Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Demurrer CHSRA

Demurrer CHSRA

Ratings: (0)|Views: 84 |Likes:
Published by ambrosiamonkey
34-2010-00069687-CU-MC-GDS Sacramento County Superior Court, Russell Peterson et al v. California High Speed Rail Authority et al
34-2010-00069687-CU-MC-GDS Sacramento County Superior Court, Russell Peterson et al v. California High Speed Rail Authority et al

More info:

Published by: ambrosiamonkey on Apr 11, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

09/01/2010

pdf

text

original

 
ORIGINAL
1
23
4
5
67
8
9
10
11
12
13
14
1516
171819
20
21
22
23
24
25
2627
28
EDMUND
G.
BROWN
JR. ( l\ •- -• ,
Attorney
(General
of
California
f?lSo7lHOORSED
WniiAMlr
CARTFR
y . / r
*••****
** ,
Supervising Deputy Attorney
General
( 11
GEORGE
S.
SPANOS
" .. . « _ o
2010
Deputy
AttorneyGeneral
^ """
AMY
j.
WINN
Deputy
AUomey Geiieial
p
v
-
L,jdWitDV_
State
Bar No.
142421
y
^DEPUTY
CLERK
_
1300
1
Street, Suite
125 ' '
P.O.
Box
944255Sacramento,
CA
94244-2550Telephone: (916)322-1673Fax:
(916)327-2247
E-mail:amy.winn@doj.ca.govAttorneys
for
Defendants California
High-Speed
Rail
Authority
and
Executive
Director
Mehdi
Morshed
SUPERIOR COURT
OF THE
STATE
OF
CALIFORNIACOUNTY OF SARAMENTO
1
RUSSELL
J.
PETERSON
and
HALSTEAD
Case
No.
34-2010-00069687
.
NURSERY
INC., (DBA ROGER
REYNOLDS
NURSERY
&
CARRIAGE
(FormerlySan Mateo
County Superior Court
STOP),
Case
No. CIV
486749)
Plaintiff,
NOTICE
OF
HEARING
ON
DEMURRER;
DEMURRER
AND
v.
MEMORANDUM
OF
POINTS
AND
AUTHORITIES
IN
SUPPORT
CALIFORNIA
HIGH SPEED RAIL
AUTHORITY,
EXECUTIVE DIRECTORMEHDI MORSHED, PENINSULA
Date: May 20, 20 10
CORRIDOR JOINT POWERS BOARD,
Time:
2:00 P.M.
CHAIRMAN DON
GAGE,
and
DOES
1
Dept:
53
through 5
Inclusive,
Reservation
Number: 1337935
Trial
Date:
TBA
Defendants. Action Filed:
August
28,
2009Date Transferred: February
3,
2010
 
1
TO ALL PARTIES AND
THEIR
COUNSEL
OF
RECORD:
2
PLEASE TAKE NOTICE
that
on May 20,
2010
at
2:00 P.M.,
or as
soon
thereafter
3
as the
matter
may be
heard,
in
Department
53 of the
above-entitled court, located
at 800
4
Ninth Street, Sacramento,
California,
Defendants
California
High Speed Rail
Authority
5
("HSRA")
and
Excutive Director Mehdi Morshed will demur
to
each
and
every cause
of6
action
in the
First Amended Complaint
of
plaintiffs
Russell
J.
Peterson
and
Halstead
7
Nursery, Inc.
8
This demurrer
is
supported
by
this notice, demurrer
and
memorandum
of
points
and9
authorities
in
support (served
and
filed
herewith),
all
pleadings
and
papers
on
file
herein
10
(of
which judicial notice
is
herein sought), matters
of
which
the
court
may
take
judicial
11
notice,
the
arguments
of
counsel
and
such other matter
as may be
presented
in
connection
12
with
the
hearing.
13
Pursuant
to
Local Rule 3.04,
the
court will make
a
tentative ruling
on the
14
merits
of
this
matter
by
2:00 p.m.,
the
court
day
before
the
hearing.
You may
access
15
and
download
the
court's
ruling from
the
court's
website
at
http://www.saccourt.
16
ca.gov.
If you do not
have online access,
you may
obtain
the
tentative ruling over
the
17
telephone
by
calling (916)
874-8142
and a
deputy clerk will
read
the
ruling
to
you.
If
18
you
wish
to
request oral
argument,
you
must contact
the
courtroom
clerk
at
(916)
19
874-7858
(Department 53) and the
opposing
party
before 4:00 p.m.
the
court
day
20
before
the
hearing.
If you do not
call
the
court
and the
opposing
party
by
4:00 p.m.
21
on the
court
day
before
the
hearing,
no
hearing will
be
held.
22
Dated: March
6,
2010 Respectfully
Sufe^nitted,
24
B
AMYJ.'WINN
25
Deputy Attorney General
Attorney
for
Defendants
26
California
High-Speed
Rail
Authority
and
Executive
Director
Mehdi
Morshed
27
28
 
1
DEMURRER
2
Defendants High Speed Rail Authority
("HSRA")
and Executive Director Mehdi
3
Morshed demur to the First Amended Complaint of
plaintiffs
Russell J. Peterson and
4
Halstead Nursery, Inc., and to each cause of action contained therein,
pursuant
to Code of
5
Civil Procedure
("CCP")
section 430.10, subd. (e).6Defendants demurto thedeclaratory relief causeofactionon theground thatit
fails
7
to
state
a cause of action against defendants
8 Although not
separately
denominated, defendants
also
demur
to the
cause
of
action9 for waste, on the grounds that it
fails
to state a cause of action against them.
10
Defendants demur
to the
First Amended Complaint
in its
entirety
for
failure
to
state
11
a cause of action against them.
12
WHEREFORE,
Defendants prayas
follows:
13
1. That this demurrer be sustained without leave to amend and
14
2. For such other and
further
relief as the Court deems just and proper.
15
16
Dated: March
6,
2010 Respectfully.Submitted,
U
A
TV"-/
KxT
AMY
L^INN
18
Deputy Attorney GeneralAttorneys
for
Defendants
19
California
High-Speed
Rail
A
uthority
and
Executive
Director
Mehdi
Morshed
20
21
22
23
24
25
2627
28

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->