Judge: Christopher K. Lui, Case: 23STCV04105, Date: 2024-06-07 Tentative Ruling

Case Number: 23STCV04105    Hearing Date: June 7, 2024    Dept: 76

            Plaintiffs allege that they paid rent to Defendant, who did not forward the rent to the property owner, leading to Plaintiffs’ eviction.

            Defendant Geoffrey Alan Harris Lichtman demurs to the Complaint and moves to strike portions thereof.

TENTATIVE RULING

Moving Defendant expressly acknowledges that the parties did not meet and confer, but Defendant did not present a declaration reflecting an attempt to meet and confer in accordance with Civ. Proc. Code, § 430.41 and § 435.5. 

Civ. Proc. Code, § 430.41 and § 435.5 do not apply to self represented parties only if they are incarcerated, or if the proceeding is for forcible entry, forcible detainer, or unlawful detainer. (Civ. Proc. Code, § 430.41(d)(1); § 435.5(d)(1)(also inapplicable to a SLAPP motion or motion brought less than 30 days before trial.) None of those situations apply here. 

On June 7, 2024, Defendant Lichtman submitted a Declaration indicating that he attempted to contact Plaintiffs by telephone to meet and confer about the punitive damages, which only pertains to the motion to strike, and fraud, which is only part of the demurrer.  Lichtman does not indicate that he left a message for each Plaintiff regarding a meet and confer effort. 

More fundamentally, Plaintiff Vanessa Poydras filed a Declaration indicating that, not only did Defendant fail to meet and confer regarding this motion, but he also did not serve Plaintiff with the motions. This is consistent with the proof of service not indicating the method of service.

As such, the hearing on the demurrer and motion to strike is CONTINUED to July 15, 2024 at 8:30 a.m. Defendant is to properly serve Plaintiffs with the demurrer and motion to strike and satisfy the meet and confer requirement set forth in Civ. Proc. Code, § 430.41. Supplemental declaration reflecting compliance with this Court’s order is due by July 8, 2024.