Superior Court of California

County of Los Angeles

Department 50

JAYESH KUMAR, Plaintiff, vs. THE CITY LOS ANGELES, et al., Defendants.	Case No.:	22STCV11937
	Hearing Date:	April 3, 2023
	Hearing Time:	2:00 p.m.
	ORDER RE: DEFENDANT THE CITY OF LOS ANGELES’ DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT
AND RELATED CROSS-ACTIONS

Background

On April 7, 2022, Plaintiff Jayesh Kumar (“Plaintiff”) filed the instant action against a number of defendants, including the City of Los Angeles (the “City”).

Plaintiff filed the operative Second Amended Complaint (“SAC”) on November 28, 2022. The SAC asserts causes of action for (1) breach of lease, (2) nuisance, (3) trespass, and (4) dangerous condition of public property.

The City now demurs to the second, third, and fourth causes of action of the SAC. Plaintiff opposes.

Discussion

As an initial matter, the Court notes that the City’s counsel’s declaration filed in support of the demurrer indicates that “[o]n December 22, 2022, I sent a meet and confer letter to Plaintiff’s counsel concerning my intent to demurrer to Plaintiff’s causes of action for nuisance and trespass on behalf of Defendant, The City of Los Angeles. I did not receive a response.” (Le Decl., ¶ 2.)

The Court notes that the City’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. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.” (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 the City’s demurrer is continued to May 23, 2023 at 2 p.m. in Dept. 50.¿

The City is 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, the City 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 City is ordered to give notice of this order.¿

DATED: ¿April 3, 2023

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court