Judge: Teresa A. Beaudet, Case: 19STCV21850, Date: 2023-05-17 Tentative Ruling
Case Number: 19STCV21850 Hearing Date: May 17, 2023 Dept: 50
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richard meng, et al., Plaintiffs, vs. leon richard mays, et al., Defendants. |
Case No.: |
19STCV21850 |
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Hearing Date: |
May 17, 2023 |
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Hearing Time: |
2:00 p.m. |
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[TENTATIVE]
ORDER RE: DEFENDANT LEON RICHARD MAYS’ DEMURRER TO PLAINTIFFS’ FOURTH AMENDED
COMPLAINT |
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Background
Plaintiffs Richard Meng and Vivian Meng (jointly
“Plaintiffs”) filed this action on June 21, 2019 against, inter alia,
Defendant Leon Richard Mays (“Mays”).
The operative Fourth Amended Complaint (“FAC”)
was filed by Plaintiffs on January 27, 2023. The FAC asserts causes of action
for (1) intentional misrepresentation, (2) negligence, (3) fraudulent
conveyance, (4) “withdrawn,” (5) violation of
Mays in pro per, now demurs
to the eleventh cause of action of the FAC. Plaintiffs oppose.
Discussion
As
an initial matter, the Court notes that Mays did not file any declaration
demonstrating that he met and conferred with Plaintiffs in advance of 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. 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.” (Emphasis added.) Such
meeting and conferring must be done in good faith with an effort to try to
resolve the issues subject to the demurrer.
In addition, pursuant to Code of Civil Procedure section 430.41, subdivision (a)(3),
“[t]he 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.”
In light
of the foregoing, the hearing on Mays’s demurrer is continued to _______________, 2023 at 2 p.m. in
Dept. 50.¿
Mays is¿ordered to meet¿and confer¿with Plaintiffs 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,
Mays 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.¿¿
Mays is ordered to give notice of this order.¿¿
DATED:
Hon.
Teresa A. Beaudet
Judge,
Los Angeles Superior Court