Judge Teresa A. Beaudet, Case 22STCV09008 2023-03-01 Tentative Ruling

Plaintiff Reham Makhoul (“Plaintiff”) filed this action on March 14, 2022 against Defendant Tesla Motors, Inc. (“Defendant”). Plaintiff filed the operative First Amended Complaint (“FAC”) on April 12, 2022, asserting causes of action for (1) breach of express warranty (Song-Beverly Consumer Warranty Act), (2) breach of express warranty (Magnuson-Moss Act), (3) breach of implied warranty (Song-Beverly Consumer Warranty Act), (4) breach of implied warranty (Magnuson-Moss Act).

Defendant now moves for judgment on the pleadings as to each of the causes of action of the FAC.[1] Plaintiff opposes.

As an initial matter, the Court notes that Defendant did not file any declaration demonstrating that the parties met and conferred in advance of Defendant filing the instant motion.

The Court notes that pursuant to Code of Civil Procedure section 439, subdivision (a), “[b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading.”
In addition, pursuant to Code of Civil Procedure section 439, subdivision (a)(3), “[t]he moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings. (B) That the party who filed the pleading subject to the motion for judgment on the pleadings failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith.”

In light of the foregoing, the hearing on Defendant’s motion for judgment on the pleadings is continued to April 13, 2023 at 10:00 a.m. in Dept. 50.¿

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 439, subdivision (a)(3) within 15 days of this order.¿

[1]The Court notes that although the notice of motion indicates that Defendant “demur[s]” to the FAC, the caption page of the motion and the Memorandum of Points and Authorities in support of the motion state that the instant motion is a motion for judgment on the pleadings.

REHAM MAKHOUL, Plaintiff, vs. TESLA MOTORS, INC., et al. Defendants.	Case No.:	22STCV09008
	Hearing Date:	March 1, 2023
	Hearing Time:	10:00 a.m.
	ORDER RE: DEFENDANT TESLA MOTORS, INC.’S, INC.’S MOTION FOR JUDGMENT ON THE PLEADINGS

Superior Court of California

County of Los Angeles

Department 50