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371 views11 pagesTalaifar v. Masoud Malek - Malpractice Complaint Superior Court SC106760
Medical Malpractice complaint against Masoud Malek M.D. Los Angeles Superior Court SC106760
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0% found this document useful (0 votes)
371 views11 pagesTalaifar v. Masoud Malek - Malpractice Complaint Superior Court SC106760
Medical Malpractice complaint against Masoud Malek M.D. Los Angeles Superior Court SC106760
Uploaded by
LATORTSCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
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MOHAMMAD ALI TALAIE
FILED
L@¥ ANGELES SUPERIOR COURT
Attorney at Law 2
800 West 6% Street, Suite 1200 FEB 0.9 2010
Los Angeles, California 90017 SOR n, Leanne, wok
(213) 225-2222 aa
(213) 225-8770 (Pax) ®¥_1_ Denar Deputy
Attorneys for Plaintiff,
HOMA TALATEFAR
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
Richard A. Stone
case wo. §C106760
COMPLAINT FOR DAMAGES:
HOMA TALAIEFAR, an individual,
Plaintifé,
)
)
)
)
) 1, MEDICAL MALPRACTICE;
) 2, VIOLATION OF CALIFORNIA
) HEALTH AND SAFETY CODE
) §123100, ET SEQ;
)
)
)
)
:
)
)
y
MASOUD MALEK, an individual;
MASOUD MALEK INCORPORATED, a
Business Organization Form
Unknown; and DOES 1 through
25, inclusive,
3. GENERAL NEGLIGENCE; AND
4, INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
Defendants.
Plaintiff complains and alleges Gaba Defendants, and
each of them, as follows:
ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
1. Plaintiff HOMA TALAIEFAR is an individual and resides
within the city and county of Los Angeles, State of California.
2. At all times herein-mentioned Defendant MASOUD MALEK,
was a medical practitioner and did business in the City of
Beverly Hills, County of Los Angeles and was employed by
Defendant MASOUD MALEK INCORPORATED, a business organization form
<1.
COMPLAINT 10
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4
1s
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unknown, with their principal place of business at 250 S. La
Cienega Blvd., Suite 204, Beverly Hills, California 90211.
3. At all times herein-mentioned, Defendant MASOUD MALEK
INCORPORATED, a business organization form unknown, was a
surgical clinic and did business in the City of Beverly Hills,
County of Los Angeles, with its principal place of business at
250 S. La Cienega Blvd., Suite 204, Beverly Hills, California
90211.
4. Plaintiff is ignorant of the true names and
capacities, whether individual, corporate, associate,
partnership, or otherwise of each of the Defendants sued herein
as Does 1 through 10, inclusive, and therefore sues said
Defendants by such fictitious names. Plaintiff will seek leave
to amend this Complaint to reflect their true names and
capacities as they are ascertained.
5. Plaintiff is informed and believes and, based on such
information and belief, alleges that each of the Defendants named
herein as a Doe was and is negligently, intentionally, or both
negligently and intentionally responsible in some manner for the
occurrences herein alleged, and the injuries and damages suffered
by Plaintiff as herein alleged were the direct and proximate
result of, and caused by the acts and omissions of the
Defendants.
6. Plaintiff is informed and believes and, based on such
information and belief, alleges that at all times herein
mentioned,’ each and every one of the Defendants was and now is
the agent, servant, or employee of each and every other Defendant
and was in doing the things herein alleged, acting within the
-2-
COMPLAINT 10
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course and scope of said agency, service or employment.
7. Plaintiff is informed and believes and, based on such
information and belief, alleges that at all times herein
mentioned, each of the Defendants ratified and approved the acts,
omissions, representations, and other activities of each and
every other Defendant.
8. On or about July 28, 2009, Plaintiff served
Defendants with "Plaintiff’s Notice of Intent to File a
Negligence Action," in accordance with Code of Civil Procedure,
§364. A true and correct copy of said letter is attached hereto
and marked Exhibit 1.
FIRST CAUSE OF ACTION
FOR MEDICAL NEGLIGENCE AGAINST DEFENDANTS
MASOUD MALEK, MASOUD MALEK INCORPORATED, AND DOES 1 THROUGH 5
9. Plaintiff repeats and realleges and incorporates by
reference, as though set forth in full, each and every allegation
contained in paragraphs 1 through @ of this Complaint.
10. At all timed herein mentioned Defendants MASOUD MALEK
and MASOUD MALEK INCORPORATED held themselves out to the public
at large and to the Plaintiff in particular, as having competent,
knowledgeable, diligent and skillful surgeons and staff in the
practice of medicine and specifically cosmetic surgery.
11. From April, 2007, to May, 2009, Plaintiff placed
herself in and remained under the sole and exclusive control of
the Defendants and each of them, for the purpose of having
cosmetic surgery, care, treatment, advise and other healthcare,
and medical treatment.
12. As a part of Defendants’ medical treatment of
Plaintiff, Defendants, and each of them, on or about April 6,
-3-
‘COMPLAINT
