Judge: Mark H. Epstein, Case: 24SMCV06364, Date: 2025-05-05 Tentative Ruling

Case Number: 24SMCV06364    Hearing Date: May 5, 2025    Dept: I

The motion to strike the demurrer is DENIED.  The court exercises its discretion to consider the untimely demurrer.  After all, were the court to strike it, all that would do is lead to a timely MJOP.  It is better to reach the merits than engage in a number of procedural delays one way or the other.  As to the failure to meet and confer, the court believes that under these circumstances that failure is excused.  But even if it were not excused, the court could not strike the demurrer or overrule it on that ground.  The most the court could do under the law is continue the hearing to allow the meet and confer.  Having reviewed the pleadings thus far, the court does not believe that there is any reasonable likelihood that a meet and confer would result in plaintiff agreeing to dismiss the complaint, and thus it would be a futile act.