Preview
Electronically Filed
1234567009
Scott A. Ginns, Esquire - SBN 131910 2/24/2021 11:48 AM
Carlos M. Ambriz, Esquire - SBN 210130
Superior Court of California
CASSEL GINNS
A Professional Law Corporation County of Stanislaus
1540 W. Kettleman Lane, Suite D Clerk of the Court
Lodi, California 95242-9291 By: Joshua Teixeira, Deputy
Telephone: 1(209) 320-8900
Facsimile: (209) 366-2415 $60 PAID
Attorneys for Defendant
GREGORY C. TESLUK, M.D.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF STANISLAUS
Unlimited Jurisdiction
10 CHARLES D. SANDERS, ) Case No.: CV~21~000439
)
11 Plaintiff, ) NOTICE 0F MOTION AND MOTION
V. ) OF DEFENDANT GREGORY c.
l2 ) TESLUK, M.D., TO STRIKE PORTIONS
GREGORY C. TESLUK, M.D., ) OF PLAINTIFF’S COMPLAINT FOR
13 ) DAMAGES; MEMORANDUM OF
Defendant. ) POINTS AND AUTHORITIES IN
l4 ) SUPPORT OF MOTION;
DECLARATION OF CARLOS M.
15 AMBRIZ [C.C.P. §§ 435 & 436]
16 Date: April 7, 2021
Time: 8:30 am.
17 Department: 23
18 Complaint Filed: February 26, 2020
Assigned Judge: John D. Freeland
l9 Trial Date: Not Assigned
20 DEMURRER ACCOMPANIES THIS
MOTION TO STRIKE
21
22 T0: CHARLES D. SANDERS, IN PRO PER, AND TO ALL PARTIES AND THEIR
ATTORNEYS OF RECORD HEREIN:
23
24 NOTICE IS HEREBY GIVEN that on April 7, 2021, at 8:30 a.m., or as soon thereafter as the
25 matter may be heard in Department 23, of the above entitled Court, located at 801 10‘“ Street,
26 Modesto, Califomia 95354, defendant GREGORY C. TESLUK, M.D., (hereinafter “defendant”),
27 will move this Court for an order striking the following words and phrases contained in plaintiff’s
28 Complaint:
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF ’S COMPLAINT
1 00140803.WPD
1234567009 l. At page 3, paragraph 14 a., subparagraph (2), the prayer for: “punitive damages”.
2. At page 3, paragraph 14 a., subparagraph (2), for damages: “in the amount of
$250,000.”
This motion is made pursuant to Code of Civil Procedure sections 435, 436(a) and (b) and
431 .10(b) and (c) on the following grounds:
(1) As to Item 1 above: As against this defendant, plaintiffs prayer for punitive damages
is a demand for judgment requesting relief not supported by the allegations of the complaint insofar
as plaintiff’s claim therefor is improper material not drawn or filed in conformity with the laws of
this state insofar as it is made without the court’s prior approval in Violation of Code of Civil
10 Procedure section 425 .13.
11 (2) As to Item 2 above: These words, which state the amount of plaintiffs damages
12 claim, are not drawn in conformity with Code of Civil Procedure section 425.10(b), which prohibits
l3 the stating of damage claim amounts in personal injury complaints, and should be stricken on that
14 ground.
15 This motion will be made and based upon this notice, the accompanying memorandum of
16 points and authorities supporting this motion, the supporting declaration of Carlos M. Ambriz, the
17 records and papers filed herein, and upon such oral and documentary evidence as may be presented
18 before or at the time of the hearing.
19 PLEASE TAKE FURTHER NOTICE of the following pursuant to Stanislaus County
20 Superior Court Local Rules:
21 Tentative rulings will be issued on law and motion matters the Court
day prior to the hearing date. Tentative rulings can be accessed on the
22 Internet at www.stanct.org after 1:30 pm. You may request a hearing
by calling the caiendar line at (209) 530—3162 or the main line at (209)
23 530-3100, prior to 4:00 p.m. —
OR—by e-mailing at
civil.tentatives@stanct.org. E-mail requests must be made prior to
24 4: 00 p. m. AND confirmed by return e-mail. If you do not receive
confirmation e-mail from the clerk, you MUST call (209) 530-3162 to
25 request your hearing.
26 DATED: February L2. , 2021 CASSEL GINNS, A Professional Law Corporation
27 y.C/l\/l/)/
Carlos M. Ambriz
28 Attomeys for Defendant
GREGORY C. TESLUK, M.D.
NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT
2 oomosoawpu
1234 PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN
I am employed in the County of San Joaquin, State of California. I am over the age of 18
and not a party to the within action. My business address is 1540 W. Kettleman Lane, Suite D, Lodi,
567
California 95242.
On February
Zffi , 2021, I served the following:
NOTICE OF MOTION AND MOTION OF DEFENDANT GREGORY C. TESLUK,
M.D., T0 STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT FOR DAMAGES;
009
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION;
DECLARATION OF CARLOS M. AMBRIZ [C.C.P. §§ 435 & 436]
10
ll X By enclosing a true copy thereof in an appropriate sealed envelope, addressed to each
interested party as stated on the attached mailing list.
12
BY U.S. MAIL:
13
I deposited each such sealed envelope, with postage thereon fully prepaid, in the United
14 States mail at Lodi, California.
15 X Pursuant to ordinary business practice, I caused said envelope to be collected and placed for
deposit1n the United States Postal Service at Lodi, California. I am readily familiar with
16 the firm' s practice for the collection and processing of correspondence for mailing. Itls
collected and deposited with the United States Postal Service, with postage thereon fully
17 prepaid, on the same day in the ordinary course of business.
18 BY UNITED PARCEL SERVICE:
19 I deposited each sealed United Parcel Service envelope for overnight delivery, with United
Parcel Service delivery fees fully prepaid or provided for, in a United Parcel Service
20 depository at Lodi, California.
21 BY ELECTRONIC SERVICE:
22 By e—mail on each of the following interested parties as shown on the attached mailing list.
23 Executed on February all ,2021, at Lodi, California.
24 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.
25
26
27
\ email
DEBfiRAH GREEN
we
28
Proof of Service
Attachment - Mailing List
SANDERS v. TESLUK
Superior Court of California, County of Stanislaus
Case N0.: CV-21-000439
LEGAL MAIL
CHARLES D. SANDERS
Mid City #3 .
3745 S. Grand Avenue
Los Angeles, CA 90007
Phone: (251) 303-7742
10
Plaintiff in propria persona
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l6
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00139253.WPD
Preview
Electronically Filed 1234567009 Scott A. Ginns, Esquire - SBN 131910 2/24/2021 11:48 AM Carlos M. Ambriz, Esquire - SBN 210130 Superior Court of California CASSEL GINNS A Professional Law Corporation County of Stanislaus 1540 W. Kettleman Lane, Suite D Clerk of the Court Lodi, California 95242-9291 By: Joshua Teixeira, Deputy Telephone: 1(209) 320-8900 Facsimile: (209) 366-2415 $60 PAID Attorneys for Defendant GREGORY C. TESLUK, M.D. SUPERIOR COURT OF CALIFORNIA COUNTY OF STANISLAUS Unlimited Jurisdiction 10 CHARLES D. SANDERS, ) Case No.: CV~21~000439 ) 11 Plaintiff, ) NOTICE 0F MOTION AND MOTION V. ) OF DEFENDANT GREGORY c. l2 ) TESLUK, M.D., TO STRIKE PORTIONS GREGORY C. TESLUK, M.D., ) OF PLAINTIFF’S COMPLAINT FOR 13 ) DAMAGES; MEMORANDUM OF Defendant. ) POINTS AND AUTHORITIES IN l4 ) SUPPORT OF MOTION; DECLARATION OF CARLOS M. 15 AMBRIZ [C.C.P. §§ 435 & 436] 16 Date: April 7, 2021 Time: 8:30 am. 17 Department: 23 18 Complaint Filed: February 26, 2020 Assigned Judge: John D. Freeland l9 Trial Date: Not Assigned 20 DEMURRER ACCOMPANIES THIS MOTION TO STRIKE 21 22 T0: CHARLES D. SANDERS, IN PRO PER, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 23 24 NOTICE IS HEREBY GIVEN that on April 7, 2021, at 8:30 a.m., or as soon thereafter as the 25 matter may be heard in Department 23, of the above entitled Court, located at 801 10‘“ Street, 26 Modesto, Califomia 95354, defendant GREGORY C. TESLUK, M.D., (hereinafter “defendant”), 27 will move this Court for an order striking the following words and phrases contained in plaintiff’s 28 Complaint: NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF ’S COMPLAINT 1 00140803.WPD 1234567009 l. At page 3, paragraph 14 a., subparagraph (2), the prayer for: “punitive damages”. 2. At page 3, paragraph 14 a., subparagraph (2), for damages: “in the amount of $250,000.” This motion is made pursuant to Code of Civil Procedure sections 435, 436(a) and (b) and 431 .10(b) and (c) on the following grounds: (1) As to Item 1 above: As against this defendant, plaintiffs prayer for punitive damages is a demand for judgment requesting relief not supported by the allegations of the complaint insofar as plaintiff’s claim therefor is improper material not drawn or filed in conformity with the laws of this state insofar as it is made without the court’s prior approval in Violation of Code of Civil 10 Procedure section 425 .13. 11 (2) As to Item 2 above: These words, which state the amount of plaintiffs damages 12 claim, are not drawn in conformity with Code of Civil Procedure section 425.10(b), which prohibits l3 the stating of damage claim amounts in personal injury complaints, and should be stricken on that 14 ground. 15 This motion will be made and based upon this notice, the accompanying memorandum of 16 points and authorities supporting this motion, the supporting declaration of Carlos M. Ambriz, the 17 records and papers filed herein, and upon such oral and documentary evidence as may be presented 18 before or at the time of the hearing. 19 PLEASE TAKE FURTHER NOTICE of the following pursuant to Stanislaus County 20 Superior Court Local Rules: 21 Tentative rulings will be issued on law and motion matters the Court day prior to the hearing date. Tentative rulings can be accessed on the 22 Internet at www.stanct.org after 1:30 pm. You may request a hearing by calling the caiendar line at (209) 530—3162 or the main line at (209) 23 530-3100, prior to 4:00 p.m. — OR—by e-mailing at civil.tentatives@stanct.org. E-mail requests must be made prior to 24 4: 00 p. m. AND confirmed by return e-mail. If you do not receive confirmation e-mail from the clerk, you MUST call (209) 530-3162 to 25 request your hearing. 26 DATED: February L2. , 2021 CASSEL GINNS, A Professional Law Corporation 27 y.C/l\/l/)/ Carlos M. Ambriz 28 Attomeys for Defendant GREGORY C. TESLUK, M.D. NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT 2 oomosoawpu 1234 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN I am employed in the County of San Joaquin, State of California. I am over the age of 18 and not a party to the within action. My business address is 1540 W. Kettleman Lane, Suite D, Lodi, 567 California 95242. On February Zffi , 2021, I served the following: NOTICE OF MOTION AND MOTION OF DEFENDANT GREGORY C. TESLUK, M.D., T0 STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT FOR DAMAGES; 009 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION; DECLARATION OF CARLOS M. AMBRIZ [C.C.P. §§ 435 & 436] 10 ll X By enclosing a true copy thereof in an appropriate sealed envelope, addressed to each interested party as stated on the attached mailing list. 12 BY U.S. MAIL: 13 I deposited each such sealed envelope, with postage thereon fully prepaid, in the United 14 States mail at Lodi, California. 15 X Pursuant to ordinary business practice, I caused said envelope to be collected and placed for deposit1n the United States Postal Service at Lodi, California. I am readily familiar with 16 the firm' s practice for the collection and processing of correspondence for mailing. Itls collected and deposited with the United States Postal Service, with postage thereon fully 17 prepaid, on the same day in the ordinary course of business. 18 BY UNITED PARCEL SERVICE: 19 I deposited each sealed United Parcel Service envelope for overnight delivery, with United Parcel Service delivery fees fully prepaid or provided for, in a United Parcel Service 20 depository at Lodi, California. 21 BY ELECTRONIC SERVICE: 22 By e—mail on each of the following interested parties as shown on the attached mailing list. 23 Executed on February all ,2021, at Lodi, California. 24 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 25 26 27 \ email DEBfiRAH GREEN we 28 Proof of Service Attachment - Mailing List SANDERS v. TESLUK Superior Court of California, County of Stanislaus Case N0.: CV-21-000439 LEGAL MAIL CHARLES D. SANDERS Mid City #3 . 3745 S. Grand Avenue Los Angeles, CA 90007 Phone: (251) 303-7742 10 Plaintiff in propria persona 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 00139253.WPD