BENJAMIN DAVID CROCKER VS. COUNTY OF EL DORADO

July 24, 2026 Dept. 9 Civil Tentative Rulings

11. 26CV0608 BENJAMIN DAVID CROCKER VS. COUNTY OF EL DORADO DEMURRER

On July 17, 2026, the Court continued the matter to July 24, 2026. The Court advised that no new tentative ruling would be issued. TENTATIVE RULING #11: APPEARANCES ARE REQUIRED FRIDAY, JULY 24, 2026, AT 8:30 AM IN DEPARTMENT NINE.

July 24, 2026 Dept. 9 Civil Tentative Rulings

12. 26CV0942 GREGORY SWIFT VS. FCA US, LLC ET AL DEMURRER/MOTION TO STRIKE

The Notice does not comply with Local Rules 7.10.05. Repeated violations will be grounds for sanctions pursuant to Local Rule 7.12.13. This matter is before the Court on two motions filed by Defendant, FCA US, LLC (“Defendant”): 1) Demurrer; and 2) Motion to Strike.

DEMURRER Pursuant to Code of Civil Procedure §§ 430.10(e) and 430.10(f), Defendant demurrers to Plaintiff’s Complaint. On July 13, 2026, Plaintiff, Gregory Swift (“Plaintiff”), filed an opposition. On July 16,2026, Defendant filed a reply.

Meet and Confer Requirement Code of Civil Procedure §430.41(a) provides: Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone 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.

Code of Civil Procedure §430.41(a)(3): The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.

Dumas v. Los Angeles County Bd. of Supervisors (2020) 45 Cal. App. 5th 348 (“If, upon review of a declaration under section 430.41, subdivision (a)(3), a court learns no meet and confer has taken place, or concludes further conferences between counsel would likely be productive, it retains discretion to order counsel to meaningfully discuss the pleadings with an eye toward reducing the number of issues or eliminating the need for a demurrer, and to continue the hearing date to facilitate that effort”).