Judge: Teresa A. Beaudet, Case: 24STCV03450, Date: 2024-07-19 Tentative Ruling

Case Number: 24STCV03450    Hearing Date: July 19, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On February 9, 2024, Plaintiffs Sukhinderpal Gill and Angela Hercilia Ganem, individually and as Trustees of the PSG Family Hycet Trust u/d/t December 6, 2011, the AHG Family Hycet Trust, u/d/t December 6, 2011, and the Gill and Ganem Trust amended and restated u/d/t September 5, 2012 (collectively, “Plaintiffs”) filed a Complaint for Specific Performance in this action against Defendants Behzad Cohan and Nori D. Cohan, individually and as Trustees of the BC Family Hycet Trust u/d/t December 6, 2011, the NC Family Hycet Trust u/d/t December 6, 2011, and the Behzad and Nori D. Cohan Trust amended and restated u/d/t August 1, 2012 (collectively, “Defendants”).

Defendants now demur to the Complaint. Plaintiffs oppose.

Discussion

As an initial matter, the Court notes that Defendants’ counsel’s declaration in support of the demurrer provides, inter alia, that “[o]n April 3, 2024, I wrote a detailed letter to Plaintiff’s counsel, Rich Pech pursuant to Code of Civil Procedure section 430.41, detailing the core basis for Defendants’ intended demurrer…On April 5, 2024, Mr. Pech sent a letter interspersing his responses for points raised in my letter…April 11, 2024, Mr. Pech and I engaged in further email exchanges regarding the merits of the intended demurrer…Unfortunately, these exchanges did not succeed in resolving the parties’ dispute.” (Robinson Decl., ¶¶ 2-4.)

The Court notes that Defendants’ counsel’s declaration does not demonstrate that the parties met and conferred in person, by telephone, or by video conference, or that Defendants’ counsel attempted to do so. 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 Defendants’ demurrer is continued to _______________, 2024 at 2 p.m. in Dept. 50. 

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.¿

Defendants are ordered to give notice of this order. 

DATED:  July 19, 2024                                  ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court