18-CIV-05633 EMILY BRADLEY VS. STANLEY LO, ET AL.

EMILY BRADLEY STANLEY LO
DAVID RATNER GOPAL S. PATEL

GREEN BANKER REALTY AND STANLEY LO’S MOTION TO STRIKE PORTIONS OF PLAINTIFFS FIRST AMENDED COMPLAINT TENTATIVE RULING:

CCP §435.5(a) states that before filing a motion to strike, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion. §435.5(a)(3) requires the moving party to file and serve with the motion a declaration stating either the means by which the moving party met and conferred and that they did not reach an agreement or that the party who filed the pleading that is the subject of the motion failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith.

The declaration of Gopal Patel does not comply with §435.5. It states only that he has met and conferred with Plaintiff’s counsel pursuant to the statute. The declaration does not state the means by which he met and conferred. Consequently, the hearing on the Motion to Strike is continued to March 19, 2019 at 9:00 A.M. in the Law and Motion Department. Moving party is required to file, no later than 7 days prior to the new hearing date, a code-compliant declaration. 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. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.