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 21, 2023
	Hearing Time:	10:00 a.m.
	[TENTATIVE] ORDER RE: DEMURRER TO COMPLAINT

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 it issued an Order on April 5, 2023 continuing the hearing on the instant demurrer from April 5, 2023 to April 21, 2023.

The Court’s April 5, 2023 Order noted that “[t]o 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 April 5, 2023 Order also provides that “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.”

The Court notes that Defendants filed a “Report on Demurrer/Strike Meet and Confer” at 3:52 p.m. on 4/20/23. The Report has a proof of service that indicates that a copy of the Report was mailed to Counsel for Plaintiffs on 4/20/23. No email service was made despite the fact that Counsel’s email is listed on the pleadings. There is no possibility that a document served via regular mail would reach Plaintiff’s counsel prior to this hearing. Additionally, Defendants have not listed their telephone numbers and emails on their filings; this does not comply with court requirements. Defendants must promptly file a declaration setting forth their email and telephone numbers so the Court and Plaintiff will have them. All documents filed in the future must have that information in the upper left corner below the address.

Because the parties have been handicapped in their efforts to meet and confer, the Court will discuss a date and time when the parties will conduct a good faith meet and confer via telephone. The Court will set a new date for the hearing on the demurrer if the good faith meet and confer is unsuccessful.

Defendants are ordered to give notice of this order.¿

DATED: April 21, 2023 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court