Notice of Hearing no fee

Cal. Super. - 6th Dist.September 24, 2020

Redwood City R0 P E RS A Professional Corporation MAJESK 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V371 1 23 Santa Clara - Civil DHa ENRIQUE MARINEZ (SBN 160956) Electronically Filed ROPERS MAJESKI PC by Superior Court of CA, 1001 Marshall Street, 5th Floor county of Santa c|ara’ Redwood Citya CA 94063 on 1129/2021 3:00 PM Telephone: 650.364.8200 Facsimile: 650.780.1701 Email: enrique.marinez@ropers.com Reviewed By: D Harris Case #20CV371 123 Envelope: 5743697 Attorneys for Defendant ROPERS MAJESKI PC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA FATHOM ENGINEERING, Case N0. 20CV371 123 Plaintiff, DEFENDANT ROPERS MAJESKI PC'S NOTICE OF DEMURRER AND V. DEMURRER TO PLAINTIFF'S COMPLAINT ROPERS MAJESKI, A PROFESSIONAL CORPORATION, formerly ROPERS, Date: MAJESKI, KOHN & BENTLEY, PC, DOES 1 Time: 9:00 am. through 20, inclusive, Dept: 20 Judge: Hon. Socrates P. Manoukian Defendants. Action Filed: September 24, 2020 NOTICE OF DEMURRER TO ALL PARTIES AND THEIR COUNSEL OF RECORD HEREIN: PLEASE TAKE NOTICE that on , at 9:00 a.m., or as soon thereafter as the matter may be heard, in Department 20 of the above-captioned court, located at 191 North First Street, San Jose, California, Defendant Ropers Majeski PC Will and hereby does demur to Plaintiff‘s Complaint in its entirety pursuant t0 California Code 0f Civil Procedure §430.10, in that the Complaint does not state facts sufficient t0 constitute a Viable cause 0f action, including applicable statute of limitations With respect t0 Counts for oral contract, unjust enrichment and quantum meruit, and the pleading is uncertain. This Demurrer is based 0n this Notice, the Demurrer, the Memorandum of Points and Authorities, the Declaration of Enrique Marinez submitted herewith, all papers and pleadings on 4813-8769-5576.1 DEFENDANT ROPERS MAJESKI PC’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT 4-29-21 4-29-21 A Professional Corpo ration ROPERS Redwood City MAJESK A “GUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 file herein, and upon such oral argument 0r documentary evidentiary as the Court may allow at the hearing 0f this matter. Dated: January 29, 2021 ROPERS MAJESKI PC ROPERS MAJESKI PC DEMURRER Defendant hereby demurs to Plaintiffs Complaint in its entirety as follows: DEMURRER T0 ALL CLAIMS Plaintiff s Complaint, and all causes 0f action therein, are subject t0 demurrer on the ground that the pleading is uncertain Within the meaning ofCode of Civil Procedure §430.10(f) and fails to state a claim pursuant to §430. 1 O(e). DEMURRER TO CAUSE OF ACTION NO. 1 This cause of action fails to state facts sufficient to constitute a cause of action. Cal. CiV. Proc. Code §430. 10(6). Plaintiff has failed to sufficiently allege the existence of an actionable oral contract with Defendant, 0r otherwise adequately allege the elements of this claim. Defendant further demurs to this cause of action on the ground that it is uncertain pursuant to Code of Civil Procedure §430. 10(f). The claim also violates the applicable statute oflimitations. Thus, Defendant's demurrer should be sustained. DEMURRER T0 CAUSE OF ACTION NO. 2 This cause of action fails to state facts sufficient to constitute a cause of action. Cal. Civ. Proc. Code §430.10(e). Plaintiff has failed to sufficiently allege the existence 0f an actionable written contract With Defendant, or otherwise adequately allege the elements of this claim. Defendant fithher demurs to this cause of action on the ground that it is uncertain pursuant to Code 0f Civil Procedure §430. 10(f). Thus, Defendant's demurrer should be sustained. /// /// 4813-8769-5576.1 _ 2 _ DEFENDANT ROPERS MAJESKI PC’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT A Professional Corpo ration ROPERS Redwood City MAJESK 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEMURRER TO CAUSE 0F ACTION N0. 3 This cause of action fails t0 state facts sufficient to constitute a cause of action. Cal. Civ. Proc. Code §430. 10(e). Plaintiff has failed to sufficiently allege that Defendant received any benefit, or that Plaintiff suffered any resulting harm. Defendant further demurs to this cause of action on the ground that it is uncertain pursuant to Code of Civil Procedure §430.10(f). The claim also violates the applicable statute 0f limitations. Thus, Defendant's demurrer should be sustained. DEMURRER TO CAUSE 0F ACTION N0. 4 This cause of action fails t0 state facts sufficient to constitute a cause of action. Cal. Civ. Proc. Code §430. 10(e). Plaintiff has failed to sufficiently allege what, if any, work Defendant received as a result 0f the alleged efforts of Plaintiff. Defendant further demurs t0 this cause 0f action on the ground that it is uncertain pursuant to Code of Civil Procedure §430.10(f). The claim also violates the applicable statute 0f limitations. Thus, Defendant's demurrer should be sustained. Dated: January 29, 2021 ROPERS MAJESKI PC ROPERS MAJESKI PC 4813-8769-5576.1 _ 3 _ DEFENDANT ROPERS MAJESKI PC’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT Redwood City RO P E RS |AProfessional Corporation MAJESKH A flak)! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NAME: Fathom Engineering v. Ropers Majeski, et al. ACTION NO.: 20CV371123 - Santa Clara County Superior Court PROOF OF SERVICE 1. At the time of service I was over 18 years of age and not a party to this action. 2. My business address is 1001 Marshall Street, 5th Floor, Redwood City, California 94063, County of San Mateo. 3. On January 29, 2021, I served the following documents: DEFENDANT ROPERS MAJESKI PC'S NOTICE OF DEMURRER AND DEMURRER T0 PLAINTIFF'S COMPLAINT 4. I served the documents 0n the persons at the address below (along with their fax numbers and/or email addresses if service was by fax 0r email): Matthew Mickelson Attorneys for Plaintiff Law Offices ofMatthew Mickelson Telephone: 8 1 8/382-3360 16055 Ventura Blvd., Suite 1230 Email: mafihew@mickelsonlegal.com Encino, CA 9 1436 5. I served the documents by the following means: a. U By United States mail: I enclosed the documents in a sealed envelope 0r package addressed t0 the persons at the addresses specified in item 4 and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar With this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course 0f business with the United States Postal Service, in a sealed envelope With postage fillly prepaid at the address listed in Paragraph 2 above. b. E By email or electronic transmission: In compliance With Code of Civil Procedure §1010.6, I sent the documents Via my electronic service address to the persons at the email addresses listed in item 4. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Date: January 29, 2021 E g . LAURABKQOZMIN 4818-5204-8082] PROOF OF SERVICE