Judge: Richard Y. Lee, Case: 30-2021-01238949, Date: 2022-08-18 Tentative Ruling

Defendant HBI Construction, Inc. moves pursuant to Code of Civil Procedure section 438 for a judgment on the pleadings.  Defendant HBI Construction, Inc.’s Motion for Judgment on the Pleadings is CONTINUED to September 8, 2022 at 1:30 PM in Department W15 for insufficient meet and confer.

“Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.”  (Code Civ. Proc., § 439, subd. (a).) 

During the meet and confer, “the moving party shall identify all of the specific allegations that it believes are subject to judgment and identify with legal support the basis of the claims.”  (Code Civ. Proc., § 439, subd. (a)(1).)  The meet and confer must take place at least five days before the date on which the motion is filed.  (Code Civ. Proc., § 439, subd. (a)(2).) 

A declaration regarding the meet and confer efforts must be filed with the moving papers.  (Code Civ. Proc., § 439, subd. (a)(3).) 

Here, Defendant failed to submit a declaration with its moving papers regarding the meet and confer efforts.  The Court declines to consider all new points, arguments, and evidence presented for the first time on reply.  (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538; Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010.)  As such, the Motion for Judgment on the Pleadings is continued.

Moving party must submit a declaration regarding its meet and confer efforts with Plaintiff in compliance with Code of Civil Procedure section 439 no later than nine (9) court days before the continued hearing.

Moving party to give notice.