Nature of Proceedings: Motion Strike

Motion to Strike Portions of Complaint

Ruling:

For the reasons set forth herein, the motion of defendants Boris Zak, Boris Zak, D.D.S., Inc., and Boris Zak D.D.S., a dental corporation, is granted, with leave to amend, to strike paragraphs 59, 60, and 80, and paragraph 3 of the prayer, of plaintiff�s complaint. Plaintiff Garrett Burkhart shall file and serve his first amended complaint on or before August 20, 2014.

Background:

Defendant Boris Zak is the owner and operator of defendant Boris Zak D.D.S., Inc., which does business as Sea Breeze Dental Care (Sea Breeze), and of defendant Boris Zak D.D.S., a dental corporation. (Complaint, � 2.)

Plaintiff Garrett Burkhart was employed by Sea Breeze as a dentist on a six month contract starting on June 17, 2013. (Complaint, � 15.) Burkhart was to be paid $300 for his work on June 17, 2013, and at a daily rate of $450 until August 1, 2013, and thereafter at a daily rate of $500. (Complaint, � 16.)