Judge: Teresa A. Beaudet, Case: 22STCV19360, Date: 2023-02-27 Tentative Ruling

Case Number: 22STCV19360    Hearing Date: February 27, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On June 14, 2022, Plaintiff Rocio Cawthon (“Plaintiff”) filed this action against, inter alia, Cecilia Elizarraz (“Elizarraz”) and Progressive Property Management, Inc. (“PPM”).

On September 19, 2022, PPM filed an answer to the Complaint.

On October 4, 2022, Elizarraz filed an answer to the Complaint. 

Plaintiff demurred to “Defendants’ Progressive Property Management, Inc. and Cecilia Elizarraz’s Answer to the Plaintiff’s Complaint.” PPM and Elizarraz opposed.

Discussion

As an initial matter, the Court notes that it issued an Order on November 30, 2022 pertaining to the instant demurrer. The Court’s November 30, 2022 Order provides, inter alia, that “[f]or the reasons set forth above, the Court overrules Plaintiff’s demurrer to the extent it pertains to PPM’s answer, without leave to amend. The hearing on Plaintiff’s demurrer to Elizarraz’s answer is continued to [February 27, 2023] at 10 a.m. in Dept. 50. Plaintiff is ordered to meet¿and confer¿with Elizarraz regarding the demurrer 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, Plaintiff 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 Court notes that Plaintiff has not filed any declaration setting forth Plaintiff’s counsel’s efforts to meet and confer.

Conclusion

Based on the foregoing, Plaintiff’s demurrer to Elizarraz’s answer is taken off calendar.

Plaintiff is ordered to give notice of this order. 

DATED:  February 27, 2023                          ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court