Plaintiff's Reply Memorandum Supporting Their Motion for Reconsideration of Order Granting Demurrer - Memorandum

Case: Johnson Brothers, a partnership vs Bianchi, James et al    

Case Overview

On April 6, 2020 case was filed by Johnson Brothers, A Partnership, against Bianchi, James, Fenix Farms, A Partnership, and Fenix Farms, A Corporation, in the jurisdiction of Butte County.

						

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Mark Johnson (142984) FF __Superior Court of California = Attorney at Law | County of Butte | 2531 Forest Avenue Suite 100 Chico California 95928 L L (530) 345-6801 E E [email protected] D D Kings Fy Mgt, Clerk Attomey for Johnson Brothers, a partnership By ee Ne Ot CALIFORNIA STATE COURT BUTTE COUNTY JOHNSON BROTHERS, a partnership Plaintiff, CASE NO. 20CV00844 Johnson Brothers’ Reply Memorandum Supporting Their Motion for Reconsideration of Order Granting Demurrer to Complaint ve FENIX FARMS, a corporation, FENIX FARMS, a partnership, JAMES BIANCHI, individually and Date: November 18, 2020 ee eee as a partner of FENIX FARMS, and DOES 1-20, Time: 9:00 a.m. inclusive, Dept: 10 Defendants. INTRODUCTION The Johnson Brothers submits this reply supporting its motion for reconsideration of the order sustaining defendants’ demurrer and refuting defendants’ opposition to the granting of plaintiffs’ motion for reconsideration. DISCUSSION 1. The Defendants have Failed to Show any Grounds on which to Deny the Plaintiffs’ Motion for Reconsideration. The defendants’ demurrer was sustained on the assumption that plaintiff's repossession of the defendant’s equipment terminated the contract in September 2012 and started the running of the four year statute of limitations. “Based upon Plaintiff’s repossession and subsequent sale of 13002\P201111Pr.wpd 1 Johnson Brothers’ Reply Memorandum Supporting Motion for ReconsiderationCO ND HW YW NY & NR MN NY De ee ee ei ea ei RBNwR...