Judge: Teresa A. Beaudet, Case: 22STCV03916, Date: 2023-01-30 Tentative Ruling

Case Number: 22STCV03916    Hearing Date: January 30, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

            Plaintiffs Daniel Wang and Grace Lee (jointly, “Plaintiffs”) filed this action on January 31, 2022 against Defendants 360 Capital Ventures Inc., Sachin Patel, and Miguel Soltero (collectively, “Defendants”). The Complaint alleges causes of action for (1) restitution, (2) negligence, and (3) breach of written contract.

            Defendants now demur to the second cause of action of the Complaint. Plaintiffs oppose.

Discussion

As an initial matter, the Court notes that Defendants’ counsel’s declaration filed in support of the demurrer indicates that “[o]n November 2 and 4, 2022, I met and conferred with Kenneth Ruttenberg, Esq., counsel for Plaintiffs, by email and did not reach an agreement resolving the objections raised in the Demurrer to Plaintiffs’ Complaint.” (Woo Decl., ¶ 2.)

The Court notes that Defendants’ counsel’s declaration and the email correspondence attached as Exhibit “A” to the declaration do 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.” (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  March 6, 2023 at 2 p.m. in Dept. 50.¿ The Case Management Conference is continued to the same date, time and location.

Defendants are¿ordered to meet¿and confer¿with Plaintiffs¿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.¿ 

Defendants are ordered to give notice of this order.¿ 

DATED:  January 30, 2023                            ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court