2017-00223865-CU-OR

Ndile George Njenge vs. Bank of America

Nature of Proceeding: Motion for Judgment on the Pleadings

Filed By: Cox, Seth P.

This matter is continued on the court’s own motion to March 20, 2018 at 02:00 p.m. in this department.

Moving party did not file the required meet and confer declaration as required by Code of Civil Procedure section 439, effective January 1, 2018. Moving party shall file and serve by March 13, 2018, the required meet and confer declaration, which declaration should identify any issues raised in the demurrer that have been resolved via the meet and confer process.

Code of Civil Procedure section 439 provides that “(a) [b]efore filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” Section 439(a)(3) requires that the moving party shall file and serve with the motion for judgment on the pleadings a declaration stating either of the following:(A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion for judgment on the pleadings, and that the parties did not reach an agreement resolving the claims raised by the motion for judgment on the pleadings. (B) That the party who filed the pleading subject to the motion for judgment on the pleadings failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith.

A declaration showing compliance with the above section shall be filed and served five court days before the continued hearing date.