SHANNON FESER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, February 17, 2026, Line 8. Defendant Transbay Joint Powers Authority's Demurrer to Plaintiff Shannon Feser's Amended Complaint is OFF CALENDAR.

Demurring Defendant failed to demonstrate compliance with its 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(a)(3).)

Here, Defendant's counsel states only, "Defendants have satisfied their duty to meet and confer with opposing counsel for the purpose of determining whether an agreement can be reached that would resolve the objections in the demurrer. [para]. On August 1, 2025, I initiated meet and confer efforts with Plaintiff by sending correspondence about the grounds for demurrer. As Plaintiff and Defendant were unable to resolve their issues, Defendant filed a demurrer, which was sustained with leave to amend by this Court." (Fessenden Dec., paras. 6 & 7.)

Defendants earlier meet-and-confer related to an earlier demurrer is irrelevant to this demurrer. The record does not support findings that Defendant made any effort to meet and confer regarding this demurrer. Nor does the record support that Defendant met and conferred "in person, by telephone or by video conference" or that the opposing party failed to confer in good faith I have reached out to meet and confer regarding this demurrer. Defendant failed to demonstrate meet and confer on this demurrer consistent with section 430.41's requirements. Therefore, Defendant's demurrer is ordered off calendar.

Demurring Defendant's time to respond to the complaint is extended by 20 days, running from the date of this order. Demurring Defendant is ordered to prepare a proposed order which repeats verbatim the above and email it to contestdept302tr@sftc.org prior to the time set for hearing.

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