FN-OSM, Inc. v. Laby Property Group, LLC

FN-OSM, Inc. v. Laby Property Group, LLC Friday, August 14, 2026 [TENTATIVE] ORDER TAKING OFF CALENDAR DEMURRER OF CROSS-DEFENDANT, FN-OSM, INC., TO THE CROSS-COMPLAINT (0365)

The first amended complaint alleges Plaintiff was required to terminate a lease after water intruded into the premises causing damage to Plaintiff's business. Plaintiff alleges one cause of action for breach of contract.

The Cross-Complaint alleges claims for (1) apportionment of fault, (2) indemnification, (3) declaratory relief, and (4) breach of contract. Cross-Defendant demurs to the first, second, and third causes of action on grounds of uncertainty and failure to state a cause of action. Cross-Complainant argues in opposition that the demurrer is procedurally defective, and Cross-Defendant did not meet and confer as required by statute. There is no ambiguity.

As of June 23, 2026, Cross-Defendant did not file a reply brief.

On June 25, 2026, the Court continued the hearing because of moving party's failure to meet and confer as required by statute. (Code Civ. Proc., Sec. 430.41 (a).

The Court ordered demurring party to file a declaration stating that the parties met and conferred, and the parties did not reach an agreement; or that the opposing party failed to respond to efforts to meet and confer. (Code Civ. Proc., Sec. 430.41 subd. (a)(3).)

Cross-Defendant did not comply with the Court's order. As of August 13, 2026, Cross-Defendant did not file the required declaration. As Cross-Defendant failed to comply with the Court's order or its statutory obligations, Cross-Defendant's demurrer is taken off calendar.