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CalAttorney2, Attorney
Category: Personal Injury Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney with experience representing plaintiffs in personal injury matters.
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I'm in Los Angeles County CA and am a co-defendant in a

Customer Question

I'm in Los Angeles County CA and am a co-defendant in a personal injury, unlimited complaint. I filed my Answer and a subsequent Cross-Complaint. Plaintiff's counsel filed a Demurrer and Motion to Strike. My question is this...CA enacted a law Jan 1, 2016 requiring a notice of Meet and Confer prior at least 5 days prior to filing the demurrer. The demurrer was filed Nov 9 and I was served 11/11. I subsequently received a notice to meet and confer dated 11/10 and received 11/14. In light of this, can I object to the demurrer on the basis of the Meet and Confer not complying with the code of civil procedures, and if so, how have you seen this objection hold?
Submitted: 11 months ago.
Category: Personal Injury Law
Expert:  CalAttorney2 replied 11 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn of this situation - while you can include the failure to properly present the "meet and confer" prior to filing (the safe harbor provision), it is not likely to stop the actual demurrer (so you would want to include this as a "throw away" argument, do not rely on this as actually defending the demurrer - instead focus on the substantive defenses to the demurrer.

The purpose of the meet and confer requirement is to allow the parties to discuss an issue and if appropriate allow the party that filed the pleading to voluntarily withdraw it (so allow you an opportunity to withdraw your cross complaint) prior to filing the motion - if you didn't plan on withdrawing your cross-complaint, this is going to be a futile gesture in any event. However including a short paragraph noting that the opposing side failed to "meet and confer" until after filing their motion is worthwhile because this is very early in the litigation, if they show a habit of doing this throughout the court may take issue with it (such as issuing sanctions against the party or their attorney).