Judge Teresa A. Beaudet, Case 22STCV01812 2022-09-28 Tentative Ruling

ROCKPOINT FUNDING, LLC, et al.,

Plaintiff,

vs.

EMINENCE MEDICAL MANAGEMENT SOLUTIONS, et al.,

Defendants.

Case No.:

22STCV01812

Hearing Date:

September 28, 2022

Hearing Time: 10:00 a.m.

[TENTATIVE] ORDER RE:

DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

On January 18, 2022, Plaintiff Rockpoint Funding, LLC (“Plaintiff”) initiated the instant action against Defendants Eminence Medical Management Solutions dba Golden Spine Surgery Centers and Karen Shai (jointly, “Defendants”). Plaintiff filed the operative First Amended Complaint (“FAC”) on June 13, 2022, asserting causes of action for (1) breach of written agreement, (2) breach of the covenant of good faith and fair dealing, (3) account stated, and (4) money had and received.

Defendants now demur to each of the causes of action of the FAC. Plaintiff opposes.

As an initial matter, the Court notes that the Defendants’ counsel’s declaration in support of the demurrer provides, inter alia, that “[o]n June 24, 2022, I exchanged a series of emails with Wyatt Butler, counsel for Plaintiffs. In that exchange I explained the basis for the instant demurrer to the FAC. Mr. Butler did not agree to amend the FAC to address the deficiencies.” (Florentin Decl., ¶ 2.) The Court notes that the Defendants’ counsel’s declaration does not demonstrate that the parties met and conferred by telephone or in person, or that Defendants’ counsel attempted to do so.

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.

In light of the foregoing, the hearing on Defendants’ demurrer is continued to November 2, 2022 at 10:00 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.¿

Superior Court of California

County of Los Angeles

Department 50