Judge: Lee W. Tsao, Case: 23NWCV00596, Date: 2024-05-30 Tentative Ruling

Case Number: 23NWCV00596    Hearing Date: May 30, 2024    Dept: C

ARAMBULA v. CABRERA

CASE NO.:  23NWCV00596

HEARING:  05/30/24

#6

Defendant VINCENT MICHAEL MATAMOROZ’s Motion to Strike Portions of Plaintiff’s Complaint is CONTINUED to Thursday, July 11, 2024 at 10:30 a.m. in Dept. SE-C.

Moving Party to give notice.

The parties are ORDERED to comply with CCP § 435.5(a). If, after complying with CCP § 435.5(a), court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant motion to strike, then the Moving Party must submit a signed declaration indicating such efforts pursuant to CCP §435.5(a). The declaration must be filed no later than July 1, 2024.

CCP §435.5(a) requires a moving party, before filing a motion to strike, to engage in a specified meet and confer process with the party who filed the pleading at issue for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the demurrer and/or motion to strike. 

The Court finds that the Moving Party has not satisfied the meet and confer requirements outlined above where no meet and confer declaration is attached to the Moving Papers. The provisions of CCP §435.5(a) are mandatory; compliance is not optional. This matter is CONTINUED as indicated above.