Judge: Christopher K. Lui, Case: 24STCV04105, Date: 2024-05-07 Tentative Ruling

Case Number: 24STCV04105    Hearing Date: May 7, 2024    Dept: 76

The hearing on the demurrer and motion to strike is CONTINUED to June 7, 2024 at 8:30 a.m. 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 litigants 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.

Moreover, the fact that the Defendant is an attorney acting in pro per does not prohibit Defendant from communicating with Plaintiffs directly because they are not represented by counsel either. (See, e.g., San Francisco Unified School Dist. ex rel. Contreras v. First Student, Inc. (2013) 213 Cal.App.4th 1212, 1230-1231 [discussing the applicable professional rule of conduct prohibiting an attorney from communicating directly with a party known to be represented by counsel in the matter without that counsel’s consent].)

Defendant is to file meet and confer declarations 7 days prior to the continued hearing date.