Motion,Ex Parte: ODEH -V- FERNANDEZ Print

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                                ELECTRONICALLY FILED
                                                                      SUPERIOR COURT OF CALIFORNIA
                                                                      COUNTY OF SAN BERNARDINO
                                                                      SAN BERNARDINO DISTRICT
1    Ali Odeh
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     14167 Flamingo Bay Ln.                                           10/27/2023 4:20 PM
     Moreno Valley, California 92553                                  By: Paola Iniguez Solorio, DEPUTY
3    Telephone: (815) 600-2550
     E-Mail: AJ0275@yahoo.com
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                                       SUPERIOR COURT OF CALIFORNIA
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                                         COUNTY OF SAN BERNARDINO
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     ALI ODEH                                                  Case No.: CIVDS1823772
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                                                               [Honorable Judge John M. Pacheco Dept. S31]
9                     Plaintiff,
                                                               PLAINTIFF ALI ODEH’S NOTICE OF
10                                                             MOTION AND MOTION FOR LEAVE
            vs.
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                                                               TO AMEND COMPLAINT AND TO
                                                               INCLUDE ALLEGATIONS IN
12   LYNGLADEN SILAGAN-FERNANDEZ, DDS;                         SUPPORT OF CLAIMS FOR PUNITIVE
     KINGSLY DENTISTRY, ET. AL                                 DAMAGES; MEMORANDUM OF
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                                                               POINTS AND AUTHORITIES
                      Defendants.
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                                                               [Nonidentical To Any Prior Motion for
15                                                             Leave to Amend]
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                                                                  (AMENDED NOTICE)
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                                                               Filed Concurrently Herewith:
18                                                             1. Declaration of Ali Odeh
19                                                             2. Appendix “A” – Proposed Third
                                                                   Amended Complaint
20                                                             3. [Proposed] Order Granting Leave to
                                                                   Amend
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                                                               Motion for Leave to Amend:
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                                                               Date: December 5, 2023
23                                                             Time: 8:30 AM
                                                               Dept: S31
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            TO THE COURT, ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF
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     RECORD:
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           PLEASE TAKE NOTICE that on December 5, 2023, at 8:30 a.m., or as soon thereafter as
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     the matter may be heard in Department S31 of the above-entitled Court, located at 247 West
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                        PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT

                                                   CASE NO. CIVDS1823772
                                   ODEH, ET AL. V. LYNGLADEN FERNANDEZ, DDS, ET. AL
1    Third Street San Bernardino, 92415, Plaintiff Ali Odeh (“Plaintiff”), will move the Court for an
2    Order granting leave to file a Third Amended Complaint (“TAC”) setting forth the basis for
3    fraud claims, related causes, and punitive damages against Defendants Lyngladen Fernandez,

4    DDS, Kingsly Dentistry, and Ringo Bangalan. This Motion is based upon the following:
             1.     Good cause exists to grant the instant motion because the Proposed Third
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     Amended Complaint (1) is in furtherance of justice and judicial expediency; (2) is based on
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     material facts and specific allegations as to support Defendants perpetrated a scheme of fraud
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     and forgery discovered on or about October 21, 2021, to evade their respective liabilities for
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     malpractice and performing procedures without Plaintiff’s consent; (3) will set forth fully and
9    more accurately all claims against all responsible parties; and (4) arises out of crucial facts and
10   information obtained during the course of discovery that Plaintiff Odeh’s signature was forged
11   by Defendants’ on a fabricated consent form, and implicating results of negligence from the
12   Dental Board of California.

13           2.     Plaintiff’s Proposed Third Amended Complaint is based on the same general set
     of facts as the operative Complaint on file currently; refers to the same incident that occurred
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     between March 13, 2018 and March 30, 2018; and seeks recovery for the same injuries suffered
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     by Plaintiff as alleged in the original and operative Complaint, except that when it was filed, he
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     was not aware that fraud had been committed only that he did not consent to a root canal.
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             3.     Plaintiff hereby gives further notice that Plaintiff shall request an Order that the
18   Proposed Third Amended Complaint, a blue-lined copy which is attached hereto as Appendix
19   “A”, be deemed by this Court to be the amended pleading and that it be deemed filed and
20   served of the date of the Court’s granting of Plaintiff’s Motion for Leave to Amend Complaint.
21          This Motion is further based upon all papers and pleadings on file in this action, the

22   attached Memorandum of Points and Authorities, the accompanying Declaration of Ali Odeh
     and Exhibits, and upon such further oral and documentary evidence as may be provided at the
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     time of the hearing of this Motion.
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     DATED: October 22, 2023                                         ALI ODEH
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                                                            _____________________________
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                                                                   Plaintiff, pro se

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                         PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT

                                                CASE NO. CIVDS1823772
                                ODEH, ET AL. V. LYNGLADEN FERNANDEZ, DDS, ET. AL