Judge: John C. Gastelum, Case: 20-01124755, Date: 2022-10-11 Tentative Ruling

(1) Demurrer to Amended Complaint (?AC) (2) Motion to Strike 

Ruling:  (1-2) Off Calendar – no hearing will be held.   The Demurrer to Plaintiff Jamie Davis’ Third Amended Complaint filed by Defendant, First American Title Company, Inc. (“First American”) is CONTINUED to a date to be determined by the Court. The Motion to Strike Portions of Plaintiff’s Third Amended Complaint filed by Defendant, First American is CONTINUED to a date to be determined by the Court.  Clerk to give notice. 

“If, upon review of a declaration under [Code of Civil Procedure] section 430.41, subdivision (a)(3), a court learns no meet and confer has taken place, or concludes further conferences between counsel would likely be productive, it retains discretion to order counsel to meaningfully discuss the pleadings with an eye toward reducing the number of issues or eliminating the need for a demurrer, and to continue the hearing date to facilitate that effort.” (Dumas v. Los Angeles County Bd. of Supervisors (2020) 45 Cal.App.5th 348, 356.)

While there are emails dated September 9, 2021, and September 14, 2021, indicating that First American requested Plaintiff’s availability to meet and confer regarding Plaintiff’s Third Amended Complaint, there is no specification as to a demurrer and/or motion to strike.  (Declaration of Lori Hershorin, ¶ 22

Ex. 1 to Hershorin Decl.)  It also appears First American’s attempts consisted of only emails, with no attempt by other means to reach Plaintiff, such as by telephone.

In addition, First American does not dispute that it advised it would not file and serve a responsive pleading until First American is properly served. (Ex. 1 to Hershorin Decl.; email dated August 27, 2021.) Nor does it dispute that it sent an email dated October 14, 2021, that it intended to file a Motion to Quash Service of Plaintiff’s Third Amended Complaint. (Ex. 3 to Davis Decl.) However, it then appears that First American instead initially filed the instant demurrer and motion to strike on 10-21-21, and re-filed said motions on 6-2-22. (Reply Hershorin Decl., ¶¶ 17, 21.)

Moreover, the reply does not address Plaintiff’s email dated September 27, 2022 wherein she discussed meeting and conferring about First American’s reasons for demurrer and motion to strike. (Exs. 4 and 5 to Davis Decl.) First American also does not dispute it did not respond to Plaintiff’s emails dated September 26, 2022, or September 27, 2022.

Thus, it appears to the Court that no meet and confer occurred before the instant demurrer and motion to strike were filed or while they were pending.

The Court ORDERS Plaintiff and First American’s counsel to meet and confer in person, by zoom or video remote technology, or over the telephone and to meaningfully discuss the Third Amended Complaint and the arguments raised in the demurrer and motion to strike with an eye toward reducing the number of issues or eliminating the need for a demurrer and/or motion to strike.

First American’s counsel to file and serve a declaration no later than nine (9) court days before the hearing date describing the parties’ meet and confer efforts, and specifying what issues have been resolved, or remain for the Court to resolve. If no declaration is timely filed, the Court will construe this to mean that the issues have been resolved and will take the demurrer off-calendar.

No other filings will be permitted.

First American to give notice.