18-CIV-02463 LARISA VASERMAN VS. LAW OFFICES OF FINKELSTEIN, BENDER AND FUJII, LLP

LARISA VASERMAN LAW OFFICES OF FINKELSTEIN, BENDER AND FUJII, LLP
PRO/PER MARC D. BENDER

TONY MONTELLANO’S DEMURRER TO COMPLAINT TENTATIVE RULING:

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 Dylan Carp states only that an email was sent to plaintiff’s counsel. Consequently, the hearing on the demurrer is continued to at September 20, 2018 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 is required as the tentative ruling affords sufficient notice to the parties.