On October 25, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Kim Thuy Ho,
Nghia Nguyen,
San Francisco Pizza, Inc,
Tan Nguyen,
and
Aquatek Plumbing Inc,
David Alvarado,
Joany Yuin,
Joseph Nguyen,
Khanh Cao Huu,
Lap T Tang,
Matrix Association Management,
Michael Johnson,
Ngoc Bui,
Vietnam Town Condominium Owners Association, Inc,
for Other Real Property Unlimited (26)
in the District Court of Santa Clara County.
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GUY W. STILSON, SBN 142194
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111
Telephone: (415) 981-6630
Facsimile: (415) 982-1634
gstilson@lowball.com
Attorney for Defendants
MATRIX REAL ESTATE SERVICES, INC.,
sued herein as MATRIX ASSOCIATION MANAGEMENT
and DAVID ALVARADO
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
10
11
SAN FRANCISCO PIZZA, INC., TAN No. 17CV318151
12 NGUYEN, NGHIA NGUYEN and KIM
THUY HO, (Unlimited Jurisdiction)
13
Plaintiffs,
14 DEFENDANTS MATRIX’ AND
vs. ALVARADO’S STATEMENT OF
15 DEMURRERS TO PL: TIFFS’ THIRD
VIETNAM TOWN CONDOMINIUM AMENDED COMPLAINT
16 OWNERS ASSOCIATION, INC., et al.
17 Defendants. Date: October 22, 2019
Time: 9:00 a.m.
18 Dept.: 19
Judge: Honorable Judge Kirwan
19
Complaint Filed: October 25, 2017
20 Trial Date: Not Yet Set
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“ts
DEFENDANTS MATRIX’ AND ALVARADO’S STATEMENT OF DEMURRERS
\\fileserver02\ROOT1\GEN-INS\1089\SF0043\Pleadings\Demurrer 005\Demurrers - Statement of Demurrers.docx
COME NOW Defendants MATRIX REAL ESTATE SERVICES, INC., sued herein as
MATRIX ASSOCIATION MANAGEMENT (“Matrix”) and DAVID ALVARADO (“Alvarado”) and
hereby respectfully file and serve this Statement of Demurrers to Plaintiffs’ “Third Amended Complaint
For Trespass, Conversion, Intentional Interference With Prospective Economic Advantage, Breach Of
Contract, Declaratory Relief, Fraud, Negligent Misrepresentation; and Unlawful Business Practices”
(the “TAC”) as follows:
Demurrers to the First Cause of Action (Trespass) (as to Matrix and Alvarado)
The first cause of action (trespass) does not state facts sufficient to constitute a cause of action
10 as to Matrix or its employee, Alvarado. CCP § 430.10().
11 The first cause of action (trespass) is uncertain because it does not state facts sufficient to show
12 Matrix or Alvarado was involved in disconnecting Plaintiffs’ gas line (in fact, the pleading
13 attributes physical disconnection of the gas line to non-party Aquatek Plumbing, which
14 allegedly was hired by Defendants Tang and Nguyen — see TAC | 22 at 8:19-23) and does not
15 state facts sufficient to show Matrix or Alvarado was part of a conspiracy to disconnect
16 Plaintiffs’ gas line or otherwise damage Plaintiffs. CCP § 430.10(f).
17
18 D uUrrers. the Second Car of Actio ‘onversion) (as to Mat, d Alvarado)
19 The second cause of action (conversion) does not state facts sufficient to constitute a cause of
20 action as to Matrix or its employee, Alvarado. CCP § 430.10(e).
21 The second cause of action (conversion) is uncertain because it does not state facts sufficient to
22 show Matrix or Alvarado was involved in disconnecting Plaintiffs’ gas line (in fact, the pleading
23 attributes physical disconnection of the gas line to non-party Aquatek Plumbing, which
24 allegedly was hired by Defendants Tang and Nguyen — see TAC §[ 22 at 8:19-23) and does not
25 state facts sufficient to show Matrix or Alvarado was part of a conspiracy to disconnect
26 Plaintiffs’ gas line or otherwise damage Plaintiffs. CCP § 430.10(4).
27
Demurrers to the Third Cause of Action (Intentional Interference with Prospectiv
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DEFENDANTS MATRIX’ AND ALVARADO’S STATEMENT OF DEMURRERS
\\fileserver02\ROOTI\GEN-INS\1089\SF0043\Pleadings\Demurrer 005\Demurrers - Statement of Demurrers.docx
Economic Advantage) (as to Matrix and Alvarado)
The third cause of action (intentional interference with prospective economic advantage) does
not state facts sufficient to constitute a cause of action as to Matrix or its employee, Alvarado.
CCP § 430.10(e).
The third cause of action (intentional interference with prospective economic advantage) is
uncertain because it does not state facts sufficient to show Matrix or Alvarado was involved in
disconnecting Plaintiffs’ gas line (in fact, the pleading attributes physical disconnection of the
gas line to non-party Aquatek Plumbing, which allegedly was hired by Defendants Tang and
Nguyen — see TAC [22 at 8:19-23) and does not state facts sufficient to show Matrix or
10 Alvarado was part of a conspiracy to disconnect Plaintiffs’ gas line or otherwise damage
11 Plaintiffs. CCP § 430.10(f).
12
13 murrers to the Seventh se of Acti ent Mis! resentatio!
14 The seventh cause of action (negligent misrepresentation) does not state facts sufficient to
15 constitute a cause of action as to Matrix or its employee, Alvarado. CCP § 430.10(e).
16 The seventh cause of action (negligent misrepresentation) is uncertain because the TAC alleges
17 facts which exonerate Matrix and its employee (Alvarado) from the misrepresentation claim,
18 which are logically incompatible with a misrepresentation claim against Matrix and/or
19 Alvarado, and which as a matter of law cannot constitute a misrepresentation such as to support
20 this cause of action. CCP § 430.10(f).
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3.
DEFENDANTS MATRIX’ AND ALVARADO’S STATEMENT OF DEMURRERS
\\fileserver02\ROOTI\GEN-INS\1089\SF0043\Pleadings\Demurrer 005\Demurrers - Statement of Demurrers.docx.
Demurrers to the Eighth Cause of Action (Unlawful Business Practices)
9. The eighth cause of action (unlawful business practices) does not state facts sufficient to
constitute a cause of action as to Matrix or its employee, Alvarado. CCP § 430.10(e).
10. The eighth cause of action (unlawful business practices) is uncertain because the TAC fails to
allege actions by or attributable to Matrix and/or Alvarado which constitute unfair business
practices — it is therefore uncertain what the alleged basis for this cause of action is.
Dated: May 9, 2019
LOW, BALL & LYNCH
10
11
GUY W. STILSON
12 Attorney for Defer ints
MATRIX REAL ESTATE SERVICES, INC.,
13 sued herein as MATRIX ASSOCIATION
MANAGEMENT and DAVID ALVARADO
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DEFENDANTS MATRIX’ AND ALVARADO’S STATEMENT OF DEMURRERS
\\fileserver02\ROOTI\GEN-INS\1089\SF0043\Pleadings\Demiurrer 005\Demurrers - Statement of Demurrers.docx
Document Filed Date
May 10, 2019
Case Filing Date
October 25, 2017
Category
Other Real Property Unlimited (26)
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GUY W. STILSON, SBN 142194 LOW, BALL & LYNCH 505 Montgomery Street, 7th Floor San Francisco, California 94111 Telephone: (415) 981-6630 Facsimile: (415) 982-1634 gstilson@lowball.com Attorney for Defendants MATRIX REAL ESTATE SERVICES, INC., sued herein as MATRIX ASSOCIATION MANAGEMENT and DAVID ALVARADO IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 10 11 SAN FRANCISCO PIZZA, INC., TAN No. 17CV318151 12 NGUYEN, NGHIA NGUYEN and KIM THUY HO, (Unlimited Jurisdiction) 13 Plaintiffs, 14 DEFENDANTS MATRIX’ AND vs. ALVARADO’S STATEMENT OF 15 DEMURRERS TO PL: TIFFS’ THIRD VIETNAM TOWN CONDOMINIUM AMENDED COMPLAINT 16 OWNERS ASSOCIATION, INC., et al. 17 Defendants. Date: October 22, 2019 Time: 9:00 a.m. 18 Dept.: 19 Judge: Honorable Judge Kirwan 19 Complaint Filed: October 25, 2017 20 Trial Date: Not Yet Set 21 22 23 24 25 26 27 28 “ts DEFENDANTS MATRIX’ AND ALVARADO’S STATEMENT OF DEMURRERS \\fileserver02\ROOT1\GEN-INS\1089\SF0043\Pleadings\Demurrer 005\Demurrers - Statement of Demurrers.docx COME NOW Defendants MATRIX REAL ESTATE SERVICES, INC., sued herein as MATRIX ASSOCIATION MANAGEMENT (“Matrix”) and DAVID ALVARADO (“Alvarado”) and hereby respectfully file and serve this Statement of Demurrers to Plaintiffs’ “Third Amended Complaint For Trespass, Conversion, Intentional Interference With Prospective Economic Advantage, Breach Of Contract, Declaratory Relief, Fraud, Negligent Misrepresentation; and Unlawful Business Practices” (the “TAC”) as follows: Demurrers to the First Cause of Action (Trespass) (as to Matrix and Alvarado) The first cause of action (trespass) does not state facts sufficient to constitute a cause of action 10 as to Matrix or its employee, Alvarado. CCP § 430.10(). 11 The first cause of action (trespass) is uncertain because it does not state facts sufficient to show 12 Matrix or Alvarado was involved in disconnecting Plaintiffs’ gas line (in fact, the pleading 13 attributes physical disconnection of the gas line to non-party Aquatek Plumbing, which 14 allegedly was hired by Defendants Tang and Nguyen — see TAC | 22 at 8:19-23) and does not 15 state facts sufficient to show Matrix or Alvarado was part of a conspiracy to disconnect 16 Plaintiffs’ gas line or otherwise damage Plaintiffs. CCP § 430.10(f). 17 18 D uUrrers. the Second Car of Actio ‘onversion) (as to Mat, d Alvarado) 19 The second cause of action (conversion) does not state facts sufficient to constitute a cause of 20 action as to Matrix or its employee, Alvarado. CCP § 430.10(e). 21 The second cause of action (conversion) is uncertain because it does not state facts sufficient to 22 show Matrix or Alvarado was involved in disconnecting Plaintiffs’ gas line (in fact, the pleading 23 attributes physical disconnection of the gas line to non-party Aquatek Plumbing, which 24 allegedly was hired by Defendants Tang and Nguyen — see TAC §[ 22 at 8:19-23) and does not 25 state facts sufficient to show Matrix or Alvarado was part of a conspiracy to disconnect 26 Plaintiffs’ gas line or otherwise damage Plaintiffs. CCP § 430.10(4). 27 Demurrers to the Third Cause of Action (Intentional Interference with Prospectiv 28 2- DEFENDANTS MATRIX’ AND ALVARADO’S STATEMENT OF DEMURRERS \\fileserver02\ROOTI\GEN-INS\1089\SF0043\Pleadings\Demurrer 005\Demurrers - Statement of Demurrers.docx Economic Advantage) (as to Matrix and Alvarado) The third cause of action (intentional interference with prospective economic advantage) does not state facts sufficient to constitute a cause of action as to Matrix or its employee, Alvarado. CCP § 430.10(e). The third cause of action (intentional interference with prospective economic advantage) is uncertain because it does not state facts sufficient to show Matrix or Alvarado was involved in disconnecting Plaintiffs’ gas line (in fact, the pleading attributes physical disconnection of the gas line to non-party Aquatek Plumbing, which allegedly was hired by Defendants Tang and Nguyen — see TAC [22 at 8:19-23) and does not state facts sufficient to show Matrix or 10 Alvarado was part of a conspiracy to disconnect Plaintiffs’ gas line or otherwise damage 11 Plaintiffs. CCP § 430.10(f). 12 13 murrers to the Seventh se of Acti ent Mis! resentatio! 14 The seventh cause of action (negligent misrepresentation) does not state facts sufficient to 15 constitute a cause of action as to Matrix or its employee, Alvarado. CCP § 430.10(e). 16 The seventh cause of action (negligent misrepresentation) is uncertain because the TAC alleges 17 facts which exonerate Matrix and its employee (Alvarado) from the misrepresentation claim, 18 which are logically incompatible with a misrepresentation claim against Matrix and/or 19 Alvarado, and which as a matter of law cannot constitute a misrepresentation such as to support 20 this cause of action. CCP § 430.10(f). 21 \\ 22 \\ 23 \\\ 24 \\ 25 \ 26 WW 27 \\\ 28 \\ 3. DEFENDANTS MATRIX’ AND ALVARADO’S STATEMENT OF DEMURRERS \\fileserver02\ROOTI\GEN-INS\1089\SF0043\Pleadings\Demurrer 005\Demurrers - Statement of Demurrers.docx. Demurrers to the Eighth Cause of Action (Unlawful Business Practices) 9. The eighth cause of action (unlawful business practices) does not state facts sufficient to constitute a cause of action as to Matrix or its employee, Alvarado. CCP § 430.10(e). 10. The eighth cause of action (unlawful business practices) is uncertain because the TAC fails to allege actions by or attributable to Matrix and/or Alvarado which constitute unfair business practices — it is therefore uncertain what the alleged basis for this cause of action is. Dated: May 9, 2019 LOW, BALL & LYNCH 10 11 GUY W. STILSON 12 Attorney for Defer ints MATRIX REAL ESTATE SERVICES, INC., 13 sued herein as MATRIX ASSOCIATION MANAGEMENT and DAVID ALVARADO 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. DEFENDANTS MATRIX’ AND ALVARADO’S STATEMENT OF DEMURRERS \\fileserver02\ROOTI\GEN-INS\1089\SF0043\Pleadings\Demiurrer 005\Demurrers - Statement of Demurrers.docx