Judge: Teresa A. Beaudet, Case: 24STCV07254, Date: 2024-09-13 Tentative Ruling

Case Number: 24STCV07254    Hearing Date: September 13, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On March 22, 2024, Plaintiff John Anthony Galvan (“Plaintiff”) filed this action against Defendants Ean Holdings, LLC, Enterprise Rent-A-Car Company of Los Angeles, LLC, Enterprise Rentacar LLC, and Xujun Zheng. The Complaint alleges one cause of action for “motor vehicle.”

EAN Holdings, LLC (“EAN”) and Enterprise Rent-A-Car Company of Los Angeles, LLC (“Enterprise Los Angeles”) now demur to the Complaint. Plaintiff opposes. 

Discussion

As an initial matter, the Court notes that EAN and Enterprise Los Angeles’s counsel’s declaration in support of the demurrer provides, inter alia, that “[d]ue to the possible filing of a demurrer, I have attempted to meet and confer with Plaintiff’s counsel, Daniel DeSantis, Esq. Specifically, on June 25, 2024, I sent Mr. DeSantis a letter explaining the legal and factual grounds to dismiss my clients. The letter requested dismissal prior to June 28, 2024 and informed of the filing of the demurrer in the event of no dismissal by said date.” (Miller Decl., ¶ 8.)

The Court notes that Mr. Miller’s declaration does not demonstrate that the parties met and conferred in person, by telephone, or by video conference, or that Mr. Miller 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 EAN and Enterprise Los Angeles’s demurrer is continued to _______________, 2024 at 2:00 p.m. in Dept. 50. 

EAN and Enterprise Los Angeles 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, EAN and Enterprise Los Angeles 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.¿

EAN and Enterprise Los Angeles are ordered to give notice of this order. 

DATED:  September 13, 2024                       ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court