Demurrer to Complaint
23CV013662: HENDERSON vs MCLAGGAN, et al. 11/21/2024 Hearing on Demurrer to Complaint in Department 53
Tentative Ruling
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk
23CV013662: HENDERSON vs MCLAGGAN, et al. 11/21/2024 Hearing on Demurrer to Complaint in Department 53
will forward the form to the Court Reporters Office and an official reporter will be provided.
On the Court's own motion, the Hearing on Demurrer to Complaint scheduled for 11/21/2024 is continued to 12/31/2024 at 01:30 PM in Department 53 at Hall of Justice.
TENTATIVE RULING:
Defendants Lindsay McLaggan and Peyton Rosenburg (Defendants) demurrer to Plaintiff Stephanie Andersons (Plaintiff) first amended complaint (1AC) is CONTINUED to December 31, 2024 at 1:30 p.m. in this department for meet-and-confer efforts.
This matter was previously continued for Defendants to meet and confer with Plaintiff and file the requisite meet-and-confer declaration as required by Code of Civil Procedure section 430.41, subdivision (a). The Court directed Defendants to file the aforementioned declaration by November 7, 2024. Defendants filed a declaration on November 19, 2024. Not only is Defendants declaration untimely, it failed to comply with the Courts directive to meet and confer with Plaintiff as required by Section 430.41.
Defendants counsels declaration avers that since the 1AC had the nearly identical causes of action, counsel felt it pointless to continue discussions and did not actually meet and confer as specifically directed by the Court. (Declaration of James W. Kirby (Kirby Decl.) ¶5.) Counsel is admonished for refusing to comply with Section 430.41 and the Courts prior order. First, subdivision (a) of Section 430.41 expressly states that [i]f an amended complaint is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading. (Emphasis added.)
There is no exception to the meet-and-confer requirement based upon a party's belief that such efforts would be pointless. Second, the Court specifically ordered Defendants to meet in its prior order. (Minute Order 10/24/24.) Defendants have apparently simply refused to comply with this Courts order.
Thus, the Court again continues this matter for Defendants to meet and confer as required by Code and to file the required declaration. Defendants shall file a meet-and-confer declaration by no later than December 20, 2024.
No further briefing is allowed without prior permission by the Court. The only filing allowed is the declaration indicated above.
Defendants are advised that if they once again fail to comply with Code of Civil Procedure section 430.31, subdivision (a), the Court may drop the matter from calendar and/or set an order to show cause re: sanctions for Defendants continued failure to comply with Section 430.31.
This minute order is effective immediately. No formal order or other notice is required. (Code
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV013662: HENDERSON vs MCLAGGAN, et al. 11/21/2024 Hearing on Demurrer to Complaint in Department 53
Civ. Proc. §1019.5; CRC, Rule 3.1312.)