Judge: Teresa A. Beaudet, Case: 18STCV00867, Date: 2023-03-03 Tentative Ruling

Case Number: 18STCV00867    Hearing Date: March 3, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On October 11, 2018, Plaintiff JNS Collective, LLC (“Plaintiff”) filed this action against Defendants Mora’s Cutting and Finishing aka Mora’s Cutting and Sewing and Joel Rico (“Rico”).

On August 30, 2022, Plaintiff filed the operative Third Amended Complaint (“TAC”), asserting causes of action for (1) breach of contract and (2) fraud.

Rico now demurs to both of the causes of action of the TAC.[1] Plaintiff opposes.

Discussion

As an initial matter, the Court notes that Rico did not file any declaration demonstrating that the parties met and conferred by telephone or in person in advance of Rico filing the instant demurrer.

Pursuant to Code of Civil Procedure section 430.41, subdivision (a), “[b]efore 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.” (Emphasis added.) “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.” (Code Civ. Proc., § 430.41, subd. (a)(3).)

 Such meeting and conferring must be done in good faith with an effort to try to resolve the issues subject to the demurrer.

In light of the foregoing, the hearing on Rico’s demurrer is continued to May 3, 2023 at 2 p.m. in Dept. 50.¿

Rico is¿ordered to meet¿and confer¿with Plaintiff¿within 10 days of the date of this order.¿If the parties are unable to resolve the pleading issues¿or if the parties are otherwise unable to meet and confer in good faith, Rico is to¿thereafter¿file and serve¿a declaration setting forth the efforts to meet and confer in compliance with¿Code of Civil Procedure section 430.41, subdivision (a)(3) within 15 days of this order.¿ 

Rico is ordered to give notice of this order.¿ 

DATED:  March 3, 2023                                ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court