16-CIV-00084 DARRYL JUE vs. JALAL J. SAFFARIAN, et al.

DARRYL JUE MARK WATSON

JALAL J. SAFFARIAN pro/per

h. nguyen and intero real estate cong wang

INTERO REAL ESTATE SERVICES, INC.’S DEMURRER TO PLAINTIFF’S THIRD AMENDED COMPLAINT

TENTATIVE RULING:

At the time the demurrer was filed, defendants failed to provide a declaration, as required by CCP §430.41(a)(3), showing that the parties met and conferred for the purpose of determining whether an agreement could be reached to resolve the objections to be raised in the demurrer. Although defendants have subsequently provided a declaration with their reply brief, it is unclear whether the parties did, in fact, meet and confer by telephone or in person as required by the statute. Therefore, the hearing on the demurrer is continued to February 7, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer.

Defendants are required to file, no later than 7 days prior to the new hearing date, a code-compliant declaration stating either (1) the parties have met and conferred and (a) the parties have resolved the objections raised in the demurrer, which shall be taken off calendar or (b) the parties did not reach an agreement resolving the objections raised in the demurrer or (2) the party who filed the pleading subject to demurrer failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith. If defendants fail to file and serve the Declaration demonstrating compliance with the requirements of Section 430.41, the Demurrer will be stricken as procedurally improper.