFENDANTS, ARSEN VARTANIAN AND EDGAR PORTILLO, TO DEMURRER TO VAHAK VARTANIAN’S CROSS-COMPLAINT Interference With Contractual Relations on grounds it fails t0 state facts sufficient t0 constitute a cause of action as it fails t0 identify the particular contracts, how they were breached, When they were breached, and 0n contains conclusory allegations related t0 damages. The Court Clerk served a Clerk’s Notice of Continuance, on the Court’s Own Motion, of the Demurrer filed by Defendant Arsen Vartanian and Edgar Portillo filed on December 2023. The matter KOOOQONUl-RUJNr—t 1, was rescheduled for a hearing on February 13, 2024 at 8:30 AM in Department R17 — Rancho Cucamonga. The Clerk’s Certificate of Service By Mail shows that David Louis Prince, Esq.Was served by mail With the Clerk’s Notice 0f Continuance 0n December 26, 2023. Vahak Vartanian’s opposition papers were due to be filed and served 0n 0r before January 30, 2024. No opposition papers appear to have been filed and no opposition papers have been served upon Arsen Vartanian and/or Edgar Portillo. As a result, Cross-Defendants Arsen Vartanian and Edgar Portillo request the Court sustain the Demurrer t0 the first, second and third, causes of action Without leave to amend. W Dated: February 5, 2024 FERRIS & BRITTON, A Professional Corporation NNNNNNNNNr—tr—tr—tr—tr—tr—tr—tr—tr—tr—K By: (gm Michael R. Weinstein Scott H. Toothacre Attorneys for Plaintiff AV AUTOMOTIVE, INC. OOQONUIAUJNHOKOOOQONMAUJNHO 2 REPLY RE: MOTION BY CROSS—DEFENDANTS, ARSEN VARTANIAN AND EDGAR PORTILLO, TO DEMURRER TO VAHAK VARTANIAN’S CROSS-COMPLAINT