Judge: Michael E. Whitaker, Case: 25SMCV01505, Date: 2025-05-27 Tentative Ruling

Case Number: 25SMCV01505    Hearing Date: May 27, 2025    Dept: 207

NTATIVE RULING

MOTION

This case arises from a dispute concerning the distribution of funds received pursuant to an injury claim. 

On March 25, 2025, Plaintiffs M&Y Personal injury Lawyers (“M&Y”) and Majid Hashemi (“Hashemi”) filed a complaint in interpleader against Defendants Farhad Hamdam (“Hamdam”); Tu-Link LLC (“Tu-Link”); Urgent Orthopedic Care Muli Specialty Medical Group Inc. (“Urgent”); Care Works (“Care Works”); Greg S. Khounganian, M.D. (“Khounganian”); Cal-State Radiology (“Radiology”); Beverly Hills Outpatient Surgery Center (“BHOSC”); Beverly Hills Medical Imaging (“BHMI”) and Diagnostic Financial Solutions LLC (“Diagnostic”) (together, “Defendants”). 

Although the Caption of the Complaint indicates there are three causes of action for (1) breach of contract; (2) conversion; and (3) common counts, the body of the Complaint actually alleges four causes of action for (1) interpleader; (2) declaratory judgment; (3) conversion; and (4) common counts.

Defendant Hamdam now demurs to the three causes of action as listed on the caption page of the Complaint on the grounds that the Complaint fails to state facts sufficient to constitute a cause of action, pursuant to Code of Civil Procedure section 430.10, subdivision (e).  Plaintiffs oppose the demurrer.

MEET AND CONFER REQUIREMENT

            Code of Civil Procedure section 430.41, subdivision (a) requires that “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” 

The statute further requires “As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies.”  (Code Civ. Proc., § 430.41, subd. (a)(1).)  “The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.”  (Ibid.)

“The parties shall meet and confer at least five days before the date the responsive pleading is due.  (Code Civ. Proc. § 430.41, subd. (a)(2).)  “The demurring party shall file and serve with the demurrer a declaration stating either” the means by which the parties met and conferred, or that the party who filed the pleading subject to demurrer failed to respond to the meet and confer request.  (Id., subd. (a)(3).) 

Here, Hamdam indicates that he attempted to meet and confer with Plaintiffs by sending a letter on April 15, 2025 that outlined the potential demurrer and invited a response via call or in writing, to which Plaintiffs failed to respond.  (Hamdam Decl. ¶¶ 3-4.)  In opposition, Plaintiffs indicate, “Although it appears no amount of discussion would dissuade defendant from Demurring, the Plaintiff’s counsel did return calls from Defendant.”  (Opposition at pp. 5-6.)

Despite Plaintiffs’ counsel’s pessimism, in light of the confusion regarding what causes of action Plaintiffs are actually asserting, due to the conflicting caption page and body of the Complaint, the Court believes that further meet and confer efforts could be fruitful here, and an earnest attempt to stipulate to an amendment to clean up the pleadings without the need for judicial intervention could save both party and judicial resources.

CONCLUSION AND ORDER

For the reasons stated, the Court continues the hearing on the demurrer to June 23, 2025 at 8:30 A.M. in Department 207 to enable the parties to meet and confer in good faith and, if appropriate, stipulate to amend the pleadings to avoid or streamline judicial intervention. 

Further, on or before June 16, 2025, the parties shall file and serve Supplemental Declarations addressing compliance with the meet and confer requirement under the code. 

Hamdam shall provide notice of the Court’s order continuing the hearing and file a proof of service forthwith. 

DATED:  May 27, 2025                                                         ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court