Re: Evangelica Escobar v. Karo Stepanyan
Superior Court No. 17CECG00399
Hearing Date: Thursday February 8, 2018 (Dept. 503)
Motion: Defendants’ Demurrer
Tentative Ruling:

To Order the demurrer off calendar for failure to comply with Code of Civil Procedure section 430.41.

Explanation:

Before filing a demurrer, the demurring party must meet and confer in person or by telephone with the party that filed the pleading which is subject to the demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc., §430.41, subd. (a).)

A demurring party must file and serve with the demurrer a declaration stating the means by which it met and conferred with the party that filed the pleading subject to demurrer and that the parties did not reach an agreement resolving the objections raised in the demurrer or stating that the party that filed the pleading subject to demurrer failed to respond to the demurring party’s request to meet and confer or otherwise failed to meet and confer in good faith. (Code Civ. Proc., §430.41, subd. (a)(3).)

Here, Defendants submit no evidence of compliance with Code of Civil Procedure section 430.41.

Tentative Ruling
Issued By: A.M. Simpson on 02/06/18
(Judge’s initials) (Date)