Pursuant to CCP § 430.41(a), “before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. . . . (1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies.”  The demurring party is required to submit a declaration regarding the “meet and confer” with the demurrer.

The Declaration of Garrett M. Prybylo submitted by Defendants in connection with their demurrer reads, in pertinent part:

Before Plaintiff changed counsel, following this Court granting Defendants’ Demurrer to Plaintiff’s First Amended Complaint (“FAC’), I emailed then opposing counsel, asking that Plaintiff dismiss this frivolous lawsuit in light of the Court’s ruling. [¶] After Plaintiff changed counsel, I forwarded the same email to new counsel Stuart Einbinder. [¶] Shortly after, Mr. Einbinder asked for an [sic] 45-day extension to amend the Complaint as well as to allow for time to send out a new Notice of Default and allow the necessary time to lapse before bringing a Second Amended Complaint.  I expressed to Mr. Einbinder at that time that we would grant him the extension, but had every intention of demurring regardless, as Defendants are not in default of the Note or Short Form Deed of Trust.  [¶] I spoke with Mr. Einbinder again, thereafter, and explained our intentions to demurrer [sic] to the SAC, as the allegations in the Notice of Default and SAC are without Merit [sic].

The Declaration of Stuart J. Einbinder submitted in opposition to the Demurrer states, in pertinent part:

Counsel for the parties did not have a “meet and confer” discussion about alleged deficiencies in the SAC.  If we did, the parties may have been able to resolve the issues raised in the current Demurrer without the Court’s involvement.

Defendants did not comply with either the letter or the spirit of § 430.41.  Accordingly, Defendants’ demurrer is CONTINUED to July 18, 2016.  At least 10 days prior thereto, the parties are ordered to submit a joint statement – not to exceed 10 pages – specifying both the resolution efforts made, and the specific issues for which no resolution could be reached.  If the parties have agreed that an amended pleading should be filed, leave to amend for this purpose will be granted notwithstanding the limit set forth in sub (e)(1).


Defendants to give notice.