Hearing: ODEH -V- FERNANDEZ Print

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        1   Vasu Vijayraghavan                                                                                        r
            SBN      310372                                                                                  8
        2   1968 S      Coast   Highway     169
            Laguna Beach CA 92651
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            619 517 4563

        4   vvijay081@gmail com                                                                                      3y


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        8
                                                  Superior Court of the State of California

        g                                            For the County of San Bernardino

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    12      Ali Odeh
                                                                      Case No CIVDS 1823772

    13                          Plaintiff


    14               vs
                                                                     PLAINTIFF S OPPOSITION TO DEFENDANTS

            Lyngadlen Fernandez DDS Suarez Fernandez                 MOTION TO VACATE
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    16      Dentistry     Ringo Bangalan DDS                         Hearing date May 2 2019
                                                                     Time 8 30 am
                                                                     Dept S32
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                                                                     Honorable Wilfred J      Schneider Jr

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            AND NOW COMES Plaintiff Ali Odeh by and through his attorney and states the following in
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            support of his motion to oppose Defendant s motion to vacate default
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                                                               Introduction
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    25          Plaintiff filed the present complaint on September 11 2018 The subject matter of the pleading

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            concerned dental malpractice committed by Defendant Fernandez on March 2018 Plaintiff a patient
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            at Defendant Suarez Fernandez went in on a complaint for dental pain He was assured by Defendant
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                                                                      1
                                                   OPPOSITION TO MOTION TO VACATE
    1   Fernandez that she and she alone would take care of Plaintiff when he came in for his fillings When


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        Plaintiff went in he found an unknown individual taking the place of Ms Fernandez Since it was a
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        routine cavity procedure he was not too concerned However after successive administrations of
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        anesthesia he woke up with the necessity of having implants with two front teeth extracted
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        That individual later turned out to be Defendant Bangalan The subject matter of the present
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        opposition is not to discuss the merits of the present case but to oppose the motion to vacate the


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        request for default against Dr Bangalan that Plaintiff recorded on February 24 2019 after successive

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        atteinpts to serve Defendant Bangalan without response Dr Bangalan fully aware that he was the
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        object   of a lawsuit finally   woke     up   on or around March S 2019 and retained counsel Plaintiff
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        thus requests the court to maintain his legitimate request for default since notwithstanding the

13      assertions of Defendant Bangalan the latter had rnore than enough opportunity to answer with a

14      responsive pleading and did not do so infull awareness of the present lawsuit Further there is more

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        than enough evidence that Dr       Bangalan       was   actively   ducking service    The court should

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        accordingly reject Defendant s motion to vacate default
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                                                       Factual circumstances
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            Defendant      complains    in his   motion   to vacate that Plaintiff s service was      improper     because

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        according to him he only became aware of the lawsuit on March 5 2019 However this assertio
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        is belied   by   the   declaration of Defendant Fernandez          where she states   in her declaration    After
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        received the complaint I told Dr Bangalan that Mr Odeh the patient he treated had named me in
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2 6     complaint



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                                               OPPOSITION TO MOTION TO VACATE