On June 21, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Frias, Norma,
and
Does 1-20,
Himnel Usa Incorporated,
for Wrongful Termination Unlimited
in the District Court of San Bernardino County.
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\ ,
V SUPERIOR EOIUE'TEFDCAUFORNIA
COUNTY 0F SAN BERNARDuNo
AUG 2 4 2023
Douglas M. Wade, SBN 183107 /,
J. Jason Hill, SBN
179630 ‘
.
Dusty M. Knapp, SBN 349307 BY: Iridlan Cuon. Deputy
CALIFORNIA BUSINESS LAWYER 8: CORPORATE LAWYER, INC.
500 N. State College Blvd., Suite 1100
Orange, California 92868
Telephone: (800) 484-4610
Fax: (714) 400-9033
OOQQMAWN
Email: doug@ca-businesslawyer.c0m; jhill@ca-businesslawyer.com
dknapp@ca-businesslawyer.com
Attorneys for: Defendant Himnel USA Incorporated
SUPERIOR COURT OF THE STATE OF CALIFORNIA
O
FOR THE COUNTY OF SAN BERNARDINO
YESENIA ROBLES, Case No. CIVSBZ314929
1|
UNLIMITED JURISDICTION
Plaintiff,
12
Assigned for all purposes to the
13
Hon. Khymberli S. Apaloo
VS
14 Dept. $25 -
531C
HIMNEL USA INCORPORATED, a
15 California Cor oration, HIMNEL USA DEFENDANT HIMNEL USA
INCORPORA ED DBA ST. MARY’S INCORPORATED’S NOTICE OF
l6 MONTESSORI SCHOOL, a California DEMURRER AND DEMURRER TO
Corporation, and DOES 1-20, Inclusive, COMPLAINT
l7 VVVVVVVVVVVVVVVVVVVVVVVVVV
l8
Defendants.
FILED CONCURRENTLY WITH
MEMORANDUM OF POINTS AND
l9 AUTHORITIES; DECLARATION OF
DUSTY M. KNAPP, ESQ. IN
20 SUPPORT
21 Hearing Date: October 19, 2023
Time: 8:30 am.
22 Dept. SZS-SBJC
23
24 Action Filed: July 5, 2023
Trial Date: Not Yet Assigned
25
26 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
27 PLEASE TAKE NOTICE that 0n October 19, 2023 at 8:30 a.m. in Department 825-
28 SBJC before the Honorable Khymberli S. Apaloo, at the above-entitled court, Defendant
'
1
DEFENDANT’S DEMURRER TO COMPLAINT
HIMNEL USA INCORPORATED ADV. YESENIA ROBLES; CASE NO. CIVSBZ314929
Himnel USA Incorporated dba St. Mary’s Montessori School will and hereby does move
the Court for an order sustaining a Demurrer to the Complaint of Yesenia Robles on the
following grounds.
MAWN
This Demurrer is brought per Code 0f Civil Procedure § 4310.10 and is based on
this Notice of Demurrer and Demurrer, the attached Memorandum of Points and
Authorities, the Declaration of Dusty M. Knapp, Esq., the papers and pleading 0n file in
NO
this action, and such other papers, pleadings, and arguments as this Court shall deem
necessary.
Defendant Himnel USA Incorporated dba St. Mary’s Montessori School hereby
Demurrers under Code Civ. Proc., § 430.10(e) t0 the operative Complaint 0n the
following grounds:
1. The Fifth Cause of Action for violation of the Bane Act, Civil Code § 52.1, fails
to allege facts sufficient to constitute a cause of action as the Complaint fails to allege
that Defendant Himnel USA Incorporated dba St. Mary’s Montessori School either made
a threat 0f violence 0r acted violently as a result of Plaintiff Robles’ exercise of a civil
right. Code Civ. Proc., § 430.10(e).
Dated: August 23, 2023 CALIFORNIA BUSINESS LAWYER & CORPORATE
LAWYER INC.
C,
39%m
Douglas M. Wade
J. Jason Hill
Dusty M. Knapp
Counsel for Himnel USA Incorporated
2
DEFENDANT’S DEMURRER TO COMPLAINT
HIMNEL USA INCORPORATED ADV. YESENIA ROBLES; CASE NO. CIV532314929
Document Filed Date
August 24, 2023
Case Filing Date
June 21, 2023
Category
Wrongful Termination Unlimited
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\ , V SUPERIOR EOIUE'TEFDCAUFORNIA COUNTY 0F SAN BERNARDuNo AUG 2 4 2023 Douglas M. Wade, SBN 183107 /, J. Jason Hill, SBN 179630 ‘ . Dusty M. Knapp, SBN 349307 BY: Iridlan Cuon. Deputy CALIFORNIA BUSINESS LAWYER 8: CORPORATE LAWYER, INC. 500 N. State College Blvd., Suite 1100 Orange, California 92868 Telephone: (800) 484-4610 Fax: (714) 400-9033 OOQQMAWN Email: doug@ca-businesslawyer.c0m; jhill@ca-businesslawyer.com dknapp@ca-businesslawyer.com Attorneys for: Defendant Himnel USA Incorporated SUPERIOR COURT OF THE STATE OF CALIFORNIA O FOR THE COUNTY OF SAN BERNARDINO YESENIA ROBLES, Case No. CIVSBZ314929 1| UNLIMITED JURISDICTION Plaintiff, 12 Assigned for all purposes to the 13 Hon. Khymberli S. Apaloo VS 14 Dept. $25 - 531C HIMNEL USA INCORPORATED, a 15 California Cor oration, HIMNEL USA DEFENDANT HIMNEL USA INCORPORA ED DBA ST. MARY’S INCORPORATED’S NOTICE OF l6 MONTESSORI SCHOOL, a California DEMURRER AND DEMURRER TO Corporation, and DOES 1-20, Inclusive, COMPLAINT l7 VVVVVVVVVVVVVVVVVVVVVVVVVV l8 Defendants. FILED CONCURRENTLY WITH MEMORANDUM OF POINTS AND l9 AUTHORITIES; DECLARATION OF DUSTY M. KNAPP, ESQ. IN 20 SUPPORT 21 Hearing Date: October 19, 2023 Time: 8:30 am. 22 Dept. SZS-SBJC 23 24 Action Filed: July 5, 2023 Trial Date: Not Yet Assigned 25 26 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 27 PLEASE TAKE NOTICE that 0n October 19, 2023 at 8:30 a.m. in Department 825- 28 SBJC before the Honorable Khymberli S. Apaloo, at the above-entitled court, Defendant ' 1 DEFENDANT’S DEMURRER TO COMPLAINT HIMNEL USA INCORPORATED ADV. YESENIA ROBLES; CASE NO. CIVSBZ314929 Himnel USA Incorporated dba St. Mary’s Montessori School will and hereby does move the Court for an order sustaining a Demurrer to the Complaint of Yesenia Robles on the following grounds. MAWN This Demurrer is brought per Code 0f Civil Procedure § 4310.10 and is based on this Notice of Demurrer and Demurrer, the attached Memorandum of Points and Authorities, the Declaration of Dusty M. Knapp, Esq., the papers and pleading 0n file in NO this action, and such other papers, pleadings, and arguments as this Court shall deem necessary. Defendant Himnel USA Incorporated dba St. Mary’s Montessori School hereby Demurrers under Code Civ. Proc., § 430.10(e) t0 the operative Complaint 0n the following grounds: 1. The Fifth Cause of Action for violation of the Bane Act, Civil Code § 52.1, fails to allege facts sufficient to constitute a cause of action as the Complaint fails to allege that Defendant Himnel USA Incorporated dba St. Mary’s Montessori School either made a threat 0f violence 0r acted violently as a result of Plaintiff Robles’ exercise of a civil right. Code Civ. Proc., § 430.10(e). Dated: August 23, 2023 CALIFORNIA BUSINESS LAWYER & CORPORATE LAWYER INC. C, 39%m Douglas M. Wade J. Jason Hill Dusty M. Knapp Counsel for Himnel USA Incorporated 2 DEFENDANT’S DEMURRER TO COMPLAINT HIMNEL USA INCORPORATED ADV. YESENIA ROBLES; CASE NO. CIV532314929