XCVI, LLC v. Alpha Capital, LLC
DEMURRER TO CROSS-COMPLAINT AND MOTION TO STRIKE
MOVING PARTY: Plaintiff/Cross-Defendant XCVI, LLC
RESPONDING PARTY(S): Defendant/Cross-Complainant Alpha Capital, LLC.
Counsel are admonished to fully comply with CCP § 1005(b) regarding the service of motions. The instant motion was served only by email on March 7, 2017. No agreement to accept service by email was filed with the Court, as required by CRC Rule 2.551(b)(1)(A). However, an opposition was filed on the merits without objection to service, thereby waiving any such
objection.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiff alleges that Defendants engaged in a scheme to acquire title to unpaid inventory shipped to no-party Meesh & Mia via a private foreclosure, and that the inventory was eventually transferred back to the former owner of Meesh & Mia who now owns Saw Something Shiny (going under the alternate names Elizabeth Turley/Lizabeth Fausnight).
Plaintiff/Cross-
Hearing Date
April 18, 2017
Type
Fraud (no contract) (General Jurisdiction)
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XCVI, LLC v. Alpha Capital, LLC
DEMURRER TO CROSS-COMPLAINT AND MOTION TO STRIKE
MOVING PARTY: Plaintiff/Cross-Defendant XCVI, LLC
RESPONDING PARTY(S): Defendant/Cross-Complainant Alpha Capital, LLC.
Counsel are admonished to fully comply with CCP § 1005(b) regarding the service of motions. The instant motion was served only by email on March 7, 2017. No agreement to accept service by email was filed with the Court, as required by CRC Rule 2.551(b)(1)(A). However, an opposition was filed on the merits without objection to service, thereby waiving any such
objection.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiff alleges that Defendants engaged in a scheme to acquire title to unpaid inventory shipped to no-party Meesh & Mia via a private foreclosure, and that the inventory was eventually transferred back to the former owner of Meesh & Mia who now owns Saw Something Shiny (going under the alternate names Elizabeth Turley/Lizabeth Fausnight).
Plaintiff/Cross-