Judge: John C. Gastelum, Case: 21-01216715, Date: 2022-09-06 Tentative Ruling

Demurrer to Second Amended Complaint

Ruling:  Off Calendar – no hearing will be held.  Demurrer is continued to 11-8-2022, Dept. C11, at 2 pm.   Defendants Diane Arevalo and Claro Ledesma Alcantara (“Defendants”) demur to the SAC of Plaintiffs Richard Arthur Clinton; Helen Clinton (“Plaintiffs”) on the ground each cause of action alleged against Alcantara fails to state sufficient facts and is uncertain, ambiguous, or unintelligible. 

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.  Here, no meet and confer efforts by telephone or in person were conducted.  Accordingly, the court will continue the matter to allow for the required meet and confer efforts.  The Court admonishes counsel that any future failure to comply with all applicable laws or rules may result in the motion or demurrer being taken off calendar or denied, if appropriate.

Defendants to give notice.