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.
Preview
Electrunlully
JEFFREY F. RYAN (CA Bar N0.
Jeff@jeffreyryanlaw.com
129079)
MW—
brfiuplnur Cour! flfialiflnllflaunfil afiln Malia
UN 5/9/201 9
LAW OFFICES OF JEFFREY F. RYAN
The Fitzgerald Building
2000 Broadway Street
Redwood City, California 94063
Phone: (650) 924-8343
Attorneys for Plaintiffs,
FRED H. GEISLER, NORMAN C. FLEMING, GENA ZISCHKE, and COPERNICUS
DYNAMICS GROUP, LP
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
CIVIL DIVISION— COMPLEX LITIGATION — DEPARTMENT 2
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FRED GEISLER, M.D., Ph.D.,an individual, ) Case No. 17CIV02888
12 NORMAN C. FLEMING, an individual, )
and GENA ZISCHKE, an individual, )
13 directly, and derivatively on behalf of )
PLAINTIFF FRED GEISLER’S
RHAUSLER, INC., COPERNICUS )
NOTICE OF DEMURRER TO
14 DYNAMICS GROUP, LP and ROES 1t0 25, ) CROSS-COMPLAINT FILED
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Inclusive, ) BY TEDAN SURGICAL
) INNOVATIONS, LLC
V. )
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)
TERRY J. JOHNSTON, an individual; KATIE )
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SIMS, CPA, an individual; ROBERT JOHN ) Date: June 6, 2019
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GLYNN, JR., an individual; 3COR MEDICAL, ) Time: 10:00 a.m.
INC., a California Corporation; TEDAN )
Dept: 2
19
SURGICAL INNOVATIONS, LLC, a Texas )
Judge: Hon. Marie Weiner
LLC, DANIEL FISHMAN, an individual, )
20 DANIEL BASS, an individual, and )
Action Filed: June 28, 2017
MAGNOLIA GROUP, LLP, and KIMBERLY )
21 AZUCENA, an individual, ROWENA MEIER,
4thAVC Filed: Feb. 1, 2019
)
an individual, INDUSTRY OF THE )
22 REDWOODS, LLC, a Nevada LLC, Trial Date: None Set
)
RHAUSLER, INC., a California corporation )
23 and DOES 2-25, Inclusive, )
)
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)
and RHAUSLER, INC., a California )
25 Corporation, )
)
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Nominal Defendant. )
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)
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)
Page O
NOTICE OF DEMURRER BY CROSS-DEFENDANT GEISLER T0 TSI CROSS-COMPLAINT
SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888
COMPLEX LITIGATION — ASSIGNED TO DEPT. 2 FOR ALL PURPOSES
TEDAN SURGICAL INNOVATIONS, LLC
Cross-Complainant,
V.
FRED H. GEISLER, M.D., Ph.D.; KARI VVVVVVVVVV
JOHNSTON; and ROES 1-50, Inclusive,
Cross-Defendants.
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
NOTICE IS HEREBY GIVEN THAT ON June 6, 2019, at 10:00 a.m. in Department
2 of this Court, PLAINTIFF, FRED GEISLER, will demur t0 the Cross—complaint filed
10 against him Tedan Surgical Innovations, LLC. Geisler demur cause 0f
by will t0 the sole
11 action against him by TSI alleging “inducement to breach contract.”
12 Demurrer t0 Second Cause of Action
13 The second claim alleges that GEISLER induced KARI JOHNSTON t0 breach the TSI
14 Operating Agreement. The second claim against GEISLER dependent upon the
is purely
15
existence 0f a contract between KARI JOHNSTON and TSI t0 Which she agreed t0 be bound.
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There are no facts in the cross—complaint or its exhibits establishing a valid and enforceable
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contract against KARI JONSTON, or a breach 0f that contract by KARI JOHNSTON,
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therefore, the Second Cause 0f Action against Geisler must failas a matter 0f law.
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Accordingly, the Second Cause of Action fails t0 allege facts sufficient to state a cause
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of action against Plaintiff and Cross—Defendant Fred Geisler under Code of Civil Procedure
21
Section 430.10(e).
22
This demurrer is based 0n this Notice, the Demurrer and Memorandum of Points &
23
Authorities ,
as well as the papers and pleadings on file in this action, and such other evidence
24
and/or testimony and/or arguments 0f counsel that may be presented and made at the hearing
25
on the matter.
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Page 1
NOTICE OF DEMURRER BY CROSS-DEFENDANT GEISLER T0 TSI CROSS-COMPLAINT
SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888
COMPLEX LITIGATION — ASSIGNED TO DEPT. 2 FOR ALL PURPOSES
WHEREFORE, Cross—Defendant Fred Geisler prays that his general demurrer to TSI’s
Second Cause 0f Action against him be sustained without leave t0 amend.
Dated: May 7, 2019 LAW OFFICES OF JEFFREY F. RYAN
By:
‘
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”7; 2r”
'
F \
WW l-
Je r J Ryafi x:
Attorne for Plaitfiffffand Cross—Défendant
FRED H. GEISLER
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Page 2
NOTICE OF DEMURRER BY CROSS-DEFENDANT GEISLER TO TSI CROSS-COMPLAINT
SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888
COMPLEX LITIGATION — ASSIGNED TO DEPT. 2 FOR ALL PURPOSES
Preview
Electrunlully JEFFREY F. RYAN (CA Bar N0. Jeff@jeffreyryanlaw.com 129079) MW— brfiuplnur Cour! flfialiflnllflaunfil afiln Malia UN 5/9/201 9 LAW OFFICES OF JEFFREY F. RYAN The Fitzgerald Building 2000 Broadway Street Redwood City, California 94063 Phone: (650) 924-8343 Attorneys for Plaintiffs, FRED H. GEISLER, NORMAN C. FLEMING, GENA ZISCHKE, and COPERNICUS DYNAMICS GROUP, LP IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO CIVIL DIVISION— COMPLEX LITIGATION — DEPARTMENT 2 10 11 FRED GEISLER, M.D., Ph.D.,an individual, ) Case No. 17CIV02888 12 NORMAN C. FLEMING, an individual, ) and GENA ZISCHKE, an individual, ) 13 directly, and derivatively on behalf of ) PLAINTIFF FRED GEISLER’S RHAUSLER, INC., COPERNICUS ) NOTICE OF DEMURRER TO 14 DYNAMICS GROUP, LP and ROES 1t0 25, ) CROSS-COMPLAINT FILED 15 Inclusive, ) BY TEDAN SURGICAL ) INNOVATIONS, LLC V. ) 16 ) TERRY J. JOHNSTON, an individual; KATIE ) 17 SIMS, CPA, an individual; ROBERT JOHN ) Date: June 6, 2019 18 GLYNN, JR., an individual; 3COR MEDICAL, ) Time: 10:00 a.m. INC., a California Corporation; TEDAN ) Dept: 2 19 SURGICAL INNOVATIONS, LLC, a Texas ) Judge: Hon. Marie Weiner LLC, DANIEL FISHMAN, an individual, ) 20 DANIEL BASS, an individual, and ) Action Filed: June 28, 2017 MAGNOLIA GROUP, LLP, and KIMBERLY ) 21 AZUCENA, an individual, ROWENA MEIER, 4thAVC Filed: Feb. 1, 2019 ) an individual, INDUSTRY OF THE ) 22 REDWOODS, LLC, a Nevada LLC, Trial Date: None Set ) RHAUSLER, INC., a California corporation ) 23 and DOES 2-25, Inclusive, ) ) 24 ) and RHAUSLER, INC., a California ) 25 Corporation, ) ) 26 Nominal Defendant. ) 27 ) ) 28 ) Page O NOTICE OF DEMURRER BY CROSS-DEFENDANT GEISLER T0 TSI CROSS-COMPLAINT SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888 COMPLEX LITIGATION — ASSIGNED TO DEPT. 2 FOR ALL PURPOSES TEDAN SURGICAL INNOVATIONS, LLC Cross-Complainant, V. FRED H. GEISLER, M.D., Ph.D.; KARI VVVVVVVVVV JOHNSTON; and ROES 1-50, Inclusive, Cross-Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN THAT ON June 6, 2019, at 10:00 a.m. in Department 2 of this Court, PLAINTIFF, FRED GEISLER, will demur t0 the Cross—complaint filed 10 against him Tedan Surgical Innovations, LLC. Geisler demur cause 0f by will t0 the sole 11 action against him by TSI alleging “inducement to breach contract.” 12 Demurrer t0 Second Cause of Action 13 The second claim alleges that GEISLER induced KARI JOHNSTON t0 breach the TSI 14 Operating Agreement. The second claim against GEISLER dependent upon the is purely 15 existence 0f a contract between KARI JOHNSTON and TSI t0 Which she agreed t0 be bound. 16 There are no facts in the cross—complaint or its exhibits establishing a valid and enforceable 17 contract against KARI JONSTON, or a breach 0f that contract by KARI JOHNSTON, 18 therefore, the Second Cause 0f Action against Geisler must failas a matter 0f law. 19 Accordingly, the Second Cause of Action fails t0 allege facts sufficient to state a cause 20 of action against Plaintiff and Cross—Defendant Fred Geisler under Code of Civil Procedure 21 Section 430.10(e). 22 This demurrer is based 0n this Notice, the Demurrer and Memorandum of Points & 23 Authorities , as well as the papers and pleadings on file in this action, and such other evidence 24 and/or testimony and/or arguments 0f counsel that may be presented and made at the hearing 25 on the matter. 26 27 28 Page 1 NOTICE OF DEMURRER BY CROSS-DEFENDANT GEISLER T0 TSI CROSS-COMPLAINT SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888 COMPLEX LITIGATION — ASSIGNED TO DEPT. 2 FOR ALL PURPOSES WHEREFORE, Cross—Defendant Fred Geisler prays that his general demurrer to TSI’s Second Cause 0f Action against him be sustained without leave t0 amend. Dated: May 7, 2019 LAW OFFICES OF JEFFREY F. RYAN By: ‘ - ”7; 2r” ' F \ WW l- Je r J Ryafi x: Attorne for Plaitfiffffand Cross—Défendant FRED H. GEISLER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 NOTICE OF DEMURRER BY CROSS-DEFENDANT GEISLER TO TSI CROSS-COMPLAINT SAN MATEO COUNTY SUPERIOR COURT CASE NO. 17CIV02888 COMPLEX LITIGATION — ASSIGNED TO DEPT. 2 FOR ALL PURPOSES