23CV46644
DEFENDANTS’ DEMURRER TO FAC
This is a dispute between homeowner and contractor regarding an oral agreement to
construct a residence. According to plaintiff, defendants agreed to construct the
residence (including various property improvements) within six months for $102,634.00,
but ultimately failed to deliver on either promise.
Before the Court is a demurrer filed by defendants Heather Ugale and David Anderson
dba Anderson Construction. The demurrer is directed at the operative First Amended
Complaint, and all five causes of action stated therein.
Short of the merits, this Court noted that defense counsel has failed to faithfully
discharge his statutory obligation to file with the demurrer a declaration attesting to a
meet and confer. The declaration filed fails to identify how the meet and confer
conference took place, and fails to provide any details relating thereto. Given the date
of service for the FAC, and the statutory timeline for the 430.41 effort