Howard J DeMera vs Viatronix Inc,
Case Summary
Case Details
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Case Number:
*******2602
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Filing Date:
09/05/2014
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Case Status:
Other - Stayed
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Case Type:
Property - Other Property Fraud
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Courthouse:
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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
Defendant
Viatronix Incorporated
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
Stipulation and Order to Continue Trial filed; Judicial Officer: Culver Kapetan, Kristi; Comment: Trial dates vacated and CMC set for 11/14/16 @ 2:30 pm in Room 104 signed by Judge Culver Kapetan
Memorandum of Points & Authorities; Comment: in opposition to defendants May 17, 2016 demurrer
Minute Order Attachment
Minute Order Attachment
Memorandum of Points and Authorities; Comment: In support of Demurrer to Plaintiffs amended complaint
Notice Filed; Comment: of Errata Regarding Amended Complaint
Request for Judical Notice; Comment: in Opposition to Demurrer to Amended Complaint
Memorandum of Points and Authorities; Comment: in Reply to Plaintiff's Opposition to Defendant Viatronix Incorporated's Demurrer to Plaintiff's Complaint
Memorandum of Points and Authorities; Comment: in opposition to demurrer to complaint
Docket Entries
- 05/10/2018
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DocketBankruptcy Status Conference- Judicial Officer: Cullers, Mark; Hearing Time: 8:33 AM
- 01/11/2018
- View Court Documents
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DocketMinute Order Attachment- Minute Order Attachment
- 01/11/2018
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DocketBankruptcy Status Conference- Judicial Officer: Cullers, Mark; Hearing Time: 8:33 AM; Result: Heard
- 06/29/2017
- View Court Documents
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DocketMinute Order Attachment- Minute Order Attachment
- 06/29/2017
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DocketBankruptcy Status Conference- Judicial Officer: Cullers, Mark; Hearing Time: 9:03 AM; Result: Heard
- 03/30/2017
- View Court Documents
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DocketMinute Order Attachment- Minute Order Attachment
- 03/30/2017
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DocketBankruptcy Status Conference- Judicial Officer: Dalesandro, Samuel; Hearing Time: 10:03 AM; Result: Heard
- 01/26/2017
- View Court Documents
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DocketMinute Order Attachment- Minute Order Attachment
- 01/26/2017
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DocketBankruptcy Status Conference- Judicial Officer: Dalesandro, Samuel; Hearing Time: 10:03 AM; Result: Heard
- 11/14/2016
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DocketCase Management Conference- Hearing Time: 2:30 PM; Cancel Reason: Case Stayed
- 05/17/2016
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DocketFinancial info for Viatronix Incorporated: Counter Payment Receipt # CIVIL-2016-00017810 Georgeson $60.00
- 05/17/2016
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DocketFinancial info for Viatronix Incorporated: Transaction Assessment $60.00
- 02/02/2016
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DocketFinancial info for Viatronix Incorporated: Counter Payment Receipt # CIVIL-2016-00004040 Georgeson $60.00
- 02/02/2016
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DocketFinancial info for Viatronix Incorporated: Transaction Assessment $60.00
- 09/04/2015
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DocketFinancial info for Viatronix Incorporated: Counter Payment Receipt # CIVIL-2015-00020643 Georgeson $435.00
- 09/04/2015
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DocketFinancial info for Viatronix Incorporated: Transaction Assessment $435.00
- 09/04/2015
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DocketFinancial: Viatronix Incorporated; Total Financial Assessment $555.00; Total Payments and Credits $555.00
- 10/13/2015
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DocketFinancial info for DeMera, Howard J: Counter Payment Receipt # CIVIL-2015-00025890 Powell & Pool $20.00
- 10/13/2015
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DocketFinancial info for DeMera, Howard J: Transaction Assessment $20.00
- 10/13/2015
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DocketFinancial: DeMera, Howard J; Total Financial Assessment $20.00; Total Payments and Credits $20.00
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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