Demurrer to Complaint
23CV013662: HENDERSON vs MCLAGGAN, et al. 12/31/2024 Hearing on Demurrer to Complaint in Department 53
Tentative Ruling
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23CV013662: HENDERSON vs MCLAGGAN, et al. 12/31/2024 Hearing on Demurrer to Complaint in Department 53
will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING:
Defendants Lindsay McLaggan and Peyton Rosenburgs (Defendants) demurrer to Plaintiff Stephanie Andersons (Plaintiff) first amended complaint (1AC) is DROPPED from calendar.
This matter was initially set for hearing on October 24, 2024. The Court continued the hearing to November 21, 2024 for Defendants to file a meet-and-confer declaration pursuant to Code of Civil Procedure section 430.41. (See Minute Order 10/14/24.) It directed Defendants to file the requisite declaration by no later than November 7, 2024. Defendants failed to file any declaration by the deadline set by the Court. Instead, on November 19, 2024, the day before the Court issues its tentative ruling, Defendants filed a declaration averring 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.)
The Court continued the matter again to todays date, explaining to counsel that 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. The Court directed Defendants to file the required meet-and-confer declaration by no later than December 20, 2024. It advised Defendants that if they once again fail to comply with Section 430.41s meet-and-confer requirements, the Court may drop the matter and/or set an order to show cause re: sanctions for Defendants continued failure to meet and confer.
Defendants failed to heed the Courts warning and, for the second time, did not file any timely meet-and-confer declaration. Thus, the Court DROPS Defendants demurrer for their continued failure to comply with Section 430.41. The Court notes that it does not reach the merits of Defendants motion and neither sustains nor overrules any of the grounds on Defendants demurrer.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)