On January 01, 1900 a
Motion,Ex Parte
was filed
involving a dispute between
Sepeda, James, Jr,
and
Bispham, Christopher L.,
Central California Conference Of Seventh-Day Adventists,
Central California Conference Of Seventh Day Adventists,
Johnson, Eric,
for 23 Unlimited - Other PI/PD/WD
in the District Court of Fresno County.
Preview
PHIL HIROSHIMA (SBN 50758)
ROBERT POSTAR (SBN 103538)
DEAN SCHIRMER (SBN 146409)
HIROSHIMA DAGGETT
10933 Trade Center Drive, Suite 108
Rancho Cordova, CA 95670 E-FILED
9/17/2020 1:32 PM
Telephone: (916) 228-8600 Superior Court of California
County of Fresno
Attorneys for Defendants
Central Califomia Conference of Seventh- By: |. Herrera, Deputy
Adventists dba Fresno Adventist Academy and
Eric Johnson sued herein as DOE 1
SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF FRESNO - UNLIMITED CIVIL
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12 JAMES SEPEDA, Case No. 18CECG01500
Plaintiff,
13 DEFENDANT DOE 1ERIC JOHNSON’S
vs.
DEMURRER TO COMPLAINT
Pie pm? 3m
14 CHRISTOPHER L. BISPHAM, an
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individual, CENTRAL CALIFORNIA.
CONFERENCE OF SEVENTH-DAY Dept. 503 (Hon. Kimberly A. Gaab)
16 ADVENTISTS, a Califomia corporation
doing business as FRESNO ADVENTIST Complaint filed: April 30, 2018
17 ACADEMY, and DOES 1-100, inclusive, Trial Date: V.
18 Defendants.
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20 TO PLAINTIFF AND TO HIS ATTORNEY OF RECORD:
21 Defendant Doe 1 Eric Johnson (hereinafter referred to as “Defendant Doe 1 Johnson”) demurs to
22 each and every cause of action of the Plaintiff’s unverified Complaint on the grounds that Plaintiff does
23 not state facts sufficient
to constitute a cause of action pursuant
to CCP §430.10(e).
Demurrer to First Cause of Action - Assault
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(Against All Defendants)
26 The First Cause of Action of the Plaintiff’ s Complaint fails to state facts sufficient
to constitute a
27 cause of action for Assault against Defendant Doe 1 Johnson. CCP §430.10(e).
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DEFENDANT DOE 1 ERIC JOHNSON’S DEMURRER TO COMPLAINT
Demurrer to Second Cause of Action - Battery and Sexual Assault
(Cal. Civ. Code §1708.5 - Against All Defendants)
The Second Cause of Action of the Plaintiff’ s Complaint fails to state facts sufficient
to constitute
acause of action for Battery and Sexual Assault against Defendant Doe 1 Johnson. CCP §430.10(e).
Demurrer to Third Cause of Action - Negligence
(Against Defendants CCCSDA and Does 1-100)
The Third Cause of Action of the Plaintiff’s Complaint fails to state facts sufficient to constitute
acause of action for Negligence against Defendant Doe 1 Johnson. CCP §430.10(e).
Demurrer to Fourth C ause of Action - Negligence Hiring and Retention
(Against Defendants CCCSDA and Does 1-100)
10 The Fourth Cause of Action of the Plaintiff’ s Complaint fails to state facts sufficient
to constitute
acause of action for Negligent Hiring and Retention against Defendant Doe 1 Johnson. CCP §430.10(e).
11
12 Demurrer to Fifth Cause of Action - Negligent Supervision
(Against Defendants CCCSDA and Does 1-100)
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The Fifth Cause of Action of the Plaintiffs Complaint fails to state facts sufficient to constitute
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acause of action for Negligent Supervision against Defendant Doe 1 Johnson. CCP §430.10(e).
15
Demurrer to Sixth Cause of Action - Negligent Failure to Warn
16 (Against Defendants CCCSDA and Does 1-100)
17 The Sixth Cause of Action of the Plaintiff’ s Complaint fails to state facts sufficient to constitute
18 acause of action for Negligent Failure to Wam against Defendant Doe 1 Johnson. CCP §430.10(e).
19
Demurrer to Seventh C ause of Action - Negligence Per Se
20 (Against All Defendants)
The Seventh Cause of Action of the Plaintiff’ s Complaint fails to state facts sufficient
to constitute
21
acause of action for Negligence Per Se against Defendant Doe 1 Johnson. CCP §430.10(e).
22
23 Demurrer to Ninth Cause of Action - Premises Liability
(Against Defendants CCCSDA and Does 1-10)
The Ninth Cause of Action of the Plaintiff’ s Complaint fails to state facts sufficient to constitute
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acause of action for Premises Liability against Defendant Doe 1 Johnson. CCP §430.10(e).
26
Demurrer to Tenth Cause of Action - Intentional Infliction of Emotional Distress
27 (Against All Defendants)
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DEFENDANT DOE 1 ERIC JOHNSON’ S DEMURRER TO COMPLAINT
The Tenth Cause of Action of the Plaintiff’ s Complaint fails to state facts sufficient to constitute
acause of action for Negligent Supervision against Defendant Doe 1 Johnson. CCP §430.10(e).
Demurrer to Eleventh C ause of Action - Negligent Infliction of Emotional Distress
(Against Defendants CCCSDA and Does 1-100)
The Eleventh Cause of Action of the Plaintiff's Complaint fails to state facts sufficient to
constitute a cause of action for Negligent Infliction of Emotional Distress against Defendant Doe 1
Johnson. CCP §430.10(e).
Defendant Doe 1 Johnson
prays that this demurrer be sustained without leave to amend, that
Plaintiff
take nothing by his complaint, and that Defendant
Doe 1 Johnson have judgment on said causes
10 of action for costs, and for all other relief the court deems proper.
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Dated: September
16, 2020 HIROSHIMA DAGGETT
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13 J
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By:
15 Robert Postar
16 Attomey for Defendant
Central Califomia Conference of Seventh-day
17 Adventists dba Fresno Adventist Academy and
Eric Johnson sued herein as DOE 1
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DEFENDANT DOE 1 ERIC JOHNSON’ S DEMURRER TO COMPLAINT
PROOF OF SERVICE
I, Lori Martin, declare:
Tama resident of and employed in the County of Sacramento, State of Califomia. I am over the
age of 18 years and not a party to the within action. My business address is 10933 Trade Center Drive,
Suite 108, Rancho Cordova, Califomia 95670.
On September 16, 2020, I served the following documents on the parties in this action:
BY ELECTRONIC SERVICE: (to individual persons) By electronically transmitting the
document(s) listed above to the email address(es) of the person(s) set forth on the attached
service list. The transmission was reported as complete without enor. See Rules of Court
2.260and Emergency Rule 12.
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ATTORNEY FOR PLAINTIFF: ATTORNEY FOR DEF. C. BISPHAM:
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Stephen R. Comwell, Esq. James D. Weakley, Esq.
12 Comwell & Sample, LLP Weakley & Arendt
7045 N. Fruit Avenue A Professional Corporation
13 Fresno, CA 93711-7061 5200 N. Palm Avenue, Suite 211
Tel.: (559) 431-3142 Fresno, CA 93704
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Fax: (559) 436-1135 Tel: (559) 221-5256
15 Email: steve@comwellsample.com Fax: (559) 221-5262
Jim@walaw-fresno.com
16 CO-COUNSEL FOR PLAINTIFF mana@walaw-fresno.com
Vemon “Jim” Reynolds, Esq. www.welaw-fresno.com
17 Law Offices of Darryl B. Freedman
3705 West Beechwood Ave.
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Fresno, CA 93711
19 Tel.: (559) 447-9000
Fax: (559) 447-9100
20 Email: JimR@DarrylFreedman.com.
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I declare
under penalty of perjury under the laws of the State of Califomia that the foregoing is true
22 and correct, and that this declaration was executed on September 16, 2020, at Rancho Cordova, Califomia.
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Lon Martin
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DEFENDANT DOE 1 ERIC JOHNSON’ S DEMURRER TO COMPLAINT
Document Filed Date
September 17, 2020
Case Filing Date
January 01, 1900
Category
23 Unlimited - Other PI/PD/WD
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