LJD PROPER, A CORPORATION VS FARIBORZ FRED HANASSAB

Tentative Rulings

Case Number: 19STLC03126    Hearing Date: June 30, 2020    Dept: 26

LJD Proper v. Hanassab, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Fariborz Fred Hanassab, Esq.’s Demurrer to the Complaint is PLACED OFF CALENDAR.

Defendant to file and serve an Answer to the Complaint within 20 days’ notice of this order.

ANALYSIS:

On March 29, 2019, Plaintiff LJD Proper (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant Fariborz Fred Hanassab, Esq. (“Defendant”), individually and dba The Law Office of Fred Hanassab. On July 3, 2019, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed its Opposition on July 30, 2019. At the previous hearing, the Court continued the Demurrer because Defendant failed to submit a meet-and-confer declaration as required by Code of Civil Procedure section 430.41. On October 11, Defendant filed a supplemental declaration stating that he had been attempting to meet and confer with Plaintiff, but he “will file supplemental papers with the Court to advise whether the Parties are able or unable to reach an agreement to resolve the objections raised in the Demurrer.”

As of the hearing on November 5, 2019, the Court again found that no additional supplemental declaration has been filed by Defendant to explain to how the meet-and-confer effort has concluded. For this reason, the Court still could not consider the merits of the Demurrer at that time. The Court continued the hearing on the Demurrer, but to date, no supplemental declaration has been filed.

Therefore, the Demurrer to the Complaint is PLACED OFF CALENDAR.

Plaintiff to give notice.

Case Number: 19STLC03126    Hearing Date: November 05, 2019    Dept: 94

DEMURRER TO COMPLAINT

(CCP § 430.10)

TENTATIVE RULING:

Defendant Fariborz Fred Hanassab, Esq.’s Demurrer to Complaint is CONTINUED to FEB. 11, 2020 at 10:30 a.m. in Department 94.

ANALYSIS:

I. Discussion

On March 29, 2019, Plaintiff LJD Proper (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant Fariborz Fred Hanassab, Esq. (“Defendant”), individually and dba The Law Office of Fred Hanassab. On July 3, 2019, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed its Opposition on July 30, 2019.

At the previous hearing, the Court continued the Demurrer because Defendant failed to submit a meet-and-confer declaration as required by CCP § 430.41. On October 11, Defendant filed a supplemental declaration stating that he had been attempting to meet and confer with Plaintiff, but he “will file supplemental papers with the Court to advise whether the Parties are able or unable to reach an agreement to resolve the objections raised in the Demurrer.” To date, no additional supplemental declaration has been filed by Defendant to explain to how the meet-and-confer effort has concluded. For this reason, the Court still cannot consider the merits of the Demurrer at this time.

II. Conclusion & Order

In light of the foregoing, the Demurrer is again CONTINUED to FEB. 11 2020, at 10:30 a.m. in Department 94.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.