On October 24, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Copernicus Dynamics, Lp,
Fleming, Norman C.,
Geisler, Fred,
Roes 1-25, Inclusive,
Zischke, Gena,
Tedan Surgical Innovations, Llc, A Texas Limited Liability Company,
and
3Cor, Inc, A California Corporation,
3Cor Medical, Inc.,
Azucena, Kimberly,
Bass, Daniel,
Does 1 To 25,
Does 2 To 25,
Fishman, Daniel,
Glynn, Robert John, Jr,
Industry Of The Redwoods, Llc, A Nevada Llc,
Johnston, Terry,
Magnolia Group, Llp,
Mier, Rowena,
Rhausler, Inc.,
Rhausler, Inc., A California Corporation,
Sims, Katie, Certified Public Acc,
Tedan Surgical Innovations, Llc, A Texas Limited Liability Company,
for Complex Civil Unlimited
in the District Court of San Mateo County.
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011%} (V
Robert M. Bodzin, State Bar No. 201327
Katrina R. Durek, State Bar No. 289461
BURNHAM BROWN
A Professional Law Corporation
(a)
PO. Box 119
Oakland, California 94604
4:.
£11
1901
Oakland,
Harrison Street,
California
14th
94612
Floor FILED
SAN MATEO BOUNTY
Telephone: (510) 444—6800 ,
Ch
Facsimile: (510) 835-6666 -
AUG "1 1 2018
rbodzin@burnhambrown.com
‘~l
kdurek@burnhambrown.com
GO
Attorneys for Defendants TEDAN SURGICAL
INNOVATIONS, LLC and DANIEL BASS
\tD
10
11 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
12 CIVIL DIVISION — SOUTHERN BRANCH
13 UNLIMITED JURISDICTION
14 FRED H. GEISLER, MD, Ph.D., an Case No. 17ClV02888
individual and NORMAN C. FLEMING, an
15 individual, directly, and derivatively on DEFENDANTS TEDAN SURGICAL
behalf of RHAUSLER, |NC., a California INNOVATIONS, LLC and DANIEL
16 Corporation, BASS’S NOTICE OF DEMURRER
AND DEMURRER TO SECOND
17 Plaintiffs, AMENDED COMPLAINT
18 v.
Date: September 12, 2018
19 TERRY J. MR. JOHNSTON, an Time: 9:00 am.
individual; KATIE SIMS, CPA, an Dept.: 2
20 individual; ROBERT JOHN GLYNN, JR.,
an individual; 3COR MEDICAL, lNC., a Complaint Filed: June 28, 2017
21 California Corporation; TEDAN Second Amended Complaint Filed:
SURGICAL INNOVATIONS, LLC, a May 29, 2018
22 Texas Limited Liability Company, and Trial Date: None Set
DOES to 25,
23
1
flaw—Ibis;—
r’ T““\~— s
Defendants. =
DEM
I
Demurrer to
‘
1297600
And RHAUSLER, lNC., a California
25 Corporation,
IIIIIII!IIIIIIIIIIIIIIIIIIIII
26 Nominal Defendant. III II
27
28 1
DEFENDANTS TEDAN SURGICAL INNOVATIONS, LLC and DANIEL CASE NO. 17ClV02888
BASS'S NOTICE OF DEMURRER AND DEMURRER TO SECOND
AMENDED COMPLAINT
Defendants TEDAN SURGICAL INNOVATIONS, LLC and DANIEL BASS demur
generally to the Second, Fifth, Eighth, Tenth and Eleventh Causes of Action.
Defendants also demur to the Civil Conspiracy claim, to the extent it is alleged to be a'
Rb)
cause of action.
Demurrer to Second Cause of Action
Tedan Surgical Innovations, LLC and Daniel Bass demur to the Second Cause
of Action
\OWQGUI on the grounds it fails to state facts sufficient to state a cause of action. (Code
of Civil Procedure §430.'10(e)).
Demurrer to Fifth Game of Action
10 Tedan Surgical Innovations, LLC and Daniel Bass demur to the Fifth Cause of
,
11 Action fails to state facts sufficient to state a cause of action. (Code of Civil Procedure
12 §430.10(e)).
13 The Fifth Cause of Action is also Uncertain and ambiguous (Code of Civil
14 Procedure §430.10 (0.)
15 Demurrer to Eighth Cause of Action
16_ .Tedan Surgical Innovations, LLC and Daniel Bass demur to the Eighth Cause of
17 Action fails to state facts sufficient to state a cause of action. (Code of Civil Procedure
18 §430.10(e)).
A
'
I
19 Demurrer to Tenth Cause of Action
20 Tedan Surgical Innovations, LLC demurs to the Tenth Cause of Action because
21‘ it failsto state facts sufficient to state a cause of actiOn as a matter of law (Code of Civil
22 Procedure §430.10(e)).
23 Dernurrer to Eleventh Cause of Action
24 Tedan Surgical Innovations, LLC and Daniel Bass demur to the Eleventh Cause
25 of Action fails to state facts sufficient to state a cause of action. (Code of Civil
26 Procedure §430.10(e)).
27 III
28 2
DEFENDANTS TEDAN SURGICAL INNOVATIONS, LLC and DANIEL Case No. 17CIV02888
BASS’S NOTICE OF DEMURRER AND DEMURRER TO SECOND ,
AMENDED COMPLAINT
Demurrer to Civil Conspiracy Cause of Action
Tedan Surgical innovations, LLC and Daniel Bass demur to the Civil Conspiracy
cause of action (not numbered in the Second Amended Complaint) fails to state facts
sufficient to state a cause of action. (Code of Civil Procedure §430.10(e)).
\DwQQUI-RDJNh—t
This demurrer is based on the Notice, the Demurrer, Memorandum of Points and
Authorities, Declaration, as well as papers and pleadings on file in this actiOn, and such
other further evidence and/or testimony that may be presented at the hearing.
WHEREFORE, Defendants pray that their general demurrer to Plaintiff’s Second,
Fifth, Eighth, Tenth and Eleventh Causes of Action and Civil Conspiracy Cause of
Action in the Second Amended Complaint be sustained without leave to amend.
DATED: August 1, 2018 BURNHAM BRO
By
ROBERT M. BODZIN
KATRINA R. DUREK
Attorneys for Defendants
TEDAN SURGICAL INNOVATIONS, LLC
and DANIEL BASS
4826-9635-0062, V. ‘I
wu®MAMNHC©OOQ¢UIAwNHO
NNNNNNNNNHHHHHHHHHH
3
DEFENDANTS TEDAN SURGICAL INNOVATIONS, LLC and DANIEL Case No. 17CIV02888
BASS’S NOTICE OF DEMURRER AND DEMURRER TO SECOND
AMENDED COMPLAINT
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011%} (V Robert M. Bodzin, State Bar No. 201327 Katrina R. Durek, State Bar No. 289461 BURNHAM BROWN A Professional Law Corporation (a) PO. Box 119 Oakland, California 94604 4:. £11 1901 Oakland, Harrison Street, California 14th 94612 Floor FILED SAN MATEO BOUNTY Telephone: (510) 444—6800 , Ch Facsimile: (510) 835-6666 - AUG "1 1 2018 rbodzin@burnhambrown.com ‘~l kdurek@burnhambrown.com GO Attorneys for Defendants TEDAN SURGICAL INNOVATIONS, LLC and DANIEL BASS \tD 10 11 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO 12 CIVIL DIVISION — SOUTHERN BRANCH 13 UNLIMITED JURISDICTION 14 FRED H. GEISLER, MD, Ph.D., an Case No. 17ClV02888 individual and NORMAN C. FLEMING, an 15 individual, directly, and derivatively on DEFENDANTS TEDAN SURGICAL behalf of RHAUSLER, |NC., a California INNOVATIONS, LLC and DANIEL 16 Corporation, BASS’S NOTICE OF DEMURRER AND DEMURRER TO SECOND 17 Plaintiffs, AMENDED COMPLAINT 18 v. Date: September 12, 2018 19 TERRY J. MR. JOHNSTON, an Time: 9:00 am. individual; KATIE SIMS, CPA, an Dept.: 2 20 individual; ROBERT JOHN GLYNN, JR., an individual; 3COR MEDICAL, lNC., a Complaint Filed: June 28, 2017 21 California Corporation; TEDAN Second Amended Complaint Filed: SURGICAL INNOVATIONS, LLC, a May 29, 2018 22 Texas Limited Liability Company, and Trial Date: None Set DOES to 25, 23 1 flaw—Ibis;— r’ T““\~— s Defendants. = DEM I Demurrer to ‘ 1297600 And RHAUSLER, lNC., a California 25 Corporation, IIIIIII!IIIIIIIIIIIIIIIIIIIII 26 Nominal Defendant. III II 27 28 1 DEFENDANTS TEDAN SURGICAL INNOVATIONS, LLC and DANIEL CASE NO. 17ClV02888 BASS'S NOTICE OF DEMURRER AND DEMURRER TO SECOND AMENDED COMPLAINT Defendants TEDAN SURGICAL INNOVATIONS, LLC and DANIEL BASS demur generally to the Second, Fifth, Eighth, Tenth and Eleventh Causes of Action. Defendants also demur to the Civil Conspiracy claim, to the extent it is alleged to be a' Rb) cause of action. Demurrer to Second Cause of Action Tedan Surgical Innovations, LLC and Daniel Bass demur to the Second Cause of Action \OWQGUI on the grounds it fails to state facts sufficient to state a cause of action. (Code of Civil Procedure §430.'10(e)). Demurrer to Fifth Game of Action 10 Tedan Surgical Innovations, LLC and Daniel Bass demur to the Fifth Cause of , 11 Action fails to state facts sufficient to state a cause of action. (Code of Civil Procedure 12 §430.10(e)). 13 The Fifth Cause of Action is also Uncertain and ambiguous (Code of Civil 14 Procedure §430.10 (0.) 15 Demurrer to Eighth Cause of Action 16_ .Tedan Surgical Innovations, LLC and Daniel Bass demur to the Eighth Cause of 17 Action fails to state facts sufficient to state a cause of action. (Code of Civil Procedure 18 §430.10(e)). A ' I 19 Demurrer to Tenth Cause of Action 20 Tedan Surgical Innovations, LLC demurs to the Tenth Cause of Action because 21‘ it failsto state facts sufficient to state a cause of actiOn as a matter of law (Code of Civil 22 Procedure §430.10(e)). 23 Dernurrer to Eleventh Cause of Action 24 Tedan Surgical Innovations, LLC and Daniel Bass demur to the Eleventh Cause 25 of Action fails to state facts sufficient to state a cause of action. (Code of Civil 26 Procedure §430.10(e)). 27 III 28 2 DEFENDANTS TEDAN SURGICAL INNOVATIONS, LLC and DANIEL Case No. 17CIV02888 BASS’S NOTICE OF DEMURRER AND DEMURRER TO SECOND , AMENDED COMPLAINT Demurrer to Civil Conspiracy Cause of Action Tedan Surgical innovations, LLC and Daniel Bass demur to the Civil Conspiracy cause of action (not numbered in the Second Amended Complaint) fails to state facts sufficient to state a cause of action. (Code of Civil Procedure §430.10(e)). \DwQQUI-RDJNh—t This demurrer is based on the Notice, the Demurrer, Memorandum of Points and Authorities, Declaration, as well as papers and pleadings on file in this actiOn, and such other further evidence and/or testimony that may be presented at the hearing. WHEREFORE, Defendants pray that their general demurrer to Plaintiff’s Second, Fifth, Eighth, Tenth and Eleventh Causes of Action and Civil Conspiracy Cause of Action in the Second Amended Complaint be sustained without leave to amend. DATED: August 1, 2018 BURNHAM BRO By ROBERT M. BODZIN KATRINA R. DUREK Attorneys for Defendants TEDAN SURGICAL INNOVATIONS, LLC and DANIEL BASS 4826-9635-0062, V. ‘I wu®MAMNHC©OOQ¢UIAwNHO NNNNNNNNNHHHHHHHHHH 3 DEFENDANTS TEDAN SURGICAL INNOVATIONS, LLC and DANIEL Case No. 17CIV02888 BASS’S NOTICE OF DEMURRER AND DEMURRER TO SECOND AMENDED COMPLAINT