Judge: Andre De La Cruz, Case: 2023-01300327, Date: 2023-08-07 Tentative Ruling

1. Demurrer to Complaint

Code Civ. Proc., § 430.41

(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.

In this instance, Defense Attorney Omid J. Shirazi declares, “Pursuant to CCP § 430.41, and 435.5 (a)(2) I could not meet and confer in good faith prior to filing this Demurrer as Defendant recently retained me to represent him against Plaintiff’s claims on March 16, 2023, and that the responsive pleading is due today.” (Decl. Shirazi, ¶ 4).

That is, not only did counsel fail to meet and confer in person or telephonically, but he also failed to attempt to meet and confer, period. His excuse, that he had just been retained is insufficient.

Furthermore, the failure to comply with CCP § 430.41 has not been waived by Plaintiff as Plaintiff specifically argues in the Opposition that Defendant failed to meet and confer.

As such, the Court will continue the demurrer (and motion to strike) and order a meet and confer pursuant to CCP § 430.41. Nine (9) court days prior to the continued hearing date, moving party is ordered to file a code compliant declaration setting forth the results of the meet and confer.

2. Motion to Strike Complaint filed by Neusha Ghassemian on 3/17/23

See, supra.