Judge: Teresa A. Beaudet, Case: 24STCV23545, Date: 2025-01-27 Tentative Ruling

Case Number: 24STCV23545    Hearing Date: January 27, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On September 12, 2024, Plaintiff Ramon Martinez (“Plaintiff”) filed this action against Defendants Cesar Martinez, Laura Martinez, and Ricardo Sanchez. The Complaint alleges causes of action for (1) quiet title, (2) cancellation of instrument, (3) cancellation of instrument,

(4) cancellation of instrument, (5) declaratory relief, and (6) elder abuse. 

            Cesar Martinez, Laura Martinez, and Ricardo Martinez (collectively, “Defendants”) now demur to each of the causes of action of the Complaint. Plaintiff opposes.  

Discussion

As an initial matter, Defendants’ counsel’s declaration in support of the demurrer provides, inter alia, that “[a]ttached as Exhibit A and incorporated by reference is a true and correct copy of my meet and confer to Plaintiff’s counsel, sent via email to John Bazan, the attorney for Plaintiff Ramon Martinez. This letter outlines the deficiencies in the Complaint. To

date I have not received a response from Plaintiff’s counsel. No resolution was reached regarding the deficiencies in Plaintiff’s complaint and the instant motion has become necessary.” (Hoffman Decl., ¶ 2.) 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 _______________, 2025 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 are ordered to give notice of this order. 

DATED:  January 27, 2025                            ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court