Judge: Holly J. Fujie, Case: 23STCV09605, Date: 2024-04-15 Tentative Ruling

Case Number: 23STCV09605    Hearing Date: April 15, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTIES: Defendant Regents of the University of California (“Defendant”)

RESPONDING PARTIES: Plaintiff Isaiah Dryer (“Plaintiff”)

            The Court has considered the moving and opposition papers. No reply was filed.

BACKGROUND

This action arises out of an employment relationship. Plaintiff filed this action on April 28, 2023.

On December 18, 2023, Plaintiff filed the operative Second Amended Complaint against Defendant, following a stipulation and order to amend the pleading, for: (1) discrimination, (2) failure to prevent discrimination, (3) failure to engage in a timely good faith interactive process, (4) failure to provide reasonable accommodation, (5) retaliation, (6) harassment, and (7) failure to prevent harassment.

On February 26, 2024, Defendant filed the instant demurrer to each cause of action in the Second Amended Complaint. On April 2, 2024, Plaintiff filed an opposition and supporting declaration representing that Defendant did not meet and confer adequately prior to filing the demurrer and that Plaintiff is agreeable to amending the pleading to be more detailed. Defendant has not replied.

MEET AND CONFER

Before filing a demurrer, demurring party is required to meet and confer with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (See Code Civ. Proc., § 430.41.)

Here, the Court finds that Defendant has not sufficiently met and conferred prior to the filing of the demurrer as required by CCP § 430.41.

Based on the foregoing, the Court orders the parties to meet and confer by April 22, 2024 and, if they are unable to reach a resolution of all issues covered by the Demurrer, Plaintiff’s opposition is due May 3, 2024 and any reply is due May 10, 2024.  The hearing on the Demurrer is CONTINUED to May 17, 2024 at 8:30 a.m..

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

          Dated this 15th day of April 2024