On May 10, 2019 a
Motion-Secondary
was filed
involving a dispute between
Msalam, Andrew,
Msalam, Ghassan,
Msalam, Jamie,
Msalam, Jamilah,
Msalam, Jimilah,
Msalam, Jonathan,
Msalam, Julnar,
Msalam, Khalil,
and
Arellano, Fred,
Arellano, Freddie A., Jr,
Aria Sarbeland Trust,
Does 4-20 Individually And In Their Official Capacities,
Does 7-20, Individually And In Their Official Capacities,
Gonzalez, Miguel,
Martha Fabiola Sarbeland Trust,
Sarbeland, Aria,
Sarbeland, Martha,
Sarbeland Trust,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
ARA JABAGCHOURIAN (SBN 205777)
araSarai law.corn
LAW OFFICES OF ARA JABAGCHOURIAN, P.C.
1650 S. Amphlett Boulevard, Suite 216
San Mateo, CA 94402
Telephone: (650) 437-6840
Facsimile: (650) 403-0909
Attorneys for Defendants
Aria Snrbeland, and
Martha Sarbeland
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
10
KHALIL MSALAM, JULNAR MSALAM, CASE NO. 19CIV02602
12 JIMILAH MSALAM, GHASSAN
MSALAM through her G.A.L. Jimilah
13 Msalam, JAMIE MSALAM through his REPLY RE: DEFENDANT ARIA
SARBELAND AND MARTHA
14
G.A.L. Jimilah Msalam, JONATHAN SARBELAND'S DEMURRER AND MOTION
MSALAM through his G.A.L. Jimilah TO STRIKE PORTIONS OF THE FIRST
15 Msalam, ANDREW MSALAM through his AMENDED COMPLAINT
G.A,L. Jimilah Msalam
16 Date: February 4, 2022
Plaintiffs, Time: 9:00 a.m.
17 Judge: Honorable Robert D. Foiles
Dept: 21
18
19 ARIA SARBELAND, FREDDIE A.
ARELLANO, JR. MARTHA
20 SARBELAND, individually and in his
ofIIcial capacity, and DOES 1-20
21
individually and in their oflicial capacities.
22
Defendants.
23
24
25
26
27
28 REPLY RE: DEFENDANT ARIA SARBELAND AND MARTHA SARBE LAND'S
Law Offices of DEMURRER AND MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED
Ara COMPLAINT
Jahagchourian,
p.c.
I. INTRODUCTION & ARGUMENT
Rather than file an opposition to Defendants Aria Sarbeland and Martha Sarbeland's
(collectively "Sarbeland" or "Defendants" ) demurrer and motion to strike, Plaintiffs Khaiil
Msalam, et al. (collectively "Plaintiffs*') waited until the opposition deadline to serve, not an
opposition to the motion, but rather a second amended complaint. This was done without leave
of court or without notice to Defendants, despite refusing to amend the first amended complaint
in the meet and confer process. No opposition was filed by Plaintiffs to contest the demurrer and
motion to strike before this Court.
In an effort to avoid a ruling on this motion, despite refusing to amend their first amended
10
complaint during the meet and confer process, Plaintiffs served a second amended complaint.
However, as of the time of this filing, the second amended complaint was not on the docket,
12
probably being properly rejected by the court clerk as Plaintiffs never obtained leave of court.
13
However, just a cursory glance at the proposed new complaint shows that it too suffers from the
14
identical issues raised in the moving papers. The effort by Plaintiffs to skirt around this motion
15
by seeking to file a substantively identical complaint without leave of court should be denied and
16
the demurrer and motion to strike be granted.
17
19 Dated: January 28, 2022 LAW OFFICES OF ARA JABAGCHOURIAN, P.C.
20
21
JABAGCHOURIAN
22 t torneys for Defendants
Aria Sarbeland and Martha Sarbeland
23
24
25
26
27
28 REPLY RE: DEFENDANT AR!A SARBELAND AND MARTHA SARBELAND'S
Law Offices of DEMURRER AND MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED
Ara COMPLAINT
Jabagchouriac,
p.c.
PROOF OF SERVICE
I am employed in the State of California, County of San Mateo; I am over the age of 18
years and not a party to the within cause. My business address is the Law Offices Ara
Jabagchourian, P.C. 1650 S. Amphlett Boulevard, Suite 216, San Mateo, California, 94402. On
this day, I served the following document(s) in the manner described below:
REPLY RE: DEFENDANT ARIA SARBELAND AND MARTHA SARBELAND'S
DEMURRER AND MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED
COMPLAINT
It VIA E-MAIL: I am readily familiar with this firm's practice for causing documents to be
served by email. Following that practice, I caused the aforementioned document(s) to be
delivered email to the addressee(s) specified below. My business email address is
10 ara@arai law.corn.
Vi a E-Mail ATTORNEY FOR PLAINTIFFS:
12
L.M. Parmenter KHALIL MSALAM, et ai.
13 PARMENTER LAW OFFICES
501 B Street, Suite 200
14 San Rafael, CA 94901
Tel: (415) 738-7901
15 Email: ImparmenterC@lawpar.corn
16
Via E-Mail ATTORNEY FOR PLAINTIFFS:
Manuel A. Juarez KHALIL MSALAM, et al.
17 Law Offices of Manuel A. Juarez
2143 Cedar Street, Suite 200
Berkeley, CA 94709
Tel: (510) 841-6164
19
Email: baylawl(4yahoo.corn
20 Via E-Mail ATTORNEYS FOR DEFENDANT:
Anthony E. Rodriguez Freddie A. Arellano, Jr.
21 Cynthia Anaya
AER LEGAL, APC
22 Mountain View, California
Teh (650) 963-9670
23
Email: anthonv(Raerlegal.corn
24 cynthia(4aerlegal.corn
25 I declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct. Executed at San Mateo, Cali~fgia, on January 28, 2022.
26
27
Ara Jabagchourian
g
28
Law Offices of
Ara PROOF OF SERVtCE
Jahagchourian,
p.c.
Preview
ARA JABAGCHOURIAN (SBN 205777) araSarai law.corn LAW OFFICES OF ARA JABAGCHOURIAN, P.C. 1650 S. Amphlett Boulevard, Suite 216 San Mateo, CA 94402 Telephone: (650) 437-6840 Facsimile: (650) 403-0909 Attorneys for Defendants Aria Snrbeland, and Martha Sarbeland SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 10 KHALIL MSALAM, JULNAR MSALAM, CASE NO. 19CIV02602 12 JIMILAH MSALAM, GHASSAN MSALAM through her G.A.L. Jimilah 13 Msalam, JAMIE MSALAM through his REPLY RE: DEFENDANT ARIA SARBELAND AND MARTHA 14 G.A.L. Jimilah Msalam, JONATHAN SARBELAND'S DEMURRER AND MOTION MSALAM through his G.A.L. Jimilah TO STRIKE PORTIONS OF THE FIRST 15 Msalam, ANDREW MSALAM through his AMENDED COMPLAINT G.A,L. Jimilah Msalam 16 Date: February 4, 2022 Plaintiffs, Time: 9:00 a.m. 17 Judge: Honorable Robert D. Foiles Dept: 21 18 19 ARIA SARBELAND, FREDDIE A. ARELLANO, JR. MARTHA 20 SARBELAND, individually and in his ofIIcial capacity, and DOES 1-20 21 individually and in their oflicial capacities. 22 Defendants. 23 24 25 26 27 28 REPLY RE: DEFENDANT ARIA SARBELAND AND MARTHA SARBE LAND'S Law Offices of DEMURRER AND MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED Ara COMPLAINT Jahagchourian, p.c. I. INTRODUCTION & ARGUMENT Rather than file an opposition to Defendants Aria Sarbeland and Martha Sarbeland's (collectively "Sarbeland" or "Defendants" ) demurrer and motion to strike, Plaintiffs Khaiil Msalam, et al. (collectively "Plaintiffs*') waited until the opposition deadline to serve, not an opposition to the motion, but rather a second amended complaint. This was done without leave of court or without notice to Defendants, despite refusing to amend the first amended complaint in the meet and confer process. No opposition was filed by Plaintiffs to contest the demurrer and motion to strike before this Court. In an effort to avoid a ruling on this motion, despite refusing to amend their first amended 10 complaint during the meet and confer process, Plaintiffs served a second amended complaint. However, as of the time of this filing, the second amended complaint was not on the docket, 12 probably being properly rejected by the court clerk as Plaintiffs never obtained leave of court. 13 However, just a cursory glance at the proposed new complaint shows that it too suffers from the 14 identical issues raised in the moving papers. The effort by Plaintiffs to skirt around this motion 15 by seeking to file a substantively identical complaint without leave of court should be denied and 16 the demurrer and motion to strike be granted. 17 19 Dated: January 28, 2022 LAW OFFICES OF ARA JABAGCHOURIAN, P.C. 20 21 JABAGCHOURIAN 22 t torneys for Defendants Aria Sarbeland and Martha Sarbeland 23 24 25 26 27 28 REPLY RE: DEFENDANT AR!A SARBELAND AND MARTHA SARBELAND'S Law Offices of DEMURRER AND MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED Ara COMPLAINT Jabagchouriac, p.c. PROOF OF SERVICE I am employed in the State of California, County of San Mateo; I am over the age of 18 years and not a party to the within cause. My business address is the Law Offices Ara Jabagchourian, P.C. 1650 S. Amphlett Boulevard, Suite 216, San Mateo, California, 94402. On this day, I served the following document(s) in the manner described below: REPLY RE: DEFENDANT ARIA SARBELAND AND MARTHA SARBELAND'S DEMURRER AND MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT It VIA E-MAIL: I am readily familiar with this firm's practice for causing documents to be served by email. Following that practice, I caused the aforementioned document(s) to be delivered email to the addressee(s) specified below. My business email address is 10 ara@arai law.corn. Vi a E-Mail ATTORNEY FOR PLAINTIFFS: 12 L.M. Parmenter KHALIL MSALAM, et ai. 13 PARMENTER LAW OFFICES 501 B Street, Suite 200 14 San Rafael, CA 94901 Tel: (415) 738-7901 15 Email: ImparmenterC@lawpar.corn 16 Via E-Mail ATTORNEY FOR PLAINTIFFS: Manuel A. Juarez KHALIL MSALAM, et al. 17 Law Offices of Manuel A. Juarez 2143 Cedar Street, Suite 200 Berkeley, CA 94709 Tel: (510) 841-6164 19 Email: baylawl(4yahoo.corn 20 Via E-Mail ATTORNEYS FOR DEFENDANT: Anthony E. Rodriguez Freddie A. Arellano, Jr. 21 Cynthia Anaya AER LEGAL, APC 22 Mountain View, California Teh (650) 963-9670 23 Email: anthonv(Raerlegal.corn 24 cynthia(4aerlegal.corn 25 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed at San Mateo, Cali~fgia, on January 28, 2022. 26 27 Ara Jabagchourian g 28 Law Offices of Ara PROOF OF SERVtCE Jahagchourian, p.c.