Demurrer to First Amended Complaint
TENTATIVE RULINGS 6-1-26 Department R17- Judge Gilbert G. Ochoa
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KEVIN MORRISON, an individual;
v.
JEANNE WONG, an individual; and ROES 1- 20, inclusive.
Motion: Demurrer to First Amended Complaint
Movant: Defendant Jeanne Wong
Respondent: Plaintiff Kevin Morrison
DISCUSSION
Analysis
Meet and Confer Requirement. Before filing a demurrer, the moving party shall meet and
confer in person or by telephone with the party who filed the pleading for purposes of
“determining whether an agreement can be reached that would resolve the objections to be raised
in the demurrer.” (Code Civ. Proc., § 430.41
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amended pleadings (Code Civ. Proc., § 430.41, subd. (a)) and shall occur at least 5 days before
the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) If there is no
resolution, the demurring party shall submit a declaration with his/her demurrer stating either (a)
the means in which the parties met and conferred and no resolution reached, or (b) the opposing
party failed to respond to the demurring party’s meet and confer requests or failed to meet and
confer in good faith. (Code Civ. Proc., § 430.41, subd. (a)(3).) The Court can mark a matter off
calendar due to the Local Rule 560. (“In the Court’s discretion, the Court may, on its own
motion, take off calendar the following: (1) motions that are not supported by a declaration
establishing that an in person or telephonic meet and confer or other required meet and confer
occurred or is deficient.”)
Darren P. Trone, Esq. filed a Judicial Council of California meet and confer declaration
checking off the box that the Plaintiff failed to respond to his meet and confer request or
otherwise failed to meet and confer in good faith. He attached a letter he mailed to Plaintiff’s
counsel on February 20, 2026, however there is no indication the parties spoke. In the
opposition, Plaintiff claims there was never a conversation and the Defendant failed to meet and
confer. In reply, the Defendant admits he did not call but the letter accomplishes the purpose of
the statute. The Court CONTINUES the demurrer requiring Defendant to comply with the
meet and confer requirements implemented by the Legislature. This is not a new
requirement and it requires the parties to actually speak prior to filing a demurrer. All
sides are ordered to comply with the meet and confer requirement.
Movant to give notice.
Dated-
____________________________ Judge
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