Title
Rules and Forms: Declarations of Demurring or Moving Party Regarding Meet and Confer (Action Required)
body
Summary
Recent legislation added to and amended the Code of Civil Procedure to require a meet-and-confer session before a party can file a motion to strike a pleading or a motion for judgment on the pleadings, and to provide for an extension of time if the parties are unable to meet and confer within the time allowed. The Civil and Small Claims Advisory Committee recommends revising two optional forms, one to implement the meet-and-confer requirements and the other to obtain a 30-day extension of time to file a motion to strike a pleading or a motion for judgment on the
pleadings if the parties are unable to meet before the due date of the motion.
Recommendation
The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2019, revise Declaration of Demurring or Moving Party Regarding Meet and Confer (form CIV-140) and Declaration of Demurring or Moving Party in Support of Automatic Extension (form CIV-141) to add a motion to strike a pleading and a motion for judgment on the pleadings to the items that require a meet-and-confer session before filing in a trial court.