Judge: Teresa A. Beaudet, Case: 25STCV04682, Date: 2025-06-16 Tentative Ruling
Case Number: 25STCV04682 Hearing Date: June 16, 2025 Dept: 50
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DANIEL SASSOON, Plaintiff, vs. S. SHAUN DANESHGAR,
et al., Defendants. |
Case No.: |
25STCV04682 |
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Hearing Date: |
June 16, 2025 |
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Hearing
Time: 2:00 p.m. [TENTATIVE]
ORDER RE: DEFENDANT S.
SHAUN DANESHGAR’S DEMURRER TO PLAINTIFF’S COMPLAINT |
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Background
Plaintiff Daniel Sassoon (“Plaintiff”) filed this action for medical
negligence, medical battery, and products liability against a number of
Defendants, including Defendant S. Shaun Daneshgar (“Daneshgar”) on February
18, 2025.
Daneshgar now demurs to Plaintiff’s Complaint. Plaintiff opposes.
Discussion
As an initial matter, Daneshgar’s counsel’s declaration in support of
the demurrer provides that “on March 25, 2025, [his] office sent meet and
confer correspondence to Plaintiff’s counsel via email to resolve the
deficiencies in the Complaint…At this time, the parties are unable to reach an
agreement that would resolve the demurrer.” (Racic Decl., ¶¶ 3-4.)
The Court notes that Daneshgar’s counsel’s declaration does not
demonstrate that the parties met and conferred in person, by telephone, or by
video conference, or that Daneshgar’s 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 Daneshgar’s demurrer is
continued to _______________, 2025 at 2:00 p.m. in Dept. 50.¿
Daneshgar is 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,
Daneshgar 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.¿
Daneshgar is ordered to give notice of this order.¿
DATED:
June 16, 2025 ________________________________
Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court