Maribel Rivas vs. 15116 Parthenia Street Inc., et al.

opposed this instant motion, therefore, Plaintiffs concede on this issue. (See California Rules of Court, Rule 3.1113, subd. (a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20 [the party who fails to argue an issue abandons that issue].)

Accordingly, the Malhi Defendants have shown that their proposed cross-claims concern matters of dispute against Plaintiffs, which should be heard in this present lawsuit to avoid multiplicity of suits and in the interests of justice and judicial economy.

IV. CONCLUSION

Based on the foregoing, Defendants' Surrinder Kumar Malhi and Paramjit Kumar Malhi Motion for Leave to File Cross-Complaint is GRANTED. The proposed Cross-Complaint to be filed and served separately within 5 days of this Order. Responsive pleading to be filed and served 30 days thereafter. . Defendants Surrinder Kumar Malhi and Paramjit Kumar Malhi to give notice.

Dated: August 26, 2026 __________________________________ Hon. Karen Moskowitz Judge of the Superior Court

MARIBEL RIVAS vs. 15116 PARTHENIA STREET INC., et al., August 26, 2026 at 8:30 a.m. Van Nuys Courthouse East, Dept. I

BACKGROUND

This is a landlord-tenant action arising out of the collection of rent for a property subject to the Los Angeles Rent Stabilization Ordinance ("LARSO"). On June 17, 2026, Plaintiff Maribel Rivas ("Plaintiff") filed the operative Complaint against Defendants 15116 Parthenia Street Inc. ("Parthenia") and DOES 1 through 10 (collectively, "Defendants"), alleging causes of action for: (1) Violation of Los Angeles Municipal Code ("LAMC") Sec.Sec. 151.04, 151.10 and (2) Declaratory Relief.

On July 8, 2026, Parthenia filed the instant Demurrer with Motion to Strike the Complaint. On August 13, 2026, Plaintiff filed an Opposition.

I. DISCUSSION

As a preliminary matter, Parthenia's counsel of record, Alberto J. Campain's declaration in support of the demurrer and motion to strike indicates, inter alia, that " On July 1, 2026, I transmitted a correspondence by email to Plaintiff's counsel in a good faith attempt to meet and confer regarding objections that would be raised by a demurrer and a motion to strike portions of the complaint. " (Campain Decl., P.2, Ex. A.)

Prior to filing a demurrer and motion to strike, the demurring/moving party is required to meet and confer in person, by telephone, or by videoconference with the party who filed the pleading for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer and motion to strike. (Code Civ. Proc., Sec. 430.41; Code Civ. Proc., Sec. 435.5.)¿

As shown above, the parties did not meet and confer in-person, by telephone, or by videoconference. Although Mr. Campain's meet and confer email stated: "I am available to meet and confer telephonically if you desire. If we do not hear from you, we will assume that you do not intend to amend the Complaint and we will proceed with the filing of a motion to strike and demurrer," Mr. Campain does not attest to any actual attempt to call Plaintiff's counsel to meet and confer prior to filing the demurrer and motion to strike. The Court finds this meet and confer effort fails to conform with the statute.

II. CONCLUSION

Based on the foregoing, the Court continues the hearing on Defendant 15116 Parthenia Street Inc.'s Demurrer and Motion to Strike to October 29,2026 at 8:30 a.m. in Dept. I at Van Nuys East Courthouse.

The parties are ordered to meet and confer either in person, by telephone, or by video conference within 10 days of the date of this order. If the parties are unable to informally resolve the pleading issues or if the parties are otherwise unable to meet and confer in good faith, Defendant 15116 Parthenia Street Inc. is to thereafter file and serve a declaration setting forth meet and confer efforts in compliance with Code of Civil Procedure Sections 430.41 and 435.5 within 5 court days of the continued hearing.

Defendant 15116 Parthenia Street Inc. to give notice. | Home -->)" -->