Superior Court of California

County of Los Angeles

Department 50

P.V.B.B.,

Plaintiff,

vs.

ODILIA N. SMITH, et al.,

Defendants.

Case No.:

24STCV16544

Hearing Date:

November 6, 2024

Hearing Time: 2:00 p.m.

[TENTATIVE] ORDER RE:

DEMURRER TO PLAINTIFF’S COMPLAINT

Background

On July 3, 2024, Plaintiff P.V.B.B. (“Plaintiff”) filed this action against Defendants Odilia N. Smith and Inti Immigration Services, Inc. (jointly, “Defendants”). The Complaint alleges one cause of action for violation of the Immigration Consultant Act.

Defendants now demur to the Complaint. Plaintiff opposes.

Discussion

As an initial matter, the Court notes that Defendants’ counsel’s declaration in support of the demurrer provides, inter alia, that “[o]n July 16, 2024, I emailed Plaintiff’s counsel to meet and confer regarding the deficiencies in Plaintiff’s complaint, in an attempt to avoid motion practice…On July 16, 2024, I received an email from Plaintiff’s counsel indicating that Plaintiff would not amend their complaint or dismiss the case with prejudice.” (Brown Decl., ¶¶ 1-2.) The Court notes that the Defendants’ counsel’s declaration does not demonstrate that the parties met and conferred by telephone or in person, 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 2:00 p.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.¿

Defendants ordered to give notice of this order.

DATED: November 6, 2024 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court