Party Discovery: ODEH -V- FERNANDEZ Print

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                                ELECTRONICALLY FILED
     Ali    Odeh                                                                             SUPERIOR COURT OF CALIFORNIA
                                                                                             COUNTY OF SAN BERNARDINO
     14167 Flamingo Bay Ln.                                                                  SAN BERNARDINO DISTRICT
     Moreno Valley, California 92553                                                         10/9/2023 10:50          PM
     Telephone: (815) 600-2550
     E-Mail:     AJ0275@vahoo.com                                                            By: Sergio Villanueva,         DEPUTY



                                             SUPERIOR COURT OF CALIFORNIA

                                               COUNTY OF SAN BERNARDINO
     ALI    ODEH                                                              Case No.2      CIVDS 1 823772
                                                                              [Honorable Judge John                  M Pacheco
                            Plaintiff,
                                                                              Department S3 I]

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               VS.
                                                                              NOTICE AND MOTION FOR LEAVE
11                                                                            TO WITHDRAW AND AMENDMENT
                                                                              OF DEEMED ADMISSIONS OR IN THE
12   LYNGLADEN SILAGAN—FERNANDEZ, DDS                                   9     ALTERNATIVE TO SET ASIDE ORDER
     KINGSLY DENTISTRY, ET. AL                                                DEEMING REQUEST FOR
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                                                                              ADMISSIONS ADMITTED
                           Defendants.
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                                                                              Filed Concurrently Herewith:
15                                                                            1.   Declaration 0f Ali              Odeh
                                                                              2.    [Proposed] Order
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                                                                              Motion    for     Leave        t0   Amend:
                                                                              Date:        November           6,   2023
18                                                                            Time:        8:30    AM
                                                                              Dept:        S3 1
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               TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD:
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               PLEASE TAKE NOTICE that on November 6,                              2023,   at   8:30 a.m., or as soon thereafter
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     as the matter     may be   heard in Department S31 of the above-entitled Court, located                               at   247 West
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     Third Street San Bernardino, 92415, Plaintiff Ali                      Odeh   (“Plaintiff”), will            and hereby does move
28   this   Court for an order:

                                                                    1


       PLAINTIFF’S      MOTION FOR LEAVE TO WITHDRAW AND AMENDMENT OF DEEMED ADMISSIONS OR IN THE
                     ALTERNATIVE TO SET ASIDE ORDER DEEMING REQUEST FOR ADMISSIONS ADMITTED

                                                            CASE NO. CIVDS 1 823772
                                         ODEH, ETAL.   V.   LYNGLADEN FERNANDEZ, DDS,             ET.   AL
               1)   Granting Plaintiff’ s Motion to Withdraw and                  Amend the Requests previously deemed
                    admitted, pursuant t0       Code 0f Civil Procedure §2033.300,                or in the alternative,

              2)     Setting aside or modifying          its   prior Order    Deeming Requests          for   Admissions     in this

                    action admitted pursuant to              Code of Civil Procedure §2033.280.

              This motion     is    brought on the grounds            that:


              The deemed admissions            are regarding a         phony ‘Informed Consent            for   Root Canal

              Treatment form on which Defendants, or each of them, forged                             Plaintiff’ s signature;


               1)    Any   failure to timely     respond to the relevant Requests for Admissions was due to

                     mistake, inadvertence, and excusable neglect 0n the part 0f Counsel.                          Code of Civil

                     Procedure §2033.300;

10             2)    Pursuant t0 C.C.P. §2033.280, Plaintiff served verified responses t0 the Requests for

11                   Admissions before the September                  19,   2019 hearing ordering Defendant Ringo

12                   Bangalan’s Request for Admissions                  Deemed Admitted.
              This Motion      is   further based   on       this   Notice 0f Motion and Motion, the attached
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     Memorandum of Points and Authorities                     in support thereof, the declaration          of Ali Odeh filed
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     concurrently herewith, as well as such other oral argument as                     may be presented           at the   hearing 0f
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     this   Motion.
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     DATED:         October   9,   2023                                              ALI   ODEH
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                                                                                      x1152   £19m
                                                                                     Plaintiff,   pro se

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       PLAINTIFF’S     MOTION FOR LEAVE TO WITHDRAW AND AMENDMENT OF DEEMED ADMISSIONS OR IN THE
                    ALTERNATIVE TO SET ASIDE ORDER DEEMING REQUEST FOR ADMISSIONS ADMITTED

                                                             CASE NO. CIVDS 1 823772
                                          ODEH, ETAL.   V.   LYNGLADEN FERNANDEZ, DDS,     ET.   AL