Motion to Strike
34-2022-00329107-CU-PO-GDS: Michael Helmrich vs. San Juan Unified School District 10/11/2023 Hearing on Motion to Strike in Department 53
Tentative Ruling
NOTICE: Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list, Once the form is signed it must be filed with the clerk.
If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters
34-2022-00329107-CU-PO-GDS: Michael Helmrich vs. San Juan Unified School District 10/11/2023 Hearing on Motion to Strike in Department 53
Office and an official reporter will be provided.
TENTATIVE RULING:
On the Court's own motion, the Hearing on Motion to Strike scheduled for 10/11/2023 is continued to 11/08/2023 at 01:30 PM in Department 53 at Hall of Justice to allow the parties to complete the meet and confer process mandated by Code of Civil Procedure section 435.5.
Before filing a motion to strike an amended answer, the responding party is required to meet and confer, in person or by telephone, with counsel for the party who filed the amended pleading in an attempt to reach an agreement that would resolve the objections to the pleading and obviate the need for filing a motion to strike. (CCP § 435.5.) The moving party must identify all the specific allegations that it believes are subject to being stricken and identify with legal support the basis of the deficiencies. (Ibid.) A declaration must be filed with the motion to strike stating either the parties met and conferred but did not reach an agreement resolving the objections raised in the motion to strike or the party who filed the pleading subject to the motion to strike failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith. (CCP § 435.5(a)(3).)
Defendant filed its First Amended Answer (FAA) on June 7, 2023, adding numerous factual allegations to the twenty-two (22) affirmative defenses asserted in Defendants original Answer. Plaintiffs counsel declares that he made a telephone call to Defendants counsel on June 20, 2023 at 3:30 p.m., to comply with the meet and confer requirements of Code of Civil Procedure section 435.5 before filing the present motion to strike (Wilcoxen Decl., ¶ 3), but Defendants counsel declares that, [t]he additional factual allegations in the Districts amended answer were not discussed. Mr. Wilcoxen informed me that he was filing to [sic] the demurrer and motion to strike to be a pain in the a**. (Arnold Decl., ¶ 3 [emphasis added].)
Pursuant to Code of Civil Procedure section 435.5(a)(4), a determination by the court that the meet and confer process was insufficient shall not be grounds to grant or deny the motion to strike. However, the Court may order[] a conference on its own motion at any time . . . . (CCP § 435.5(c)(2).)
Thus, although the Court deems the present meet-and-confer efforts to be insufficient, the Court will not grant or deny the motion to strike at this time. Instead, the Court will continue the matter pursuant to Code of Civil Procedure section 435.5, subdivision (c) and order that the parties further meet and confer.
Thus, the Court orders the parties to further meet and confer in good faith, and in person or by telephone, to determine whether an agreement can be reached that would resolve the moving partys objections. (CCP § 435.5(a).) Counsel shall meet and confer in compliance with Code of
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00329107-CU-PO-GDS: Michael Helmrich vs. San Juan Unified School District 10/11/2023 Hearing on Motion to Strike in Department 53
Civil Procedure section 435.5 and moving party shall file a declaration in Department 53 on or before October 25, 2023 regarding the results of the meet and confer, and whether an agreement has been reached resolving any of the issues raised in Plaintiffs motion to strike the affirmative defenses in Defendants FAA.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.