Demurrer PDF

1 Eliyahu Kaplunovsky (SBN # 299178)
P.O. Box, 675194

2 Rancho Santa Fe, California 92067
Phone: 760-402-7008 Fax: 760-683-3195
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4 Attorney for Defendant
CUBA Beverage Co.
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8 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN DIEGO
10 HALL OF JUSTICE
11 GEORGE SHARP Case No. 37-2020-00019244-CL-BC-CTL
12 Plaintiff, DEFENDANT CUBA BEVERAGE
COMPANY’S NOTICE OF DEMURRER
13 vs. AND DEMURRER TO THE COMPLAINT
OF GEORGE SHARP
14 CUBA BEVERAGE COMPANY
MARK HAGEN; MARGARET WILLETT [C.C.P. § 430.10]
15 AND DOES, 1-500 INCLUSIVE
Date: November 20, 2020
16 Defendant’s Time: 09:00 a.m.
Dept. 75, Hon. Richard E. L. Strauss
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18 TO THE HONORABLE JUDGE OF THE SUPERIOR COURT AND TO ALL
19 PARTIES AND RESPECTIVE COUNSEL HEREIN;
20 NOTICE IS HEREBY GIVEN, that on the date and time set forth above, or as soon
21 thereafter as the matter may be heard, in Dept. 75, of the Superior Court of the County of San
22 Diego, located at 330 W. Broadway, San Diego, California 92101,CUBA Beverage Co., for itself and
23 itself alone, will and hereby does demurrer to the complaint of GEORGE SHARP. This motion
24 will be based on the attached Memorandum of Points and Authorities, on the Declaration of
25 George W. Morgan in his capacity as President / CEO, and Chairman or Defendant CUBA Beverage
26 Company, on the record on file herein, on those matters which may be judicially noticed, and on any
27 and all further supporting evidence or testimony which may be presented to the Court at the time of
28 hearing on the instant motion.
1 This motion is further based on those provisions as set forth in California Code of Civil
2 Procedure § 430.10, insofar as Defendant asserts that this court lacks jurisdiction over the Defendant
3 and/or the subject matter of the cause of action alleged in the pleading.(See Declaration of
4 George W. Morgan.)
5 Dated; September 28, 2020 By:____/s/ Eliyahu Kaplunovsky________
ELIYAHU KAPLUNOVSKY
CUBA Beverage Co., Inc.
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8 STATEMENT OF FACTS
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MEMORANDUM OF POINTS AND AUTHORITIES
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California Code of Civil Procedure § 430.10 states in pertinent part, as follows:
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The party against whom a complaint or cross-complaint has been filed may object,
12 by demurrer or answer as provided in Section 430.30, to the pleading on any one or
more of the following grounds: (a) The court has no jurisdiction of the subject of the
13 cause of action alleged in the pleading. (b) The person who filed the pleading does
not have the legal capacity to sue. (c) There is another action pending between the
14 same parties on the same cause of action. (d) There is a defect or misjoinder of
parties. (e) The pleading does not state facts sufficient to constitute a cause of action.
15 (f) The pleading is uncertain. As used in this subdivision, "uncertain" includes
ambiguous and unintelligible. (g) In an action founded upon a contract, it cannot be
16 ascertained from the pleading whether the contract is written, is oral, or is implied by
conduct. (h) No certificate was filed as required by Section 411.35. (i) No certificate
17 was filed as required by Section 411.36. [emphasis added].
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DEMURRER
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Pursuant to California Code of Civil Procedure sections 430.10(e) and 430.30, Defendant,
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CUBA Beverage Company. (hereinafter CUBA) demurrer’s to the Complaint filed by
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Plaintiff GEORGE SHARP (hereinafter “Plaintiff’ or "Plaintiff’s") as follows:
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23 I. DEMURRER TO FIRST CAUSE OF ACTION
24 The first cause of action for Breach of Contract fails whereas the pleading does not state
25 facts sufficient to constitute a cause of action as to Defendant CUBA Beverage Co., whereas
26 the San Diego County Superior Court lacks in personam jurisdiction over the Defendant
27 and/or subject matter jurisdiction over the matters alleged in the pleadings. California Code of
28 Civil Procedure § 430.10
-2-
1 Here, Plaintiff has brought his action against a Wyoming State Corporation, whose
2 offices are headquartered in Las Vegas Nevada. Not only has Plaintiff brought his action outside
3 of County jurisdictional boundaries, but in another State altogether. (See Declaration of
4 George W. Morgan, attached hereto and incorporated by reference into this pleading.)
5 Accordingly, Defendant asserts that San Diego County is not the proper venue for Plaintiffs
6 action and therefore Demurrer should be sustained in favor of Defendant.
7 CONCLUSION
8 WHEREFORE, the reasons set forth above, Defendant prays the Court sustain demurrer
9 in its favor, and whereas the defects in the Complaint cannot be cured by amendment, Defendant
10 prays the Court sustain demurrer without leave to amend.
11 The foregoing memorandum of points and authorities is respectfully submitted by,
12 ELIYAHU KAPLUNOVSKY, Attorney for Defendant CUBA Beverage Co., Inc.
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14 Dated: September 29, 2020 By:_____/s/ Eliyahu Kaplunovsky___________
ELIYAHU KAPLUNOVSKY
CUBA Beverage Co., Inc.
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1 Eliyahu Kaplunovsky (SBN # 299178)

P.O. Box, 675194

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