This case was last updated from Los Angeles County Superior Courts on 11/23/2020 at 06:02:14 (UTC).

ROYA SAGHAFI VS ACCESS SPECIALTY ANIMAL HOSPITALS, ET AL

Case Summary

On 03/13/2018 ROYA SAGHAFI filed a Property - Other Property Fraud lawsuit against ACCESS SPECIALTY ANIMAL HOSPITALS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8992

  • Filing Date:

    03/13/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiffs

SAGJAFO. ROYA

Encino, CA 91316

SAGHAFI ROYA

ROYA SAGJAFO.

Defendants

MILLS DVM. RICHARD

HADAR DVM. ELENA

STREETE DVM. STEPHAN

LOS ANGELES (ADVANCED CRITICAL CARE AND

ACCESS SPECIALTY ANIMAL HOSPITALS

BUKS DVM. YONATHAN

ACCESS SPECIALTY ANIMAL HOSPITALS WOODLAN

CITY OF ANGELES VETERINARY SPECIALTY CNTR

GEIGER DVM. JENNIFER

EATROFF DVM. ADAM

LIBERSON HOWARD

LOS ANGELES ADVANCED CRITICAL CARE AND

HADAR ELENA DMV

GATES KATHRYN BVSC

BAILEY TRISHA

BROWN SHANNON

EATROFF ADAM DVM

11 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorney

BUCKLEY TRISTRAM THOMAS

Defendant Attorneys

HARWELL LILLIAN

HARWELL LILLIAN CLAIRE

BROWN LISA J

ORTEGA ALFONSO

WALLACE GEORGE

SEPANOSIAN RENEH

 

Court Documents

Complaint - THIRD AMENDED COMPLAINT (AMENDED)

9/25/2019: Complaint - THIRD AMENDED COMPLAINT (AMENDED)

Stipulation and Order - STIPULATION AND ORDER STIPULATION AS TO OPERATIVE THIRD AMENDED COMPLAINT

10/19/2020: Stipulation and Order - STIPULATION AND ORDER STIPULATION AS TO OPERATIVE THIRD AMENDED COMPLAINT

Declaration - DECLARATION RE EXCEEDING PAGE LIMITATION BY ONE PAGE

11/25/2019: Declaration - DECLARATION RE EXCEEDING PAGE LIMITATION BY ONE PAGE

Case Management Statement

8/8/2019: Case Management Statement

Opposition - OPPOSITION TO THE DEFENDANTS' DEMURRER

8/12/2019: Opposition - OPPOSITION TO THE DEFENDANTS' DEMURRER

Order - Dismissal

8/22/2019: Order - Dismissal

Order - Dismissal

8/22/2019: Order - Dismissal

Order - Dismissal

8/22/2019: Order - Dismissal

Case Management Statement

4/9/2019: Case Management Statement

Proof of Service by Substituted Service - PROOF OF SERVICE OF SUMMONS

4/10/2019: Proof of Service by Substituted Service - PROOF OF SERVICE OF SUMMONS

Proof of Service by Substituted Service - PROOF OF SERVICE OF SUMMONS

4/10/2019: Proof of Service by Substituted Service - PROOF OF SERVICE OF SUMMONS

Proof of Personal Service

2/7/2019: Proof of Personal Service

Minute Order - Minute Order (Case Management Conference; Non-Appearance Case Review re: N...)

2/5/2019: Minute Order - Minute Order (Case Management Conference; Non-Appearance Case Review re: N...)

Motion to Quash Service of Summons

2/6/2019: Motion to Quash Service of Summons

Other - - Civil Deposit

9/7/2018: Other - - Civil Deposit

Case Management Statement

12/6/2018: Case Management Statement

Notice of Related Case

12/6/2018: Notice of Related Case

Minute Order -

9/10/2018: Minute Order -

74 More Documents Available

 

Docket Entries

  • 04/30/2021
  • Hearing04/30/2021 at 08:30 AM in Department M at 1725 Main Street, Santa Monica, CA 90401; Hearing on Motion to Strike Plaintiff's Third Amended Complaint

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  • 01/13/2021
  • Hearing01/13/2021 at 08:30 AM in Department M at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference

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  • 11/16/2020
  • DocketMotion to Strike (not initial pleading); Filed by Advanced Critical Care, Emergency and Specialty Service - Los Angeles (Defendant); Advance Critical Care, Emergency and Specialty Services - South Bay Re LLC (Defendant); Advanced Critival Care, Emergency and Specialty Service - San Fernando Valley (Defen

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  • 10/19/2020
  • Docketat 08:30 AM in Department M; Case Management Conference - Held - Continued

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  • 10/19/2020
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 10/19/2020
  • DocketStipulation and Order (Stipulation as to Operative Third Amended Complaint); Filed by ROYA SAGHAFI (Plaintiff)

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  • 10/16/2020
  • DocketCase Management Statement; Filed by Roya Saghafi (Plaintiff)

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  • 09/09/2020
  • Docketat 08:30 AM in Department P; Hearing on Motion to Strike (3rd amended complaint (Defendants)) - Not Held - Vacated by Court

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  • 09/08/2020
  • Docketat 09:00 AM in Department P; Jury Trial ((5 days)) - Not Held - Vacated by Court

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  • 08/28/2020
  • Docketat 09:00 AM in Department P; Final Status Conference - Not Held - Vacated by Court

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98 More Docket Entries
  • 09/10/2018
  • DocketMinute order entered: 2018-09-10 00:00:00; Filed by Clerk

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  • 09/10/2018
  • DocketCase Management Statement; Filed by SAGJAFO. ROYA (Plaintiff)

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  • 09/10/2018
  • DocketStatement-Case Management; Filed by Plaintiff & Plaintiff In Pro Per

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  • 09/10/2018
  • DocketReceipt; Filed by SAGJAFO. ROYA (Plaintiff)

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  • 09/07/2018
  • DocketCivil Deposit

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  • 03/13/2018
  • DocketComplaint Filed

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  • 03/13/2018
  • DocketSummons Filed; Filed by Plaintiff & Plaintiff In Pro Per

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  • 03/13/2018
  • DocketComplaint; Filed by SAGJAFO. ROYA (Plaintiff); ROYA SAGHAFI (Plaintiff)

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  • 03/13/2018
  • DocketCivil Case Cover Sheet; Filed by SAGJAFO. ROYA (Plaintiff); ROYA SAGHAFI (Plaintiff)

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  • 03/13/2018
  • DocketSummons; Filed by Plaintiff

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Tentative Rulings

Case Number: SC128992    Hearing Date: December 06, 2019    Dept: P

 

Roya Saghafi v. Advanced Critical Care et al., Case No. SC128992

Hadar, Geiger & Streete’s Demurrer to and Motion to Strike Third Amended Complaint

Hearing Date: December 6, 2019

TENTATIVE RULING

Defendants vets/animal hospital treated plaintiff’s dog, which died, allegedly due to defendants’ fraud and negligence. A demurrer to the second amended complaint was sustained for uncertainty. Defendants Elena Hadar, DVM, Jennifer Geiger, DVM and Stephanie Streete, DVM demur to the 3AC.

Fraud (COA 1-3)

Plaintiff alleges defendants held themselves out as specialists, despite their lack of qualifications. Defendants contend they were specialists, despite not being board-certified. Defendants’ status as “specialists” is a disputed question of fact, not properly decided on demurrer.

Plaintiff adequately pleads reliance. The complaint states “[h]ad these Defendants honestly represented their credentials Plaintiff would never have agreed retain (SIC) Defendants’ services[.]” TAC at ¶209. The TAC sets forth how the alleged misrepresentations were made, who made them, and when they were made (paragraphs 119 -122 and 268-273). Plaintiff alleged fraud with sufficient particularity. OVERRULED.

Unfair Competition

A cause of action under B&P Code §17200 need not be based on a separate statutory violation and can stand alone based on allegations of fraud or unfair conduct. As explained above, plaintiff sufficiently alleged fraud; these allegations are also sufficient to support the unfair competition cause of action. OVERRULED.

Consumer Legal Remedies Act

Under the consumer legal remedies act, prior to commencing an action for damages, a plaintiff must provide the defendant with written notice via certified mail. Cal. Civ. Code §1782. Though defendants argue plaintiff has not alleged the requisite notice, but the complaint states “Plaintiff gave the Defendants requisite notice of her intent to bring this action[.]” TAC at ¶321. This allegation must be treated as true for the purposes of pleading. OVERRULED.

Intentional Infliction of Emotional Distress

Defendants demur on the grounds that plaintiff failed to allege outrageous conduct. Plaintiff alleges defendant Hadar used the threat of euthanizing Assal “as a ploy . . . to scare and guilt the Plaintiff into leaving Assal with the Defendants[.]” TAC at ¶172-173. Plaintiff also alleges Hadar drugged the dog to make her appear lethargic. TAC at ¶165. A reasonable fact finder could determine that these allegations, if proven, constitute “outrageous” behavior. OVERRULED.

Motion to Strike

The court, in ruling on the demurrer to the second amended complaint, ordered plaintiff to restrict the third amended complaint to 25 pages. Plaintiff violated this order, filing a 39-page pleading. Because of California’s strong public policy in favor of deciding cases on the merits, the court will not strike the entire complaint. Plaintiff, however, is ordered to pay $500.00 in sanctions for failing to comply with a court order and file a complaint that complies with the court’s order within 10 days.