(IAN Case title) NOTICE OF OPPOSITION TO DEMURRER; OPPOSITION TO

DEMURRER; POINTS AND AUTHORITIES; DECLARATION OF JACKIE

SANGSANOY; AND ATTACHMENTS
(BEGIN PLEADING PAPER)

INTRODUCTION

You are hereby notified that plaintiff Jackie Sangsanoy opposes the demurrer filed
by defendant Vaeo Sangsamkram on the following grounds:
1) Each and every cause of action in plaintiffs complaint does state sufficient facts
to state a cause of action;
2) A. valid implied in fact contract was in fact created by the acts of the defendant
3) All causes of action are within the statute of limitations period.
4) The implied promises and actions by the defendant create a bar tothe statute of
frauds.
POINTS AND AUTHORITIES
FACTUAL BACKGROUND
In 2006, JS, her brother vow, and vows domestic partner X were living at a
residence owned by JS in Lakeside California. During family discussions, the 3
individuals decided JS would obtain a home equity loan ( HELOC) with some of the
funds being used by Val and Hess as a down payment on their own residence. JS did
arrange for the HELOC and $340,000 of the proceeds were given to vow and S for a
down payment on the new home which was to be owned jointly by them.
JS does not remember the exact words used by S in agreeing to repay the loan
however, S accepted the money and used it as a down payment to secure a
promissory note on the home in Vista California. J and S also obtained a trust deed
in both their names as joint tenants. S later sent text messages to JS ratifying her
promise to repay the loan (Attcchment1). Also see the declaration of JS (Infra) for
additional statements and history of the transactions.
Vow and S did in fact purchase the Vista residence and executed a promissory note
and trust deed. They lived in the Vista residence until vow died in November 2013.
Vow and S made each of the payments they promised to JS to repay the loan for the
down payment on the Vista residence as alleged in the complaint. After vows death,
as refused to make any additional payments to repay the loan to JS. S did send a
text messages to JS acknowledging the debt but saying she was unable to repay it.
After vows death JS and S entered into in oral contract where JS would advance
certain funeral expenses which were to be repaid by S immediately. The agreement
was based on the fact vow was Ss domestic partner and she felt an obligation to
contribute to those costs.

DECLARATION OF JACKIE-HENG SANGSANOY

I, Jackie Sangsanoy-Heng and my two brothers, Vaeo and Vav Sangsanoy obtained a loan
of $400,000 for a property in Lakeside, California. We had to have a first and second
(loan). No financial assistance was received from either brothers for the home. It is with
mutual understanding that other members of the family would be room mates and I would
be the main owner, responsible for most of the mortgage and tax filings as appropriate. Us
three siblings and parents moved in on November of 2003. Vanchan Saysongkram (Vaeo's
girlfriend at the time), who was staying off and on with us in San Diego, came too.
Agreement was made with all members of the family to contribute in various ways and
amounts towards the household expenses. Vaeo and Vanchan, together were asked to make
monthly contribution of $500, towards the mortgage. Their contribution was set at this
amount due to Vanchan was a student and didn't have any income.
In May of 2006, Vaeo informed the family, he and Vanchan wanted to purchase their own
home. The only way possible was to take the equity in the Lakeside house to secure a down
payment for the new property ($340,000). The three of us applied for a new loan (total
$117,535 to be paid off in 15 years at $1049.66/mo). One amount was used for the down
payment for the condo in San Marcos ($68,400) and the other was to payoff off the second
loan in Lakeside ($49,135 - w/closing cost). We had to pay off the second loan on the
Lakeside property in order to qualify for the ELOC. Since Vanchan just started working,
despite the now larger debt, the family agreed their share of cost will continue at $500/a

month. Vanchan is aware of the $500 monthly payment and texted me on 12/20/13, to see if
payment was received. Their payment were missed once...during the month of Vaeo's death
on 12/30/13.
LEGAL ARGUMENTS