On 09/05/2014 Howard J DeMera filed a Property - Other Property Fraud lawsuit against Viatronix Inc. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Simpson, Alan, Ikeda, Dale, Gamoian, Lisa, Culver Kapetan, Kristi, Cullers, Mark and Dalesandro, Samuel. The case status is Other - Stayed.
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09/05/2014
Other - Stayed
Bf Sisk Courthouse
Fresno, California
Simpson, Alan
Ikeda, Dale
Gamoian, Lisa
Culver Kapetan, Kristi
Cullers, Mark
Dalesandro, Samuel
DeMera, Howard J
Viatronix Incorporated
Does, 1-100
Giannetta, Jessica L.
The Law Firm Of Powell & Pool 7522 N. Colonial Ave., Ste 100
Fresno, CA 93711
Belardinelli, Richard A.
Minute Order Attachment
Notice of Viatronix Incorporated's Chapter 7 Bankruptcy
Request for Judicial Notice; Comment: in opposition to defendant's May 17, 2016 demurrer
Declaration Filed; Comment: of RIchard A. Belardinelli
Civil Document; Comment: on Demurrer and Demurrer to Plaintiffs Amended Complaint
Minute Order Attachment (Tentative Rulings Only); Comment: Clerk's Certificate of Mailing attached
Notice Filed; Comment: assignment of Judge Alan M Simpson
Minute Order Attachment
Memorandum of Points and Authorities; Comment: in support of demurrer
Minute Order Attachment
Minute Order Attachment
Civil Document; Comment: Clerk's Certificate of Mailing attached.
Memorandum of Points and Authorities; Comment: in reply to Plaintiffs Opposition to Demurreer to Plaintiffs Amended Complaint
Memorandum of Points and Authorities; Comment: in Opposition to Demurrer to Amended Complaint
Memorandum of Points and Authorities; Comment: in support of demurrer to plaintiff's amended complaint
Minute Order Attachment; Comment: Judicial Disqualification of Judge K. Culver Kapetan
Civil Document; Comment: and Notice of Hearing on Demurrer November 10, 2015 at 3:30 p.m. dept 403
Proof of Service
Bankruptcy Status Conference- Judicial Officer: Cullers, Mark; Hearing Time: 8:33 AM
Minute Order Attachment- Minute Order Attachment
Bankruptcy Status Conference- Judicial Officer: Cullers, Mark; Hearing Time: 8:33 AM; Result: Heard
Minute Order Attachment- Minute Order Attachment
Bankruptcy Status Conference- Judicial Officer: Cullers, Mark; Hearing Time: 9:03 AM; Result: Heard
Minute Order Attachment- Minute Order Attachment
Bankruptcy Status Conference- Judicial Officer: Dalesandro, Samuel; Hearing Time: 10:03 AM; Result: Heard
Minute Order Attachment- Minute Order Attachment
Bankruptcy Status Conference- Judicial Officer: Dalesandro, Samuel; Hearing Time: 10:03 AM; Result: Heard
Case Management Conference- Hearing Time: 2:30 PM; Cancel Reason: Case Stayed
Financial info for Viatronix Incorporated: Counter Payment Receipt # CIVIL-2016-00017810 Georgeson $60.00
Financial info for Viatronix Incorporated: Transaction Assessment $60.00
Financial info for Viatronix Incorporated: Counter Payment Receipt # CIVIL-2016-00004040 Georgeson $60.00
Financial info for Viatronix Incorporated: Transaction Assessment $60.00
Financial info for Viatronix Incorporated: Counter Payment Receipt # CIVIL-2015-00020643 Georgeson $435.00
Financial info for Viatronix Incorporated: Transaction Assessment $435.00
Financial: Viatronix Incorporated; Total Financial Assessment $555.00; Total Payments and Credits $555.00
Financial info for DeMera, Howard J: Counter Payment Receipt # CIVIL-2015-00025890 Powell & Pool $20.00
Financial info for DeMera, Howard J: Transaction Assessment $20.00
Financial: DeMera, Howard J; Total Financial Assessment $20.00; Total Payments and Credits $20.00
of the allegations of delayed discovery of the fraud. The allegations of the Amended Complaint ,Continue to be uncertain in numerous instances. A review of the Amended complain’_c allegations demonstrates the allegations do not
overcome the previous deficiencies and it therefore clear the general and special demurrers to
these claims must be granted without leave to amend. As to the contract action, Defendant
challenges the fifth and sixth cause of action in providing legal authority that support the
Demurrer to the Fourth Cause of Action.
In their “General Allegations,” Plaintiffs allege that “Following the administration of his estate, [Dgcedent} Desmond’s rights and interests in the claims and causes of action set forth herein have been assigned and transferred to, and are currently held in equal shares.by, each of the Plaintiffs.” (1) There are no allegations as to how or when this assignment or alleged transferred occurred, whether it Was ‘Written or oral and therefore, the complaint is uncertain as to the standing of Plaintiffs to bring this action because of these uncertainties.
Plaintiffs allege that on or about November 21, 2005, Desmond loaned $75,000 to Viatronix, Inc. . . “ (7). Plaintiffs allege Desmond became deceased on or abqut August 19, 2007, and further allege on information and belief that “within approximately two (2) weeks prio.r to Desmond’s death, i.e. approximately August 14, 2007, Desmond indicated to certain individuals that ‘Viatronix’ owed him money.” (J10).
Thus, as of approximately August 14, 2007, other “individuals” who are not identified in the Complaint but presumably Plaintiffs, were aware of Plaintiff’s claims
herein against Viatronix, or at least on inquiry notice that money was allegedly owed
I The statement of the facts is taken from the allegations of the Complaint pertinent to the demurrers being brought by Defendants. Paragraphs referenced in the Statement of the Facts refer to the paragraphs of the complaint alleging the same.
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