NINA TRAVIS VS. JOHN STROUSS ET AL

Matter on calendar for Monday, August 31, 2026, Line 3, DEFENDANTS JOHN STROUSS, LAW OFFICES OF JOHN P. STROUSS III'S, DEMURRER to COMPLAINT (tentative ruling part 1 of 2)

Defendants John Strouss and Law Offices of John P. Strouss III's Demurrer is OFF CALENDAR.

A party demurring to a pleading must meet and confer with the party who filed the pleading "[b]efore filing [the] demurrer." (Code of Civil Procedure section 430.41 (a).) The meeting must be "in person, by telephone or by video conference." (Ibid.) The meeting must take place at least five days before the date the motion must be filed. (Code of Civil Procedure section 430.41(a)(2.) "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 of Civil Procedure section 430.41(a)(3).)

The Keenan declaration documents email correspondence only. (See Keenan Decl. paras. 2-3.) Defendants did not establish the parties met "in person, by telephone or by video conference." Nor did they establish Plaintiff "failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith."

Defendants having failed to demonstrate compliance with section 430.41, the demurrer is ordered off calendar. The parties are reminded that the duty to meet and confer is a duty to make reasonable and good faith efforts to resolve disputes before bringing them to the court's attention. The record in this action demonstrates all parties are not honoring their duties.

Defendants are granted 15 days leave to respond to the complaint. Should Defendants again pursue a demurrer, they are ordered to comply with section 430.41(a). All parties are ordered to comply their meet and confer duties.

Defendants must lodge a proposed order that includes the above text no later than 8:30 am on April 17, 2026. Plaintiff shall send the proposed order by email to contestdept302tr@sftc.org. (end tenative ruling part 1, see part 2) = (302/JMQ) | |