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1 PAUL DAVID MAROTTA (State Bar No. 111812)
MEGAN JEANNE (State Bar No. 251294)
2 THE CORPORATE LAW GROUP 7/8/2020
1342 ROLLINS ROAD
3 BURLINGAME, CA 94010
Telephone: (650) 227-8000
4 Facsimile: (650) 227-8001
5 Attorneys for Defendant
BLOCKCHAIN GENERATION, LLC
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF SAN MATEO
9 1WORLD ONLINE, INC., a California ) Case No. 20-CIV-01481
corporation, )
10 ) JO INDER IN DEMURRER AND
Plaintiff, ) MOTION TO STRIKE
11 )
v. ) Date: August 11, 2020
12 ) Time: 1:30 p.m.
BLOCKCHAIN GENERATION, an ) Place: Law & Motion
13 unknown business entity, MATTHEW )
GRIMM, an individual, and DOES 1 through ) Case Filed: March 6, 2020
14 50, inclusive, )
) Trial Date: Not Set
15 Defendants. )
~~~~~~~~~~- )
16
17 TO EACH PARTY AND THEIR ATTORNEY OF RECORD:
18 PLEASE TAKE NOTICE THAT DEFENDANT MATTHEW GRIMM hereby joins in the
19 demurrer and motion to strike brought by Defendant BLOCKCHAIN GENERATION, LLC to be
20 heard on August 11, 2020 at 1:30 p.m. before this Court in the Civil Law and Motion Department,
21 located at 400 County Center, Redwood City, California 94063 including (i) the demur to the third
22 cause of action in the Complaint, under California Code of Civil Procedure Sections 430.10(e) and
23 430.lO(f), on the grounds that the third cause of action does to state facts sufficient to constitute a
24 cause of action, and that it is uncertain, ambiguous, and unintelligible, and (ii) the motion to strike
25 paragraph 28, and to strike "$510,000" in paragraphs 29, 35, and paragraph 1 of the Prayer, which
26 amount is based on the allegations in paragraph 28.
27 The allegations of the Third Cause of Acton are alleged against Mr. Grimm in the same way
28 and on the same terms as alleged against Defendant Blockchain Generation, LLC and such claims
- 1-
JOINDER IN DEMURRER AND MOTION TO STRIKE
are as inappropriately alleged against Mr. Grimm as they are against Blockchain Generation, LLC.
2 Additionally the allegations of paragraphs 28, 29, and 35 of the complaint, and paragraph 1
3 of the prayer are inappropriately alleged in connection with contract damages and should be struck
4 with regard to Mr. Grimm as well as with regard to Blockchain Generation, LLC. Mr. Grimm
5 notes that he is not even a party to the alleged contract for which these inappropriate damages are
6 alleged.
7 DEMURRER TO THIRD CAUSE OF ACTION BY BLOCKCHAIN GENERATION
8 The third cause of action in Plaintiffs Complaint does to state facts sufficient to constitute a
9 cause of action in that it (i) does not identify any business practice engaged in by Matt Grimm, (ii)
10 does not identify how any such business practice is unlawful, unfair, or fraudulent, and (iii) does
11 not identify what injunctive or restitutional remedy is sought by Plaintiff, and therefore under
12 California Code of Civil Procedure Section 430.lO(e) does not state facts sufficient to constitute a
13 cause of action under California Business and Professions Code Section 17200.
14 Additionally, the third cause of action in Plaintiffs Complaint is unclear, ambiguous, and
15 unintelligible in that it is unclear as to (i) what business practice Matt Grimm is supposed to have
16 engaged, (ii) how any such business practice is unlawful, unfair, or fraudulent, and (iii)what
17 injunctive or restitutional remedy is sought by Plaintiff, and therefore under California Code of
18 Civil Procedure Section 430.1 O(f) is uncertain.
19 Dated: July 8, 2020 THE CORPORATE LAW GROUP
20
21 By:
PAUL MAROTTA, Attorneys for
22 Blockchain Generation, LLC
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JOINDER IN DEMURRER AND MOTION TO STRIKE
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF SAN MATEO
3 I am employed in the County of San Mateo, State of California. I am over the age of 18 and
4 not a party to the within action. My business address is 1342 Rollins Road, Burlingame, California
5 94010.
6 On the date below, I served the following documents:
7 JO IND ER IN DEMURRER AND MOTION TO STRIKE
8 On the parties in this action as follows:
9 Mimi Ahn, Esq.
Kahana & Feld, LLP
10 2603 Main Street, Suite 350
Irvine, CA 92614
11 mahn@kahanafeld.com
12
13 X (BY MAIL) I placed a true copy of the above-named document(s) in a sealed envelope,
with postage thereon fully prepaid, for collection and mailing in the United States mail at
14 Burlingame, California, following our ordinary business practices. I am readily familiar
with the practices of this law office for collection and processing of correspondence for
15 mailing, said practice being that in the ordinary course of business, mail is deposited in the
United States Postal Service the same day as it is placed for collection.
16
(BY EMAIL) I caused the documents to be sent from email address paul@tclg.com to the
17 email addresses above. I did not receive, within a reasonable time after transmission, any
electronic message or other indication that the transmission was unsuccessful.
18
(BY PERSONAL SERVICE) I personally delivered a true copy of the above-named
19 documents to the parties indicated at the above address.
20 (BY OVERNIGHT DELIVERY) I placed a true copy of the above-named document(s) in
a sealed envelope for collection and delivery via Federal Express Mail, at Burlingame,
21 California.
22
I declare under penalty of perjury under the laws of the State of California that the above is
23 true and correct. Executed at Burlingame, California, on July 8, 2020.
24
25
Paul Marotta
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PROOF OF SERVICE
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1 PAUL DAVID MAROTTA (State Bar No. 111812) MEGAN JEANNE (State Bar No. 251294) 2 THE CORPORATE LAW GROUP 7/8/2020 1342 ROLLINS ROAD 3 BURLINGAME, CA 94010 Telephone: (650) 227-8000 4 Facsimile: (650) 227-8001 5 Attorneys for Defendant BLOCKCHAIN GENERATION, LLC 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF SAN MATEO 9 1WORLD ONLINE, INC., a California ) Case No. 20-CIV-01481 corporation, ) 10 ) JO INDER IN DEMURRER AND Plaintiff, ) MOTION TO STRIKE 11 ) v. ) Date: August 11, 2020 12 ) Time: 1:30 p.m. BLOCKCHAIN GENERATION, an ) Place: Law & Motion 13 unknown business entity, MATTHEW ) GRIMM, an individual, and DOES 1 through ) Case Filed: March 6, 2020 14 50, inclusive, ) ) Trial Date: Not Set 15 Defendants. ) ~~~~~~~~~~- ) 16 17 TO EACH PARTY AND THEIR ATTORNEY OF RECORD: 18 PLEASE TAKE NOTICE THAT DEFENDANT MATTHEW GRIMM hereby joins in the 19 demurrer and motion to strike brought by Defendant BLOCKCHAIN GENERATION, LLC to be 20 heard on August 11, 2020 at 1:30 p.m. before this Court in the Civil Law and Motion Department, 21 located at 400 County Center, Redwood City, California 94063 including (i) the demur to the third 22 cause of action in the Complaint, under California Code of Civil Procedure Sections 430.10(e) and 23 430.lO(f), on the grounds that the third cause of action does to state facts sufficient to constitute a 24 cause of action, and that it is uncertain, ambiguous, and unintelligible, and (ii) the motion to strike 25 paragraph 28, and to strike "$510,000" in paragraphs 29, 35, and paragraph 1 of the Prayer, which 26 amount is based on the allegations in paragraph 28. 27 The allegations of the Third Cause of Acton are alleged against Mr. Grimm in the same way 28 and on the same terms as alleged against Defendant Blockchain Generation, LLC and such claims - 1- JOINDER IN DEMURRER AND MOTION TO STRIKE are as inappropriately alleged against Mr. Grimm as they are against Blockchain Generation, LLC. 2 Additionally the allegations of paragraphs 28, 29, and 35 of the complaint, and paragraph 1 3 of the prayer are inappropriately alleged in connection with contract damages and should be struck 4 with regard to Mr. Grimm as well as with regard to Blockchain Generation, LLC. Mr. Grimm 5 notes that he is not even a party to the alleged contract for which these inappropriate damages are 6 alleged. 7 DEMURRER TO THIRD CAUSE OF ACTION BY BLOCKCHAIN GENERATION 8 The third cause of action in Plaintiffs Complaint does to state facts sufficient to constitute a 9 cause of action in that it (i) does not identify any business practice engaged in by Matt Grimm, (ii) 10 does not identify how any such business practice is unlawful, unfair, or fraudulent, and (iii) does 11 not identify what injunctive or restitutional remedy is sought by Plaintiff, and therefore under 12 California Code of Civil Procedure Section 430.lO(e) does not state facts sufficient to constitute a 13 cause of action under California Business and Professions Code Section 17200. 14 Additionally, the third cause of action in Plaintiffs Complaint is unclear, ambiguous, and 15 unintelligible in that it is unclear as to (i) what business practice Matt Grimm is supposed to have 16 engaged, (ii) how any such business practice is unlawful, unfair, or fraudulent, and (iii)what 17 injunctive or restitutional remedy is sought by Plaintiff, and therefore under California Code of 18 Civil Procedure Section 430.1 O(f) is uncertain. 19 Dated: July 8, 2020 THE CORPORATE LAW GROUP 20 21 By: PAUL MAROTTA, Attorneys for 22 Blockchain Generation, LLC 23 24 25 26 27 28 -2- JOINDER IN DEMURRER AND MOTION TO STRIKE 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SAN MATEO 3 I am employed in the County of San Mateo, State of California. I am over the age of 18 and 4 not a party to the within action. My business address is 1342 Rollins Road, Burlingame, California 5 94010. 6 On the date below, I served the following documents: 7 JO IND ER IN DEMURRER AND MOTION TO STRIKE 8 On the parties in this action as follows: 9 Mimi Ahn, Esq. Kahana & Feld, LLP 10 2603 Main Street, Suite 350 Irvine, CA 92614 11 mahn@kahanafeld.com 12 13 X (BY MAIL) I placed a true copy of the above-named document(s) in a sealed envelope, with postage thereon fully prepaid, for collection and mailing in the United States mail at 14 Burlingame, California, following our ordinary business practices. I am readily familiar with the practices of this law office for collection and processing of correspondence for 15 mailing, said practice being that in the ordinary course of business, mail is deposited in the United States Postal Service the same day as it is placed for collection. 16 (BY EMAIL) I caused the documents to be sent from email address paul@tclg.com to the 17 email addresses above. I did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission was unsuccessful. 18 (BY PERSONAL SERVICE) I personally delivered a true copy of the above-named 19 documents to the parties indicated at the above address. 20 (BY OVERNIGHT DELIVERY) I placed a true copy of the above-named document(s) in a sealed envelope for collection and delivery via Federal Express Mail, at Burlingame, 21 California. 22 I declare under penalty of perjury under the laws of the State of California that the above is 23 true and correct. Executed at Burlingame, California, on July 8, 2020. 24 25 Paul Marotta 26 27 28 -I - PROOF OF SERVICE