DemurrerCal. Super. - 6th Dist.March 2, 2021U-BUJIQ >--»- >-©\OOO\lO'\ >->-.-.-n-->-»-->- ~OOO\lO\UI-l>.UJI\) DOUGLAS SCOTT MAYNARD (SBN 90649) LAW OFFICES OF MAYNARD & HOGAN 1 151 Minnesota Avenue San Jose, CA 95125 Telephone: (408) 293-8500 Facsimile: (408) 293-8507 Attorney for Defendants Michael and Frances Hart, Tracy Hart-DeGregorio, and Gail Hart SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA FREDERICK HART, JR., Case No: 21CV378991 Plaintiff, DEFENDANTS’ NOTICE OF DEMURRER & DEMURRER TO VERIFIED COMPLAINT vs. Date: Time: Dept: APJ : MICHAEL HART, FRANCES HART, TRACY HART-DEGREGORIO and GAIL HART Honorable Defendants. NOTICE OF DEMURRER AND DEMURRER TO VERIFIED COMPLAINT TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, PLEASE TAKE NOTICE THAT DEFENDANTS MICHAEL HART, FRANCES HART, TRACY HART-DEGREGORIO AND GAIL HART HEREBY DEMUR TO THE VERIFIED COMPLAINT AND EACH AND EVERY CAUSE OF ACTION IN IT. A HEARING ON SAID DEMURRER WILL BE HELD ON AT 9:00 A.M. IN DEPARTMENT _ OF THE ABOVE ENTITLED COURT LOCATED AT 191 N. FIRST STREET, SAN JOSE, CALIFORNIA 95113. DEFENDANTS’ NOTICE OF DEMURRER AND DEMURRER TO VERIFIED COMPLAINT Hart v. Hart et al. Case No. 21CV378991 1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/14/2021 3:58 PM Reviewed By: M. Sorum Case #21CV378991 Envelope: 6848340 21CV378991 Santa Clara - Civil M. Sorum 7 9:00am 11-02-2021 Christopher G. Rudy 11-02-2021 7 -IA .-»- #-O\O0O\IO\U1 N.-.-.-._.._.._._-.- oxoocxxoxmaxww Ix) >-- Ix) I\) Ix) DJ I\) -l> Ix) UI Ix) Ox Ix) \I Ix) 00 GROUNDS FOR DEMURRER T0 COMPLAINT The demurrer to the Verified Complaint is made on the grounds that: A. THE VERIFIED COMPLAINT DOES NOT DESCRIBE THE INTERESTS OF THE PARTIES AS REQUIRED BY CODE OF CIVIL PROCEDURE §872.230. B. THE VERIFIED COMPLAINT DOES NOT ALLEGE THAT FRANCES HART HAS ANY INTEREST IN THE PROPERTY, SO THERE IS NO CAUSE OF ACTION STATED AGAINST FRANCES HART. C. THE VERIFIED COMPLAINT IS DEFECTIVE BECAUSE IT ALLEGES THAT PLAINTIFF INHERITED A 25% INTEREST IN THE PROPERTY WHEN JUDICIALLY NOTICED DOCUMENTS INDICATE THAT HE HAD NO SUCH INHERITANCE. D. THE VERIFIED COMPLAINT IS DEFECTIVE BECAUSE THE PROPERTY WAS SOLD BY THE ESTATE TO DEFENDANTS MICHAEL AND FRANCES HART, AND THIS PROPERTY WAS NOT PART OF THE ESTATE. E. THE VERIFIED COMPLAINT IS INCONSISTENT WITH A PRIOR LAWSUIT INVOLVING THE SAME SUBJECT MATTER, WHERE PLAINTIFF ALLEGED HE HAD AN ORAL AGREEMENT TO AC! QUIRE HIS CLAIMED 25% INTEREST IN THE PROPERTY. F. THE COMPLAINT DOES NOT SPECIFY IF THE AGREEMENTS IN PARAGRAPHS 12 AND 13 OF THIS ACTION WERE WRITTEN OR ORAL. G. THE VERIFIED COMPLAINT DOES NOT PROVIDE THE ESSENTIAL TERMS OF THAT AGREEMENT. H. THERE IS NO CONSIDERATION FOR THE AGREEMENT THAT IS ALLEGED IN THE PRIOR ACTION. 1. THE DOCUMENT ATTACHED AS EXHIBIT “A” TO THE VERIFIED COMPLAINT IS BASED ON AN AGREEMENT WITHOUT CONSIDERATION. J. THE DOCUMENT ATTACHED AS EXHIBIT “A” TO THE COMPLAINT VIOLATES THE STATUTE OF FRAUDS. K. THE DOCUMENT ATTACHED AS EXHIBIT “A” TO THE VERIFIED COMPLAINT IS NOT SIGNED BY THE OTHER ALLEGED OWNERS OF THE PROPERTY. DEFENDANTS’ NOTICE OF DEMURRER AND DEMURRER TO VERIFIED COMPLAINT Hart v. Hart at al. Case No. 2lCV37899l 2 .--»-->---»--»-»-- »- \)O\LlI-l>UJI\.) ©\OOO\lO\ This motion is based on this notice, Defendants’ accompanying Request For Judicial Notice in Support of Demurrer and the accompanying Memorandum of Points and Authorities. This motion is further based on Code of Civil Procedure §§430.10(d), (e), (f) & (g), 430.30. Respectfully submitted, Dated: July 14, 2021 ouglas Scott Maynard, SBN 90649 Attorney for Defendants DEFENDANTS’ NOTICE OF DEMURRER AND DEMURRER TO VERIFIED COMPLAINT Hart V. Hart et al. Case No. 2lCV378991 3