Judge: Teresa A. Beaudet, Case: 22STCV22174, Date: 2023-05-05 Tentative Ruling

Case Number: 22STCV22174    Hearing Date: May 5, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On July 11, 2022, Plaintiff Tenant Mike Harsini (“Plaintiff”) in pro per, filed this action against Defendants South Bay Property Management Inc. (“South Bay”) and “Agents: Wanda Rafael” (“Rafael”). The Complaint alleged one cause of action for “OSC: Failure to Perform.”

South Bay and Rafael (jointly, “Defendants”) demurred to the Complaint. Defendants also moved to strike portions of the Complaint. On January 25, 2023, the Court issued an Order sustaining Defendants’ demurrer to the Complaint in its entirety, with leave to amend. Defendants’ motion to strike was denied as moot.

On January 31, 2023, Plaintiff filed a document titled “Amended Complain [sic] on OSC.”

Defendants now demur to Plaintiff’s First Amended Complaint in its entirety. Plaintiff opposes.

Discussion

As an initial matter, the Court notes that Defendants’ counsel’s declaration filed in support of the demurrer indicates, inter alia, that “[o]n February 14, 2023, I emailed Plaintiff regarding the deficiencies in the First-Amended Complaint. Unfortunately, we were unable to come to an agreement to resolve those deficiencies.” (Spivey Decl., ¶ 6, Ex. C.)

The Court notes that Defendants’ 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 Defendants’ demurrer is continued to June 16, 2023 at 10 a.m. in Dept. 50.¿ 

Defendants are¿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, 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.¿¿ 

THE COURT DID NOT RECEIVE A COURTESY COPY OF THE OPPOSITION.  PLEASE DELIVER TO DEPT. 50 A COURTESY COPY OF THE OPPOSITION AND ANY REPLY THAT MAY BE FILED.

Defendants are ordered to give notice of this order.¿¿ 

DATED:  May 5, 2023                                   ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court