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Sep 1.8 2013 Hue, Casos Clerk 0 Cow' FORerLeu COURT OF CALIFORNIA SLIPERCOUtM1 OF ORANGE 1 Manbir S. Chowdhary, SBN 264478 CENTRAL .IUSTICE CENTER Law Offices of MANBIR S. CHOWDHARY 2 A Professional Corporation sEp 1.8 2013 5000 Birch Street, Suite 5000 ELECTRONICALLY RECEIVED 3 Superior Court of California, hue, casos clerk 0 Cow' Newport Beach, CA 92660 County of Orange (. 4 Telephone: (949) 910-6810 08/26/2013 at 07:24:19 FM 2 BURNS a 1, Facsimile: (949) 415-2580 Clerk of the Superior Court ri 5 By Debbie Leohmann.Ceputy Clerk 6 Attorneys for Defendants Eugene Mechetner and Missag H. Parseghian 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ORANGE 10 11 SANTOS BIOTECH INDUSTRIES, INC., Case No. 30-2013-00624425-CU-FR-CJC 12 a Nevada corporation; and STASON 13 PHARMACEUTICALS, INC., a [Hon. Sheila B. Fell, Dept. C-22] California corporation; 14 JUDGMENT OF DISMISSAL Plaintiffs, FOLLOWING SUSTAINING OF 15 DEMURRER WITHOUT LEAVE TO VS. 16 AMEND 17 EUGENE MECHETNER, an individual; and MISSAG PARSEGHIAN, an 18 individual; 19 20 Defendants. 21 22 23 24 25 26 27 28 1 JUDGMENT OF DISMISSAL FOLLOWING SUSTAINING OF DEMURRER WITHOUT LEAVE TO AMEND 1 Pursuant to the Court's Order dated August 21,2013, sustaining Defendants EUGENE 2 MECHETNER and MISSAG PARSEGHIAN's Demurrer to Plaintiffs SANTOS BIOTECH 3 INDUSTRIES, INC. and STASON PHARMACEUTICALS, INC.'s Complaint without leave to 4 amend: 5 IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiffs SANTOS BIOTECH 6 INDUSTRIES, INC., and STASON PHARMACEUTICALS, INC.'s Complaint is dismissed with 7 prejudice as to Defendants EUGENE MECHETNER and MISSAG PARSEGHIAN, and that 8 judgment be entered in favor of Defendants. 9 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that: 10 Defendants EUGENE MECHETNER and MISSAG PARSEGHIAN shall recover from 11 Plaintiffs SANTOS BIOTECH INDUSTRIES, INC., and STASON PHARMACEUTICALS, INC., 12 costs of suit in the sum of $ to be determined by motion and/or a Memorandum of Costs. 13 14 Dated: S.,2 2013 15 By: 16 Hon. Sheila B. Fell Judge of the Superior Court 17 18 19 20 21 22 23 24 25 26 27 28 2 JUDGMENT OF DISMISSAL FOLLOWING SUSTAINING OF DEMURRER WITHOUT LEAVE TO AMEND 1 Manbir S. Chowdhary, SBN 264478 Law Offices of MANBIR S. CHOWDHARY 2 A Professional Corporation 3 5000 Birch Street, Suite 5000 Newport Beach, CA 92660 4 Telephone: (949) 910-6810 Facsimile: (949) 415-2580 5 Darrell J. Greenwald, SBN 271368 6 A.L.A. Law Group 7 5000 Birch Street, Suite 5000 Newport Beach, CA 92660 8 Telephone: (949) 207-7200 9 Attorneys for Defendants 10 Eugene Mechetner and Missag H. Parseghian 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 COUNTY OF ORANGE 14 15 SANTOS BIOTECH INDUSTRIES, INC., Case No. 30-2013-00624425-CU-FR-CJC a Nevada corporation; and STASON 16 PHARMACEUTICALS, INC., a [Hon. Andrew P. Banks, Dept. C-11] 17 California corporation; DEFENDANTS EUGENE MECHETNER 18 Plaintiffs, AND MISSAG PARSEGHIAN’S NOTICE OF DEMURRER AND DEMURRER TO 19 vs. PLAINTIFFS’ COMPLAINT; 20 MEMORANDUM OF POINTS AND EUGENE MECHETNER, an individual; AUTHORITIES IN SUPPORT THEREOF 21 and MISSAG PARSEGHIAN, an individual; [Filed concurrently with Defendants’ Notice of 22 Lodgment of Exhibits In Support of Demurrer to Complaint; and Defendants’ Request for 23 Defendants. Judicial Notice] 24 Complaint Filed: January 15, 2013 25 Trial Date: February 24, 2014 Hearing Date: August 23, 2013 26 Time: 1:30 p.m. 27 28 1 DEFENDANTS’ EUGENE MECHETNER AND MISSAG PARSEGHIAN’S DEMURRER TO PLAINTIFFS’ COMPLAINT 1 TO THIS HONORABLE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD 2 HEREIN: 3 PLEASE TAKE NOTICE THAT on August, 23 2013 at 1:30 p.m., or as soon thereafter as 4 the matter may be heard, before the Honorable Andrew P. Banks, in Department C-11 of the Orange 5 County Superior Court, Central Justice Center, located at 700 Civic Center Drive West, Santa Ana, 6 California 92701, Defendants EUGENE MECHETNER and MISSAG PARSEGHIAN (collectively 7 referred to herein as “Defendants”), hereby demur, jointly and severally, to Plaintiffs Santos Biotech 8 Industrial, Inc. and Santos Pharmaceuticals, Inc.’s Complaint. 9 This Demurrer is based upon this Notice, the Demurrer, the accompanying Memorandum of 10 Points and Authorities, the Notice of Lodgment of Exhibits In Support of Defendants Eugene 11 Mechetner and Missag Parseghian’s Demurrer to Plaintiffs’ Complaint, as well as the Request for 12 Judicial Notice filed concurrently herewith, the complete records and files in this action, and such 13 other evidence and argument as the Court shall permit at the hearing of this matter. 14 15 Dated: May 28, 2013 Respectfully submitted, 16 Law Offices of MANBIR S. CHOWDHARY, A Professional Law Corporation 17 18 19 20 By: Manbir S. Chowdhary, Esq. 21 Attorneys for DEFENDANTS EUGENE MECHETNER and MISSAG H. 22 PARSEGHIAN 23 24 25 26 27 28 2 DEFENDANTS’ EUGENE MECHETNER AND MISSAG PARSEGHIAN’S DEMURRER TO PLAINTIFFS’ COMPLAINT 1 DEMURRERS 2 Defendants EUGENE MECHETNER and MISSAG H. PARSEGHIAN hereby demur, 3 jointly and severally, generally and specially, to Plaintiffs’ Complaint on the following grounds: 4 5 DEMURRER TO FIRST CAUSE OF ACTION 6 1. The first purported cause of action for “intentional misrepresentation” is barred by res 7 judicata and collateral estoppel. Vendenberg v. Superior Court, 21 Cal. 4th 815, 828 8 (1999); Code of Civil Procedure §§ 430.10 and 430.30(a). 9 2. The first purported cause of action for “intentional misrepresentation” is barred pursuant to 10 Code of Civil Procedure § 426.30. 11 3. The first purported cause of action for “intentional misrepresentation” is barred by the 12 statute of limitations pursuant to Code of Civil Procedure § 338. 13 4. The first purported cause of action for “intentional misrepresentation” fails for failure to join 14 an indispensable party pursuant to Code of Civil Procedure §§ 389 and 430.10(d). 15 16 DEMURRER TO SECOND CAUSE OF ACTION 17 5. The second purported cause of action for “negligent misrepresentation” is barred by res 18 judicata and collateral estoppel. Vendenberg v. Superior Court, 21 Cal. 4th 815, 828 19 (1999); Code of Civil Procedure §§ 430.10 and 430.30(a). 20 6. The second purported cause of action for “negligent misrepresentation” is barred pursuant to 21 Code of Civil Procedure § 426.30. 22 7. The second purported cause of action for “negligent misrepresentation” is barred by the 23 statute of limitations pursuant to Code of Civil Procedure § 338. 24 8. The second purported cause of action for “negligent misrepresentation” fails for failure to 25 join an indispensable party pursuant to Code of Civil Procedure §§ 389 and 430.10(d). 26 27 28 3 DEFENDANTS’ EUGENE MECHETNER AND MISSAG PARSEGHIAN’S DEMURRER TO PLAINTIFFS’ COMPLAINT 1 DEMURRER TO THIRD CAUSE OF ACTION 2 9. The third purported cause of action for “breach of fiduciary duty” is barred by res judicata 3 and collateral estoppel. Vendenberg v. Superior Court, 21 Cal. 4th 815, 828 (1999); Code 4 of Civil Procedure §§ 430.10 and 430.30(a). 5 10. The third purported cause of action for “breach of fiduciary duty” is barred pursuant to Code 6 of Civil Procedure § 426.30. 7 11. The third purported cause of action for “breach of fiduciary duty” is barred by the statute of 8 limitations pursuant to Code of Civil Procedure § 338. 9 10 DEMURRER TO FOURTH CAUSE OF ACTION 11 12. The fourth purported cause of action for “fraudulent concealment” is barred by res judicata 12 and collateral estoppel. Vendenberg v. Superior Court, 21 Cal. 4th 815, 828 (1999); Code 13 of Civil Procedure §§ 430.10 and 430.30(a). 14 13. The fourth purported cause of action for “fraudulent concealment” is barred pursuant to 15 Code of Civil Procedure § 426.30. 16 14. The fourth purported cause of action for “fraudulent concealment” is barred by the statute of 17 limitations pursuant to Code of Civil Procedure § 338. 18 15. The fourth purported cause of action for “fraudulent concealment” fails for failure to join an 19 indispensable party pursuant to Code of Civil Procedure §§ 389 and 430.10(d). 20 21 WHEREFORE, Demurring Parties, Eugene Mechetner and Missag Parseghian pray as 22 follows: 23 1. That this demurrer be sustained without leave to amend; 24 2. That demurring parties be awarded their costs of suit herein; and 25 3. For such other and further relief as the Court deems just and proper. 26 27 28 4 DEFENDANTS’ EUGENE MECHETNER AND MISSAG PARSEGHIAN’S DEMURRER TO PLAINTIFFS’ COMPLAINT 1 Dated: May 28, 2013 Respectfully submitted, 2 Law Offices of MANBIR S. CHOWDHARY, 3 A Professional Law Corporation 4 5 6 By: Manbir S. Chowdhary, Esq. 7 Attorneys for DEFENDANTS EUGENE MECHETNER and MISSAG H. 8 PARSEGHIAN 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 DEFENDANTS’ EUGENE MECHETNER AND MISSAG PARSEGHIAN’S DEMURRER TO PLAINTIFFS’ COMPLAINT 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. INTRODUCTION 3 Plaintiffs Santos Biotech Industries, Inc. and Stason Pharmaceuticals, Inc.’s (collectively 4 referred to herein as “Plaintiffs”) Complaint against Eugene Mechetner and Missag Parseghian (“Moving Defendants”) fails to state a claim upon which relief can be granted for multiple, 5 independent reasons. 6 First, Plaintiffs’ Complaint is barred by collateral estoppel, as it admittedly is based on the 7 same issues decided in previous litigation involving Eugene Mechetner, Missag Parseghian, and 8 Stonsa Biopharm, Inc., Santos Biotech Industries, Inc., and Stason Pharmceuticals, Inc. Whereas 9 the Court in the prior action determined that Moving Defendants (Mechetner and Parseghian) 10 fulfilled the obligations of their respective contractual agreements and ruled that the evidence at trial 11 did not indicate that they [Mechetner and Parseghian] failed to do what their employment required.
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