Judge: Teresa A. Beaudet, Case: 22STCP02372, Date: 2023-02-06 Tentative Ruling

Case Number: 22STCP02372    Hearing Date: February 6, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff Andrew Clapkin (“Clapkin”) filed this action on June 23, 2022 against Defendant Joslevin Realty Corp. of L.A. (“JLR”). On July 22, 2022, Clapkin filed the operative First Amended Complaint (“FAC”) asserting causes of action for (1) violation of Corp. Code,     § 1601, et seq., (2) conversion, and (3) declaratory relief.

On October 26, 2022, JLR filed a Cross-Complaint against Clapkin, asserting five causes of action.

JLR filed a demurrer to each of the causes of action of Clapkin’s FAC. Clapkin opposed.

Discussion

As an initial matter, the Court notes that it issued an Order on December 2, 2022 continuing the hearing on the instant demurrer from December 2, 2022 to February 6, 2023.

The Court’s December 2, 2022 Order noted that “JLR’s counsel’s declaration does not demonstrate that the parties met and conferred by telephone or in person.” The December 2, 2022 Order provides that “JLR is¿ordered to meet¿and confer¿with Clapkin regarding the demurrer 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, JLR 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.”

The Court notes that JLR has not filed any declaration setting forth JLR’s counsel’s efforts to meet and confer.

Conclusion

Based on the foregoing, JLR’s demurrer goes off calendar; the answer of JLR to the FAC is due on February 16, 2023.

JLR is ordered to give notice of this order. 

DATED:  February 6, 2023                            ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court