Judge: Walter P. Schwarm, Case: 30-2022-01242225, Date: 2022-11-29 Tentative Ruling

On 10-5-22 under ROA No. 44, Defendants (Li Cheng and Jinfgeng Yao) filed a Motion to Strike Plaintiffs’ First Amended Complaint in Its Entirety (Motion).  A review of the declaration in support of the Motion (filed on 10-5-22 under ROA No. 48) shows that Defendants failed to comply with the meet and confer requirement under Code of Civil Procedure section 435.5.  Code of Civil Procedure section 435.5 states in part, “(a) Before filing a motion to strike . . . 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 to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. . . .”  “The parties shall meet and conder at least five days before the date a motion to strike must be filed. . . .”  (Code Civ. Proc., § 435.5, subd. (a)(2).  Code of Civil Procedure section 435.5, subdivision (a)(3), provides, “The moving party shall file and serve with the motion to strike 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 to strike, and that the parties did not reach an agreement resolving the objections raised by the motion to strike. [¶] (B) That the party who filed the pleading subject to the motion to strike failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith.”

Since Defendants did not comply with Code of Civil Procedure section 435.5, subdivision (a), the court CONTINUES Defendants’ Motion to Strike Plaintiffs’ First Amended Complaint in Its Entirety, filed on 10-5-22 under ROA No. 44, to  3-14-23 at 9:00 a.m. in Department C32.  The court ORDERS Defendants to file a declaration that complies with Code of Civil Procedure section 435.5 no later than 3-7-23.

Court Clerk is to give notice.