CASE UPDATE - MEC VS KENNETH MACIORA ET AL
A Tentative Ruling was issued yesterday for the Hearing on Demurrer - Civil Law and Motion - Demurrer/JOP scheduled for Monday, October 22.
Maciora filed a Demurrer (Entry 372) to Ed's Answer to Maciora's Cross-Complaint. MEC filed an Opposition and Declaration (Entries 388 and 389). Maciora filed a Reply (Entry 390).
____________________________________
2016-00202624-CU-SL
MyECheck, Inc. vs. Kenneth Maciora
Nature of Proceeding: Hearing on Demurrer to Answer to Cross-complaint
Filed By: Maciora, Kenneth
Cross-complainant’s demurrer to cross-defendant’s answer to cross-complaint is on the court’s own motion CONTINUED to 11/21/2018 at 9:00AM in this department. The demurring party did not file and serve with this demurrer a declaration which satisfies the requirements of Code of Civil Procedure §430.41(a), which requires the demurring party to meet-and-confer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer. (Emphasis added.) Instead, it appears the only meet-and-confer efforts were by letter and email but neither means of meet-and-confer satisfies the express statutory requirements.
Demurring party shall pursuant to the provisions of Code of Civil Procedure §430.41(a) meet-and-confer “in person or by telephone” with the party filing the pleading that is the subject of the demurrer and file and serve no later than 11/9/2018 a declaration in conformity with §430.41(a)(3). This declaration shall also identify any issues raised by the demurrer which have been resolved via the meet-and-confer process and no longer need resolution by the Court.
The moving memorandum of points & authorities fails to comply with CRC Rule 3.1113(f).
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)
____________________________________
The red highlights emphasize Maciora's legal incompetence.
