JONATHAN GOULD VS. RSA ENGINEERED PRODUCTS, LLC

LINE: 2 17-CIV-05234 JONATHAN GOULD VS. RSA ENGINEERED PRODUCTS, LLC, ET AL.

JONATHAN GOULD RSA ENGINEERED PRODUCTS, LLC
LISA E. AGUIAR KARA L. JASSY

DEMURRER TENTATIVE RULING:

Moving party has not filed, with the demurrer, the declaration required by CCP §430.41(a)(3). While counsel filed a declaration pursuant to CCP §430.41(a)(2) on January 31, 2019, it indicates that the parties were not able to fully meet and confer. Consequently, the hearing on the demurrer is continued to May 20, 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 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 demurring party fails to file and serve the declaration demonstrating compliance with the requirements of Section 430.41, 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: 3 17-CIV-05234 JONATHAN GOULD VS. RSA ENGINEERED PRODUCTS, LLC, ET AL

JONATHAN GOULD RSA ENGINEERED PRODUCTS, LLC
LISA E. AGUIAR KARA L. JASSY

MOTION TO STRIKE TENTATIVE RULING:

The moving party failed to file a declaration, with the motion, as required by CCP §435.5(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 motion to strike. While counsel filed a declaration pursuant to CCP §435.5(a)(2) on January 31, 2019, it indicates the parties were not able to fully meet and confer. Consequently, the hearing on the motion is continued to May 20, 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 7 days prior to the new hearing date, 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 motion 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 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.

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