LINE: 6 18-CIV-02773 ZAHAVA STROUD VS. MARK PALERMO, ET AL.

ZAHAVA STROUD MARK PALERMO
PAUL K. LEE SHANNON B. JONES

DEMURRER TO PLAINTIFF’S COMPLAINT BY TCGSC, INC. AND MARK PALERMO TENTATIVE RULING:

Defendants TCGSC, INC. and MARK PALERMO’s Demurrer to Complaint fails to comply with the meet-and-confer requirements of Code Civ. Proc. §430.41. Specifically, Defendants’ counsel’s declaration does not state that meet-and-confer discussions “in person or by telephone” occurred, as required under Section 430.41. The hearing on the Demurrer is therefore continued to April 23, 2019 at 9:00 A.M. in the Law and Motion Department so that the parties may meet and confer. The demurring party is required to file, no later than April 15, 2019, a Code-compliant declaration stating either: (1) the parties have met and conferred in person or by telephone 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 demurring party fails to file and serve the declaration demonstrating compliance with the requirements of Section 430.31, the Demurrer will be stricken as procedurally improper. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.

LINE: 7 18-CIV-02773 ZAHAVA STROUD VS. MARK PALERMO, ET AL.

ZAHAVA STROUD MARK PALERMO
PAUL K. LEE SHANNON B. JONES

MOTION TO STRIKE PORTIONS OF THE COMPLAINT BY TCGSC, INC. AND MARK PALERMO TENTATIVE RULING:

Defendants’ Motion to Strike fails to comply with the meet-and-confer requirements of Code Civ. Proc. §435.5. Specifically, Defendants’ counsel’s declaration does not state that meet-andconfer discussions “in person or by telephone” occurred, as required under Section 435.5. The hearing on the Motion to Strike is therefore continued to April 23, 2019 at 9:00 A.M. in the Law and Motion Department so that the parties may meet and confer. The moving party is required to file, no later than April 15, 2019, a Code-compliant declaration stating either: (1) the parties have met and conferred in person or by telephone and (a) the parties have resolved the objections raised in the motion, which shall be taken off calendar or (b) the parties did not reach an agreement resolving the objections raised in the motion; or (2) the party who filed the pleading subject to the motion to strike failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith. If the moving party fails to file and serve the declaration demonstrating compliance with the requirements of Section 435.5, the Motion to Strike will be stricken as procedurally improper. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.