"Many motions to dismiss can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially for perceived defects in a complaint, answer or counterclaim that could be corrected by amendment." Miller v. Transamerica Life Ins. Co., No. CV 15-0583 FMO (PJWx), 2016 WL 7155779, at *1 (C.D. Cal. March 24, 2016) (Olguin, USDJ).
Westlaw just released this decision which was made in an ERISA case. The words quoted above are universal. They are not limited to ERISA cases.
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