Kelly Bretzinger, et al. vs Niren Angle, Doctor of Medicine, et al.

25CV-01889 Kelly Bretzinger, et al. vs Niren Angle, Doctor of Medicine, et al.

Demurrer

The hearing on the demurrer is continued to September 24, 2026, at 8:15 a.m. in Courtroom 8.

“Before 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.” (Code Civ. Proc., § 430.41, subd. (a).)

“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.” (Code Civ. Proc., § 430.41, subd. (a)(3).)

However, “[a] determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc., § 430.41, subd. (a)(4).)

Here, Defendant has not satisfied the meet and confer requirements of section 430.41. Defendant’s counsel states in her declaration in support of Defendant’s reply brief that counsel was not able to meaningfully meet and confer with Plaintiff’s counsel. The demurrer is continued to allow the parties to meet and confer.

Accordingly, the parties are ordered to engage in meet and confer efforts over their dispute in person, by phone, or by video conference, as required by Code of Civil Procedure section 430.41, subdivision (a).

If the parties are able to resolve their dispute, then Defendant shall promptly take the demurrer off calendar. If the parties are not able to resolve their dispute, then Defendant’s counsel shall file a declaration regarding the meet and confer efforts by September 14, 2026.