SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
JULIAN BARAZI, Plaintiff, vs. EMAD AMMAR, D.D.S, et al. Defendants.
CASE NO.: 19STCV37021
[TENTATIVE] ORDER RE: DEFENDANT EMAD AMMAR, D.D.S.’S DEMURRER AND MOTION TO STRIKE PLAINTIFF’S COMPLAINT
Dept. 27
1:30 p.m.
August 18, 2020
I.INTRODUCTION
On October 17, 2019 plaintiff Julian Barazi filed this action against defendant Emad Ammar, D.D.S. for medical malpractice arising from dental treatment provided on July 20, 2018. Defendant demurs to the second cause of action for res ipsa loquitur on the grounds that it fails to state a cause of action and is uncertain. Defendant also moves to strike portions of Plaintiff’s complaint.
II.LEGAL STANDARDS
Demurrer
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We tre
Hearing Date
August 18, 2020
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
JULIAN BARAZI, Plaintiff, vs. EMAD AMMAR, D.D.S, et al. Defendants.
CASE NO.: 19STCV37021
[TENTATIVE] ORDER RE: DEFENDANT EMAD AMMAR, D.D.S.’S DEMURRER AND MOTION TO STRIKE PLAINTIFF’S COMPLAINT
Dept. 27
1:30 p.m.
August 18, 2020
I.INTRODUCTION
On October 17, 2019 plaintiff Julian Barazi filed this action against defendant Emad Ammar, D.D.S. for medical malpractice arising from dental treatment provided on July 20, 2018. Defendant demurs to the second cause of action for res ipsa loquitur on the grounds that it fails to state a cause of action and is uncertain. Defendant also moves to strike portions of Plaintiff’s complaint.
II.LEGAL STANDARDS
Demurrer
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We tre