Motion,Ex Parte: Doe, Jane vs. Monterey Pain Treatment Medical Center, Inc et al

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F Superior Court of California F
STEVEN M. MCKINLEY, Bar No. 195526

NICHOLAS J. LEONARD, Bar No. 260322
LOW McKINLEY & SALENKO, LLP L L
2150 River Plaza Drive, Suite 250 2/18/2021

Sacramento, CA 95833 E E
Telephone: (916) 231-2400 D D
Facsimile: (916) 231-2399 By Deputy

| County of Butte |

Kimberly Flener, Clerk
a)

Electronically FILED

Attorneys for Defendants ANNAMALAI ASHOKAN and
MONTEREY PAIN TREATMENT MEDICAL CENTER,
INC.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE

JANE DOE, Case No.: 20CV02179

Plaintiff, NOTICE OF MOTION AND MOTION TO
STRIKE PLAINTIFF’S COMPLAINT

vs.
DATE: March 24, 2021
TIME: 9:00 a.m.
DEPT: TBA

MONTEREY PAIN TREATMENT
MEDICAL CENTER, INC.; ANNAMALAI
ASHOKAN; AND DOES 1-100,
INCLUSIVE,

Defendants.

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on the date and time indicated above, Defendants
ANNAMALAI ASHOKAN and MONTEREY PAIN TREATMENT MEDICAL CENTER,
INC., will move this Court for an Order striking the following improper and irrelevant portions
of the Complaint:

e “History of Misconduct” section (pp. 4:24-11:11);
e Medical Board investigation section (pp. 12:27-14:3);

e Police investigation section (pp. 12:11-26); and

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NOTICE OF MOTION10

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e Prayers for attorney fees under Civil Code section 1708.5, which are not allowed:

o “90. Plaintiff has also been required to expend attorney fees to pursue her rights
under Civil Code section 1708.5, and requests that she be awarded all attorney
fees and costs reasonably required to pursue her claims pursuant to Civil Code
section 1708.5.” (Complaint, pp. 22:18-20.)

o “1708.5(b) and (c);” (Complaint, pp. 49:1.)

This motion will be based on this Notice of Motion and Motion, the Memorandum of
Points and Authorities attached hereto, the supporting declarations, and such oral and
documentary evidence as may be presented at the time the motion is heard.
Tentative rulings on law and motion matters will be available on
the Court’s website at www.buttecourt.ca.gov and by telephone at
(530) 532-7022 by 3 p.m. on the court day preceding the hearing.
Appearances are not required. You need not appear unless
instructed to do so. If you do wish to have oral argument, you
must so notify the court and opposing counsel by 4:00 p.m. on the
day before the hearing. The court telephone number is 530 532-
7125 for Judge Candela’s calendar, and 530 532-7129 for Judge
Benson’s calendar. Absent oral argument, the tentative rulings
will become the ruling on the motion. If you wish to appear
telephonically, contact Court Call at (888) 882-6878. (Cal. Rules
of Court 3.1308(a).)
Dated: February 18, 2021

LOW McKINLEY & SALENKO, LLP
By
NICHOLAS J. LEONARD

MOTION TO STRIKE THE COMPLAINT
Defendants ANNAMALAI ASHOKAN and MONTEREY PAIN TREATMENT
MEDICAL CENTER, INC. move to strike the following irrelevant and improper portions of the
Complaint:

e “History of Misconduct” section (pp. 4:24-11:11);

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NOTICE OF MOTION10

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Dated:

Medical Board investigation section (pp. 12:27-14:3);
Police investigation section (pp. 12:11-26); and
Prayers for attorney fees under Civil Code section 1708.5, which are not allowed:

o “90. Plaintiff has also been required to expend attorney fees to pursue her rights
under Civil Code section 1708.5, and requests that she be awarded all attorney
fees and costs reasonably required to pursue her claims pursuant to Civil Code
section 1708.5.” (Complaint, pp. 22:18-20.)

o “1708.5(b) and (c);” (Complaint, pp. 49:1.)

February 18, 2021

LOW McKINLEY & SALENKO, LLP
By

NICHOLAS J. LEONARD

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NOTICE OF MOTION