Demurrer to Complaint
23CV013662: HENDERSON vs MCLAGGAN, et al. 10/24/2024 Hearing on Demurrer to Complaint in Department 53
Tentative Ruling
NOTICE:
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23CV013662: HENDERSON vs MCLAGGAN, et al. 10/24/2024 Hearing on Demurrer to Complaint in Department 53
will forward the form to the Court Reporters Office and an official reporter will be provided.
TENATIVE RULING:
Defendants Lindsay McLaggan and Peyton Rosenburg (Defendants) demurrer to Plaintiff Stephanie Andersons (Plaintiff) Complaint[1] is CONTINUED to November 21, 2024 at 1:30 p.m. in this department for meet-and-confer efforts.
Code of Civil Procedure section 430.41, subdivision (a) specifies that the demurring party shall meet-and-confer in person, by telephone, or by video conference with the party filing the pleading that is the subject of the demurrer. (Emphasis added.) Subdivision (a)(2) of Code of Civil Procedure section 430.41 requires the parties to meet and confer at least five days before prior to the date the responsive pleading is due. The demurring party must file a declaration stating either that the parties have met and conferred but were unable to reach an agreement resolving the objections raised in the demurrer or that the opposing party failed to respond to its meet-and-confer attempts or otherwise failed to meet and confer in good faith. (Code Civ. Proc. §430.41, subd. (a)(3).)
Defendants moving papers contain no meet-and-confer declaration. Accordingly, the matter is continued for the Parties to meet and confer in person, by telephone, or by video conference as required by statute and provide the necessary declaration. By no later than November 7, 2024, Defendants shall file a declaration detailing the Parties meet-and-confer attempts for the instant demurrer. If the Parties resolve all the issues on the demurrer, Defendant shall promptly contact the Court to drop the matter.
No further briefing is allowed without prior permission by the Court. The only filing allowed is the declaration indicated above.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.) [1] The Court notes that Defendants indicate that they demur to the first, second, third, and fourth causes of action of
the Complaint. The original complaint contains only three causes of action. Moreover, a first amended complaint has also been filed superseding the original complaint. It appears that Defendants intend to demurrer to the first amended complaint (not the original complaint). The Court notes that Plaintiff's opposition addresses Defendants' demurrer as one to the first amended complaint.