On May 08, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Purcell-Murray Co.Inc,
Scanomat A S,
and
Scanomat A S,
Vibe-Petersen, Kim,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of San Mateo County.
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OGLOZA FORTNEY LLP
Darius Ogloza (CA Bar No 176983)
dogloza@oglozafortney corn
David C. Fortney (CA Bar No 226767)
dfortney@oglozafortney
Heather L. Potts
hpot ts@oglozafortney
corn
(CA Bar No
corn
246321) P
SAN MATEO
IL gt:OuNP gi
535 Pacific Avenue, Suite 201
SEP R 1 RN5
San Francisco, California 94133
Telephone (415) 912-1850 Qgk f g, et QOurI
Facsimile (415) 887-5349
gPPgly CQ3WC
Attorneys for Plamtiff and Cross-Defendant
Purcell-Murray Co, Inc
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN MATEO
UNLIMITEDCIVILJURISDICTION
12
13
PURCELL-MURRAYCO, INC, CASE NO. CIV533737
14
Plaintiffs PLAINTIFFAND CROSS-DEFENDANT
15 PURCELL-MURRAY CO., INC.'S NOTICE
OF DEMURRER AND DEMURRER TO
16 SCANOMAT A/S'S CROSS-COMPLAINT
KIMVIBE-PETERSEN, et al,
17 [Xottce ofMotion and Motton to Strike,
Defendant Consoltdated Memorandum ofPonzts and
18 Authorzttes f'tied herewith]
19 SCANOMAT A/S, Complaint Filed May 8, 2015
20 Cross-Plaintiff, Heanng
Date October 26, 2015
21 V. Time 9'00 a m.
Dept: Law and Motion
22 PURCELL-MURRAY CO, INC,
23 Cross-Defendant
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3- GTOZAFORTNEYLLP
ETQRNEYS AT LAIN
NOTICE OF DEMURRER AND DEMURRER
SAN FRANCISCO
1 NOTICE OF DEMURRER AND DEMURRER
2 TO THE COURT, THE PARTIES AND THEIR COUNSEL OF RECORD'
PLEASE TAKE NOTICE THAT on October 26, 2015 at 9 00 a.m., or as soon thereafter
4 as the matter may be heard, in the Law and Motion department of the above-entitled Court,
5 located at 400 County Center Redwood City, CA 94063, Plaintiff and Cross-Defendant
6 Purcell-Murray Co., Inc. ('Purcell-Murray" ) will and hereby does demur to Defendant and
7 Cross-Plamtiff Scanomat A/S's First Cause of Action for Breach of Contract, Second Cause of
8 Action for Intentional Interference with Prospective Economic Relations, Third Cause of Action
9 for Negligent Interference with Prospective Economic Relations, and Fourth Cause of Action for
10 Negligent Misrepresentation, as set forth m its Cross-Complaint. The Fourth Cause of Action is
11 also subject to a Motion to Strike filed concurrently herewith This Demurrer is based on the
12 Cross-Complamt (and exhibits thereto), this Notice of Demurrer and Demurrer, the
13 Consolidated Memorandum of Pomts and Authorities in support thereof, arguments presented at
14 the time of hearuig, and any other information which the Court deems appropriate and relevant
15 Purcell-Murray hereby demurs to the Third Amended Complamt as follows
16 First Cause of Action (Breach of Contract)
17 1. Purcell-Murray generally demurs to the First Cause of Action for Breach of
18 Contract pursuant to Code of Civil Procedure section 430.10(e) on the grounds that Plaintiffhas
19 failed to state facts sufficient to constitute a cause of action.
20 Second Cause of Action (Intentional Interference with Prosnective Economic
21 Relations)
22 2. Purcell-Murray generally demurs to the Second Cause of Action for Intentional
23 Interference with Prospective Economic Relations pursuant to Code of Civil Procedure section
24 430 10(e) on the grounds that Plamtiff has failed to state facts sufficient to constitute a cause of
25 action.
26 Third Cause of Action &eelieent Interference with Prosnective Economic
27 Relations)
28 3 Purcell-Murray generally demurs to the Tliird Cause of Action for Negligent
1
OSLOZR FORTNEY LLP
ATTORNEYS AT LAW
NOTICE OF DEMURRER AND DEMURRER
SAN FRANCISCO
1 interference with Prospective Economic Relations pursuant to Code of Civil Procedure section
2 430.10(e) on the grounds that Plaintiff has failed to state facts sufficient to constitute a cause of
3 action
4 Fourth Cause of Action (Negligent Misrenresentation)
5 4. Purcell-Murray generally demurs to the Fourth Cause of Action for Negligent
6 Misrepresentation pursuant to Code of Civil Procedure section 430 10(e) on the grounds that
7 Plamtiff has failed to state facts sufficient to constitute a cause of action
9 Dated: September 21, 2015 OGLOZA FORTNEY LLP
10
12 Darius Ogloza
13 Attorneys for Plaintiff and Cross-Defendant
PURCELL-MURRAY CO, INC
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2
OSLOZA FORTNEYLLP
ATTORNEYS AT LAW
NOTICE OF DEMURRER AND DEMURRER
SAN FRANCISCO
Document Filed Date
September 21, 2015
Case Filing Date
May 08, 2015
Category
(06) Unlimited Breach of Contract/Warranty
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OGLOZA FORTNEY LLP Darius Ogloza (CA Bar No 176983) dogloza@oglozafortney corn David C. Fortney (CA Bar No 226767) dfortney@oglozafortney Heather L. Potts hpot ts@oglozafortney corn (CA Bar No corn 246321) P SAN MATEO IL gt:OuNP gi 535 Pacific Avenue, Suite 201 SEP R 1 RN5 San Francisco, California 94133 Telephone (415) 912-1850 Qgk f g, et QOurI Facsimile (415) 887-5349 gPPgly CQ3WC Attorneys for Plamtiff and Cross-Defendant Purcell-Murray Co, Inc SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO UNLIMITEDCIVILJURISDICTION 12 13 PURCELL-MURRAYCO, INC, CASE NO. CIV533737 14 Plaintiffs PLAINTIFFAND CROSS-DEFENDANT 15 PURCELL-MURRAY CO., INC.'S NOTICE OF DEMURRER AND DEMURRER TO 16 SCANOMAT A/S'S CROSS-COMPLAINT KIMVIBE-PETERSEN, et al, 17 [Xottce ofMotion and Motton to Strike, Defendant Consoltdated Memorandum ofPonzts and 18 Authorzttes f'tied herewith] 19 SCANOMAT A/S, Complaint Filed May 8, 2015 20 Cross-Plaintiff, Heanng Date October 26, 2015 21 V. Time 9'00 a m. Dept: Law and Motion 22 PURCELL-MURRAY CO, INC, 23 Cross-Defendant 24 25 26 27 28 3- GTOZAFORTNEYLLP ETQRNEYS AT LAIN NOTICE OF DEMURRER AND DEMURRER SAN FRANCISCO 1 NOTICE OF DEMURRER AND DEMURRER 2 TO THE COURT, THE PARTIES AND THEIR COUNSEL OF RECORD' PLEASE TAKE NOTICE THAT on October 26, 2015 at 9 00 a.m., or as soon thereafter 4 as the matter may be heard, in the Law and Motion department of the above-entitled Court, 5 located at 400 County Center Redwood City, CA 94063, Plaintiff and Cross-Defendant 6 Purcell-Murray Co., Inc. ('Purcell-Murray" ) will and hereby does demur to Defendant and 7 Cross-Plamtiff Scanomat A/S's First Cause of Action for Breach of Contract, Second Cause of 8 Action for Intentional Interference with Prospective Economic Relations, Third Cause of Action 9 for Negligent Interference with Prospective Economic Relations, and Fourth Cause of Action for 10 Negligent Misrepresentation, as set forth m its Cross-Complaint. The Fourth Cause of Action is 11 also subject to a Motion to Strike filed concurrently herewith This Demurrer is based on the 12 Cross-Complamt (and exhibits thereto), this Notice of Demurrer and Demurrer, the 13 Consolidated Memorandum of Pomts and Authorities in support thereof, arguments presented at 14 the time of hearuig, and any other information which the Court deems appropriate and relevant 15 Purcell-Murray hereby demurs to the Third Amended Complamt as follows 16 First Cause of Action (Breach of Contract) 17 1. Purcell-Murray generally demurs to the First Cause of Action for Breach of 18 Contract pursuant to Code of Civil Procedure section 430.10(e) on the grounds that Plaintiffhas 19 failed to state facts sufficient to constitute a cause of action. 20 Second Cause of Action (Intentional Interference with Prosnective Economic 21 Relations) 22 2. Purcell-Murray generally demurs to the Second Cause of Action for Intentional 23 Interference with Prospective Economic Relations pursuant to Code of Civil Procedure section 24 430 10(e) on the grounds that Plamtiff has failed to state facts sufficient to constitute a cause of 25 action. 26 Third Cause of Action &eelieent Interference with Prosnective Economic 27 Relations) 28 3 Purcell-Murray generally demurs to the Tliird Cause of Action for Negligent 1 OSLOZR FORTNEY LLP ATTORNEYS AT LAW NOTICE OF DEMURRER AND DEMURRER SAN FRANCISCO 1 interference with Prospective Economic Relations pursuant to Code of Civil Procedure section 2 430.10(e) on the grounds that Plaintiff has failed to state facts sufficient to constitute a cause of 3 action 4 Fourth Cause of Action (Negligent Misrenresentation) 5 4. Purcell-Murray generally demurs to the Fourth Cause of Action for Negligent 6 Misrepresentation pursuant to Code of Civil Procedure section 430 10(e) on the grounds that 7 Plamtiff has failed to state facts sufficient to constitute a cause of action 9 Dated: September 21, 2015 OGLOZA FORTNEY LLP 10 12 Darius Ogloza 13 Attorneys for Plaintiff and Cross-Defendant PURCELL-MURRAY CO, INC 14 15 16 17 19 20 21 22 23 24 25 27 28 2 OSLOZA FORTNEYLLP ATTORNEYS AT LAW NOTICE OF DEMURRER AND DEMURRER SAN FRANCISCO