Judge: Steven A. Ellis, Case: 22STCV05262, Date: 2023-10-11 Tentative Ruling

Case Number: 22STCV05262    Hearing Date: October 11, 2023    Dept: 29

The Court would like to hear from counsel on three issues:

1.  Why was there no meet and confer on the demurrer?  This is mandatory under Code of Civil Procedure section 430.41(a), and the Code contains provisions regarding how a demurring party should proceed if the parties are not able to meet and confer in a timely fashion.  Why were these provisions not followed?

2. The plain language of Code of Civil Procedure section 430.41(b) appears to establish a procedural bar to this demurrer.  Should the Court follow the plain language of the statute and, if not, why not?

3.  This action is, according to the Complaint, based on a dangerous condition of public property located in the City of Industry.  Under what theory (legal or factual) could the City of La Puente possibly be liable for a dangerous condition of public property located outside the City of La Puente?  The complaint appears not to provide any answer to that question.