DeclarationCal. Super. - 6th Dist.March 2, 2021.-»- :-O\OOO\]O\UI-B N.-.-.-.--.--a.--.- U3l\’ Ix) -- N I\) l\) U) Ix) -l> Ix) LII l\) OK I\) \I I0 00 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, FREDERICK HART, JR Case No: 2lCV37899l MEET AND CONFER DECLARATION RE DEMURRER TO VERIFIED 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, a Verified Complaint, from the Defendants on April 8, 2021, shortly after they were served with it. Upon review of the Verified Complaint, I determined that there are a number of deficiencies in the Verified Complaint that are susceptible to a MEET AND CONFER DECLARATION RE DEMURRER TO VERIFIED COMPLAINT Hart v. Hart, et :11. Case No. 2lCV378991 1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/14/2021 1:01 PM Reviewed By: L Del Mundo Case #21CV378991 Envelope: 6643117 \lO\UI-Ii-UJIQ 10 11 I2 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 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 amend the Amended Complaint to cure them. 2. I initially contacted counsel for the plaintiff, and gave him some general information concerning the defects in the complaint upon which I plan to demur. Thereupon, we engaged in settlement negotiations, which after a number of attempts, were eventually unfruitful. The last offer to settle expired at 5:00 pm last Thursday, June 10, 2021, with no response from the Plaintiff. In the course of those settlement negotiations, Plaintiffs counsel granted extensions to respond to the Verified Complaint through today, Monday June 14, 2021. 3. Pursuant to Code of Civil Procedure §430.41, I am required to provide the Plaintiff with legal support for the basis of the deficiencies which I already disclosed to the Plaintiff. However, we did not reach the point of discussing specific legal authorities since settlement discussions ensued. In addition, the Plaintiff is also required to provide legal support to me for his position that the pleading is legally sufficient, or in the alternative, how the complaint could be amended to cure any legal insufficiency. To date, I have received nothing to support Plaintiff s position, and I presume that this is primarily due to the attempts to settle the case. 4. Since the settlement discussions failed on Thursday at 5:00 pm, and our deadline to file the demurrer was the following Monday, there was not 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 not had sufficient time available to delineate all of the specific legal authority for each of those deficiencies that will be the basis of the demurrer. Thus, I have not yet had time to prepare for 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)(l). MEET AND CONFER DECLARATION RE DEMURRER TO VERIFIED COMPLAINT Hart v. Hart, et al. Case No. 2lCV378991 2 :-->-- >-O\OOO\)O'\UI-B .-1-->-->-.-»--s-- OO\lC7\UI-JAUJIQ >- \O 5. As a result, I am submitting this Declaration under Code of Civil Procedure §430.41(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 June 14, 2021 at San Jose, California. ~ Dated: June 14, 2021 ~ Douglas Scott Maynard Attorney for Defendants MEET AND CONFER DECLARATION RE DEMURRER T0 VERIFIED COMPLAINT I-{art v. Hart, et al. Case No. 21CV378991 3