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Thomas R. Bradford, Esq., Bar No.2 110230
Sherry Gregorio, Esq., Bar No.: 263856
Alexa L. Halloran, Esq., BarNo.: 315470
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PETERSON BRADFORD BURKWITz
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l 100 North First Street, Suite 300 SAN BERNARDWCfif‘éfi’gO
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Burbank, California 91502
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818.562.5800 DEC 0 7 2020
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Attorneys for Defendant
r.‘
(O(DNODU'IAOON-A
BY
( RINGO BANGALAN, D.D.S.
FAEL HERNANDEZ,
DEPUTY
é SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Ali Odeh Case No.: CIVDS1823772
Assigned to the Honorable: Wilfred J. Schneider, Jr
Plaintiff, [Dept S32]
BURKWITZ
vs. DEFENDANT, RINGO BANGALAN, D.D.S.’,
300
Suite
91502
OPPOSITION TO PLAINTIFF, ALI ODEH’S,
- Lyngadlen Fernandez; DDS; Suarez—Fernandez MOTION T0 STAY PENDING APPEALS COURT
Dentistry and Ringo Bangalan, DDS DECISION; MEMORANDUM OF POINTS AND
Street,
BRADFORD
California
818.562.5800 AUTHORITIES; DECLARATION OF ALEXA L.
First Defendants. HALLORAN, ESQ.
-
Burbank,
Nonh
Date: December 18, 2020
PETERSON 100 Time: 9:00 a.m.
NNNNNNNNN-x-x-x-x-x-x-x-x-x-x
Dept: S32
mNthWNAOQWVQUT$wNAO
Complaint Filed: September 11, 2018
Defendant, Ringo Bangalan, D.D.S., hereby submits his Opposition to Plaintiff, Ali Odeh‘s, Motion to
Stay the proceedings pending an appeals court decision regarding the Court’s decision on
October 22, 2020.
MEMORANDUM 0F POINTS AND AUTHORITIES
|. INTRODUCTION
Plaintiff, Ali Odeh’s, Motion seeking a stay of the civil lawsuit pending an appeal regarding the Court’s
order relating to a discovery motion issued on October 22, 2020 is completely moot. Mr. Odeh has filed an
appeal regarding the denial of his Motion to Vacate this Court's order deeming admitted Defendant, Ringo
Bangalan, D.D.S.’, Requests for Admission, Set One. However, following the
submission of this appeal, the
1
DEFENDANT, RINGO BANGALAN, D.D.S.’, OPPOSITION T0 PLAINTIFF, ALI ODEH’S, MOTION
TO STAY PENDING
APPEALS COURT DECISION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION
OF ALEXA L.
HALLORAN, ESQ.
n:\files\2214-odeh (tdic)\pleadings\opp mtn to stay\p»opposition
to motion to stay.docx
Court granted Dr. Bangalan’s Motion for Summary Judgment and will ultimately enterjudgment in favor of Dr.
Bangalan, dismissing him from this lawsuit. Mr. Odeh’s Motion to Stay is regarding a discovery order and does
not mention the motion for summary judgment order. Because of this, the Court has no basis to stay the civil
lawsuit pending the appeal regarding
9m the October 22, 2020 order.
Furthermore, Mr. Odeh’s purported motion is highly unintelligible. This Court should outright
(DmNODCHhOONA
deny Mr.
Odeh’s motion as it is procedurally deficient and fails to provide any factual support or any citation to law. Mr.
Odeh’s motion addresses the need for a stay in only three sentences when he broadly concludes he will suffer
“great hardship, financially, mentally,
physically, and emotionally. fl Plaintiff‘s Motion to Stay, 2:25-27.
There is no factual support, legal support, declaration, or exhibits to support this conclusion. Mr. Odeh’s motion
is clearly an incomplete motion and should be denied for that reason alone.
Based on the foregoing reasons, fully discussed infra, Dr. Bangalan respectfully requests that this
Coun deny Mr. Odeh's purported motion to stay the civil proceedings pending the outcome of the appeal for
BURKWITZ
300 the October 22, 2020 discovery order.
91502
Suite
-
||. PROCEDURAL POSTURE
Street,
California
BRADFORD 818.562.5800
On June 26, 2019, Dr. Bangalan propounded to Mr. Odeh Request for Admissions, Set One, seeking
First
-
admissions of various facts and requesting admission of the genuineness of certain documents.
North Burbank,
Per California
PETERSON 100
Code of Civil Procedure, the responses were due July 31, 2019. fl Declaration of Alexa L. Halloran, Esq.
NNNNNNNNNAQQ—A—xgg-x-x-x
(“Halloran Decl.”), 11 2. On July 23, 2019, Mr. Odeh’s former counsel, Ms. Vasu Vijayraghavan, Esq., sent an
mNmmAWN‘OLOmVOUCn#wN—‘O
email to Dr. Bangalan‘s counsel stating that Mr. Odeh would not be responding to the Request forAdmissions,
Set One, because one of the exhibits attached, a consent form, was allegedly forged.
E Halloran Decl., 1]
3. Despite various attempts to meet and confer with Mr. Odeh's counsel, on August
9, 2019, Dr. Bangalan
filed a Motion for Deemed Admissions Due to the lack of response to the Request for Admissions, Set One.
E Halloran Decl., 11 4. On September 19, 2019, this Court granted Dr. Bangalan‘s motion and deemed
admitted matters
all in the Request for Admissions, Set One.
gfi Halloran Decl., 1] 5.
Over one—year after this Court ordered the Request for Admission, Set One, deemed admitted, and
after Dr. Bangalan had filed his Motion for Summary Judgment, Mr. Odeh claimed that he has been na'I've to
his former counsel’s actions for the past year and filed a Motion to Vacate the
September 19, 2019 order. S_eg
2
DEFENDANT, RINGO BANGALAN, D.D.S.’, OPPOSITION T0 PLAINTIFF, ALI ODEH’S,
MOTION TO STAY PENDING
APPEALS COURT DECISION; MEMORANDUM 0F POINTS AND AUTHORITIES; DECLARATION
0F ALEXA L.
HALLORAN, ESQ.
n:\files\2214-odeh (tdic)\pleadings\opp mtn to slay\p-opposition
to motion to stay.docx
Preview
v . (iiikféégim ../,:._, ._ v Thomas R. Bradford, Esq., Bar No.2 110230 Sherry Gregorio, Esq., Bar No.: 263856 Alexa L. Halloran, Esq., BarNo.: 315470 S F LE l D PETERSON BRADFORD BURKWITz - - ggEURggYRgggg; gF cmroanm l 100 North First Street, Suite 300 SAN BERNARDWCfif‘éfi’gO )LL: ax Burbank, California 91502 < ‘ 818.562.5800 DEC 0 7 2020 M“ Attorneys for Defendant r.‘ (O(DNODU'IAOON-A BY ( RINGO BANGALAN, D.D.S. FAEL HERNANDEZ, DEPUTY é SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO Ali Odeh Case No.: CIVDS1823772 Assigned to the Honorable: Wilfred J. Schneider, Jr Plaintiff, [Dept S32] BURKWITZ vs. DEFENDANT, RINGO BANGALAN, D.D.S.’, 300 Suite 91502 OPPOSITION TO PLAINTIFF, ALI ODEH’S, - Lyngadlen Fernandez; DDS; Suarez—Fernandez MOTION T0 STAY PENDING APPEALS COURT Dentistry and Ringo Bangalan, DDS DECISION; MEMORANDUM OF POINTS AND Street, BRADFORD California 818.562.5800 AUTHORITIES; DECLARATION OF ALEXA L. First Defendants. HALLORAN, ESQ. - Burbank, Nonh Date: December 18, 2020 PETERSON 100 Time: 9:00 a.m. NNNNNNNNN-x-x-x-x-x-x-x-x-x-x Dept: S32 mNthWNAOQWVQUT$wNAO Complaint Filed: September 11, 2018 Defendant, Ringo Bangalan, D.D.S., hereby submits his Opposition to Plaintiff, Ali Odeh‘s, Motion to Stay the proceedings pending an appeals court decision regarding the Court’s decision on October 22, 2020. MEMORANDUM 0F POINTS AND AUTHORITIES |. INTRODUCTION Plaintiff, Ali Odeh’s, Motion seeking a stay of the civil lawsuit pending an appeal regarding the Court’s order relating to a discovery motion issued on October 22, 2020 is completely moot. Mr. Odeh has filed an appeal regarding the denial of his Motion to Vacate this Court's order deeming admitted Defendant, Ringo Bangalan, D.D.S.’, Requests for Admission, Set One. However, following the submission of this appeal, the 1 DEFENDANT, RINGO BANGALAN, D.D.S.’, OPPOSITION T0 PLAINTIFF, ALI ODEH’S, MOTION TO STAY PENDING APPEALS COURT DECISION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ALEXA L. HALLORAN, ESQ. n:\files\2214-odeh (tdic)\pleadings\opp mtn to stay\p»opposition to motion to stay.docx Court granted Dr. Bangalan’s Motion for Summary Judgment and will ultimately enterjudgment in favor of Dr. Bangalan, dismissing him from this lawsuit. Mr. Odeh’s Motion to Stay is regarding a discovery order and does not mention the motion for summary judgment order. Because of this, the Court has no basis to stay the civil lawsuit pending the appeal regarding 9m the October 22, 2020 order. Furthermore, Mr. Odeh’s purported motion is highly unintelligible. This Court should outright (DmNODCHhOONA deny Mr. Odeh’s motion as it is procedurally deficient and fails to provide any factual support or any citation to law. Mr. Odeh’s motion addresses the need for a stay in only three sentences when he broadly concludes he will suffer “great hardship, financially, mentally, physically, and emotionally. fl Plaintiff‘s Motion to Stay, 2:25-27. There is no factual support, legal support, declaration, or exhibits to support this conclusion. Mr. Odeh’s motion is clearly an incomplete motion and should be denied for that reason alone. Based on the foregoing reasons, fully discussed infra, Dr. Bangalan respectfully requests that this Coun deny Mr. Odeh's purported motion to stay the civil proceedings pending the outcome of the appeal for BURKWITZ 300 the October 22, 2020 discovery order. 91502 Suite - ||. PROCEDURAL POSTURE Street, California BRADFORD 818.562.5800 On June 26, 2019, Dr. Bangalan propounded to Mr. Odeh Request for Admissions, Set One, seeking First - admissions of various facts and requesting admission of the genuineness of certain documents. North Burbank, Per California PETERSON 100 Code of Civil Procedure, the responses were due July 31, 2019. fl Declaration of Alexa L. Halloran, Esq. NNNNNNNNNAQQ—A—xgg-x-x-x (“Halloran Decl.”), 11 2. On July 23, 2019, Mr. Odeh’s former counsel, Ms. Vasu Vijayraghavan, Esq., sent an mNmmAWN‘OLOmVOUCn#wN—‘O email to Dr. Bangalan‘s counsel stating that Mr. Odeh would not be responding to the Request forAdmissions, Set One, because one of the exhibits attached, a consent form, was allegedly forged. E Halloran Decl., 1] 3. Despite various attempts to meet and confer with Mr. Odeh's counsel, on August 9, 2019, Dr. Bangalan filed a Motion for Deemed Admissions Due to the lack of response to the Request for Admissions, Set One. E Halloran Decl., 11 4. On September 19, 2019, this Court granted Dr. Bangalan‘s motion and deemed admitted matters all in the Request for Admissions, Set One. gfi Halloran Decl., 1] 5. Over one—year after this Court ordered the Request for Admission, Set One, deemed admitted, and after Dr. Bangalan had filed his Motion for Summary Judgment, Mr. Odeh claimed that he has been na'I've to his former counsel’s actions for the past year and filed a Motion to Vacate the September 19, 2019 order. S_eg 2 DEFENDANT, RINGO BANGALAN, D.D.S.’, OPPOSITION T0 PLAINTIFF, ALI ODEH’S, MOTION TO STAY PENDING APPEALS COURT DECISION; MEMORANDUM 0F POINTS AND AUTHORITIES; DECLARATION 0F ALEXA L. HALLORAN, ESQ. n:\files\2214-odeh (tdic)\pleadings\opp mtn to slay\p-opposition to motion to stay.docx