Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

This hearing is on Defendant State Farm General Insurance Company’s demurrer to and motion to strike the Complaint.   

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 or motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer or motion to strike.  (Code Civ. Proc. §§ 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. (Code Civ. Proc. §§ 430.41(a)(2), 435.5(a)(2).)  Thereafter, the moving party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc. §§ 430.41(a)(3), 435.5(a)(3).)   

State Farm submits the Declaration of Matthew F. Batezel which fails to show the parties met and conferred by telephone or in person.  Rather, Counsel attests he sent an email to Plaintiffs’ counsel.  Counsel did not attempt to call Plaintiffs’ counsel or otherwise propose dates and times for a call.  It is not even clear whether the e-mail addressed all the arguments raised in the demurrer and motion to strike.  These half-hearted efforts to meet and confer are insufficient.  The Court continues the hearing on the demurrer and motion to strike to October 15, 2024 at 9:00 a.m. to allow the parties time to meaningfully meet and confer, and to file proof thereof.   

 

IT IS SO ORDERED. 

 

DATED: September 25, 2024 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court