Judge: Christopher K. Lui, Case: 22STCV33851, Date: 2023-03-22 Tentative Ruling

Case Number: 22STCV33851    Hearing Date: March 22, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the demurrer addressed herein.  As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.  Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.  If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling.

            Plaintiff is a talent agency alleging that Defendant model/social media influencer terminated her contract with Plaintiff in breach of the contractual terms.

            Defendant filed a Cross-Complaint alleging Plaintiff/Cross-Defendant failed to perform under the agreement but still demanded a 20% commission.

Plaintiff/Cross-Defendant The Industry Group USA, LLC demurs to the Cross-Complaint.

TENTATIVE RULING           

The hearing on Plaintiff/Cross-Defendant The Industry Group USA, LLC demurrer to the Cross-Complaint is CONTINUED to April 26, 2023 at 8:30 a.m. Plaintiff/Cross-Defendant is to file a meet and confer declaration sufficiently in advance of that hearing date. 

The Case Management Conference is also continued to April 26, 2023 at 8:30 a.m.

ANALYSIS

Demurrer

Request For Judicial Notice

            Plaintiff/Cross-Defendant’s request that the Court take judicial notice of the Complaint and Cross-Complaint filed in this action is GRANTED per Evid. Code, § 452(d)(court records).

Meet and Confer

            Plaintiff/Cross-Defendant’s counsel did not file a meet and confer declaration, as required by Civ. Proc. Code, § 430.41. As such, the hearing on the demurrer is CONTINUED to April 26, 2023 at 8:30 a.m. (A hearing on Plaintiff’s motion for leave to file an amended complaint is also set for that day.)

            Plaintiff/Cross-Defendant is to file a meet and confer declaration sufficiently in advance of that hearing date.