18-CIV-01925 MAXIMO INVESTMENTS, LLC VS. WORKING DIRT R2, ET AL.

MAXIMO INVESTMENTS, LLC WORKING DIRT R2
BENJAMIN C. GRAVES MATTHEW D. ZUMSTEIN

HEARING ON DEMURRER TENTATIVE RULING:

Defendant counsel’s supporting declaration fails to set forth, as required by CCP section 430.41(a)(3), 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 supporting declaration states only that counsel for cross-defendant sent an email setting forth the grounds for demurrer and asking for opposing counsel’s “availability” to speak by telephone, and that opposing counsel did not respond concerning availability. This does not constitute a good faith effort to comply with section 430.41. Counsel for one of the parties is required to initiate an in-person or telephonic communication, which did not happen here.

An in-person or telephonic discussion could eliminate many of the issues in the demurrer, especially after the Court’s overruling Cross-defendant Rosenbledt’s demurrer on September 27, 2018, which raised many of the same grounds as the present demurrer.

The hearing on the demurrer is continued to November 7, 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.” (Code of Civ. Proc. sect. 430.41.) The demurring party is required to file, no later than 7 calendar days prior to the new hearing date, a code-compliant declaration stating either (1) that the demurring party met and conferred, in person or telephonically, with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer, or (2) that the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.

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.