Judge Peter A. Hernandez, Case Number: 20STCV22895, Date: 2023-09-06 Tentative Ruling

1. The hearing on Defendant Finnian Ebuehi’s Demurrer to Plaintiff’s First Amended Complaint is CONTINUED to December 7, 2023 at 9:30 a.m. [see below].

2. The hearing on Defendant Elizabeth Ebuehi’s Demurrer to Plaintiff’s First Amended Complaint is CONTINUED to December 7, 2023 at 9:30 a.m. [see below].

Plaintiff was a tenant of the multi-unit residential property located at 2551 Yorkshire Way, Pomona CA 91767 (“subject property”) from September 2018 to July 2019. The subject property was owned by Defendants Finnian Ebuehi (“Finnian”) and Elizabeth Ebuehi (“Elizabeth”) from August 13, 2018 to on or about April 27, 2020. The subject property suffered from numerous habitability issues during Plaintiff’s tenancy, which Finnian and Elizabeth failed to ameliorate.

On February 15, 2023, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Finnian, Elizabeth and Does 1-50 for:

2. Breach of Covenant and Right to Quiet Enjoyment and Possession of the Property

On April 21, 2023, the case was ordered reassigned from Department 30 of the personal injury court to this instant department.

Finnian demurs, per Code of Civil Procedure § 430.10(a),(b),(e) and (f), to the entirety of Plaintiff’s FAC.

The hearing on the demurrer will be continued to December 7, 2023 at 10:30 a.m. (Code Civ. Proc., §§ 128; 430.41[2].) Code of Civil Procedure § 430.41 requires a demurring party in certain civil actions, before filing the demurrer, to engage in a specified meet and confer process with the party who filed the pleading demurred to 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.

Finnian’s demurrer is not accompanied by a Code of Civil Procedure § 430.41 meet and confer declaration whatsoever. Further, Plaintiff’s counsel Chandra Gehri Spencer (“Spencer”) confirms that “Defendants’ counsel never contacted my office prior to filing the Demurrers and failed to comply with the meet and confer requirements of Code of Civil Procedure Section 430.41(a).” (Spencer Decl., ¶ 23).

The court, then, will continue the hearing. Counsel for Finnian must file a declaration in compliance with Code of Civil Procedure § 430.41 at least nine court days prior to the continued hearing date.

Elizabeth demurs, per Code of Civil Procedure § 430.10(a),(b),(e) and (f), to the entirety of Plaintiff’s FAC.

The hearing on the demurrer will be continued to December 7, 2023 at 9:30 a.m, for the reason identified above. Counsel for Elizabeth must file a declaration in compliance with Code of Civil Procedure § 430.41 at least nine court days prior to the continued hearing date.

[1] Demurrers #1 and #2 were filed (and served via mail) on March 21, 2023 and originally set for hearing on April 20, 2023. On April 20, 2023, the court continued the hearing to April 24, 2023. Again, on April 21, 2023 the case was ordered reassigned from Department 30 of the personal injury court to this instant department. The hearing on the instant demurrers was subsequently rescheduled to September 6, 2023.

[2] This provision reads, in relevant part, as follows: “(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, cross-complaint, or answer 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.

(1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.

(2) The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause.

(3) The demurring party shall file and serve with the demurrer a declaration stating either of the following:

(A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer.

(B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith…”