On September 11, 2018 a
Motion,Ex Parte
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
Thomas R. Bradford, Esq., Bar No.: 110230
Sherry Gregorio, Esq., Bar No.: 263856
Irene A. Yousefi, Esq., Bar No.: 328432 ELECTRONICALLY FILED (Auto)
PETERSON, BRADFORD, BURKWITZ SUPERIOR COURT OF CALIFORI‘
GREGORIO, BURKWITZ & SU, LLP COUNTY OF SAN BERNARDINO
10/1 8/2023 4:57 PM
100 North First Street, Suite 300
Burbank, California 91502
T: 818.562.5800
(DmNQCfl-h-OJNA
F: 818.562.5810
Attorneys for Specially Appearing Defendant,
RINGO BANGALAN, D.D.S.
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Ali Odeh Case No.: CIVDS1823772
Assigned to the Honorable: John M. Pacheco
Plaintiff, [Dept 831]
LLP
300
BURKWITZ, VS.
SU,
Suite
91502 SPECIALLY APPEARING DEFENDANT RINGO
& Lyngadlen Fernandez; DDS; Suarez-Femandez BANGALAN, D.D.S’S OPPOSiTION T0 PLAINTIFF
Dentistry and Ringo Bangalan, DDS ALI ODEH”S MOTION FOR LEAVE TO AMEND
818.562.5800
Street,
BRADFORD.
BURKWITZ
California
THE COMPLAINT AND TO INCLUDE
First
Defendants. ALLEGATIONS IN SUPPORT OF CLAIMS FOR
PUNITIVE DAMAGES; MEMORANDUM OF
POINTS AND AUTHORITIES
Telephone
Burbank.
Nonh
GREGORIO,
PETERSON,
100 NNNNNNNNNdA-A-A—k—k—A—x—A—x
Date: October 31, 2023
mNmmAwN—sommNmmAWNv-AO
Time: 8:30 a.m.
Dept: 831
Complaint Filed: September 11, 2018
Trial Date: January 9, 2024
Specially appearing, Defendant, Ringo Bangalan, D.D.S (“Dr. Bangalan”) hereby opposes Plaintiff Ali
Odeh’s (“Plaintiff”) Motion for Leave to Amend the Complaint and to include allegations in support of claims
for punitive damages.
///
///
///
1
SPECIALLY APPEARING DEFENDANT RINGO BANGALAN, D.D.S’S OPPOSITION TO PLAINTIFF A_Ll ODEH”S
MOTION FOR LEAVE TO AMEND THE COMPLAINT AND TO INCLUDE ALLEGATIONS IN SUPPORT 0F
CLAIMS FOR PUNITIVE DAMAGES; MEMORANDUM OF POINTS AND AUTHORITIES
MEMORANDUM 0F POINTS AND AUTHORITIES
l. INTRODUCTION
Dr. Bangalan and his attorneys of record are making special appearances because Plaintiff has
continued to abuse the legal system despite Dr. Bangalan’s dismissal from the current proceedings. The case
(DmNmtfi-th—A
against Dr. Bangalan has already been decided via his Motion for Summary Judgment, and not only is there
an enforceable court decision on this matter, but Plaintiff’s appeal disagreeing with that decision was also
dismissed.
Plaintiff’s Motion for Leave to Amend the Complaint (“Plaintiff’s Motion”) is jurisdictionally barred,
procedurally deficient, distorts some "facts” while actively misstating others, and must be denied. Furthermore,
even assuming, arguendo, that Plaintiff’s Motion couid be entertained by this Court, Plaintiff’s Motion is entirely
deficient and must be denied on this basis.
Although Plaintiff’s Motion argues that there is no prejudice to Dr. Bangalan, the fact Dr. Banagalan
LLP
300
BURKWITZ.
SU,
has already been dismissed from these proceedings, and now Plaintiff seeks to include Dr. Banagalan as a
91502
Suite
&
818.562.5800
defendant with additional causes of action, is, in fact, prejudicial.
Street,
California
BRADFORD,
BURKWITZ
For reasons enumerated below, Dr. Bangalan respectfully requests this Court deny Plaintiff’s Motion
First
Telephone
for Leave to Amend his Complaint.
Burbank.
North
PETERSON,
GREGORIO.
ll. PROCEDURAL POSTURE
100
a) Dr. Bangalan’s Motion for Summary Judgment
mflmm-bWNAOQmNmm-hCHN-‘O
NNNNNNNNN—x—x—LAAAAAAA
On February 24, 2021, the Honorable Judge Wilfred J. Schneider, Jr., entered judgment in favor of Dr.
Bangalan and against Plaintiff. (See Declaration of Irene Yousefi, (“Yousefi Decl.”) para 2; see also mm:
Notice of Entry of Judgment.) On December 3, 2020, prior to the entry of judgment, Plaintiff filed a Notice of
Appeal, and on March 23, 2022, the Appeal was dismissed. (Yousefi Decl. para 3; see also Exhibit B: Civil
Case information Sheet; see also W: Dismissal.) As explained below, final judgment as to the litigation
between Dr. Bangalan and Plaintiff has been entered, and as a result, the litigation between Dr. Bangalan and
Plaintiff has been terminated. Thus, Plaintiff’s Motion for Leave to Amend the Complaint must be denied.
b) Plaintiff’s Request for Punitive Damages is Untimely
On June 19, 2019, via the Court’s ruling on Dr. Bangalan’s Motion to Strike, and on September 23,
2019, via the Court’s ruling on Plaintiffs Motion for Sanctions, the Honorable Judge Wilfred J. Schneider Jr.
2
SPECIALLY APPEARING DEFENDANT RINGO BANGALAN, D.D.S’S OPPOSITION T0 PLAINTIFF ALI ODEH”S
MOTION FOR LEAVE TO AMEND THE COMPLAINT AND TO INCLUDE ALLEGATIONS IN SUPPORT OF
CLAlMS FOR PUNITIVE DAMAGES; MEMORANDUM 0F POINTS AND AUTHORITIES
Preview
Thomas R. Bradford, Esq., Bar No.: 110230 Sherry Gregorio, Esq., Bar No.: 263856 Irene A. Yousefi, Esq., Bar No.: 328432 ELECTRONICALLY FILED (Auto) PETERSON, BRADFORD, BURKWITZ SUPERIOR COURT OF CALIFORI‘ GREGORIO, BURKWITZ & SU, LLP COUNTY OF SAN BERNARDINO 10/1 8/2023 4:57 PM 100 North First Street, Suite 300 Burbank, California 91502 T: 818.562.5800 (DmNQCfl-h-OJNA F: 818.562.5810 Attorneys for Specially Appearing Defendant, RINGO BANGALAN, D.D.S. SUPERIOR COURT 0F THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO Ali Odeh Case No.: CIVDS1823772 Assigned to the Honorable: John M. Pacheco Plaintiff, [Dept 831] LLP 300 BURKWITZ, VS. SU, Suite 91502 SPECIALLY APPEARING DEFENDANT RINGO & Lyngadlen Fernandez; DDS; Suarez-Femandez BANGALAN, D.D.S’S OPPOSiTION T0 PLAINTIFF Dentistry and Ringo Bangalan, DDS ALI ODEH”S MOTION FOR LEAVE TO AMEND 818.562.5800 Street, BRADFORD. BURKWITZ California THE COMPLAINT AND TO INCLUDE First Defendants. ALLEGATIONS IN SUPPORT OF CLAIMS FOR PUNITIVE DAMAGES; MEMORANDUM OF POINTS AND AUTHORITIES Telephone Burbank. Nonh GREGORIO, PETERSON, 100 NNNNNNNNNdA-A-A—k—k—A—x—A—x Date: October 31, 2023 mNmmAwN—sommNmmAWNv-AO Time: 8:30 a.m. Dept: 831 Complaint Filed: September 11, 2018 Trial Date: January 9, 2024 Specially appearing, Defendant, Ringo Bangalan, D.D.S (“Dr. Bangalan”) hereby opposes Plaintiff Ali Odeh’s (“Plaintiff”) Motion for Leave to Amend the Complaint and to include allegations in support of claims for punitive damages. /// /// /// 1 SPECIALLY APPEARING DEFENDANT RINGO BANGALAN, D.D.S’S OPPOSITION TO PLAINTIFF A_Ll ODEH”S MOTION FOR LEAVE TO AMEND THE COMPLAINT AND TO INCLUDE ALLEGATIONS IN SUPPORT 0F CLAIMS FOR PUNITIVE DAMAGES; MEMORANDUM OF POINTS AND AUTHORITIES MEMORANDUM 0F POINTS AND AUTHORITIES l. INTRODUCTION Dr. Bangalan and his attorneys of record are making special appearances because Plaintiff has continued to abuse the legal system despite Dr. Bangalan’s dismissal from the current proceedings. The case (DmNmtfi-th—A against Dr. Bangalan has already been decided via his Motion for Summary Judgment, and not only is there an enforceable court decision on this matter, but Plaintiff’s appeal disagreeing with that decision was also dismissed. Plaintiff’s Motion for Leave to Amend the Complaint (“Plaintiff’s Motion”) is jurisdictionally barred, procedurally deficient, distorts some "facts” while actively misstating others, and must be denied. Furthermore, even assuming, arguendo, that Plaintiff’s Motion couid be entertained by this Court, Plaintiff’s Motion is entirely deficient and must be denied on this basis. Although Plaintiff’s Motion argues that there is no prejudice to Dr. Bangalan, the fact Dr. Banagalan LLP 300 BURKWITZ. SU, has already been dismissed from these proceedings, and now Plaintiff seeks to include Dr. Banagalan as a 91502 Suite & 818.562.5800 defendant with additional causes of action, is, in fact, prejudicial. Street, California BRADFORD, BURKWITZ For reasons enumerated below, Dr. Bangalan respectfully requests this Court deny Plaintiff’s Motion First Telephone for Leave to Amend his Complaint. Burbank. North PETERSON, GREGORIO. ll. PROCEDURAL POSTURE 100 a) Dr. Bangalan’s Motion for Summary Judgment mflmm-bWNAOQmNmm-hCHN-‘O NNNNNNNNN—x—x—LAAAAAAA On February 24, 2021, the Honorable Judge Wilfred J. Schneider, Jr., entered judgment in favor of Dr. Bangalan and against Plaintiff. (See Declaration of Irene Yousefi, (“Yousefi Decl.”) para 2; see also mm: Notice of Entry of Judgment.) On December 3, 2020, prior to the entry of judgment, Plaintiff filed a Notice of Appeal, and on March 23, 2022, the Appeal was dismissed. (Yousefi Decl. para 3; see also Exhibit B: Civil Case information Sheet; see also W: Dismissal.) As explained below, final judgment as to the litigation between Dr. Bangalan and Plaintiff has been entered, and as a result, the litigation between Dr. Bangalan and Plaintiff has been terminated. Thus, Plaintiff’s Motion for Leave to Amend the Complaint must be denied. b) Plaintiff’s Request for Punitive Damages is Untimely On June 19, 2019, via the Court’s ruling on Dr. Bangalan’s Motion to Strike, and on September 23, 2019, via the Court’s ruling on Plaintiffs Motion for Sanctions, the Honorable Judge Wilfred J. Schneider Jr. 2 SPECIALLY APPEARING DEFENDANT RINGO BANGALAN, D.D.S’S OPPOSITION T0 PLAINTIFF ALI ODEH”S MOTION FOR LEAVE TO AMEND THE COMPLAINT AND TO INCLUDE ALLEGATIONS IN SUPPORT OF CLAlMS FOR PUNITIVE DAMAGES; MEMORANDUM 0F POINTS AND AUTHORITIES