Plainfiffs_and_cross_defendants_notice_of_general_and_special_demurrer_to_cross_complaint_DemurrerCal. Super. - 1st Dist.June 21, 2018S S OO XX NN OS JENNER & BLOCK LLP Christopher Rillo (SBN 112009) CRillo@jenner.com 633 West 5th Street Suite 3600 Los Angeles, CA 90071-2054 Telephone: +1213 239 5100 Facsimile: +1213 239 5199 Attorneys for Plaintiffs ELECTRONICALLY FILED Superior Court of California, County of San Francisco 11/06/2019 Clerk of the Court BY: JUDITH NUNEZ Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO BRENDA MOORE, et al, Plaintiffs, V. MEGAN ROHRER, et al, Defendants. AND ALL RELATED CROSS-ACTION Case No. CGC-18-567512 PLAINTIFFS’AND CROSS DEFENDANTS’ NOTICE OF GENERAL AND SPECIAL DEMURRER AND DEMURRER TO CROSS COMPLAINT Reservation No: 011011205-07 DATE: December 5, 2019 TIME: 9:30 a.m. DEPT: 302 PLEASE TAKE NOTICE THAT cross defendants Brenda Moore, Andrea Murphy, Travis O’Hara, Bernice Lassiter, Adah Buike, Jeannie Wilson, James Rowley, Pamela Ryan and Sally Ann Ryan will move before the Honorable Ethan Schulman, Judge, California Superior Court, Department 302, 400 McAlister Street, San Francisco, California 94102, on Thursday December 5 at 9:30 AM, or as soon thereafter as counsel may be heard, for an order sustaining their general and special demurrer to Grace Evangelical Lutheran Church’s cross complaint on the following grounds: PLAINTIFFS’AND CROSS DEFENDANTS’ NOTICE OF GENERAL AND SPECIAL DEMURRER 2945966.2 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. General Demurrer to All Causes of Action-All causes of action fail to state facts sufficient to constitute a cause of action because the Church is sued in the complaint only as a nominal party and lacks standing to bring an action; 2 Special Demurrer to First, Second, Third and Fourth Causes of Action for Declaratory Relief-The First, Second, Third and Fourth Causes of Action fail to state facts sufficient to constitute a cause of action because they seek declaratory relief for claims already pleaded in the complaint, which the cross complaint attaches as an exhibit and expressly incorporates, and also seek relief for past conduct, as opposed to addressing future conduct as required by Cal.Civ.Code §1060; 3. Special Demurrer to Fifth Cause of Action for Intentional Interference with Prospective Business Advantage—The Fifth Cause of Action for interference with prospective business advantage fails to state facts sufficient to constitute a cause of action because it fails to allege any wrongful act under some independent legal measure that interfered with the prospective business advantage; 4, Special Demurrer to Sixth Cause of Action for Slander of Title—The Sixth Cause of Action for slander of title fails to state facts sufficient to constitute a cause of action because it fails to allege the actual publication, content of the publication and to whom it was published, which constituted the slander of title; Js Special Demurrer to Seventh Cause of Action—The Seventh Cause of Action of indemnity fails to state facts sufficient to constitute a cause of action because it is predicated on recovering damages or liability alleged in the complaint against the Church, but the complaint contains no such claims, and fails to allege that defendants owed a duty to the Church and that the Church did not participate in the wrongdoing, which are required elements for non-contractual implied indemnity; PLEASE TAKE NOTICE THAT this demurrer is based upon section 430.30 and the decisional authority interpreting that statute as well as the decisional authority interpreting the legal causes of action pleaded in the cross complaint. 2 PLAINTIFFS’AND CROSS DEFENDANTS’ NOTICE OF GENERAL AND SPECIAL DEMURRER 2945966.2 w o Oo 0 9 DS PLEASE TAKE NOTICE THAT this demurrer is based upon this Demurrer and Notice of Demurrer, Defendants’ Memorandum of Points and Authorities, the Cross Complaint, the Declaration of Christopher J. Rillo, any reply papers filed in support of the motion and such arguments of counsel as the Court may permit at the hearing. DATED: November iE, 2019 Respectfully Submitted, 2945966.2 A CHRISTOPHER J. RILLO Attorneys for Plaintiffs 3 PLAINTIFFS’AND CROSS DEFENDANTS’ NOTICE OF GENERAL AND SPECIAL DEMURRER
