DeclarationCal. Super. - 6th Dist.March 2, 2021N >--»-- F-‘O\D0O\lO'\UI-lkla) »--« N >-»-a>--»--n-nn-->- \OO¢\lO'\U1-Jkul 24 25 26 27 28 DOUGLAS SCOTT MAYNARD (SBN 90649) LAW OFFICES OF MAYNARD & HOGAN 1 151 Minnesota Avenue San Jose, CA 95125 Telephone: (408) 293-8500 Facsimile: (408) 293-8507 Attorney for Defendants Michael Hart, Frances Hart, Tracy Hart-DeGregorio and Gail Hart SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA Plaintiff, Case No: 2 1 CV3 78991 FREDERICK HART, JR MEET AND CONFER DECLARATION RE DEMURRER TO AMENDED COMPLAINT Defendants, MICHAEL HART, FRANCES HART, TRACY HART-DEGREGORIO and GAIL HART MEET AND CONFER DECLARATION RE DEMURRER I am counsel for the Defendants in the above referenced matter. I declare that the following matters are true and correct and that I have personal knowledge of each of them. If called to testify with regard to the matters stated herein, I could and would do so competently. 1. I received the current operative pleading, an Amended Complaint, from the Defendants which indicates that it was electronically served to my physical office address [rather than to an electronic address] on about November 22, 2021. I did not receive a copy by electronic service, even though it is required to be sent to my email address, mamardlawoffices@earthlink.net. MEET AND CONFER DECLARATION RE DEMURRER T0 AMENDED COMPLAINT Hart v. Hart, et al. Case No. 21CV37899l 1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/20/2021 12:00 AM Reviewed By: R. Tien Case #21CV378991 Envelope: 7895906 ..... S\DO0\IO\UI-l>bJl\J ._. ,_ »- l\) >-- U.) »-a -P >-- (J1 -\ Ch >- \I >-- 00 »- 0 I00 ix) >- IN) [0 [0 DJ N -5 l\> U1 l\> ON I0 \I [Q 00 The Amended Complaint is dated November 19, 2021, and I did receive a copy in the mail attached to other correspondence on about November 22, 2021. Upon review of the Amended Complaint, I determined that it is subject to the same deficiencies as the original complaint, as well as some new improper factual inconsistencies and other issues related to the changed allegations, and I told Plaintiff’ s counsel that I plarmed to demur to it if we could not resolve those issues. The deficiencies in the Amended Complaint are susceptible to a demurrer, and I plan to demur if I am unable to obtain Plaintiffs counsel’s agreement to dismiss the single cause of action and/or agree to again amend the Amended Complaint to cure them. 2. As part of other correspondence, I initially contacted counsel for the plaintiff, and told him that the Amended Complaint had the same defects as in the original complaint, where the Demurrer was sustained. I asked him to provide me with the reasons why he thought he had cured those issues, and offered to respond to his comments. I have received no reply to that communication. 3. Pursuant to Code of Civil Procedure §430.4l, I am required to provide the Plaintiff with legal support and analysis for the basis of the deficiencies, as applied to the newly Amended Complaint. However, I did not reach the point of discussing specific legal authorities due to the holidays, and also because the Plaintiff asked me to consider a proposed Second Amended Complaint. I first began the meet and confer process over the proposed Second Amended Complaint, sending a detailed meet and confer letter to Plaintiff’ s counsel on those issues on about November 30, 2021, but have received no response to my concerns about the proposed second amendment, as the proposed changes included in those amendments are also clearly not proper. In addition, the Plaintiff is also required to provide legal support to me for his position that the Amended Complaint as well as his proposed Second Amended Complaint are legally sufficient, or in the alternative, how the MEET AND CONFER DECLARATION RE DEMURRER TO AMENDED COMPLAINT Hart v. Hart, et al. Case No. 2lCV37899l 2 Ln-JAUJIQ \)O’\ 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 complaint could be amended further to cure any legal insufficiency. To date, I have received nothing to support Plaintiffs position on either of these pleadings. 4. Since our deadline to file the demurrer will be coming up this next week, which is a Holiday Week due to Christmas, there will not be time to complete the meet and confer discussions. Moreover, due to other professional obligations and the complexity of the issues that will be presented on demurrer, I have just completed a detailed Meet and Confer letter to Plaintiffs counsel about the Amended Complaint, and since I am sending that letter now, he has not yet had time to respond to that letter. Thus, I have not yet had time to complete the follow-up in-depth meet and confer with Plaintiffs’ counsel on the proposed demurrer, as required by Code of Civil Procedure §430.4l(a)(1). 5. As a result, I am submitting this Declaration under Code of Civil Procedure §430.4l(a)(2). Pursuant to said section, upon submission of this declaration, there is an automatic 30-day extension of time to file a responsive pleading, and the demurring party shall not be subject to default during the period of the extension. I hereby declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed on December 18, 2021 at San Jose, California. Dated: December 18, 2021 MEET AND CONFER DECLARATION RE DEMURRER T0 AMENDED COMPLAINT Hart v. Hart, et :11. Case No. 21CV378991 3