Case Number:?VC066044????Hearing Date:?February 06, 2018????Dept:?SEC
LEGAL SUPPORT, INC. v. MONTECLARO
CASE NO.:??VC066044
HEARING:??02/06/18
JUDGE:???????LORI ANN FOURNIER
#6
TENTATIVE ORDER
Defendant VANESSA CABRERA?s demurrer to Plaintiff?s Second Amended Complaint is?CONTINUED?toTuesday, March 6, 2018 at 1:30 p.m. in Dept. SE-C. CCP ?430.41.
Moving Party to give notice.
No Opposition filed as of August 16, 2017.
The parties are?ORDERED?to comply with CCP ?430.41. If, after complying with CCP ?430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP ?430.41. The declaration must be filed?directly in Department SE-C no later than 3:00 p.m. on February 26, 2018. (NO FAX FILING.)
CCP ? 430.41(a), effective for demurrers filed on or after January 1, 2016, requires a demurring party, before filing the demurrer, to engage in a specified meet and confer process with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the demurrer: ?[T]he 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. If an amended complaint?is filed, the responding party shall meet and confer again with the party who filed the amended pleading before a demurrer to the amended pleading.? (CCP ?430.41(a).) A declaration setting forth such meet and confer efforts must accompany the demurrer. (CCP ? 430.41(a)(3).)
The Court finds that Defendant CABRERA has not satisfied her meet and confer obligations.??Specifically, there is no meet and confer declaration attached to the instant demurrer. The provisions of Section 430.41 are mandatory; compliance is not optional.