Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

This case arises from a dispute between an insured, his insurer and his contractor.  Plaintiff/Cross-Defendant Amir Mostafavi’s home suffered water damage from a blocked toilet.  

Mostafavi filed a claim with his insurer, Foremost Insurance Company.  Mostafavi claims that while Foremost approved his claim and authorized him to proceed with the repair and restoration of the damages, it failed to tender payment for the full value of the damages to his home, up to the policy limit.   

Mostafavi hired Defendant/Cross-Plaintiff Green Planet Restoration of Los Angeles to perform water mitigation services at his home.  Mostafavi claims that Green Planet was negligent in performing the restoration work including causing damages to his home in excess of what they knew or should have known would be recoverable under Mostafavi’s insurance policy, failing to properly dry out areas of water saturated soils and building materials under and within the home, failing to contain areas of mold and asbestos prior to demolition; and spreading asbestos and mold throughout the property. 

This action ensued.  Mostafavi sued Foremost and Green Planet for breach of contract, negligence and fraud, among other claims.  Green Planet cross-complained for breach of contract and conversion.   

This hearing is on Mostafavi’s demurrer and motion to strike the cross-complaint.  Code Civ. Proc. §§ 430.41 and 435.5 requires that before the filing of a demurrer or motion to strike, the moving party “shall meet and confer in person or by telephone” with the party who filed the pleading that is subject to demurrer or motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer or motion to strike.  (Code Civ. Proc. §§ 430.41(a), 435.5(a).)  The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc. §§ 430.41(a)(2), 435.5(a)(2).)  Thereafter, the moving party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc. §§ 430.41(a)(3), 435.5(a)(3).)   

Plaintiff/Cross-Defendant submits the Declaration of Amir Mostafavi who attests the parties met and conferred by telephone, after Mostafavi sent a “detailed” meet and confer letter to Green Planet’s counsel.  Unfortunately, the “detailed” meet and confer letter failed to address the many alleged defects raised in the demurrer and motion to strike.  The letter did not discuss Mostafavi’s arguments that (1) the service contract between Mostafavi and Green Planet was unconscionable, violated public policy, and was in conflict with statutory lien and insurance laws; (2) the cross-complaint was vague and uncertain; (3) the cross-complaint's prayer for attorneys’ fees was improper because it fails to allege compliance with the service contract’s collection procedures, and (4) the allegations against Roe Defendants are irrelevant and improper because they provide no facts about the involvement of fictitious defendants.  Accordingly, the Court continues the hearing on the demurrer and motion to strike to June 30, 2025 at 8:30 a.m., to allow the parties time to meaningfully meet and confer. 

 

DATED:  June 3, 2025 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court