Sun Pacific Products, Inc. v. Riverbend Food, LLC, et al.

Motion: Slack’s Demurrer to Second Amended Complaint
Slack’s Motions to Strike Second Amended Complaint
Tentative Ruling:
To deny both motions to strike and overrule the demurrer to the Second Amended Complaint (“SAC”). Defendant Tom Slack shall file his Answer to the SAC within 10 days of service of the minute order by the clerk.
Explanation:
Code of Civil Procedure sections 435.5 and 430.41 require in-person or telephonic meet and confer prior to filing a motion to strike or demurrer. Slack’s counsel sent a meet and confer letter but did not make any effort to meet and confer in person or by telephone. Ordinarily the court would take the motions off calendar pending compliance with this statutory requirement. In this instance the court will not do so due to the delays in hearing these motions, which were filed in March. That being said, the court expects compliance from all parties and in the future will strictly enforce this requirement. Moti........

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