Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

This is a slip and fall case.  Plaintiff Omeed Zokaeim alleges he slipped and fell on a puddle of water on the courtyard walkway of an apartment building located at 11837 Mayfield Avenue.  Plaintiff has sued Defendants Starkwood Inc. and Helio Group.   

The operative complaint alleges a single cause of action for premises liability with specific counts alleging negligence and a willful failure to warn.  The Complaint seeks punitive damages.  

 This hearing is on Defendant’s motion to strike Plaintiff’s prayer for punitive damages and attorneys’ fees.  Defendant argues that Plaintiff has not alleged any facts that would support a finding of malice, oppression or fraud.  Defendant also argues there is no contractual or statutory basis for Plaintiff’s request for attorneys’ fees. 

Code Civ. Proc. § 435.5 requires that before the filing of a 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 motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion to strike.  (Code Civ. Proc., § 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., §435.5(a)(2).)  Thereafter, the moving party shall file and serve a declaration detailing its meet and confer efforts.  (Code Civ. Proc., §435.5(a)(3).)  Defendants failed to submit any meet and confer declaration.  And while the Court may not deny a motion to strike based on an insufficient meet and confer, there is no meet and confer at all in this case.  The Court will continue the hearing on the motion to strike to June 30, 2025 at 8:30 a.m.   

 

DATED: June 3, 2025 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court