18-CIV-04249 JON-PAUL BELSTLER VS. RW ZUKIN, INC., ET AL.

JON-PAUL BELSTLER RW ZUKIN, INC.
CATALINA S. MUNOZ GRACE E. COLLER

RW ZUKIN, INC. AND TAJRIAN INVESTMENTS, LLC’S MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT TENTATIVE RULING:

Defendants RW ZUKIN, INC. and TAJIRIAN INVESTMENTS, LLC’s Demurrer to First Amended Complaint and Motion to Strike are CONTINUED to April 8, 2019.

Defendants’ counsel’s meet and confer declaration fails to meet the requirements of Code Civ. Proc. §§430.41(a)(3)(A) and 435.5(a)(3)(A) in that counsel does not indicate the means by which he met and conferred with Plaintiff’s counsel. Code Civ. Proc. §§430.41 and 435.5 require a 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 and motion to strike.

Accordingly, the hearings on the Demurrer and Motion to Strike are continued to April 8, 2019 at 9:00 A.M. in the Law and Motion Department so that the parties may meet and confer in person or by telephone. Defendants’ counsel is required to file, no later than 7 days prior to the new hearing date, a Code-complaint 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 and Motion to Strike, which shall be taken off calendar, or (b) the parties did not reach an agreement resolving the objections raised in the Demurrer and Motion to Strike; or (2) Plaintiff failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith. If Defendants’ counsel fails to file and serve the declaration demonstrating compliance with the requirements of Sections 430.41 and 435.5, the Demurrer and Motion to Strike shall be stricken as procedurally improper.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendants RW ZUKIN, INC. and TAJIRIAN INVESTMENTS, LLC 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.