Case Number:
BC655368
Hearing Date:
February 25, 2021
Dept:
29
Patrick Gabb v. DMC Management Co., et al.

Demurrer filed by Defendant California TrusFrame, LLC


TENTATIVE:

SUSTAIN the demurrer with leave to amend within 20 days.



ANALYSIS:

Legal Standard



Meet and Confer



Before filing a demurrer or motion to strike, the demurring and moving party is required to meet and confer with the party who filed the pleading sought to be stricken or demurred to, in person or telephonically, for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. (CCP §§ 430.41.)

The Court finds that Demurring Defendants have filed code-compliant meet and confer declarations. (Taylor Decl., ¶¶ 4-6; CCP § 430.41(a)(3)(B).)





Demurrer



Defendant can demur within the same period of time it has to answer the complaint, i.e., 30 days after service, u