Superior Court of California

County of Los Angeles

Department 50

HILDA BENNETT, et al.,

Plaintiffs,

vs.

HUGO RODRIGUEZ, et al.,

Defendants.

Case No.:

23STCV24386

Hearing Date:

July 31, 2024

Hearing Time: 2:00 p.m.

[TENTATIVE] ORDER RE:

DEMURRER TO ANSWER OF CROSS-DEFENDANTS HILDA BENNETT, YOLANDA TELLEZ AND GUSTAVO RODRIGUEZ

Background

On October 5, 2023, Plaintiffs Hilda Bennett, an individual; Hilda Bennett, Trustee of the B and H Family Trust; Yolanda Tellez; and Gustavo Rodriguez filed this action against Defendant Hugo Rodriguez. The Complaint alleges one cause of action for partition of real property.

On April 3, 2024, Hugo A. Rodriguez aka Antonio H. Rodriguez as Trustee of the Hugo A. Rodriguez aka Antonio H. Rodriguez and Antonio H. Rodriguez Trust filed the operative First Amended Cross-Complaint against Cross-Defendants Hilda Bennett, an individual; Hilda R. Bennett, Trustee of the B and H Bennett Family Trust; and Yolanda Tellez, alleging causes of action for (1) conversion and (2) negligence.

On May 6, 2024, Hilda R Bennett, Yolanda Tellez, and Gustavo Rodriguez (collectively, “Cross-Defendants”) filed a Verified Answer to First Amended Cross-Complaint.

Hugo Rodriguez (“Rodriguez”) now appears to demur to Cross-Defendants’ Verified Answer to First Amended Cross-Complaint. Hilda Bennett, an individual; Hilda R Bennett, Trustee of the B and H Bennett Family Trust; Yolanda Tellez; and Gustavo Rodriguez oppose.

Discussion

As an initial matter, it does not appear that Rodriguez filed any declaration in support of the demurrer demonstrating that he met and conferred with Cross-Defendants in advance of filing the demurrer.

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, by telephone, or by video conference 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.” (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 Rodriguez’s demurrer is continued to _______________, 2024 at 2:00 p.m. in Dept. 50.

Rodriguez is¿ordered to meet¿and confer¿with Cross-Defendants 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, Rodriguez 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.¿

Rodriguez is ordered to give notice of this order.

DATED: July 31, 2024 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court