Thomas Mohler, Trustee vs Summer Breeze Investments

Demurrer to Amended Complaint

Cal. Super. - 4th Dist.June 20, 2017

NO 0 N N N n A W N B O N N N N N N N N N r m r m e s e m a ee t e m em pe pe 0 NN NN LL BR W N = O ND N N R E W I N D = O ELECTRONICALLY FILED H. James Keathley, SBN 110695 Superior Court of California, Katherine D. Keathley, SBN 151347 County of Orange KEATHLEY LLP re 2030 Main Street, Suite 210 1VRSINT = 03.030 Pu gine, California 92614 By Whatrye MY Jers, Deploys Bik 949-640-0714 (facsimile) jk@keathleylawyers.com Attorneys for Defendants SUMMER BREEZE INVESTMENTS, LLC, an Arizona Limited Liability Company, COUNTY RECORDS RESEARCH, INC., KURT DEMEIRE, ZACH LINDBORG SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER THOMAS MOHLER, TRUSTEE OF THE Case No.: 30-2017-00927063 TIERRA DEL ORO #5031 TRUST, Plaintiff, Case Assigned to Hon. John C. Gastelum Dept.: C-13 NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT BY DEFENDANTS SUMMER BREEZE INVESTMENTS, LLC, COUNTY RECORDS RESEARCH, INC,, KURT DEMEIRE, ZACH LINDBORG:; DECLARATION OF H. JAMES KEATHLEY VS. SUMMER BREEZE INVESTMENTS, LLC, COUNTY RECORDS RESEARCH, INC,, KURT DEMEIRE, ZACH LINDBORG, PINON CANYON LAND AND CATTLE COMPANY, and DOES 1 through 10, inclusive, Defendants. N r ” M t ? “ v a t “s a “s ea t “s un s “s et t? “m as t “s ua s “a ct “e at ? “v ai s “s un st ? “ s t “ e t t Date: January 9, 2018 Time: 2:00 p.m. Dept.: C-13 Reservation No.: 72687105 [Complaint Filed: January 17, 2017] [Trial Date: Not Set] TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on January 9, 2018, at 2:00 p.m., or as soon thereafter as may be heard in Department C-13 of the above-entitled court, located at 700 Civic Center Drive West, Santa Ana, California, Defendants SUMMER BREEZE INVESTMENTS, LLC, an Arizona Limited Liability Company, COUNTY RECORDS RESEARCH, INC., KURT DEMEIRE, and ZACH LINDBORG shall and hereby do demur to the first cause of action for declaratory relief, the second cause of action for accounting, Defendant COUNTY RECORDS RESEARCH, INC. shall and hereby does demur to the third cause of action for negligence and Defendants KURT DEMEIRE, 3110.03/pldg/demurrer.002 1 NOTICE OF DEMURRER N O bn B R A W N oo 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 and ZACH LINDBORG shall and hereby do demur to the fourth cause of action for intentional misrepresentation against them in the First Amended Complaint filed by Plaintiff THOMAS MOHLER, TRUSTEE OF THE TIERRA DEL ORO #5031 TRUST (“Trust”). Pursuant to Code of Civil Procedure, §430.10(e), Defendants SUMMER BREEZE INVESTMENTS, LLC, COUNTY RECORDS RESEARCH, INC., KURT DEMEIRE, and ZACH LINDBORG demur to the first cause of action for declaratory relief, the second cause of action for accounting, Defendant COUNTY RECORDS RESEARCH, INC. demurs to the third cause of action for negligence and Defendants KURT DEMEIRE, and ZACH LINDBORG demur to the fourth cause of action for intentional misrepresentation against them in the complaint on the grounds that Plaintiff Trust has not and cannot assert facts sufficient to constitute an actionable claim against these demurring Defendants as a matter of law. Defendants’ demurrer is based on this Notice of Demurrer and Demurrer, the accompanying memorandum of Points and Authorities, the Declaration of H. James Keathley and Exhibit thereto, the Request for Judicial Notice filed concurrently herewith, and additional evidence that may be presented at the hearing on this motion. DATED: October 25, 2017 KEATHLEY & KEATHLEY LLP Attorneys for Defendants SUMMER BREEZE INVESTMENTS, LLC, COUNTY RECORDS RESEARCH, INC., KURT DEMEIRE, and ZACH LINDBORG willy 0ch ly BY erie D. Keathley / 3110.03/pldg/demurrer.002 2 NOTICE OF DEMURRER OO 0 9 DEMURRER 1. Defendants SUMMER BREEZE INVESTMENTS, LLC, COUNTY RECORDS RESEARCH, INC., KURT DEMEIRE, and ZACH LINDBORG hereby demur to the first cause of action for declaratory relief on the grounds it fails to state facts sufficient to constitute an action claim against these demurring defendants. Code of Civil Procedure, §430.10(e). 2. Defendants SUMMER BREEZE INVESTMENTS, LLC, COUNTY RECORDS RESEARCH, INC., KURT DEMEIRE, and ZACH LINDBORG hereby demur to the second cause of action for accounting on the grounds it fails to state facts sufficient to constitute an action claim against these demurring defendants. Code of Civil Procedure, §430.10(e). 3. Defendant COUNTY RECORDS RESEARCH, INC. hereby demurs to the third cause of action for negligence on the grounds it fails to state facts sufficient to constitute an action claim against this demurring defendant. Code of Civil Procedure, §430.10(e). 2. Defendants KURT DEMEIRE, and ZACH LINDBORG hereby demur to the fourth cause of action for intentional misrepresentation on the grounds it fails to state facts sufficient to constitute an action claim against these demurring defendants. Code of Civil Procedure, §430.10(e). DATED: October 25, 2017 KEATHLEY & KEATHLEY LLP Attorneys for Defendants SUMMER BREEZE INVESTMENTS, LLC, COUNTY RECORDS RESEARCH, INC., KURT DEMEIRE, and ZACH LINDBORG o Di HUH Dy Kathofine D. Keathley NOTICE OF DEMURRER wo 3110.03/pldg/demurrer.002