UKIAH (707) 462-6694
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WILLITS (707) 456-9210
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[email protected]

Meet and and confer, or else.

Brian Carter obtained an order to show cause and then an order dismissing with prejudice a plaintiff’s claims against the firm’s client (Client), bringing Client’s involvement in the case to a quick and efficient end.  Client real estate broker contracted with lessor to find a tenant for lessor’s rental residence.  Client found a tenant and then had no further involvement.  A year later, Tenant experienced flooding in the residence.  Despite Client’s non-involvement during the prior year, and having had nothing to do with the flooding, tenant sued Client in addition to the lessor.  Mr. Carter intended to file a demurrer for Client but was unable to receive a return phone call from plaintiff’s counsel, despite the requirement in Code of Civil Procedure § 430.41 that counsel meet and confer in good faith prior to the filing of a demurrer.  Carter therefore applied ex parte for an order to show cause re failure to meet and confer under the statute.  The court issued the OSC, and when plaintiff and her counsel failed to make the required showing the court dismissed plaintiff’s claims against Client, with prejudice.  The lesson being that CCP § 430.41 packs a real punch if a party fails to meet and confer as required by the statute.