Mata v. Johnstone Contracting, Inc., et al.

Case No.: 18CECG02218    

Motion: Defendant Johnston Contracting, Inc.’s Demurrer to Complaint


Tentative Ruling:


To overrule general demurrer to entire complaint based on statute of limitations. To sustain demurrer to sixth cause of action without leave to amend.


Explanation:


Meet and Confer


Defendant Johnston’s counsel consciously elected not to engage in the meet and confer process required by Code of Civil Procedure section 430.41. This is not acceptable; the statute is mandatory and future choices to disregard meet and confer statutes (Code Civ. Proc., §§ 430.41, 435.5, 439) will be dealt with by taking the motion off calendar until the meet and confer statute is complied with.


All Causes of Action – Statute of Limitations


Plaintiff and defendant agree that the applicable statute of limitations is 10 years under Code........