Case Number: KC069668 Hearing Date: January 12, 2018 Dept: J

Re: Agha Hayder v. Abdul Lateef (KC069668)

DEMURRER TO COMPLAINT

Moving Party: Defendant Abdul Lateef

Respondent: Plaintiff Agha Hayder

POS: Moving OK; Opposing served by regular mail contrary to CCP § 1005(c)

Plaintiff alleges that in December 2011, his long-time friend, Defendant Abdul Lateef (“defendant”) convinced him to enter into a business relationship as his partner for a transportation business called Angel Medical Transportation Inc. Plaintiff gave defendant approximately $21,678.94 towards this endeavor, but claims that defendant’s business was a sham. The complaint, filed 9/29/17, asserts causes of action against defendant and Does 1-10 for:

Common Counts

Fraud

Breach of Contract

A Case Management Conference is set for 2/23/18.

Defendant Abdul Lateef demurs, per CCP § 430.10(e), to the first through third causes of action in Plaintiff Agha Hayder’s complaint, on the basis that they each fail to state facts sufficient to constitute a cause of action.

MEET AND CONFER:

CCP § 430.41(a) provides, in pertinent part, as follows:

“(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. If an amended complaint, cross-complaint, or answer 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.

(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 party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.

(2) The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause.

(3) The demurring party shall file and serve with the demurrer a declaration stating either of the following:

(A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer.

(B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith…”

Defendant Abdul Lateef fails to demonstrate that he complied with CCP § 430.41. The court orders Mr. Lateef and counsel for plaintiff to meaningfully meet and confer, in person or by telephone, prior to the hearing. If the parties are unable to resolve the issues on their own, the demurrer will be taken off calendar.