NATURE OF PROCEEDINGS: 1) MOTION TO STRIKE 7 ERIC HARR’S JURY DEMAND [PLTF] CRESCENT TECHNOLOGIES LIMITED, A CORPORATION

2) HEARING ON DEMURRER — TO FIRST AMENDED CROSS-COMPLAINT OF ERIC HARR [PLTF] CRESCENT TECHNOLOGIES, LIMITED, A CORPORATION

RULING

The demurrer of Cross-Defendant Crescent Technologies Limited (“Crescent") to the First, Second and Third Causes of Action is OVERRULED. Crescent’s motion to strike Eric Hart’s jury demand is GRANTED.

I. Demurrer

Procedural Deficiencies

Crescent’s counsel’s declaration indicates only that he sent a letter to Harr’s counsel in an attempt to meet and confer before filing the demurrer, Code of Civil Procedure section 430.41(a) requires a party to meet and confer in person or by telephone. Crescent also fails to submit a copy of the operative pleading, the First Amended Cross-Complaint (“FACC”), in compliance with Marin County Rule, Civil 1.8C2. The court will rule on the demurrer but admonishes Crescent to follow all applicable rules wh