CIV538389 LEONARD DESOMMA VS. PACIFIC GAS AND ELECTRIC COMPANY, ET AL.

LEONARD B. DESOMMA GEORGE P. ESHOO PACIFIC GAS AND ELECTRIC MARK J. HANCOCK

7. DEMURRER TO FIRST AMENDED COMPLAINT

 CONTINUED TO MAY 2, 2018. Hearing on Defendant Demurrer To First Amended Complaint is Continued to May 2, 2018 at 9:00 am in the Law & Motion Department for failure to comply with the CCP § 430.41 (a) (3)requirement to Meet & Confer.

 The demurring party failed to file a Declaration, as required by CCP §430.41(a)(3), showing that the parties met and conferred, in person or by telephone, for the purpose of determining whether an agreement could be reached to resolve the objections to be raised in the demurrer.  The Declaration of Maria Solomon-Williams states only that the parties exchanged correspondence. Consequently, the hearing on the demurrer is continued until May 2, 2018 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer in person or by telephone.

 The demurring party is 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 the parties fail to file and serve the Declaration demonstrating compliance with the requirements of Section 430.41, the demurrer will be stricken as procedurally improper