Case Number: BC553653 Hearing Date: February 23, 2018 Dept: 47

Kody Messmer, et al. v. Bruce Yasmeh, et al.

MOTION FOR JUDGMENT ON THE PLEADINGS

MOVING PARTY: Defendants Katrin Dadashhakimi, co-trustee of Yasmeh Family Living Trust, Yaniv Yasmeh, co-trustee of Yasmeh Family Living Trust, INE Capital Holdings, LLC, and Alfred Yasmeh

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiffs allege they were denied room accommodations at Defendants’ hotel because Plaintiff John Flowers is a disabled person who used a licensed service dog or assistance animal.

Defendants Katrin Dadashhakimi, co-trustee of Yasmeh Family Living Trust, Yaniv Yasmeh, co-trustee of Yasmeh Family Living Trust, INE Capital Holdings, LLC, and Alfred Yasmeh move for judgment on the pleadings as to the Complaint.

TENTATIVE RULING:

Defendants Katrin Dadashhakimi, co-trustee of Yasmeh Family Living Trust, Yaniv Yasmeh, co-trustee of Yasmeh Family Living Trust, INE Capital Holdings, LLC, and Alfred Yasmeh’s motion for judgment on the pleadings as to the Complaint is CONTINUED to March 19, 2018. Defendants’ motion was filed on January 30, 2018. However, Defendants failed to file a meet and confer declaration as required by CCP § 439 (effective January 1, 2018).

To the extent that Defendants would argue that CCP § 439 does not apply because the motion is made on non-statutory grounds, the Court does not find this argument to be persuasive. To permit a party to circumvent CCP § 439 by simply invoking the “non-statutory grounds” phrase would eviscerate CCP § 439.

Defendants are to file a meet and confer declaration by March 9, 2018.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: February 23, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court