Judge: John C. Gastelum, Case: 21-01228077, Date: 2022-12-06 Tentative Ruling

(1) Demurrer to Complaint (2) CMC

Ruling: Off Calendar – no hearing will be held.  Defendant Charlene Sproul (“Defendant”) demurs to Complaint of Plaintiff Christine Paragone (“Plaintiff”) on the grounds that Plaintiff’s sole cause of action for conversion fails to state facts sufficient to state a cause of action against Defendant and is uncertain. 

As an initial matter, the Court notes Defendant failed to 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 here.  Defendant is admonished that future failure to comply with all applicable rules and statutes may result in the motion being taken off calendar or sanctions, where appropriate.

The hearing is CONTINUED to 2-7-2023, Dept. C11, at 2 pm to allow the parties to complete the required meet and confer process.  The parties are ORDERED to file a joint statement of any remaining issues no later than nine court days before the continued hearing date.

The CMC is also continued to 2-7-2023 at 2 pm.

Defendant to give notice.