Superior Court of California

County of Los Angeles

Department 50

TINE NILSEN, Plaintiff, vs. JOAO HENRIQUES, et al. Defendants.	Case No.:	21STCV47598
	Hearing Date:	April 5, 2023
	Hearing Time:	2:00 p.m.
	ORDER RE: DEMURRER TO COMPLAINT and CONTINUATION OF CMC

Background

Plaintiff Tine Nilsen (“Plaintiff”) filed this action on December 30, 2021 against Defendants Joao Henriques and Anika Patel (jointly, “Defendants”).

Plaintiff filed the operative First Amended Complaint (“FAC”) on January 7, 2022. The FAC alleges one cause of action for breach of lease.

Defendants, in pro per, filed a “Demurrer to Complaint.” Plaintiff opposes.

Discussion

As an initial matter, the Court notes that to the extent Defendants are demurring to the original Complaint, any such demurrer is moot. As set forth above, Plaintiff filed the operative FAC on January 7, 2022.

To the extent Defendants are demurring to the FAC, Defendants have not demonstrated that they adequately met and conferred with Plaintiff in advance of doing so.

The Declaration of Joao Henriques in support of the demurrer indicates, inter alia, “[a]ttached hereto is my Code of Civil Procedure §430.41 letter attempting to meet and confer with Plaintiff’s counsel.” (Henriques Decl., p. 5:7-8.) The Court notes that no such letter is attached. In addition, on December 2, 2021, Defendants filed a “Declaration of Demurring or Moving Party in Support of Automatic Extension,” which references a written letter dated December 1, 2022 from Defendants to Plaintiff’s counsel.

Defendants have not demonstrated that they met and conferred by telephone or in person 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.” (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.

Conclusion

Based on the foregoing, to the extent Defendants are demurring to the original Complaint, any such demurrer is denied as moot.

To the extent Defendants are demurring to the FAC, the hearing on such demurrer is continued to April 21, 2023 at 10 a.m. in Dept. 50.¿

Defendants are¿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, 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.¿

ADDITIONALLY, THE COURT DID NOT RECEIVE A COURTESY COPY OF THE REPLY. PLEASE BE SURE TO DELIVER A COPY TO DEPT. 50 FIVE COURT DAYS PRIOR TO THE HEARING.

THE CASE MANAGEMENT CONFERENCE IS CONTINUED TO APRIL 21, 2023 AT 10 A.M. IN DEPT. 50.

Defendants are ordered to give notice of this order.¿

DATED: April 5, 2023 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court