Judge: Frank M. Tavelman, Case: 24NNCV04524, Date: 2025-04-18 Tentative Ruling

Case Number: 24NNCV04524    Hearing Date: April 18, 2025    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

DEMURRER

NOTICE:

The Court is not requesting oral argument on this matter.  The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested.  Unless the Court directs argument in the Tentative Ruling, no argument is required and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no argument is received.  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ALLEGATIONS

On September 24, 2024, Sarajian Law Group, AP:C d/b/a L.A. Injury Attorneys (“Plaintiff”) filed a complaint alleging eleven causes of action:  (1) Breach of Fiduciary Duty, (2) Breach of Contract, (3) Breach of Covenant of Good Faith and Fair Dealing, (4) Conversion, (5) constructive Fraud, (6) Fraud, (7) Negligent Misreprenstation, (8) Intentional Misrepresentation, (9) Unfair Competition, (10) Unjust Enrichment and (11) Accounting.

Defendants Adrian Guerrero and Barbara Guerrero doing business as ACG Digital Media and Alkas Solutions (collectively “Defendants”) filed a demurrer on January 15, 2025 with a hearing date of April 18, 2025.  The parties attempted to continue the Demurrer by stipulation to one specific date; however, the date selected by the parties was not available for the court and no new date was provided by the parties.  As such, the Court will rule on the Demurrer.

Defendants filed a special and general demurrer to the second and third causes of action and a general demurrer to the fourth, fifth, sixth, seventh, eighth, ninth, and tenth causes of action.

Plaintiff filed no opposition.

LAW AND ANALSYSIS

C.C.P. §§ 430.41(a) requires that the moving party meet and confer with the party who filed the pleading that is subject to the demurrer. Upon review, the Court finds the meet and confer requirements were NOT met. (Berkley Decl.).  On December 6, 2024 counsel for the Defendants wrote a meet and confer letter and emailed it to Plaintiffs. (Berkley Decl. para 3).  On December 11, 2024, Alma Mejia responded for Plaintiff and advised that Plaintiff was seeking to obtain outside counsel and she would forward Notices of Acknowledgment.  (Berkley Decl. para 4).  No other conversation took place concerning the meet and confer process.  Given that four months have elapsed since Defendants were advised that Plaintiff was seeking outside counsel, no such counsel has been retained.

Failure to meet and confer may be a basis to continue a Demurrer but is not a basis to deny the motion.

Failure to Oppose a Motion (CRC 8.54(c)) - A failure to oppose a motion may be deemed a consent to the granting of the motion.  Failure to file an opposition to the motion indicates the other parties' acquiescence that the motion is meritorious. CRC Rule 8.54(c).

The Plaintiff having failed to file an opposition has conceded under CRC Rule 8.54(c) that the motion is meritorious.   As such, the Court sustains the Demurrer with 30 days leave to amend.

CONCLUSION

Defendant’s special and general demurrer to the second and third causes of action and a general demurrer to the fourth, fifth, sixth, seventh, eighth, ninth, and tenth causes of action is sustained with 30 days leave to amend.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records. 

ORDER 

Defendant’s Demurrer came on regularly for hearing on April 18, 2025, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

Defendant’s special and general demurrer to the second and third causes of action and a general demurrer to the fourth, fifth, sixth, seventh, eighth, ninth, and tenth causes of action is sustained with 30 days leave to amend.

CASE MANAGEMENT CONFERENCE IS CONTINUED TO JULY 31, 2025 AT 9:00 AM.

DEFENDANT ADRIAN GUERRERO  TO GIVE NOTICE.

IT IS SO ORDERED.