GREG FLEMING VS. BRIGHTLINE CONSULTING LLC ET AL

Set for Law and Motion/Discovery Calendar on January 02, 2026, Line 5.

1 - Defendants Brightline Consulting LLC, Ulrich Schmid-Maybach, Maureen Hurley and Ruth Suarez's demurrer is off calendar.

First, the court has granted Plaintiff leave to file the Second Amended Complaint. Thus, the demurrer to the First Amended Complaint is moot.

Second, Defendants failed to demonstrate compliance with their meet-and-confer responsibilities. A party demurring to a pleading must meet and confer with the party who filed the pleading "[b]efore filing [the] demurrer." (Code of Civil Procedure section 430.41 (a).) The meeting must be "in person, by telephone or by video conference." (Ibid.) The meeting must take place at least five days before the date the motion must be filed. (Code of Civil Procedure section 430.41(a)(2.) The moving party must file a declaration with its moving papers demonstrating compliance with these requirements and/or that the opposing party failed to confer in good faith. (Code of Civil Procedure section 430.41(3).)

Here, counsel's 12/2/2025 declaration does not demonstrate compliance with the meeting requirement or establish Plaintiff failed to confer in good faith. Counsel states, "Despite meet and confer efforts, Plaintiff failed to provide any response to the meet and confer efforts related to the Complaint." Counsel must identify those efforts and show they satisfy Defendants' statutory duties. This sentence does neither. Further, the representations regarding "issues with personal service" demonstrate nothing regarding meet and confer. Any subsequent demurrer for which compliance with section 430.41 is not demonstrated will be ordered off calendar.

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