Case Number: 17K01580 Hearing Date: January 17, 2018 Dept: 77

The hearing on Defendant City of Los Angeles’ Demurrer to First Amended Complaint is CONTINUED to March 7, 2018 at 8:30 a.m. in Department 77. Defendant to meet and confer with Plaintiffs and to file a meet-and-confer declaration no later than 16 court days before the continued hearing date.

Background

On February 2, 2017, Plaintiffs Vanessa Maria Zapata, Esmeralda Marcilio, Bertha Coleman Chavez, Luis Ramon Zapata, Sonya Chavez, and Leticia Zelaya (collectively, “Plaintiffs”) filed this action against Defendant City of Los Angeles (“Defendant”). After the Court sustained Defendant’s demurrer to the Complaint, Plaintiff filed a First Amended Complaint (the “FAC”) on September 8, 2017, alleging one cause of action for general negligence. Plaintiffs allege that the Los Angeles Police Department (“LAPD”), an agency of Defendant, executed a search warrant in a manner so as to violate Civ. Code. § 52.1 and 42 U.S.C.A. § 1983. (FAC ¶ GN-1.)

On October 17, 2017, Defendant filed a Demurrer to the FAC. On December 22, 2017, Plaintiffs filed their Opposition. On January 9, 2018, Defendant filed a Reply.

Meet and Confer

Pursuant to CCP § 430.41(a), “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Italic added.)

CCP § 430.41(a)(3) states: “The demurring party shall file and serve with the demurrer a declaration stating either of the following:

(A) The means by which the demurring party met and conferred 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.

(B) 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.”

(Italics added.)

The Court notes that Defendant has failed to submit a meet-and-confer declaration as required by CCP § 430.41(a)(3). Defendant states in its Notice of the Demurrer that it met and conferred with Plaintiffs’ counsel via a telephone call on June 8, 2017. (Notice of October 17, 2017 Demurrer.) The Court notes, however, that this is the same meet-and-confer statement Defendant made in its demurrer to the Complaint. (See June 9, 2017 Demurrer.) In effect, while Defendant met and conferred with Plaintiffs regarding the Complaint, it has failed to meet and confer regarding the FAC. The meet-and-confer requirement of CCP § 430.41(a) is mandatory. Defendant must meet and confer with Plaintiffs to resolve the objections raised in the Demurrer before seeking judicial intervention. The Court, therefore, finds that Defendant has failed to meet and confer as mandated by CCP § 430.41(a).

Accordingly, the hearing on Defendant City of Los Angeles’ Demurrer to First Amended Complaint is CONTINUED to March 7, 2018 at 8:30 a.m. in Department 77. Defendant to meet and confer with Plaintiffs and to file a meet-and-confer declaration no later than 16 court days before the continued hearing date.