On September 11, 2018 a
Order
was filed
involving a dispute between
Bradbury D.D.S., Michael G,
Bradbury, Rhonda,
Odeh, Ali,
and
Cohan, Kat,
Odeh, Ali,
Fernandez D.D.S, Lyngladen,
Fernandez Dds, Lyngladen,
Kingsley Dentistry,
Kingsly Dentistry,
Lyngadlen Fernandez Dds,
Lyngladen Fernandez D.D.S.,
Ringo Bangalan Dds,
Silagan-Fernandez D.D.S., Lyngadlen,
Suarez-Fernandez Dentistry,
Suarez Fernandez Dentistry And Ringo Bangalan, Dds,
for Medical Malpractice Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
Ali Odeh
10/11/2023 6-23 PM
14167 Flamingo Bay Ln.
Moreno Valley, California 92553 By: Gloria PortiIIo, DEPUTY
Telephone: (815) 600—2550
E-Mail: AJ0275@vahoo.com
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
ALI ODEH Case N0.: CIVD81823772
. _
[Honorable Judge John Pacheco M
Plamtlffa Department S3 I]
10
VS.
DECLARATION OF ALI ODEH IN
11
SUPPORT OF MOTION TO SET
ASIDE AND VACATE SUMMARY
12 LYNGLADEN SILAGAN—FERNANDEZ, DDS; JUDGMENT ENTERED 0N
KINGSLY DENTISTRY, ET. AL DECEMBER 2, 2020 AND T0 SET
13
NEW TRIAL
Defendants.
14
15 Motion t0 Set Aside and Vacate Hearing:
Date: November 6, 2023
16
Time: 8:30 AM
17
Dept: S3 1
18
19
20
21 I, ALI ODEH, declare as follows:
22 1. I am Plaintiff, pro se, in the above-entitled action. I submit this Declaration in
connection with the concurrently filed Motion to Set Aside and Vacate Summary Judgment
23
Entered On December 2, 2020 and t0 Set a New Trial.
24
2. Ibring this Motion to set aside the summary judgment entered in favor of
25
Defendant Ringo Bangalan based on personal knowledge and information realized in October
26
202 1 ,
that Defendant conspired with co-Defendants Lyngladen Fernandez and Kingsly
27
Dentistry t0 forge my signature 0n an Informed Consent for Root Canal Treatment form and
28 compromised my medical records t0 cover up the fact that Defendant Bangalan had performed
1
DECLARATION OF ALI ODEH IN SUPPORT OF MOTION TO SET ASIDE AND VACATE SUMMARY JUDGMENT
AND TO SET NEW TRIAL
CASE NO. CIVDS 823772
1
ODEH, ET AL. V. LYNGLADEN FERNANDEZ, DDS, ET. AL
a root canal procedure during my March 28, 2018 appointment without my consent or
knowledge.
3. On 0r about August 19, 2020, I became informed that Defendant Bangalan had
set a hearing 0n a motion for summary judgment for November 2, 2020. On or about this time,
Ibecame aware that persons or entities had forged my signature 0n the Informed Consent for
Root Canal Treatment (“Phony Consent Form”).
4. On 0r about January 13, 2021, this Court ordered an investigation 0f the forgery
0f the Phony Consent Form With the parties to coordinate efforts in the selection of experts. At
the direction 0f the court, the experts hired to conduct this investigation were handwriting
expert, Mr. Bart Baggett, and metadata expert, Matthew Albee. Mr. Baggett determined that the
10 signature contained on the Phony Consent Form was not my authentic signature imprinted by
11 me. Mr. Albee determined that there was n0 consent for the root canal form containing my
12 signature located 0n Defendant Kingsly Dentistry’s workstation or servers. Mr. Albee
13
concluded his investigation in October 2021 (11 months after the summary judgment ruling). A
true and correct copy 0f these expert declarations/reports are attached hereto as Exhibit “A”.
14
This exhibit also includes a copy of the Court’s order allowing the inspections.
15
5. Defendant Bangalan incorporated the Phony Consent Form into his request for
16
admissions (“RFA”), particularly in RFA N0. 5, and as attached to RFA No. 6. A true and
17
correct copy 0f Defendant Bangalan’s RFAs is attached hereto as Exhibit “B”.
18
6. After the court ordered deemed admission of the RFAs, 0n 0r about December 2,
19 2020, Defendant Bangalan used the same Phony Consent Form to support his motion for
20 summary judgment subj ect to this instant Motion to set aside and vacate. The Phony Consent
21 Form included Defendant Bangalan’s disputed material facts as “exhibitE” 0f that document. A
true and correct copy 0f Defendant’s memorandum of points and authorities in support for
22
summary judgment, separate volume of documentary evidence, and pertinent exhibitE thereto, is
23
attached hereto as Exhibit “C”.
24
7. The Court granted Defendant Bangalan’s motion for summary judgment on
25
December 2, 2020. The Court’s ruling regarding the Battery count noted that “...it is also
26
undisputed that Plaintiflsigned informed consent documentsfor local anesthesia, composite
27
fillings, and root canal treatment [DMF 9; Exh. E, Banaglan ’s
RFAS, 2:22-3:8] ”. A true and
28 correct copy 0f the Court’s ruling is attached hereto as Exhibit “D”. This basis for the ruling is
2
DECLARATION OF ALI ODEH IN SUPPORT OF MOTION TO SET ASIDE AND VACATE SUMMARY JUDGMENT
AND TO SET NEW TRIAL
CASE NO. CIVDS 823772 1
ODEH, ET AL. V. LYNGLADEN FERNANDEZ, DDS, ET. AL
Document Filed Date
October 11, 2023
Case Filing Date
September 11, 2018
Category
Medical Malpractice Unlimited
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT Ali Odeh 10/11/2023 6-23 PM 14167 Flamingo Bay Ln. Moreno Valley, California 92553 By: Gloria PortiIIo, DEPUTY Telephone: (815) 600—2550 E-Mail: AJ0275@vahoo.com SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO ALI ODEH Case N0.: CIVD81823772 . _ [Honorable Judge John Pacheco M Plamtlffa Department S3 I] 10 VS. DECLARATION OF ALI ODEH IN 11 SUPPORT OF MOTION TO SET ASIDE AND VACATE SUMMARY 12 LYNGLADEN SILAGAN—FERNANDEZ, DDS; JUDGMENT ENTERED 0N KINGSLY DENTISTRY, ET. AL DECEMBER 2, 2020 AND T0 SET 13 NEW TRIAL Defendants. 14 15 Motion t0 Set Aside and Vacate Hearing: Date: November 6, 2023 16 Time: 8:30 AM 17 Dept: S3 1 18 19 20 21 I, ALI ODEH, declare as follows: 22 1. I am Plaintiff, pro se, in the above-entitled action. I submit this Declaration in connection with the concurrently filed Motion to Set Aside and Vacate Summary Judgment 23 Entered On December 2, 2020 and t0 Set a New Trial. 24 2. Ibring this Motion to set aside the summary judgment entered in favor of 25 Defendant Ringo Bangalan based on personal knowledge and information realized in October 26 202 1 , that Defendant conspired with co-Defendants Lyngladen Fernandez and Kingsly 27 Dentistry t0 forge my signature 0n an Informed Consent for Root Canal Treatment form and 28 compromised my medical records t0 cover up the fact that Defendant Bangalan had performed 1 DECLARATION OF ALI ODEH IN SUPPORT OF MOTION TO SET ASIDE AND VACATE SUMMARY JUDGMENT AND TO SET NEW TRIAL CASE NO. CIVDS 823772 1 ODEH, ET AL. V. LYNGLADEN FERNANDEZ, DDS, ET. AL a root canal procedure during my March 28, 2018 appointment without my consent or knowledge. 3. On 0r about August 19, 2020, I became informed that Defendant Bangalan had set a hearing 0n a motion for summary judgment for November 2, 2020. On or about this time, Ibecame aware that persons or entities had forged my signature 0n the Informed Consent for Root Canal Treatment (“Phony Consent Form”). 4. On 0r about January 13, 2021, this Court ordered an investigation 0f the forgery 0f the Phony Consent Form With the parties to coordinate efforts in the selection of experts. At the direction 0f the court, the experts hired to conduct this investigation were handwriting expert, Mr. Bart Baggett, and metadata expert, Matthew Albee. Mr. Baggett determined that the 10 signature contained on the Phony Consent Form was not my authentic signature imprinted by 11 me. Mr. Albee determined that there was n0 consent for the root canal form containing my 12 signature located 0n Defendant Kingsly Dentistry’s workstation or servers. Mr. Albee 13 concluded his investigation in October 2021 (11 months after the summary judgment ruling). A true and correct copy 0f these expert declarations/reports are attached hereto as Exhibit “A”. 14 This exhibit also includes a copy of the Court’s order allowing the inspections. 15 5. Defendant Bangalan incorporated the Phony Consent Form into his request for 16 admissions (“RFA”), particularly in RFA N0. 5, and as attached to RFA No. 6. A true and 17 correct copy 0f Defendant Bangalan’s RFAs is attached hereto as Exhibit “B”. 18 6. After the court ordered deemed admission of the RFAs, 0n 0r about December 2, 19 2020, Defendant Bangalan used the same Phony Consent Form to support his motion for 20 summary judgment subj ect to this instant Motion to set aside and vacate. The Phony Consent 21 Form included Defendant Bangalan’s disputed material facts as “exhibitE” 0f that document. A true and correct copy 0f Defendant’s memorandum of points and authorities in support for 22 summary judgment, separate volume of documentary evidence, and pertinent exhibitE thereto, is 23 attached hereto as Exhibit “C”. 24 7. The Court granted Defendant Bangalan’s motion for summary judgment on 25 December 2, 2020. The Court’s ruling regarding the Battery count noted that “...it is also 26 undisputed that Plaintiflsigned informed consent documentsfor local anesthesia, composite 27 fillings, and root canal treatment [DMF 9; Exh. E, Banaglan ’s RFAS, 2:22-3:8] ”. A true and 28 correct copy 0f the Court’s ruling is attached hereto as Exhibit “D”. This basis for the ruling is 2 DECLARATION OF ALI ODEH IN SUPPORT OF MOTION TO SET ASIDE AND VACATE SUMMARY JUDGMENT AND TO SET NEW TRIAL CASE NO. CIVDS 823772 1 ODEH, ET AL. V. LYNGLADEN FERNANDEZ, DDS, ET. AL