Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

This hearing is on Defendant Niv Levy’s demurrer and motion to strike the second amended complaint filed by Plaintiff Guzy Regev.   

Code Civ. Proc. §§ 430.41 and 435.5 requires that before the filing of a demurrer or motion to strike, the moving 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.” (CCP §§ 430.41(a), 435.5(a).)  The parties are to meet and confer at least five days before the date the responsive pleading is due. (CCP §§ 430.41(a)(2), 435.5(a)(2).)  Thereafter, the moving party shall file and serve a declaration detailing their meet and confer efforts. (CCP §§  430.41(a)(3), 435.5(a)(3).)   

Defendant submits the Declaration of Mark Waecker which fails to show the parties met and conferred in “person or by telephone.”  Rather, Defendant sent counsel for Plaintiff a letter, which letter in any event fails to outline all the arguments raised in the demurrer and motion to strike.  For this reason, the Court will continue the hearing on the demurrer and motion to strike, so that Defendant can comply with the requirements of Sections 430.41 and 435.5.  The hearing is continued to November 8, 2023 at 9:00 a.m.   

 

IT IS SO ORDERED. 

 

DATED: October 27, 2023 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court