Judge: Teresa A. Beaudet, Case: 22STCV07028, Date: 2023-03-17 Tentative Ruling

Case Number: 22STCV07028    Hearing Date: March 17, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

            Plaintiff Miss Jennifer L. Jackson, in pro per, (“Plaintiff”) filed this action on February 25, 2022 against Defendant Dr. Kyeong-Hee Alex Kim. Plaintiff filed the operative First Amended Complaint (“FAC”) on July 13, 2022, asserting one cause of action for medical malpractice. 

            Defendant Kyeong-Hee Alexander Kim, M.D., erroneously sued and served as Dr. Kyeong-Hee Alex Kim (“Defendant”) now demurs to the FAC. Plaintiff filed an “objection” to the demurrer.

Discussion

As an initial matter, the Court notes that Defendant’s counsel’s declaration filed in support of the demurrer indicates that “[o]n July 29, 2022…I caused a meet and confer letter to be sent to plaintiff discussing Dr. Kim’s objections to Plaintiff’s First Amended Complaint.” (Hughes Decl., ¶ 2.) The declaration further provides, “[i]n the meet and confer letter, I provided details about how the FAC does not allege that Dr. Kim breached the standard of care or that his alleged negligent acts or omissions were the proximate cause of her injuries. I requested that she advise whether she will file an amended Complaint or if Dr. Kim should file a Demurrer…On August 17, 2022, plaintiff responded that the FAC was accepted by the Court, and she saw no reason to file another Complaint.” (Hughes Decl., ¶ 3.)

The Court notes that Defendant’s counsel’s declaration does 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 Defendant’s demurrer  and the Case Management Conference are continued to April 7, 2023 at 2 p.m. in Dept. 50.¿ PARTIES ARE REMINDED TO DELIVER COURTESY COPIES TO DEPT. 50 WHEN THEY FILE THEIR PAPERS.

Defendant is¿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, Defendant 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.¿ 

Defendant is ordered to give notice of this order.¿ 

DATED:  March 17, 2023                              ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court