Judge: Teresa A. Beaudet, Case: 23STCV02012, Date: 2023-10-06 Tentative Ruling
Case Number: 23STCV02012 Hearing Date: October 6, 2023 Dept: 50
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DR. SHAWN ROOFIAN MD, an individual, dba INTEGRATED PAIN
MANAGEMENT, Plaintiff, vs. DOWNTOWN LA LAW, et
al., Defendants. |
Case No.: |
23STCV02012 |
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Hearing Date: |
October 6, 2023 |
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Hearing Time: |
10:00 a.m. |
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TENTATIVE RULING
RE: DEFENDANTS’
DEMURRER TO COMPLAINT |
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Background
On January
30, 2023, Plaintiff Dr. Shawn Roofian MD, an individual, dba
Integrated Pain Management (“Plaintiff”) filed this action against Defendants
Downtown LA Law, Farid Yaghoubtil Esq. (“Yaghoubtil”), Veronica Montiel
(“Montiel”), and Jose Barbosa (“Barbosa”). The Complaint alleges causes of
action for (1) breach of contract, (2) civil conspiracy, (3) common counts, (4)
fraud, (5) conversion, and (6) unjust enrichment.
Defendants Downtown LA Law Group, LLP (erroneously sued as Downtown LA
Law), Yaghoubtil, Montiel, and Barbosa (collectively, “Defendants”) now demur
to each of the causes of action of the Complaint. Plaintiff opposes.
Discussion
As an initial matter,
the Court notes that it issued an Order on August 2, 2023 continuing the
hearing on the instant demurrer from August 2, 2023 to October 6, 2023.
The Court’s August 2,
2023 Order noted that “Defendants did not file
any declaration demonstrating that they met and conferred with Plaintiff in
advance of filing the instant demurrer.” The August 2, 2023 Order provides, inter
alia, that “Defendants
are¿ordered to meet¿and confer¿with Plaintiffs¿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 notes that Defendants have not filed any declaration setting forth
Defendants’ counsel’s efforts to meet and confer.
Conclusion
Based on
the foregoing, Defendants’ demurrer is taken off calendar.
Defendants are ordered to give notice of this order.
¿
DATED: October 6, 2023 ________________________________
Hon. Rolf M.
Treu
Judge, Los
Angeles Superior Court