This case was last updated from Fresno County Superior Courts on 03/08/2018 at 13:56:49 (UTC).

Howard J DeMera vs Viatronix Inc,

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2602

  • Filing Date:

    09/05/2014

  • Case Status:

    Other - Stayed

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Simpson, Alan

Ikeda, Dale

Gamoian, Lisa

Culver Kapetan, Kristi

Cullers, Mark

Dalesandro, Samuel

 

Party Details

Plaintiff

DeMera, Howard J

Defendants

Viatronix Incorporated

Does, 1-100

Attorney/Law Firm Details

Plaintiff Attorney

Giannetta, Jessica L.

The Law Firm Of Powell & Pool 7522 N. Colonial Ave., Ste 100

Fresno, CA 93711

Defendant Attorney

Belardinelli, Richard A.

 

Court Documents

Minute Order Attachment

Minute Order Attachment

Notice or Order Staying Action

Notice of Viatronix Incorporated's Chapter 7 Bankruptcy

Request for Judical Notice

Request for Judicial Notice; Comment: in opposition to defendant's May 17, 2016 demurrer

Declaration Filed

Declaration Filed; Comment: of RIchard A. Belardinelli

Notice of Hearing

Civil Document; Comment: on Demurrer and Demurrer to Plaintiffs Amended Complaint

Minute Order Attachment (Tentative Rulings Only)

Minute Order Attachment (Tentative Rulings Only); Comment: Clerk's Certificate of Mailing attached

Notice Filed

Notice Filed; Comment: assignment of Judge Alan M Simpson

Minute Order Attachment

Minute Order Attachment

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in support of demurrer

Minute Order Attachment

Minute Order Attachment

Minute Order Attachment

Minute Order Attachment

Minute Order Attachment (Tentative Rulings Only)

Civil Document; Comment: Clerk's Certificate of Mailing attached.

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in reply to Plaintiffs Opposition to Demurreer to Plaintiffs Amended Complaint

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in Opposition to Demurrer to Amended Complaint

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in support of demurrer to plaintiff's amended complaint

Minute Order Attachment

Minute Order Attachment; Comment: Judicial Disqualification of Judge K. Culver Kapetan

Demurrer Filed

Civil Document; Comment: and Notice of Hearing on Demurrer November 10, 2015 at 3:30 p.m. dept 403

Proof of Service

Proof of Service

23 More Documents Available

 

Docket Entries

  • 05/10/2018
  • Bankruptcy Status Conference- Judicial Officer: Cullers, Mark; Hearing Time: 8:33 AM

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  • 01/11/2018
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  • Minute Order Attachment- Minute Order Attachment

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  • 01/11/2018
  • Bankruptcy Status Conference- Judicial Officer: Cullers, Mark; Hearing Time: 8:33 AM; Result: Heard

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  • 06/29/2017
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  • Minute Order Attachment- Minute Order Attachment

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  • 06/29/2017
  • Bankruptcy Status Conference- Judicial Officer: Cullers, Mark; Hearing Time: 9:03 AM; Result: Heard

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  • 03/30/2017
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  • Minute Order Attachment- Minute Order Attachment

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  • 03/30/2017
  • Bankruptcy Status Conference- Judicial Officer: Dalesandro, Samuel; Hearing Time: 10:03 AM; Result: Heard

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  • 01/26/2017
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  • Minute Order Attachment- Minute Order Attachment

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  • 01/26/2017
  • Bankruptcy Status Conference- Judicial Officer: Dalesandro, Samuel; Hearing Time: 10:03 AM; Result: Heard

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  • 11/14/2016
  • Case Management Conference- Hearing Time: 2:30 PM; Cancel Reason: Case Stayed

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57 More Docket Entries
  • 05/17/2016
  • Financial info for Viatronix Incorporated: Counter Payment Receipt # CIVIL-2016-00017810 Georgeson $60.00

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  • 05/17/2016
  • Financial info for Viatronix Incorporated: Transaction Assessment $60.00

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  • 02/02/2016
  • Financial info for Viatronix Incorporated: Counter Payment Receipt # CIVIL-2016-00004040 Georgeson $60.00

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  • 02/02/2016
  • Financial info for Viatronix Incorporated: Transaction Assessment $60.00

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  • 09/04/2015
  • Financial info for Viatronix Incorporated: Counter Payment Receipt # CIVIL-2015-00020643 Georgeson $435.00

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  • 09/04/2015
  • Financial info for Viatronix Incorporated: Transaction Assessment $435.00

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  • 09/04/2015
  • Financial: Viatronix Incorporated; Total Financial Assessment $555.00; Total Payments and Credits $555.00

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  • 10/13/2015
  • Financial info for DeMera, Howard J: Counter Payment Receipt # CIVIL-2015-00025890 Powell & Pool $20.00

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  • 10/13/2015
  • Financial info for DeMera, Howard J: Transaction Assessment $20.00

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  • 10/13/2015
  • Financial: DeMera, Howard J; Total Financial Assessment $20.00; Total Payments and Credits $20.00

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Complaint Information

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.

STATEMENT OF THE FACTS!

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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