Judge: Walter P. Schwarm, Case: 30-2021-01207537, Date: 2022-11-01 Tentative Ruling

Moving Parties (George Gemayel and First Standard Real Estate, LLC Motion for Judgment on the Pleadings (Motion), filed on 7-27-22 under ROA No. 125, is CONTINUED to 2-14-22 at 9:00 a.m. in Department C32.

Code of Civil Procedure section 439, subdivision (a) provides, “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading.”

Code of Civil Procedure section 439, subdivision (a)(3) provides, “The moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following: [¶] (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings. [¶] (B) That the party who filed the pleading subject to the motion for judgment on the pleadings failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith.”

Here, Defendants have not filed a declaration as required by Code of Civil Procedure section 439, subdivision (a)(3). Further, the Responding Parties’ (Solana Co., LLC, Superb Product Resource, LLC, and PVC, LLC) Opposition to Motion for Judgment on the Pleadings (Opposition), filed on 10-19-22 under ROA No. 181, states, “The defendants did not meet and confer before filing the motion as required by Code of Civil Procedure section 439(a)(3), nor did they include with their motion the declaration that section mandates. . . .” (Opposition; 6:21, footnote 1.)

Since Moving Parties have not met and conferred as required by Code of Civil Procedure section 439, subdivision (a)(3), the court CONTINUES Moving Parties (George Gemayel and First Standard Real Estate, LLC Motion for Judgment on the Pleadings (Motion), filed on 7-27-22 under ROA No. 125, to 2-14-22 at 9:00 a.m. in Department C32.  The court ORDERS the parties to meet and confer in person, by zoom or video remote technology, or over the telephone concerning the issues raised in the Motion as required by Code of Civil Procedure section 439, subdivision (a). Defendants’ counsel to file and serve a declaration no later than nine (9) court days before the hearing date describing the parties’ meet and confer efforts, and specifying what issues have been resolved, or remain for the court to resolve. If no declaration is timely filed, the court will construe this to mean that the issues have been resolved and will take the Motion off-calendar.

Moving Parties are to give notice.