Preview
FILED
Nicholas Zaragoza DALLAS COUNTY
11/8/2018 4:16 PM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO. DC-18-00241
BEHROOZ KHADEMAZAD d/b/a, § IN THE DISTRICT COURT
GRAND PRAIRIE FAMILY DENTAL §
§
Plaintiff, §
§ 101st JUDICIAL DISTRICT
v. §
§
SEAN GHARAVI, §
§
Defendant. § DALLAS COUNTY, TEXAS
______________________________________________________________________________
RESPONSE TO MOTION TO DISMISS
______________________________________________________________________________
TO THE HONORABLE COURT:
Plaintiff Behrooz Khademazad d/b/a Grand Prairie Family Dental (“Dr. Khademazad”)
file this his Response to Motion to Dismiss (“Response”) in connection with the Special
Appearance filed against Defendant Sean Gharavi and respectfully shows as follows:
I. Introduction
1. This case arises from defamatory remarks made by Defendant in a Yelp Review
complaining that if Dr. Khademazad cannot pay a judgment that was entered against him and in
favor of Defendant arising out of a commercial dispute then he cannot be trusted with the
reader’s health.
2. Defendant urges this Court to dismiss this matter under the Texas Citizens
Participation Act (“TCPA”) and in support argues that his Yelp Review represents a right of free
speech and that the post was a matter of public concern which includes health or safety. Tex.
Prac. & Rem. Code §27.001(7). He claims his Yelp Review does not require more than a
“tangential relationship” to health or safety by citing ExxonMobil Pipelin Co. v. Coleman, 512
S.W.3d 895, 900 (Tex. 2017). Yet, the fact of the matter is that there is absolutely no tangential
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basis between collecting on a judgment and Dr. Khademazad’s qualifications to practice
dentistry in Grand Prairie.
3. As a result having posted this defamatory Yelp Review, Plaintiff was damaged
and is suing Defendant for Statutory Libel, Libel Per Se, Libel, Negligence and Business
Disparagement.
II. Facts
4. Defendant is a professional who specializes in online marketing. Dr.
Khademazad had retained Defendant’s company, Aidris, for on line marketing services in May
2012.
5. On December 15, 2015, an Arbitration Decision was entered in favor of Aidris
and against Dr. Khademazad, styled Aidris, a California Corporation v. Behrooz Khademazad,
an individual, dba Grand Prairie Family Dental and Dentalcare Concepts, Inc. a Texas
Corporation. On July 6, 2016, the Arbitration Decision was recorded as a judgment in the
County Court at Law No. 1, Tarrant County, Texas, styled Aidris, a California Corporation v.
Behrooz Khademazad, an individual, dba Grand Prairie Family Dental and Dentalcare
Concepts, Inc. a Texas Corporation, Cause No 2017-002443-1 for $89,850.20 with post
judgment interest accruing at 5% compounded per annum from the date of judgment. The
judgment was based on a commercial dispute rising out of online marketing services allegedly
performed by Aidris as Dr. Khademazad had issues with the effectiveness and lack thereof of the
online marketing services and the existence of a contractual relationship.
6. On February 9, 2017, Defendant, as an individual, posted the Yelp Review
stating:
This is a review for the Grand Prairie Family Dental and Dr. Khademazad. Dr.
Khademazad is not to be trusted. Grand Prairie Family Dental and Dr.
Khademazad refused to pay money owed since 10/20/2010. Even after winning a
major court judgment in 06/16, we still haven [sp] not received a penny of what is
RESPONSE TO MOTION TO DISMISS Page 2
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owed. Grand Prairie Family Dental and Dr. Khademazad can’t even be trusted
with a court order !! Why would you trust him with your health?!
Yelp Review – 2/9/2017. A copy of the Yelp Review is attached to Dr. Khademazad’s Affidavit
as Exhibit 1-A and is incorporated herein by reference for all purpose.
7. Dr. Khademazad has resided in Dallas County for over thirty (30) years. He has
practiced his profession as a dentist in Dallas County for over thirty (30) years. Prior to the Yelp
Review, Dr. Khademazad enjoyed an excellent reputation as a competent dentist with a thriving
dental practice. In fact, a copy of some of the testimonials relating to Dr. Khademazad’s
professionalism and ability to practice dentistry which exemplifies his excellent reputation is
attached to his affidavit as Exhibit 1-B and is incorporated herein by reference for all purpose.
8. Being an online marketing professional and specialist and having performed
services for Dr. Khademazad, Defendant knew that by posting the Yelp Review, he was targeting
Plaintiff’s patients and potential patients in a localized geographic region in Texas and more
specifically and presumably, the Grand Prairie metro area. After all, no one other than people in
the Grand Prairie metro area would know or have reason to research Dr. Khademazad and his
dentistry practice. Certainly no one residing or working in California.
9. Defendant intended to harm Dr. Khademazad by posting the Yelp Review
intended for people in the localized area in which Dr. Khademazad had his dentistry practice to
view him as an untrustworthy and incompetent dentist because he had not paid a judgment.
III. Argument
A. The Purpose of the Texas Citizens Protection Act.
10. The Texas Legislature enacted the TCPA "to encourage and safeguard the
constitutional rights of persons to petition, speak freely, associate freely, and otherwise
participate in government to the maximum extent permitted by law and, at the same time, protect
the rights of a person to file meritorious lawsuits for demonstrable injury." See Jennings v.
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WallBuilder Presentations, Inc., 378 S.W.3d 519, 521 n.1 (Tex. App.—Fort Worth 2012, pet.
denied) See Tex. Civ. Prac. & Rem. Code Ann. § 27.002.
11. Under the TCPA, "a court shall dismiss a legal action against the moving party if
the moving party shows by a preponderance of the evidence that the legal action is based on,
relates to, or is in response to the party's exercise of: (1) the right of free speech; (2) the right to
petition; or (3) the right of association." Tex. Civ. Prac. & Rem. Code Ann. § 27.005(b).
"Exercise of the right of free speech" means "a communication made in connection with a matter
of public concern." Id. § 27.001(3). "Matter of public concern" includes an issue related to (1)
"health or safety"; (2) "environmental, economic, or community well-being"; (3) "the
government"; (4) "a public official or public figure"; or (5) "a good, product, or service in the
marketplace." Id. § 27.001(7).
12. So, Defendant must first show by a preponderance of the evidence that Dr.
Khademazad’s claim is based on, relates to, or is in response to the Defendant’s exercise of: (1)
the right of free speech; (2) the right to petition; or (3) the right of association. Tex. Civ. Prac. &
Rem. Code Ann. § 27.005(b). There simply is no basis for showing that the collection of a
judgment arising from a commercial transaction has any tangential basis to the defamatory
remarks in the Yelp Review regarding Dr. Khademazad’s ability to practice dentistry.
B. Defendant’s Defamatory Yelp Review Is Not Protected by the TCPA in that Defendant
Fails to prove by a Preponderance of the Evidence That This Cause of Action Relates to
His Right to Free Speech under Tex. Civ. Prac & Rem. Code §27.005(b).
13. Defendant wholly fails to carry his initial burden under Section 27.005(b) of the
Texas Civil Practice & Remedies Code.
14. Defendant relies on ExxonMobil Pipelin Co. v. Coleman, supra, for the
proposition that all he needs is for the Yelp Review to have some “tangential relationship” to the
to the health or safety of the public. As previously stated, there is no such relationship. In
ExxonMobil, Plaintiff alleged that he was defamed by his supervisors who accused him of failing
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to gauge a fluid tank when he allegedly did gauge the fluid tank. The effect of failing to gauge
the fluid tank would have an effect on public safety in terms of the environment and safety.
15. Such is not the case here. In fact, it’s more akin to Miller Weisbrod, L.L.P. v.
Llamas-Soforo, 511 S.W.3d 181, (Tex. App.—El Paso Nov. 25, 2014, no pet.). There, an
ophthalmologist, filed suit against a law firm and two of the firm's individual attorneys
contending that defendants’ television commercials defamed him by encouraging former patients
to contact the law firm if they went blind after being treated by the ophthalmologist. Id. at 183.
The defendants filed a Motion to Dismiss pursuant to the TCPA. Following that hearing, the
trial court denied the motion, ruling that defendants were not entitled to protection under the
TCPA because the exemption set out in section 27.010(b) applied.1 Id.
16. The Court of Appeals affirmed. It concluded (1) "each case must be evaluated on
its individual merits"; (2) the television commercial in question was created, not as a "matter of
public concern," but primarily to attract clients allegedly injured by [the ophthalmologist]; (3)
the attorneys' speech "arose from the sale of their legal services to potential customers"; and (4)
the trial court did not err in finding the advertisements were commercial speech and, thus,
exempt from the protection of the TCPA pursuant to section 27.010(b). Id at 186.
17. Clearly, complaining about not being able to collect on a judgment arising from a
commercial transaction has nothing to do with Defendant’s concern about the public and health
and safety.
18. Another case closely akin to the case at bar is Pickens v. Cordia, 433 S.W.3d 179
(Tex. App.—Dallas 2014, no pet.). There, Pickens published a blog regarding his mental health
treatment as well as parental abuse issues. His relatives sued him for, among other things,
defamation and invasion of privacy. Pickens moved to dismiss arguing his blog related to health
1
“This chapter does not apply to a legal action brought against a person primarily engaged in the business of selling or leasing
goods or services, if the statement or conduct arises out of the sale or lease of goods, services or … or a commercial transaction
in which the intended audience is an actual or potential buyer or customer.” TEX. CIV. PRAC. & REM. CODE §27.010(b)
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and safety. Id. at 184. Though the court recognized that the blog touched on matters of public
concern, it was “more akin to a personal diary of his journey from drug addiction to recovery in
which he drew upon his perceived family experiences . . . . Its primary focus is Michael." Id. As
such, the type of private life statements recounted on the blog did not "implicate the broader
health and safety concerns or community well-being concerns contemplated by chapter 27." Id.
19. The Court in Pickens examined Miranda v. Byles, 390 S.W.3d 543 (Tex. App.—
Houston [1st Dist.] 2012, pet. denied). by noting that Miranda dealt with private facts and public
issues. In Miranda a step grandfather sued for defamation arising out of statements that he
sexually assaulted his step-granddaughter. Id at 548. There, the Court of Appeals noted that an
issue is not a public issue simply because it is a controversy of interest to the public. Id. at 554.
A matter can be a public issue because people in the public are discussing it or because people
other than the immediate participants in the controversy are likely to feel the impact of its
resolution. Id. The Court of Appeal ruled that the trial court did not err in determining the alleged
sexual assault was a private issue. It noted that there was no evidence in the record that the
matter was being discussed by anyone other than officials in charge of the investigation and the
family. Id. Nor was there any evidence anyone other than the family was likely to feel the impact
of the resolution. Id.
20. Relying on Miranda, the Court in Pickens held Pickens' blog entries describing
personal drug addiction and abuse did not implicate a matter of public concern to satisfy his
initial burden under section 27.005(b) that his family's lawsuit was in response to his right to free
speech. Id. at 185.
21. For the same reasons, the Yelp Review does not implicate a matter of public
concern for Defendant to satisfy his initial burden under section 27.005(b). It was poorly
misguided attempt to collect on a judgment arising out of a commercial transaction.
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C. Defendant’s Defamatory Yelp Review Is Not Protected by TCPA because Dr.
Khademazad can Establish by Clear and Specific Evidence a Prima Facie Case for Each
Essential Element of His Claims of Statutory Libel, Libel Per se, Libel, Business
Disparagement and Negligence Against Defendant Under Civ. Prac. & Rem. Code
§27.005(c).
22. Defamation involves the publication of a false statement of fact about the Dr.
Khademazad. To succeed on a defamation claim, Dr. Khademazad must demonstrate that (1) the
Defendant published a factual statement (2) that was capable of defamatory meaning (3)
concerning Dr. Khademazad (4) while acting with either negligence, if Dr. Khademazad is a
private individual, or actual malice, if Dr. Khademazad is a public figure or public official,
concerning the truth of the statement. Vice v. Kasprzak, 318 S.W.3d 1, 12 (Tex. App.—Houston
[1st Dist.] 2009, pet. denied) (citing WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.
1998)). Dr. Khademazad is a private individual. "[A] private individual may recover damages
from a publisher or broadcaster of a defamatory falsehood as compensation for actual injury
upon a showing that the publisher or broadcaster knew or should have known that the
defamatory statement was false." Foster v. Laredo Newspapers, Inc., 541 S.W.2d 809, 811, 819
(Tex. 1976); A.H. Belo Corp. v. Rayzor, 644 S.W.2d 71, 80, 82-83 (Tex. App.—Fort Worth
1982, writ ref'd n.r.e.). In this case, Defendant is the publisher.
23. According to Section 73.001 of the Texas Civil Practice & Remedies Code, the
elements of statutory libel are:
A libel is a defamation expressed in written or other graphic form that tends to
blacken the memory of the dead or that tends to injure a living person’s reputation
and thereby expose the person to public hatred, contempt or ridicule, or financial
injury or to impeach any person’s honesty, integrity, virtue, or reputations or to
publish the natural defects of anyone and thereby expose the person to public
hatred, ridicule, or financial injury.
Tex. Civ. Prac. & Rem. Code §73.01. Defendant published the Yelp Review with the intent of
harming Dr. Khademazad’s dentistry practice in terms of patients, patient referral sources and
prospective patients trusting him with their health. Thus, the Yelp Review adversely affected
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Khademazad’s ability to practice dentistry in North Texas. As a direct and proximate result of
the Yelp Review, Dr. Khademazad has endured shame, embarrassment, humiliation, and mental
pain and anguish. Additionally, Dr. Khademazad has and will in the future be seriously injured
in his business reputation, good name, and standing in the community, and will be exposed to the
hatred, contempt, and ridicule of the public in general as well as his business associates, clients,
friends, and relatives. He therefore has sustained both general and special damages.
24. Libel per se is statutory libel when there is injury to Dr. Khademazad’s
occupation or profession. In this regard, under common-law principles general damages need
not be proven because the law presumes general damages. Guisti v. Galveston Tribune, 105 Tex.
497, 150 S.W. 874, 875 (Tex. 1912); see Bentley v. Bunton, 94 S.W.3d 561, 604 (Tex. 2002)
(defamation per se entitles victim to recover “general damages, including damages for loss of
reputation and mental anguish”); Miranda v. Byles, 390 S.W.3d 543, 555–556 (Tex. App.—
Houston [1st Dist.] 2012, pet. denied); Cullum v. White, 399 S.W.3d 173, 183–184 (Tex. App.—
San Antonio 2011, pet. denied); Main v. Royall, 348 S.W.3d 381, 390 (Tex. App.—Dallas 2011,
no pet.). The mere fact that Defendant attacked Dr. Khademazad’s ability to practice dentistry
by virtue of his ability to pay a judgment is defamation per se. As previously stated, there simply
is no tangential relationship between Dr. Khademazad’s ability to practice dentistry and his
failure to pay a judgment.
25. From a negligence standpoint, Defendant was negligent when posting the
defamatory statements regarding Dr. Khademazad’s ability to practice dentistry in North Texas.
He was negligent when he failed to use ordinary care in ascertaining the truth as to whether Dr.
Khademazad could be trusted with his patients’ health merely because he could not pay a
judgment arising from a commercial transaction. As a direct and proximate result of
Defendant’s negligence in posting the Yelp Review, Dr. Khademazad sustained general and
special damages.
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26. For the same reasons as set forth above, Defendant falsely disparaged Dr.
Khademazad’s ability to practice dentistry and as a direct and proximate result of the Yelp
Review and Defendant’s disparagement of Dr. Khademazad’s dentist practice, Dr. Khademazad
sustained both general and special damage.
27. Attached to this Response is the Affidavit of Behrooz Khademazad establishing
that he can claim by clear and specific evidence a Prima Facie Case for Each Essential Element
of His Claim.
D. Attorneys’ Fees and Costs
28. Under Section 27.009 of the Texas Civil Practice & Remedies Code, “[i]f this
court finds that the Motion to Dismiss filed … is frivolous or solely intended to delay, the court
may award court costs and reasonable attorneys fees to [Dr. Khademazad].” TEX. PRAC. &
REM. CODE §27.09(b).
29. There simply is no tangential relationship between Dr. Khademazad’s ability to
practice dentistry and his inability or refusal to pay the judgment entered in favor of Defendant
arising out of a commercial dispute.
IV. Conclusion.
30. For the reasons stated above, the Motion to Dismiss should be denied. There
simply is no tangential relationship between the Yelp Review and Dr. Khademazad’s ability and
qualifications to practice dentistry in North Texas, in terms of patients, patient referral sources
and prospective patients trusting him with their health. The act of publishing the Yelp Review
was, constituted Statutory Libel, Libel Per Se, Libel, Negligence and Business Disparagement
and was, in fact, downright mean and malicious. For the reasons stated above, the Motion to
Dismiss was a frivolous procedural device to further delay these proceedings for which Dr.
Khademazad is entitled to attorneys’ fees and costs.
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31. Dr. Khademazad further requests such other and further relief to which he is justly
entitled.
Respectfully submitted,
By: /s/ William L. Siegel
WILLIAM L. SIEGEL
Texas Bar No. 18342480
COWLES & THOMPSON, P.C.
901 Main Street, Suite 3900
Dallas, TX 75202
(214) 672-2000 (Tel)
(214) 672-2326 (Fax)
E-mail: bsiegel@cowlesthompson.com
ATTORNEYS FOR PLAINTIFF BEHROOZ
KHADEMAZAD D/B/A GRAND PRAIRIE
FAMILY DENTAL
CERTIFICATE OF SERVICE
This is to certify that on November 8, 2018, a true and correct copy of the above and
foregoing document was served on Defendants, by and through their attorney of record, Timothy
E. Baker, 1205 S. Greenville Avenue, Allen, Texas 75002 via electronic filing and certified mail
return receipt requested.
/s/William L. Siegel
WILLIAM L. SIEGEL
RESPONSE TO MOTION TO DISMISS Page 10
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EXHIBIT 1
CAUSE NO. DC-18-00241
BEHROOZ KHADEMAZAD d/b/a, § IN THE DISTRICT COURT
GRAND PRAIRIE FAMILY DENTAL §
§
Plaintiff, §
§ 101st JUDICIAL DISTRICT
v. §
§
SEAN GHARAVI, §
§
Defendant. § DALLAS COUNTY, TEXAS
AFFIDAVIT OF BEHROOZ KHADEMAZAD
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned notary on this day, personally appeared Christine Silva,
an authorized representative of Behrooz Khademazad who upon her oath being duly sworn,
deposed and stated:
1. "My name is Behrooz Khademazad (“Plaintiff”), the Plaintiff in the above styled
and numbered lawsuit. I am over the age of 21 years, and am competent and authorized in all
respects to make this affidavit. The statements contained herein are all true and correct, and,
except as stated, made upon personal knowledge. Such personal knowledge is based upon
affiant being the custodian of Plaintiff's files concerning Defendant Sean Gharavi (“Defendant").
2. I am a dentist who practices dentistry in Grand Prairie, Dallas, County, Texas.
Defendant represented to me that he was online marketing professional and specialist, who
claimed that he and his company, Aidris, Inc., performed online marketing and professional
services for me in connection with my dentistry practice
3. I am suing Defendant for Statutory Libel, Libel Per Se, Libel, Business
Disparagement and Negligence action stemming from a Yelp post Defendant posted in
connection with attempts he made to collect an arbitration judgment entered in favor of his
company Aidris, Inc., in California, a company solely owned by Defendant. Specifically, after
Aidris obtained the arbitration award against me, Defendant, individually, stated in his Yelp
review (the “Yelp Review”):
AFFIDAVIT OF BEHROOZ KHADEMAZAD, Page 1 11
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This is a review for the Grand Prairie Family Dental and Dr. Khademazad. Dr.
Khademazad is not to be trusted. Grand Prairie Family Dental and Dr.
Khademazad refused to pay money owed since 10/20/2010. Even after winning a
major court judgment in 06/16, we still haven [sp] not received a penny of what is
owed. Grand Prairie Family Dental and Dr. Khademazad can’t even be trusted
with a court order !! Why would you trust him with your health?!
Yelp Review – 2/9/2017. A copy of the Yelp Review is attached to this Affidavit as Exhibit 1-A
and is incorporated herein by reference for all purpose.
4. Yelp is an American multinational corporation headquartered in San Francisco,
California. It develops, hosts and markets Yelp.com and the Yelp mobile app, which publishes
crowd-sourced reviews about local businesses, as well as the online reservation service Yelp
Reservations. https://en.wikipedia.org/wiki/Yelp
5. This Yelp Review constitutes statutory libel, libel per se, libel, negligence and
disparagement of me by virtue of attacking my competency as a dentist because of my refusal to
pay a judgment entered against me and in favor of Aidris, Inc.
6. I have resided in Dallas County for over thirty (30) years – since July 1987. I
have practiced my profession as a dentist in Dallas County for over thirty (30) years – since
August 29, 1988. My dentistry practice is basically a localized practice. In this respect, my
practice is located in Grand Prairie, Texas. More than 95% of my patients either reside and/or
work in or near Grand Prairie, Texas. Most of my referrals are based on the fact that I practice in
Grand Prairie Texas and my reputation and social standing as an individual and know-how of
dentistry. Prior to the Yelp Review, I enjoyed an excellent reputation as a competent dentist with
a thriving dental practice in Grand Prairie, Texas.
7. Defendant, represented to me that he was an online marketing professional expert
and specialist and based on his representations, I retained him, by and through his company,
Demandadvisor (Aidris, Inc.) to perform online marketing services for the purpose of generating
an increase in the number of patients seeking my dentistry services. As part of the professional
online services Defendant agreed to perform, he became familiar with the nature and geographic
reach of my dentistry practice. Thus, he knew that by posting the Yelp review, he (a) would be
intentionally and knowingly damaging me as a dentist in a localized geographic region, i.e.
AFFIDAVIT OF BEHROOZ KHADEMAZAD, Page 2 12
1564042.1
Grand Prairie, Texas and the surrounding area; (b) would knowingly and intentionally be raising
issues about my integrity and trustworthiness as an individual doing business in a localized
geographic region, i.e. Grand Prairie, Texas and the surrounding area; and (c) would knowingly
and intentionally be attacking my competency, integrity and character as a professional in a
localized geographic region, i.e. Grand Prairie, Texas and the surrounding area.
8. As Defendant intended, I was damaged as a result of posting the Yelp review.
After the Yelp Review, my income as a dentist over the next several months inexplicably
declined despite of my increase in marketing expenditure. It was not until I was notified of the
Yelp Review by Yelp marketing salesperson in Early June 2017 that I realized the reason why I
was seeing fewer dental patients and a decline in income despite my increase in marketing
expenditure. I immediately notified Yelp of the Yelp Review and soon after Yelp pulled the
Yelp Review in July 2017, which in and of itself is telling about the defamatory statements
Defendant made in his Yelp review. Yet, the damage was done and even now I am struggling to
regain his previous income potential as a result of the Yelp Review
9. The Yelp Review is false, misleading and disparaging. Defendant expressly
stated that because I did not pay a judgment, my ability to practice as a dentist in terms of
patients, patient referral sources and prospective patients is questionable and that I cannot be
trusted with their health. There simply is no relationship to my failure to pay a judgment entered
against me and my ability to practice dentistry in North Texas. This Yelp Review had an adverse
impact on my ability to practice dentistry in my local area, North Texas.
10. By making these false and misleading statements in the Yelp Review regarding
my ability to practice dentistry in North Texas, Defendant failed to ascertain the truth and use
ordinary care as to whether I could be trusted with my patient’s health merely because I had
failed or refused to pay a judgment in favor of his company, Aidris.
11. I have never been accused of failing to provide proper and acceptable care to my
patients.
12. For these reasons, Defendant’s actions in publishing the Yelp Review constitutes
Statutory Libel, Libel Per Se, Libel, Business Disparagement and Negligence.
AFFIDAVIT OF BEHROOZ KHADEMAZAD, Page 3 13
1564042.1
13. As a direct and proximate result of the Yelp Review, I have endured shame,
embarrassment, humiliation, and mental pain and anguish. It is obvious to me that people read
the Yelp Review because my income started to decline upon publication of the Yelp Review on
February 9, 2017. I worked hard to develop my dentistry practice. I could not understand the
decline rapid decline in my income and the dropout in my patients until I saw the Yelp Review.
I had practiced dentistry in Grand Prairie for over 30 years. People in the community/Grand
Prairie knew me. The Yelp Review hurt me in so many ways. It just wasn’t the decline in my
income. It was also the shame, embarrassment, humiliation and mental pain and suffering I felt
when I saw people in the community, some of whom I knew, thinking and wondering if they
read the Yelp Review. It hurt me. I could not help but feel shame, embarrassment, humiliation
and mental pain and suffering. I had trouble sleeping and eating. I had trouble looking at people
in Grand Prairie and my employees wondering if they read the Yelp Review. There were times I
tried to avoid people and in some cases I felt as if I needed to defend myself.
14. I even had to consolidate by debts by refinancing in July 2017 to help meet my
expenses and burdening additional financing charges due my inability to timely repay my debts
as a result of the drop in income I suffered caused by the Yelp Review. Additionally, I have and
will in the future be seriously injured in terms of my business reputation, good name, and
standing in the community, and feel as if I will be exposed to the hatred, contempt, and ridicule
of the public in general as well as my business associates, clients, friends, and relatives.
Consequently, I am seeking general damages in a sum in excess of $200,000 and less than
$1,000,000.00.
15. In addition to the general damages, which I am seeking, as a direct and proximate
result of the Yelp Review, I have suffered special/compensatory damages which have arisen
naturally, but not necessarily, from the statutory libel, libel per se, libel, negligence and business
disparagement caused by Defendant’s publication of the Yelp Review; so much so, that I had to
obtain financing to maintain my cash flow and dental practice. By virtue of the fact that the Yelp
Review accuses me of professional improprieties, such libelous statements constitute libel per se
and thus excuses proof of special damages. Nevertheless, I am seeking special damages
AFFIDAVIT OF BEHROOZ KHADEMAZAD, Page 4 14
1564042.1
16. I am fu11her entitled to exemplary damages from Defendant because he acled with
the malice with a specific intenl to cause injury to me or acted in conscious indifference to my
rights. safety. or welfare with actual. subjective awareness that his conduct involved an extreme
degree of risk of harm to me. In particular. there simply is no relationship between my failure to
pay a judgment and my ability to perfonn denti stry and provide dentistry services to my patients
in a healthy and safe manner. My history of care. education and degrees and on line reviews
"hich is attached to this Affidavit as Exhibit 1-B for all purposes should be evident of my
competency as a professional practitioner in dentistry. The Yelp Review was false and
Defendant intended to inflict severe emotional and financial damage to me.
17. I hereby request that this Court lind that it does have jurisdiction over Defendant
and deny the relief he is rcquc~t ing in his Motion to Dismis~.
Fl.J R rHcR. AFl-"IANT SAYr:TH NOT.
~~<~
BEllROKHADEMAZ
SUOSCl~IBrD AND SWORN to before me on this ~ day of NOV 2018 to
certify whic.:h witness my hand and seal of office.
ZEESHAN SA YANI
Notary Public
STATE OF TEXAS
My Comm. Exp. 01·13·21
Notaiy 10 # 13096158·3
AHIDA VIT 01-' BEllROOZ h:llA DE\1,\1.,\I>, l'"l!e ~
15
EXHIBIT 1-A
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1
T0007/ P0087
Grand Prairie Family Dental
:!475 W Pioneer Pkwv
Grand Prairie, TX i S051-3527
These NEGATrvE REVIEWS seriously hurt your REPUTATION.
We will help you MANAGE YOUR REPUTATION. Call us now 832-986-8997.
Grand Prairie Family Dental c1a1med
D Ct 3 reviews
* Wnlc a Review Q Add Pholo @ Share R Bookmart.
Cosmellc Denllsts, General Dentii:lly. OrUIOdontJsts
Mop dalA 2017 Google
9 2475 W Pionee r Pkwy t? USI
Grand Prairie, TX 75051
~ Gel Oitecilons
\. (972) 988-0900
,. genllegrandpra1nedenli6l com
" Message the buSll'less
These NEGATIVE REVIEWS made your POTENTIA1. CUSTOMERS RAN AWAY I
We help you KEEP YOUR CUSTOMERS. CaB us now 832-968-8997 .
Se;inG.
2/9/2017
Lang Blach, CA
f 460 1\ieods This Is a review for the Grand Prairie Farrily Dental and Dr. Khadema2ad. Dr. Khadenmad
•
a 7re'olews 1s not lo be trusted. Grand Prairie Farrily Dental and Dr Khadenmad refused to pay
money owed since 1012010. Even after \\inning a rra1or court judgement in 06116 v.e slJD
0 7pholos
haven not received a penny of v.tial is ov.ed . Grand Prarne FalTily Dental and Dr.
Khademazad can't even be trusted with a court order! I Why v.ould you trust hrm wth your
health?!
Was this review ?
( People posted NEGATIVE REVIEWS about you.
16
EXHIBIT 1-B
Norma Rios
Yesterday
My experience with Dr K and staff has been going on for a long time now. Front desk staff always
accommodating to make an appointment around yor schedule. Dr K is a soft spoken gentle
professional dentist. He and his staff are friendly, funny and eager to help you with any tooth
problem or situation. Come by and check them out for your next cleaning.
(owner)
Yesterday
Thank you Norma for taking the time to give us your feedback! Please refer your friends and family
to us so they can experience what you've experience. We look forward to serving you with all your
future dental needs.
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Jesse Lincon
5 days ago
I have been getting treatment for a toothache from this dentist and I have to say I'm really pleased
with the way the staff treat me. The Dr makes me feel at home here.I would recommend for anyone
looking for a great dentist to pay them a visit.
(owner)
5 days ago
Thank you Jesse for your kind words! We appreciate your time giving us your review. We look
forward to serving you with all your future dental needs.
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Paulette Anthon
6 days ago
I love coming to see Dr. K and the office people because they treat me like family.
(owner)
6 days ago
Thank you Paulette! We love you and yes you are family to us.
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William Bradshaw
6 days ago
Best dentist I could ever ask for there friendly and cool glad I found
(owner)
6 days ago
Thank you Cody! Glad that you've found us. We are happy that we can help with your dental needs.
View and edit
17
DeAnna Alexander
6 days ago
The user didn't write a review, and has left just a rating.
replyReply
Richard Floyd
6 days ago
Had to change dentists and they are very considerate and caring to the needs of the patients. Never
a bad experience.
(owner)
6 days ago
Thank you for your kind words. We appreciate you taking the time to give us your feedback. We look
forward to serving all your future dental needs.
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Angie Gonzalez-Roland
1 week ago
My favorite dental staff! Dr K’s peeps always make me feel welcomed and happy to care for my
teeth! Gracias!
(owner)
1 week ago
Thank you Angie for being a loyal patient! We look forward to serving you with all your future dental
needs.
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Don Gates
1 week ago
Grand Prairie Family Dental is an awesome facility. The entire staff are so pleasant and comforting.
Dr K is gentle, caring and compassionate while being totally professional. I came to this office with
an emergency that was quickly and thoroughly resolved.
(owner)
1 week ago
Thank you Don for taking the time to give us your feedback! We look forward to serving you with all
your future dental needs.
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18
Quddus Salako
2 weeks ago
Great staff.. they took care of me very well. I will highly recommend.
(owner)
2 weeks ago
Thank you Quddus for taking the time to give us for feedback! We look forward to serving you with
all your dental needs.
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Barry Shapiro
3 weeks ago
Great dental hygienist -- very thorough! And as always Dr. Behrooz is caring, competent,
encouraging and very professional -- always keeping up with the latest technology to help ensure he
takes the best care of his patients!
(owner)
2 weeks ago
Thank you Barry for your kind words! We appreciate you taking the time to let us know how we are
doing. Thank you for being a loyal patient.
View and edit
Clint C
4 weeks ago
Friendly staff and very knowledgeable dentist!
(owner)
4 weeks ago
Thank you so much for your kind words! We appreciate you being a loyal patient.
View and edit
Jennifer Allen
5 weeks ago
The experience was good and I felt comfortable. I don’t enjoy the dentist but this visit was a pleasant
one.
(owner)
5 weeks ago
Thank you Jennifer! We appreciate you taking the time to share your experience.
19
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Glen Norris
5 weeks ago
I just returned back to grand prairie Family Dental recently after being away for about 10 years. I
changed jobs and so did my insurance which did not allow for me to continue being a patient. I tried
other Dental offices but it just didn't feel like home. I have always felt comfortable and like I was a
part of a family . Doctor k has always been like family to me and I wanted to get back to that. His
staff is always courteous and friendly and make you feel welcome. The office atmosphere doesn't
feel like you're at a dental office. You just feel like stretching out and taking a nap I'm so glad I was
able to come back.
(owner)
5 weeks ago
Thank you for your recent review of our office! We look forward to serving all your dental needs.
View and edit
Mallous Rohani
13 weeks ago
Dr. Kay and his staff are so kind and professional. I actually look forward to going to the dentist
unless I have to have a root canal :).
(owner)
13 weeks ago
Thank you so much for taking the time in writing a review. We look forward to serving you with all
your future dental needs. Thanks again!
View and edit
Saul Lucio
13 weeks ago
The user didn't write a review, and has left just a rating.
replyReply
Shay
13 weeks ago
I had 3 extractions done by Mrs. Kathy and Dr. K and did not feel a thing! Highly recommended ❤
it feels like family when you walk in the door! Mrs. Amber is also great!! ❤
20
(owner)
13 weeks ago
We are glad you had a great experience with Grand Prairie Family Dental! We appreciate you taking
the time to give us your feedback! We look forward to serving you with all you future dental needs.
Please refer your friends and family to our office. This is the biggest compliment you can give us.
Thank you!
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vida Downs
14 weeks ago
I was looking for an emergency dentist, I got a referral from 1800 dental. And talk to three different
agency's. I finally got this one that understood my urgency. I got in very quickly, the staff there was
very understanding and helpful. God bless you all. I now have a new dentist. Thank you Dr. K and
your wonderful staff.
(owner)
13 weeks ago
Thank you so much for your kind words! We look forward to serving to serving you with all your
dental needs. Please refer your friends and family so they can experience what you've experience in
our office! This is the best compliment you can give our office! Thanks and see you soon.
View and edit
Kelvin Sharpe
16 weeks ago
Dr. K and Grand Prairie family Dental are my family! I've been with them and his staff for over 7
years now and won't go anywhere else. It's a big WIN to be with people who really care about there
patients. I highly recommend the services provided there as you won't be disappointed!
(owner)
16 weeks ago
Thank you Kevin for taking the rime to give us your feedback and being a loyal patient to our office!
We look forward for many more years of serving you and attending to all your dental needs. Please
refer your friends and family to our office. That will be one of the best compliment you can give us.
Thanks again!
View and edit
Merilyn Simmons
16 weeks ago
My experience with doctor K has been awesome. He’s gentle and makes me comfortable once I’m in
his chair. We always follow up with me to make sure I’m ok. The staff is always friendly and very
helpful. I would recommend them to anyone.
(owner)
16 weeks ago
21
Thank you Merilyn! We appreciate you taking the time to give us your feedback. Please refer your
friends and family to our office so they can experience the same experience you had with our office.
We look forward to serving you with all your dental needs. Thanks again!
View and edit
Gwen Massey
16 weeks ago
Staff very knowledgeable, friendly and helpful. Dr K is kool and down to earth and caring 👍
(owner)
16 weeks ago
Thank you Gwen for your kind words! We appreciate you taking the time to review us. Please refer
your friends and family to our office. This is the one of the greatest compliment you can give our
office. Thanks!
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GENTE QUE IMPACTA
17 weeks ago
He a amazing doctor. I like all the team, they are very friendly and responsible with the patients
(owner)
17 weeks ago
Thanks so much for your feedback! We are glad that you like us. We look forward to serving you
with all your dental needs. Thanks again.
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Tiffany Villarreal
17 weeks ago
Dr. K is the best!!! He has taken care of me and all my family. He is really gentle and genuinely
cares about his patients. Best dentist ever!!!
(owner)
17 weeks ago
Thank you Tiffany for your kind words and thank you for being a loyal patient of Grand Prairie Family
Dental! Please share your experience with us to your friends and family. We look forward to serving
you for all your future dental needs!
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Dany G
22
17 weeks ago
Grand Prairie Family Dental is my favorite dentist, they have always done a good job.
(owner)
17 weeks ago
Thank you Daniela! Congratulations for for completing your Orthodontic treatment! We look forward
to serving you with all your dental needs.
View and edit
Elaine Patrick
17 weeks ago
I've experienced the best dental care in my life at Grand Prairie Family Dental for over ten years.
Dr.K is a highly competent dentist with a warm and caring manner. He bends over backwards to
ensure his patients experience minimum discomfort. I greatly appreciate his sensitivity after
treatment by a few dentists who were oblivious when I was in terrible pain. He continually works with
me on improving home care of my teeth. Dental cleanings are first class. The practice keeps up with
the latest technology. All of the staff are friendly, helpful and respectful. Because everyone is treated
as a unique person, you come to feel like Dr. K and his staff are your extended family. It was helpful
that I was able to finance some dental work I needed through Grand Prairie Family Dental. Thank
you Dr. K and staff!! Elaine Patrick
(owner)
17 weeks ago
Thank you Elaine! We are glad you feel this way about Dr. K and our staff. Here at Grand Prairie
Family Dental, we consider our patients FAMILY! We love to serve our patients with all their dental
needs. We look forward to a long term relationship with you and our office. Please don't forget to
refer your friends and family to our office so they can experience the best possible care that they can
have and share your experience! Thanks you again for taking the time to give us your feedback!
View and edit
Donald Cress
17 weeks ago
I've been a patient of Grand Prairie family dental for the past year. During the year I've had several
extractions, 6 implants and and 8 root canal And all of these was done with least amount of pain. Dr.
K. was more than gentle and have a great staff. I'm very
Preview
FILED Nicholas Zaragoza DALLAS COUNTY 11/8/2018 4:16 PM FELICIA PITRE DISTRICT CLERK CAUSE NO. DC-18-00241 BEHROOZ KHADEMAZAD d/b/a, § IN THE DISTRICT COURT GRAND PRAIRIE FAMILY DENTAL § § Plaintiff, § § 101st JUDICIAL DISTRICT v. § § SEAN GHARAVI, § § Defendant. § DALLAS COUNTY, TEXAS ______________________________________________________________________________ RESPONSE TO MOTION TO DISMISS ______________________________________________________________________________ TO THE HONORABLE COURT: Plaintiff Behrooz Khademazad d/b/a Grand Prairie Family Dental (“Dr. Khademazad”) file this his Response to Motion to Dismiss (“Response”) in connection with the Special Appearance filed against Defendant Sean Gharavi and respectfully shows as follows: I. Introduction 1. This case arises from defamatory remarks made by Defendant in a Yelp Review complaining that if Dr. Khademazad cannot pay a judgment that was entered against him and in favor of Defendant arising out of a commercial dispute then he cannot be trusted with the reader’s health. 2. Defendant urges this Court to dismiss this matter under the Texas Citizens Participation Act (“TCPA”) and in support argues that his Yelp Review represents a right of free speech and that the post was a matter of public concern which includes health or safety. Tex. Prac. & Rem. Code §27.001(7). He claims his Yelp Review does not require more than a “tangential relationship” to health or safety by citing ExxonMobil Pipelin Co. v. Coleman, 512 S.W.3d 895, 900 (Tex. 2017). Yet, the fact of the matter is that there is absolutely no tangential RESPONSE TO MOTION TO DISMISS Page 1 1564029.1 1 basis between collecting on a judgment and Dr. Khademazad’s qualifications to practice dentistry in Grand Prairie. 3. As a result having posted this defamatory Yelp Review, Plaintiff was damaged and is suing Defendant for Statutory Libel, Libel Per Se, Libel, Negligence and Business Disparagement. II. Facts 4. Defendant is a professional who specializes in online marketing. Dr. Khademazad had retained Defendant’s company, Aidris, for on line marketing services in May 2012. 5. On December 15, 2015, an Arbitration Decision was entered in favor of Aidris and against Dr. Khademazad, styled Aidris, a California Corporation v. Behrooz Khademazad, an individual, dba Grand Prairie Family Dental and Dentalcare Concepts, Inc. a Texas Corporation. On July 6, 2016, the Arbitration Decision was recorded as a judgment in the County Court at Law No. 1, Tarrant County, Texas, styled Aidris, a California Corporation v. Behrooz Khademazad, an individual, dba Grand Prairie Family Dental and Dentalcare Concepts, Inc. a Texas Corporation, Cause No 2017-002443-1 for $89,850.20 with post judgment interest accruing at 5% compounded per annum from the date of judgment. The judgment was based on a commercial dispute rising out of online marketing services allegedly performed by Aidris as Dr. Khademazad had issues with the effectiveness and lack thereof of the online marketing services and the existence of a contractual relationship. 6. On February 9, 2017, Defendant, as an individual, posted the Yelp Review stating: This is a review for the Grand Prairie Family Dental and Dr. Khademazad. Dr. Khademazad is not to be trusted. Grand Prairie Family Dental and Dr. Khademazad refused to pay money owed since 10/20/2010. Even after winning a major court judgment in 06/16, we still haven [sp] not received a penny of what is RESPONSE TO MOTION TO DISMISS Page 2 1564029.1 2 owed. Grand Prairie Family Dental and Dr. Khademazad can’t even be trusted with a court order !! Why would you trust him with your health?! Yelp Review – 2/9/2017. A copy of the Yelp Review is attached to Dr. Khademazad’s Affidavit as Exhibit 1-A and is incorporated herein by reference for all purpose. 7. Dr. Khademazad has resided in Dallas County for over thirty (30) years. He has practiced his profession as a dentist in Dallas County for over thirty (30) years. Prior to the Yelp Review, Dr. Khademazad enjoyed an excellent reputation as a competent dentist with a thriving dental practice. In fact, a copy of some of the testimonials relating to Dr. Khademazad’s professionalism and ability to practice dentistry which exemplifies his excellent reputation is attached to his affidavit as Exhibit 1-B and is incorporated herein by reference for all purpose. 8. Being an online marketing professional and specialist and having performed services for Dr. Khademazad, Defendant knew that by posting the Yelp Review, he was targeting Plaintiff’s patients and potential patients in a localized geographic region in Texas and more specifically and presumably, the Grand Prairie metro area. After all, no one other than people in the Grand Prairie metro area would know or have reason to research Dr. Khademazad and his dentistry practice. Certainly no one residing or working in California. 9. Defendant intended to harm Dr. Khademazad by posting the Yelp Review intended for people in the localized area in which Dr. Khademazad had his dentistry practice to view him as an untrustworthy and incompetent dentist because he had not paid a judgment. III. Argument A. The Purpose of the Texas Citizens Protection Act. 10. The Texas Legislature enacted the TCPA "to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorious lawsuits for demonstrable injury." See Jennings v. RESPONSE TO MOTION TO DISMISS Page 3 1564029.1 3 WallBuilder Presentations, Inc., 378 S.W.3d 519, 521 n.1 (Tex. App.—Fort Worth 2012, pet. denied) See Tex. Civ. Prac. & Rem. Code Ann. § 27.002. 11. Under the TCPA, "a court shall dismiss a legal action against the moving party if the moving party shows by a preponderance of the evidence that the legal action is based on, relates to, or is in response to the party's exercise of: (1) the right of free speech; (2) the right to petition; or (3) the right of association." Tex. Civ. Prac. & Rem. Code Ann. § 27.005(b). "Exercise of the right of free speech" means "a communication made in connection with a matter of public concern." Id. § 27.001(3). "Matter of public concern" includes an issue related to (1) "health or safety"; (2) "environmental, economic, or community well-being"; (3) "the government"; (4) "a public official or public figure"; or (5) "a good, product, or service in the marketplace." Id. § 27.001(7). 12. So, Defendant must first show by a preponderance of the evidence that Dr. Khademazad’s claim is based on, relates to, or is in response to the Defendant’s exercise of: (1) the right of free speech; (2) the right to petition; or (3) the right of association. Tex. Civ. Prac. & Rem. Code Ann. § 27.005(b). There simply is no basis for showing that the collection of a judgment arising from a commercial transaction has any tangential basis to the defamatory remarks in the Yelp Review regarding Dr. Khademazad’s ability to practice dentistry. B. Defendant’s Defamatory Yelp Review Is Not Protected by the TCPA in that Defendant Fails to prove by a Preponderance of the Evidence That This Cause of Action Relates to His Right to Free Speech under Tex. Civ. Prac & Rem. Code §27.005(b). 13. Defendant wholly fails to carry his initial burden under Section 27.005(b) of the Texas Civil Practice & Remedies Code. 14. Defendant relies on ExxonMobil Pipelin Co. v. Coleman, supra, for the proposition that all he needs is for the Yelp Review to have some “tangential relationship” to the to the health or safety of the public. As previously stated, there is no such relationship. In ExxonMobil, Plaintiff alleged that he was defamed by his supervisors who accused him of failing RESPONSE TO MOTION TO DISMISS Page 4 1564029.1 4 to gauge a fluid tank when he allegedly did gauge the fluid tank. The effect of failing to gauge the fluid tank would have an effect on public safety in terms of the environment and safety. 15. Such is not the case here. In fact, it’s more akin to Miller Weisbrod, L.L.P. v. Llamas-Soforo, 511 S.W.3d 181, (Tex. App.—El Paso Nov. 25, 2014, no pet.). There, an ophthalmologist, filed suit against a law firm and two of the firm's individual attorneys contending that defendants’ television commercials defamed him by encouraging former patients to contact the law firm if they went blind after being treated by the ophthalmologist. Id. at 183. The defendants filed a Motion to Dismiss pursuant to the TCPA. Following that hearing, the trial court denied the motion, ruling that defendants were not entitled to protection under the TCPA because the exemption set out in section 27.010(b) applied.1 Id. 16. The Court of Appeals affirmed. It concluded (1) "each case must be evaluated on its individual merits"; (2) the television commercial in question was created, not as a "matter of public concern," but primarily to attract clients allegedly injured by [the ophthalmologist]; (3) the attorneys' speech "arose from the sale of their legal services to potential customers"; and (4) the trial court did not err in finding the advertisements were commercial speech and, thus, exempt from the protection of the TCPA pursuant to section 27.010(b). Id at 186. 17. Clearly, complaining about not being able to collect on a judgment arising from a commercial transaction has nothing to do with Defendant’s concern about the public and health and safety. 18. Another case closely akin to the case at bar is Pickens v. Cordia, 433 S.W.3d 179 (Tex. App.—Dallas 2014, no pet.). There, Pickens published a blog regarding his mental health treatment as well as parental abuse issues. His relatives sued him for, among other things, defamation and invasion of privacy. Pickens moved to dismiss arguing his blog related to health 1 “This chapter does not apply to a legal action brought against a person primarily engaged in the business of selling or leasing goods or services, if the statement or conduct arises out of the sale or lease of goods, services or … or a commercial transaction in which the intended audience is an actual or potential buyer or customer.” TEX. CIV. PRAC. & REM. CODE §27.010(b) RESPONSE TO MOTION TO DISMISS Page 5 1564029.1 5 and safety. Id. at 184. Though the court recognized that the blog touched on matters of public concern, it was “more akin to a personal diary of his journey from drug addiction to recovery in which he drew upon his perceived family experiences . . . . Its primary focus is Michael." Id. As such, the type of private life statements recounted on the blog did not "implicate the broader health and safety concerns or community well-being concerns contemplated by chapter 27." Id. 19. The Court in Pickens examined Miranda v. Byles, 390 S.W.3d 543 (Tex. App.— Houston [1st Dist.] 2012, pet. denied). by noting that Miranda dealt with private facts and public issues. In Miranda a step grandfather sued for defamation arising out of statements that he sexually assaulted his step-granddaughter. Id at 548. There, the Court of Appeals noted that an issue is not a public issue simply because it is a controversy of interest to the public. Id. at 554. A matter can be a public issue because people in the public are discussing it or because people other than the immediate participants in the controversy are likely to feel the impact of its resolution. Id. The Court of Appeal ruled that the trial court did not err in determining the alleged sexual assault was a private issue. It noted that there was no evidence in the record that the matter was being discussed by anyone other than officials in charge of the investigation and the family. Id. Nor was there any evidence anyone other than the family was likely to feel the impact of the resolution. Id. 20. Relying on Miranda, the Court in Pickens held Pickens' blog entries describing personal drug addiction and abuse did not implicate a matter of public concern to satisfy his initial burden under section 27.005(b) that his family's lawsuit was in response to his right to free speech. Id. at 185. 21. For the same reasons, the Yelp Review does not implicate a matter of public concern for Defendant to satisfy his initial burden under section 27.005(b). It was poorly misguided attempt to collect on a judgment arising out of a commercial transaction. RESPONSE TO MOTION TO DISMISS Page 6 1564029.1 6 C. Defendant’s Defamatory Yelp Review Is Not Protected by TCPA because Dr. Khademazad can Establish by Clear and Specific Evidence a Prima Facie Case for Each Essential Element of His Claims of Statutory Libel, Libel Per se, Libel, Business Disparagement and Negligence Against Defendant Under Civ. Prac. & Rem. Code §27.005(c). 22. Defamation involves the publication of a false statement of fact about the Dr. Khademazad. To succeed on a defamation claim, Dr. Khademazad must demonstrate that (1) the Defendant published a factual statement (2) that was capable of defamatory meaning (3) concerning Dr. Khademazad (4) while acting with either negligence, if Dr. Khademazad is a private individual, or actual malice, if Dr. Khademazad is a public figure or public official, concerning the truth of the statement. Vice v. Kasprzak, 318 S.W.3d 1, 12 (Tex. App.—Houston [1st Dist.] 2009, pet. denied) (citing WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex. 1998)). Dr. Khademazad is a private individual. "[A] private individual may recover damages from a publisher or broadcaster of a defamatory falsehood as compensation for actual injury upon a showing that the publisher or broadcaster knew or should have known that the defamatory statement was false." Foster v. Laredo Newspapers, Inc., 541 S.W.2d 809, 811, 819 (Tex. 1976); A.H. Belo Corp. v. Rayzor, 644 S.W.2d 71, 80, 82-83 (Tex. App.—Fort Worth 1982, writ ref'd n.r.e.). In this case, Defendant is the publisher. 23. According to Section 73.001 of the Texas Civil Practice & Remedies Code, the elements of statutory libel are: A libel is a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or that tends to injure a living person’s reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person’s honesty, integrity, virtue, or reputations or to publish the natural defects of anyone and thereby expose the person to public hatred, ridicule, or financial injury. Tex. Civ. Prac. & Rem. Code §73.01. Defendant published the Yelp Review with the intent of harming Dr. Khademazad’s dentistry practice in terms of patients, patient referral sources and prospective patients trusting him with their health. Thus, the Yelp Review adversely affected RESPONSE TO MOTION TO DISMISS Page 7 1564029.1 7 Khademazad’s ability to practice dentistry in North Texas. As a direct and proximate result of the Yelp Review, Dr. Khademazad has endured shame, embarrassment, humiliation, and mental pain and anguish. Additionally, Dr. Khademazad has and will in the future be seriously injured in his business reputation, good name, and standing in the community, and will be exposed to the hatred, contempt, and ridicule of the public in general as well as his business associates, clients, friends, and relatives. He therefore has sustained both general and special damages. 24. Libel per se is statutory libel when there is injury to Dr. Khademazad’s occupation or profession. In this regard, under common-law principles general damages need not be proven because the law presumes general damages. Guisti v. Galveston Tribune, 105 Tex. 497, 150 S.W. 874, 875 (Tex. 1912); see Bentley v. Bunton, 94 S.W.3d 561, 604 (Tex. 2002) (defamation per se entitles victim to recover “general damages, including damages for loss of reputation and mental anguish”); Miranda v. Byles, 390 S.W.3d 543, 555–556 (Tex. App.— Houston [1st Dist.] 2012, pet. denied); Cullum v. White, 399 S.W.3d 173, 183–184 (Tex. App.— San Antonio 2011, pet. denied); Main v. Royall, 348 S.W.3d 381, 390 (Tex. App.—Dallas 2011, no pet.). The mere fact that Defendant attacked Dr. Khademazad’s ability to practice dentistry by virtue of his ability to pay a judgment is defamation per se. As previously stated, there simply is no tangential relationship between Dr. Khademazad’s ability to practice dentistry and his failure to pay a judgment. 25. From a negligence standpoint, Defendant was negligent when posting the defamatory statements regarding Dr. Khademazad’s ability to practice dentistry in North Texas. He was negligent when he failed to use ordinary care in ascertaining the truth as to whether Dr. Khademazad could be trusted with his patients’ health merely because he could not pay a judgment arising from a commercial transaction. As a direct and proximate result of Defendant’s negligence in posting the Yelp Review, Dr. Khademazad sustained general and special damages. RESPONSE TO MOTION TO DISMISS Page 8 1564029.1 8 26. For the same reasons as set forth above, Defendant falsely disparaged Dr. Khademazad’s ability to practice dentistry and as a direct and proximate result of the Yelp Review and Defendant’s disparagement of Dr. Khademazad’s dentist practice, Dr. Khademazad sustained both general and special damage. 27. Attached to this Response is the Affidavit of Behrooz Khademazad establishing that he can claim by clear and specific evidence a Prima Facie Case for Each Essential Element of His Claim. D. Attorneys’ Fees and Costs 28. Under Section 27.009 of the Texas Civil Practice & Remedies Code, “[i]f this court finds that the Motion to Dismiss filed … is frivolous or solely intended to delay, the court may award court costs and reasonable attorneys fees to [Dr. Khademazad].” TEX. PRAC. & REM. CODE §27.09(b). 29. There simply is no tangential relationship between Dr. Khademazad’s ability to practice dentistry and his inability or refusal to pay the judgment entered in favor of Defendant arising out of a commercial dispute. IV. Conclusion. 30. For the reasons stated above, the Motion to Dismiss should be denied. There simply is no tangential relationship between the Yelp Review and Dr. Khademazad’s ability and qualifications to practice dentistry in North Texas, in terms of patients, patient referral sources and prospective patients trusting him with their health. The act of publishing the Yelp Review was, constituted Statutory Libel, Libel Per Se, Libel, Negligence and Business Disparagement and was, in fact, downright mean and malicious. For the reasons stated above, the Motion to Dismiss was a frivolous procedural device to further delay these proceedings for which Dr. Khademazad is entitled to attorneys’ fees and costs. RESPONSE TO MOTION TO DISMISS Page 9 1564029.1 9 31. Dr. Khademazad further requests such other and further relief to which he is justly entitled. Respectfully submitted, By: /s/ William L. Siegel WILLIAM L. SIEGEL Texas Bar No. 18342480 COWLES & THOMPSON, P.C. 901 Main Street, Suite 3900 Dallas, TX 75202 (214) 672-2000 (Tel) (214) 672-2326 (Fax) E-mail: bsiegel@cowlesthompson.com ATTORNEYS FOR PLAINTIFF BEHROOZ KHADEMAZAD D/B/A GRAND PRAIRIE FAMILY DENTAL CERTIFICATE OF SERVICE This is to certify that on November 8, 2018, a true and correct copy of the above and foregoing document was served on Defendants, by and through their attorney of record, Timothy E. Baker, 1205 S. Greenville Avenue, Allen, Texas 75002 via electronic filing and certified mail return receipt requested. /s/William L. Siegel WILLIAM L. SIEGEL RESPONSE TO MOTION TO DISMISS Page 10 1564029.1 10 EXHIBIT 1 CAUSE NO. DC-18-00241 BEHROOZ KHADEMAZAD d/b/a, § IN THE DISTRICT COURT GRAND PRAIRIE FAMILY DENTAL § § Plaintiff, § § 101st JUDICIAL DISTRICT v. § § SEAN GHARAVI, § § Defendant. § DALLAS COUNTY, TEXAS AFFIDAVIT OF BEHROOZ KHADEMAZAD STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned notary on this day, personally appeared Christine Silva, an authorized representative of Behrooz Khademazad who upon her oath being duly sworn, deposed and stated: 1. "My name is Behrooz Khademazad (“Plaintiff”), the Plaintiff in the above styled and numbered lawsuit. I am over the age of 21 years, and am competent and authorized in all respects to make this affidavit. The statements contained herein are all true and correct, and, except as stated, made upon personal knowledge. Such personal knowledge is based upon affiant being the custodian of Plaintiff's files concerning Defendant Sean Gharavi (“Defendant"). 2. I am a dentist who practices dentistry in Grand Prairie, Dallas, County, Texas. Defendant represented to me that he was online marketing professional and specialist, who claimed that he and his company, Aidris, Inc., performed online marketing and professional services for me in connection with my dentistry practice 3. I am suing Defendant for Statutory Libel, Libel Per Se, Libel, Business Disparagement and Negligence action stemming from a Yelp post Defendant posted in connection with attempts he made to collect an arbitration judgment entered in favor of his company Aidris, Inc., in California, a company solely owned by Defendant. Specifically, after Aidris obtained the arbitration award against me, Defendant, individually, stated in his Yelp review (the “Yelp Review”): AFFIDAVIT OF BEHROOZ KHADEMAZAD, Page 1 11 1564042.1 This is a review for the Grand Prairie Family Dental and Dr. Khademazad. Dr. Khademazad is not to be trusted. Grand Prairie Family Dental and Dr. Khademazad refused to pay money owed since 10/20/2010. Even after winning a major court judgment in 06/16, we still haven [sp] not received a penny of what is owed. Grand Prairie Family Dental and Dr. Khademazad can’t even be trusted with a court order !! Why would you trust him with your health?! Yelp Review – 2/9/2017. A copy of the Yelp Review is attached to this Affidavit as Exhibit 1-A and is incorporated herein by reference for all purpose. 4. Yelp is an American multinational corporation headquartered in San Francisco, California. It develops, hosts and markets Yelp.com and the Yelp mobile app, which publishes crowd-sourced reviews about local businesses, as well as the online reservation service Yelp Reservations. https://en.wikipedia.org/wiki/Yelp 5. This Yelp Review constitutes statutory libel, libel per se, libel, negligence and disparagement of me by virtue of attacking my competency as a dentist because of my refusal to pay a judgment entered against me and in favor of Aidris, Inc. 6. I have resided in Dallas County for over thirty (30) years – since July 1987. I have practiced my profession as a dentist in Dallas County for over thirty (30) years – since August 29, 1988. My dentistry practice is basically a localized practice. In this respect, my practice is located in Grand Prairie, Texas. More than 95% of my patients either reside and/or work in or near Grand Prairie, Texas. Most of my referrals are based on the fact that I practice in Grand Prairie Texas and my reputation and social standing as an individual and know-how of dentistry. Prior to the Yelp Review, I enjoyed an excellent reputation as a competent dentist with a thriving dental practice in Grand Prairie, Texas. 7. Defendant, represented to me that he was an online marketing professional expert and specialist and based on his representations, I retained him, by and through his company, Demandadvisor (Aidris, Inc.) to perform online marketing services for the purpose of generating an increase in the number of patients seeking my dentistry services. As part of the professional online services Defendant agreed to perform, he became familiar with the nature and geographic reach of my dentistry practice. Thus, he knew that by posting the Yelp review, he (a) would be intentionally and knowingly damaging me as a dentist in a localized geographic region, i.e. AFFIDAVIT OF BEHROOZ KHADEMAZAD, Page 2 12 1564042.1 Grand Prairie, Texas and the surrounding area; (b) would knowingly and intentionally be raising issues about my integrity and trustworthiness as an individual doing business in a localized geographic region, i.e. Grand Prairie, Texas and the surrounding area; and (c) would knowingly and intentionally be attacking my competency, integrity and character as a professional in a localized geographic region, i.e. Grand Prairie, Texas and the surrounding area. 8. As Defendant intended, I was damaged as a result of posting the Yelp review. After the Yelp Review, my income as a dentist over the next several months inexplicably declined despite of my increase in marketing expenditure. It was not until I was notified of the Yelp Review by Yelp marketing salesperson in Early June 2017 that I realized the reason why I was seeing fewer dental patients and a decline in income despite my increase in marketing expenditure. I immediately notified Yelp of the Yelp Review and soon after Yelp pulled the Yelp Review in July 2017, which in and of itself is telling about the defamatory statements Defendant made in his Yelp review. Yet, the damage was done and even now I am struggling to regain his previous income potential as a result of the Yelp Review 9. The Yelp Review is false, misleading and disparaging. Defendant expressly stated that because I did not pay a judgment, my ability to practice as a dentist in terms of patients, patient referral sources and prospective patients is questionable and that I cannot be trusted with their health. There simply is no relationship to my failure to pay a judgment entered against me and my ability to practice dentistry in North Texas. This Yelp Review had an adverse impact on my ability to practice dentistry in my local area, North Texas. 10. By making these false and misleading statements in the Yelp Review regarding my ability to practice dentistry in North Texas, Defendant failed to ascertain the truth and use ordinary care as to whether I could be trusted with my patient’s health merely because I had failed or refused to pay a judgment in favor of his company, Aidris. 11. I have never been accused of failing to provide proper and acceptable care to my patients. 12. For these reasons, Defendant’s actions in publishing the Yelp Review constitutes Statutory Libel, Libel Per Se, Libel, Business Disparagement and Negligence. AFFIDAVIT OF BEHROOZ KHADEMAZAD, Page 3 13 1564042.1 13. As a direct and proximate result of the Yelp Review, I have endured shame, embarrassment, humiliation, and mental pain and anguish. It is obvious to me that people read the Yelp Review because my income started to decline upon publication of the Yelp Review on February 9, 2017. I worked hard to develop my dentistry practice. I could not understand the decline rapid decline in my income and the dropout in my patients until I saw the Yelp Review. I had practiced dentistry in Grand Prairie for over 30 years. People in the community/Grand Prairie knew me. The Yelp Review hurt me in so many ways. It just wasn’t the decline in my income. It was also the shame, embarrassment, humiliation and mental pain and suffering I felt when I saw people in the community, some of whom I knew, thinking and wondering if they read the Yelp Review. It hurt me. I could not help but feel shame, embarrassment, humiliation and mental pain and suffering. I had trouble sleeping and eating. I had trouble looking at people in Grand Prairie and my employees wondering if they read the Yelp Review. There were times I tried to avoid people and in some cases I felt as if I needed to defend myself. 14. I even had to consolidate by debts by refinancing in July 2017 to help meet my expenses and burdening additional financing charges due my inability to timely repay my debts as a result of the drop in income I suffered caused by the Yelp Review. Additionally, I have and will in the future be seriously injured in terms of my business reputation, good name, and standing in the community, and feel as if I will be exposed to the hatred, contempt, and ridicule of the public in general as well as my business associates, clients, friends, and relatives. Consequently, I am seeking general damages in a sum in excess of $200,000 and less than $1,000,000.00. 15. In addition to the general damages, which I am seeking, as a direct and proximate result of the Yelp Review, I have suffered special/compensatory damages which have arisen naturally, but not necessarily, from the statutory libel, libel per se, libel, negligence and business disparagement caused by Defendant’s publication of the Yelp Review; so much so, that I had to obtain financing to maintain my cash flow and dental practice. By virtue of the fact that the Yelp Review accuses me of professional improprieties, such libelous statements constitute libel per se and thus excuses proof of special damages. Nevertheless, I am seeking special damages AFFIDAVIT OF BEHROOZ KHADEMAZAD, Page 4 14 1564042.1 16. I am fu11her entitled to exemplary damages from Defendant because he acled with the malice with a specific intenl to cause injury to me or acted in conscious indifference to my rights. safety. or welfare with actual. subjective awareness that his conduct involved an extreme degree of risk of harm to me. In particular. there simply is no relationship between my failure to pay a judgment and my ability to perfonn denti stry and provide dentistry services to my patients in a healthy and safe manner. My history of care. education and degrees and on line reviews "hich is attached to this Affidavit as Exhibit 1-B for all purposes should be evident of my competency as a professional practitioner in dentistry. The Yelp Review was false and Defendant intended to inflict severe emotional and financial damage to me. 17. I hereby request that this Court lind that it does have jurisdiction over Defendant and deny the relief he is rcquc~t ing in his Motion to Dismis~. Fl.J R rHcR. AFl-"IANT SAYr:TH NOT. ~~<~ BEllROKHADEMAZ SUOSCl~IBrD AND SWORN to before me on this ~ day of NOV 2018 to certify whic.:h witness my hand and seal of office. ZEESHAN SA YANI Notary Public STATE OF TEXAS My Comm. Exp. 01·13·21 Notaiy 10 # 13096158·3 AHIDA VIT 01-' BEllROOZ h:llA DE\1,\1.,\I>, l'"l!e ~ 15 EXHIBIT 1-A 111 •1111 •• 1111,11,,111111•11··'·l1''l1l'·'·l'l·1•11111,,1.111 ••, 1 T0007/ P0087 Grand Prairie Family Dental :!475 W Pioneer Pkwv Grand Prairie, TX i S051-3527 These NEGATrvE REVIEWS seriously hurt your REPUTATION. We will help you MANAGE YOUR REPUTATION. Call us now 832-986-8997. Grand Prairie Family Dental c1a1med D Ct 3 reviews * Wnlc a Review Q Add Pholo @ Share R Bookmart. Cosmellc Denllsts, General Dentii:lly. OrUIOdontJsts Mop dalA 2017 Google 9 2475 W Pionee r Pkwy t? USI Grand Prairie, TX 75051 ~ Gel Oitecilons \. (972) 988-0900 ,. genllegrandpra1nedenli6l com " Message the buSll'less These NEGATIVE REVIEWS made your POTENTIA1. CUSTOMERS RAN AWAY I We help you KEEP YOUR CUSTOMERS. CaB us now 832-968-8997 . Se;inG. 2/9/2017 Lang Blach, CA f 460 1\ieods This Is a review for the Grand Prairie Farrily Dental and Dr. Khadema2ad. Dr. Khadenmad • a 7re'olews 1s not lo be trusted. Grand Prairie Farrily Dental and Dr Khadenmad refused to pay money owed since 1012010. Even after \\inning a rra1or court judgement in 06116 v.e slJD 0 7pholos haven not received a penny of v.tial is ov.ed . Grand Prarne FalTily Dental and Dr. Khademazad can't even be trusted with a court order! I Why v.ould you trust hrm wth your health?! Was this review ? ( People posted NEGATIVE REVIEWS about you. 16 EXHIBIT 1-B Norma Rios Yesterday My experience with Dr K and staff has been going on for a long time now. Front desk staff always accommodating to make an appointment around yor schedule. Dr K is a soft spoken gentle professional dentist. He and his staff are friendly, funny and eager to help you with any tooth problem or situation. Come by and check them out for your next cleaning. (owner) Yesterday Thank you Norma for taking the time to give us your feedback! Please refer your friends and family to us so they can experience what you've experience. We look forward to serving you with all your future dental needs. View and edit Jesse Lincon 5 days ago I have been getting treatment for a toothache from this dentist and I have to say I'm really pleased with the way the staff treat me. The Dr makes me feel at home here.I would recommend for anyone looking for a great dentist to pay them a visit. (owner) 5 days ago Thank you Jesse for your kind words! We appreciate your time giving us your review. We look forward to serving you with all your future dental needs. View and edit Paulette Anthon 6 days ago I love coming to see Dr. K and the office people because they treat me like family. (owner) 6 days ago Thank you Paulette! We love you and yes you are family to us. View and edit William Bradshaw 6 days ago Best dentist I could ever ask for there friendly and cool glad I found (owner) 6 days ago Thank you Cody! Glad that you've found us. We are happy that we can help with your dental needs. View and edit 17 DeAnna Alexander 6 days ago The user didn't write a review, and has left just a rating. replyReply Richard Floyd 6 days ago Had to change dentists and they are very considerate and caring to the needs of the patients. Never a bad experience. (owner) 6 days ago Thank you for your kind words. We appreciate you taking the time to give us your feedback. We look forward to serving all your future dental needs. View and edit Angie Gonzalez-Roland 1 week ago My favorite dental staff! Dr K’s peeps always make me feel welcomed and happy to care for my teeth! Gracias! (owner) 1 week ago Thank you Angie for being a loyal patient! We look forward to serving you with all your future dental needs. View and edit Don Gates 1 week ago Grand Prairie Family Dental is an awesome facility. The entire staff are so pleasant and comforting. Dr K is gentle, caring and compassionate while being totally professional. I came to this office with an emergency that was quickly and thoroughly resolved. (owner) 1 week ago Thank you Don for taking the time to give us your feedback! We look forward to serving you with all your future dental needs. View and edit 18 Quddus Salako 2 weeks ago Great staff.. they took care of me very well. I will highly recommend. (owner) 2 weeks ago Thank you Quddus for taking the time to give us for feedback! We look forward to serving you with all your dental needs. View and edit Barry Shapiro 3 weeks ago Great dental hygienist -- very thorough! And as always Dr. Behrooz is caring, competent, encouraging and very professional -- always keeping up with the latest technology to help ensure he takes the best care of his patients! (owner) 2 weeks ago Thank you Barry for your kind words! We appreciate you taking the time to let us know how we are doing. Thank you for being a loyal patient. View and edit Clint C 4 weeks ago Friendly staff and very knowledgeable dentist! (owner) 4 weeks ago Thank you so much for your kind words! We appreciate you being a loyal patient. View and edit Jennifer Allen 5 weeks ago The experience was good and I felt comfortable. I don’t enjoy the dentist but this visit was a pleasant one. (owner) 5 weeks ago Thank you Jennifer! We appreciate you taking the time to share your experience. 19 View and edit Glen Norris 5 weeks ago I just returned back to grand prairie Family Dental recently after being away for about 10 years. I changed jobs and so did my insurance which did not allow for me to continue being a patient. I tried other Dental offices but it just didn't feel like home. I have always felt comfortable and like I was a part of a family . Doctor k has always been like family to me and I wanted to get back to that. His staff is always courteous and friendly and make you feel welcome. The office atmosphere doesn't feel like you're at a dental office. You just feel like stretching out and taking a nap I'm so glad I was able to come back. (owner) 5 weeks ago Thank you for your recent review of our office! We look forward to serving all your dental needs. View and edit Mallous Rohani 13 weeks ago Dr. Kay and his staff are so kind and professional. I actually look forward to going to the dentist unless I have to have a root canal :). (owner) 13 weeks ago Thank you so much for taking the time in writing a review. We look forward to serving you with all your future dental needs. Thanks again! View and edit Saul Lucio 13 weeks ago The user didn't write a review, and has left just a rating. replyReply Shay 13 weeks ago I had 3 extractions done by Mrs. Kathy and Dr. K and did not feel a thing! Highly recommended ❤ it feels like family when you walk in the door! Mrs. Amber is also great!! ❤ 20 (owner) 13 weeks ago We are glad you had a great experience with Grand Prairie Family Dental! We appreciate you taking the time to give us your feedback! We look forward to serving you with all you future dental needs. Please refer your friends and family to our office. This is the biggest compliment you can give us. Thank you! View and edit vida Downs 14 weeks ago I was looking for an emergency dentist, I got a referral from 1800 dental. And talk to three different agency's. I finally got this one that understood my urgency. I got in very quickly, the staff there was very understanding and helpful. God bless you all. I now have a new dentist. Thank you Dr. K and your wonderful staff. (owner) 13 weeks ago Thank you so much for your kind words! We look forward to serving to serving you with all your dental needs. Please refer your friends and family so they can experience what you've experience in our office! This is the best compliment you can give our office! Thanks and see you soon. View and edit Kelvin Sharpe 16 weeks ago Dr. K and Grand Prairie family Dental are my family! I've been with them and his staff for over 7 years now and won't go anywhere else. It's a big WIN to be with people who really care about there patients. I highly recommend the services provided there as you won't be disappointed! (owner) 16 weeks ago Thank you Kevin for taking the rime to give us your feedback and being a loyal patient to our office! We look forward for many more years of serving you and attending to all your dental needs. Please refer your friends and family to our office. That will be one of the best compliment you can give us. Thanks again! View and edit Merilyn Simmons 16 weeks ago My experience with doctor K has been awesome. He’s gentle and makes me comfortable once I’m in his chair. We always follow up with me to make sure I’m ok. The staff is always friendly and very helpful. I would recommend them to anyone. (owner) 16 weeks ago 21 Thank you Merilyn! We appreciate you taking the time to give us your feedback. Please refer your friends and family to our office so they can experience the same experience you had with our office. We look forward to serving you with all your dental needs. Thanks again! View and edit Gwen Massey 16 weeks ago Staff very knowledgeable, friendly and helpful. Dr K is kool and down to earth and caring 👍 (owner) 16 weeks ago Thank you Gwen for your kind words! We appreciate you taking the time to review us. Please refer your friends and family to our office. This is the one of the greatest compliment you can give our office. Thanks! View and edit GENTE QUE IMPACTA 17 weeks ago He a amazing doctor. I like all the team, they are very friendly and responsible with the patients (owner) 17 weeks ago Thanks so much for your feedback! We are glad that you like us. We look forward to serving you with all your dental needs. Thanks again. View and edit Tiffany Villarreal 17 weeks ago Dr. K is the best!!! He has taken care of me and all my family. He is really gentle and genuinely cares about his patients. Best dentist ever!!! (owner) 17 weeks ago Thank you Tiffany for your kind words and thank you for being a loyal patient of Grand Prairie Family Dental! Please share your experience with us to your friends and family. We look forward to serving you for all your future dental needs! View and edit Dany G 22 17 weeks ago Grand Prairie Family Dental is my favorite dentist, they have always done a good job. (owner) 17 weeks ago Thank you Daniela! Congratulations for for completing your Orthodontic treatment! We look forward to serving you with all your dental needs. View and edit Elaine Patrick 17 weeks ago I've experienced the best dental care in my life at Grand Prairie Family Dental for over ten years. Dr.K is a highly competent dentist with a warm and caring manner. He bends over backwards to ensure his patients experience minimum discomfort. I greatly appreciate his sensitivity after treatment by a few dentists who were oblivious when I was in terrible pain. He continually works with me on improving home care of my teeth. Dental cleanings are first class. The practice keeps up with the latest technology. All of the staff are friendly, helpful and respectful. Because everyone is treated as a unique person, you come to feel like Dr. K and his staff are your extended family. It was helpful that I was able to finance some dental work I needed through Grand Prairie Family Dental. Thank you Dr. K and staff!! Elaine Patrick (owner) 17 weeks ago Thank you Elaine! We are glad you feel this way about Dr. K and our staff. Here at Grand Prairie Family Dental, we consider our patients FAMILY! We love to serve our patients with all their dental needs. We look forward to a long term relationship with you and our office. Please don't forget to refer your friends and family to our office so they can experience the best possible care that they can have and share your experience! Thanks you again for taking the time to give us your feedback! View and edit Donald Cress 17 weeks ago I've been a patient of Grand Prairie family dental for the past year. During the year I've had several extractions, 6 implants and and 8 root canal And all of these was done with least amount of pain. Dr. K. was more than gentle and have a great staff. I'm very