Judge: Teresa A. Beaudet, Case: 21STCV46946, Date: 2023-03-20 Tentative Ruling

Case Number: 21STCV46946    Hearing Date: March 20, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff Jane Doe (“Doe”) filed this action on December 23, 2021 against a number of defendants including Ramy Elias, M.D. (“Elias”). On November 29, 2022, Doe filed the operative Second Amended Complaint, asserting a number of causes of action.

On March 7, 2022, Elias filed a Cross-Complaint against a number of Cross-Defendants, including Doe. On June 13, 2022, Elias filed a First Amended Cross-Complaint (“FACC”), asserting causes of action for (1) fraud, (2) attempted extortion, (3) slander per se, (4) conversion, (5) intentional infliction of emotional distress, and (6) conspiracy to commit fraud. On November 17, 2022, the Court issued an Order sustaining Cross-Defendants’ demurrer to the first, third, and sixth causes of action of the FACC, with leave to amend. The Court overruled the demurrer to the fourth and fifth causes of action. 

On December 5, 2022, Elias filed the operative Second Amended Cross-Complaint (“SACC”), asserting causes of action for (1) fraud, (2) attempted extortion, (3) slander per se, (4) conversion, (5) intentional infliction of emotional distress, and (6) conspiracy to commit fraud.  

Doe and the other cross-defendants (collectively, the “Cross-Defendants”) now demur to the first and sixth causes of action of the SACC. Elias opposes.

Discussion

As an initial matter, the Court notes that Cross-Defendants’ counsel’s declaration filed in support of the demurrer indicates, inter alia, “[o]n or about December 30, 2022, I informed Cross-Complainant’s counsel, Tina Starr and Ali R. Mirhosseini of the Mirhosseini Law Group, via email, that I planned to file a demurrer on behalf of Cross-Defendants to Cross-Complainant’s first, third and sixth causes of action for fraud, slander per se, and conspiracy to commit fraud, respectively. I specified the grounds for the demurrer in the email and invited them to discuss the grounds in conversation that day.” (Okadigbo Decl., ¶ 12, Ex. C.) Mr.  Okadigbo’s December 30, 2022 email indicates, inter alia, “[d]o you have time later today to discuss? Or will you maintain that a discussion is not needed due to a belief that your pleadings are adequate? Please advise accordingly.” (Ibid.) Cross-Complainant’s counsel responded, inter alia, “I am going to be out of town for the holiday weekend, but I believe that we are at an impasse and you should move forward with your demurrer.” (Ibid.)  

The Court notes that Cross-Defendants’ counsel’s declaration does not demonstrate that the parties met and conferred by telephone or in person. 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 light of the foregoing, the hearing on Cross-Defendants’ demurrer is continued to May 3, 2023 at 10:00 a.m. in Dept. 50.¿

Cross-Defendants are¿ordered to meet¿and confer¿with Elias 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, Cross-Defendants are 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.¿ 

Cross-Defendants are ordered to give notice of this order.¿ 

DATED:  March 20, 2023                              ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court