MOR FLEISHER LEACH VS. DEEL US LLC, ALSO REFERRED TO AS DEEL, AND LETS ET AL
Case Information
Motion(s)
DEFENDANT DEEL US LLC DEMURRER TO 1ST AMENDED COMPLAINT
Motion Type Tags
Demurrer
Parties
- Plaintiff: MOR FLEISHER LEACH
- Defendant: DEEL US LLC
- Defendant: LETS
Ruling
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24618998 - November 20, 2025 Hearing date: November 20, 2025 Case number: CGC24618998 Case title: MOR FLEISHER LEACH VS. DEEL US LLC, ALSO REFERRED TO AS DEEL, AND LETS ET AL Case Number: | | CGC24618998 | Case Title: | | MOR FLEISHER LEACH VS. DEEL US LLC, ALSO REFERRED TO AS DEEL, AND LETS ET AL | Court Date: | | 2025-11-20 09:00 AM | Calendar Matter: | | DEFENDANT DEEL US LLC DEMURRER TO 1ST AMENDED COMPLAINT (PER MEET AND CONFER OF PARTIES, EMAIL DATED 10/29/25; MOVING PARTY TO GIVE NOTICE) | Rulings: | | Set for Law and Motion/Discovery Calendar on Thursday, November 20, 2025, Line 5. DEFENDANT DEEL US LLC DEMURRER TO 1ST AMENDED COMPLAINT (PER MEET AND CONFER OF PARTIES, EMAIL DATED 10/29/25; MOVING PARTY TO GIVE NOTICE).
Defendant Deel US LLC's Demurrer to Amended Complaint 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 moving party must file a declaration with its moving papers demonstrating compliance with these requirements and/or that the opposing party failed to confer in good faith. (Code of Civil Procedure section 430.41(3).)
Defendant's counsel here sent a letter to Plaintiff's counsel. (See Riley Decl. par. 7 and Ex. C.) Defendant presented no evidence that counsel met "in person, by telephone or by video conference." There is no evidence that counsel meaningfully tried to do so; inviting the other side to call in response to a letter is not conferring in person, by telephone or by videoconference. The parties' meet and confer duties are spelled out clearly and compliance is easy. Non-compliance here is not excused.
Defendant is granted 15 days leave to respond to the FAC.
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