Judge: John C. Gastelum, Case: 21-01207656, Date: 2022-09-27 Tentative Ruling

(1) Demurrer to First Amended Complaint (2) CMC  

Ruling:  Off Calendar – no hearing will be held.   

Defendants Tesla Motors, Inc. and Tesla Finance LLC (“Defendants”) demur to the First, Second, Third, and Fifth causes of action of the First Amended Complaint (FAC) of Plaintiff Babak Mehranvar (“Plaintiff”). 

As an initial matter, the Court notes Defendants did not satisfy the meet and confer requirement prior to filing the Demurrer.  A party filing a demurrer is required to meet and confer in person or by telephone with the party who filed the pleading subject to the demurrer and file a declaration stating the means by which the meet and confer took place, pursuant to Code of Civil Procedure Section 430.41.  No meet and confer declaration has been filed. 

The Court continued the hearing on this Demurrer from 8-16-22 to 9-27-22 with an order to the parties to meet and confer regarding the issues raised and file a joint statement relaying which issues, if any, have been resolved and which remain in dispute, no later than nine court days before the continued hearing date.  A joint statement was due by 9-13-22 and none has been filed.

The Court will construe the parties’ failure to file a joint statement as ordered as evidence that all matters raised in the Demurrer have been resolved.  Thus, the Demurrer is taken off calendar. 

Defendants to file an answer to the FAC within 10 days.

CMC is continued o 12-5-2022, Dept. C11, at 8:45 am. 

Defendants to give notice.