DemurrerCal. Super. - 6th Dist.April 1, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/19/2021 3:53 PM Reviewed By: L Del Mundo Case #21CV381434 Envelope: 6877634 SKAGGSIFAUCETTELLP WM U1 \OOONON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JASON M. SKAGGS (N0. 202190) SKAGGS FAUCETTE LLP Email: jason@skaggsfaucette.com 530 Lytton Avenue, 2nd Floor Palo Alto, CA 94301 Telephone: 650/617-3226 Facsimile: 650/644-0200 Attorneys for Defendant KATHERINE STRATTON AS TRUSTEE OF STRATTON SURVIVORS TRUST A AND AS TRUSTEE OF THE STRATTON BYPASS TRUST SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY MCPHARLIN SPRINKLES AND THOMAS No. 21cv381434 LLP, KATHERINE STRATTON’S NOTICE OF Plaintiffs, DEMURRER AND DEMURRER v. Time: Date: VASILI STRATTON, an individual, Dept: KATHERINE STRATTON AS TRUSTEE OF Judge: STRATTON SURVIVORS TRUST A, KATHERINE STRATTON AS TRUSTEE OF THE STRATTON BYPASS TRUST,THALIA STRATTON AS TRUSTEE OF THE STRATTON GRANDCHILDREN’S TRUST, SAMOS ENTERPRISES, LLC, a California limited liability company; and DOES 1 through 25, inclusive Defendants. K. STRATTON DEMURRER Drew Takaichi 2 10-26-2021 9:00am SKAGGSIFAUCETTELLP N bu) \OOONQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T0 ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on , 2021 at , or as soon thereafter as the matter may be heard, in Department__ of the Superior Court of California for the County of Santa Clara, located at 191 North First Street, San Jose, California, Defendant Katherine Stratton as Trustee 0f Stratton Survivors Trust A and as Trustee 0f the Stratton Bypass Trust (collectively, “Katherine Stratton”), will and hereby does demurrer t0 the Complaint in the above-referenced action. This Demurrer is based on this Notice of Demurrer and Demurrer, the accompanying Memorandum of Points and Authorities, the Declaration of Jason M. Skaggs Pursuant to CCP §430.41; all other papers on file in this action, and any briefs, authorities, or argument that may be presented before or at the hearing. DEMURRER Katherine Stratton will and hereby does demur to the Complaint 0n the following grounds: Miner to First Caruse 0f Actioxl (Interpfigder): 1. The First Cause of Action for Interpleader does not plead facts sufficient to constitute a cause of action as t0 the funds sought by Katherine Stratton. See CCP §430.10(e). DATED: July 19, 2021. Respectfully, By: Attorney for Plaintiff Katherine Stratton, Twstee Of The Stratton Survivor’s Trust A K. STRATTON DEMURRER _ 1 _ October 26 9:00am 2
