Judge: Linda S. Marks, Case: 2022-01241401, Date: 2023-05-22 Tentative Ruling

1. Demurrer to Amended Complaint filed by GARD Acoustic, Inc.

Defendant GARD Acoustic’s Inc. seeks an order sustaining the demurrer to the 1st-4th causes of action in the Second Amended Complaint.

Initially, pursuant to CCP§430.41(a), “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended

complaint…is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.”

In this instance, the Declaration of Attorney Stec filed with the demurrer indicates, “I engaged in a meaningful meet and confer with counsel for Plaintiff Cal Select Builders, Inc. over email about the case…” (Decl. of Stec ¶ 2, Emphasis Added).

However, as set forth above, a meet and confer via email does not comply with the code.

This is also not the first time that counsel has failed to adequately meet and confer. On 9/14/2022, a demurrer to amended complaint was set for hearing herein. However, because of Defense counsel’s failure to meet and confer in person or telephonically, the Court continued the demurrer to 10/24/2022. In ruling on the prior demurrer, this Court expressing indicated, “[Counsel are reminded to meet and confer pursuant to CCP§430.41 prior to filing an amended pleading or motion attacking any subsequent pleading].” (ROA 59)

Additionally, the Court notes that although it previously denied Defendant’s Request for Judicial Notice (RJN), and Defendant again submits an impermissible RJN. Finally, although the Court overruled the demurrer to the 4th cause of action, Defendant again seeks an order sustaining the demurrer to the 4th cause of action.

The Court will not consider arguments and requests previously ruled upon.

Demurrer is Overruled; Defendant is to file an Answer within five (5) days of the hearing date.

Plaintiff to give notice.

2. Case Management Conference