SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION ) ) ) ) GENERAL ALLEGATIONS
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1 Marcus Ambrose, Esq. (Cal. Bar # AMBROSE LAW FIRM, P.C. 00 Avenida Encinas, Ste. -0 Carlsbad, CA Tel.. Fax mail@ambroselawfirm.com Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION MARCUS AMBROSE Plaintiff, vs. JOSHUA PRAGER, M.D.; CALIFORNIA PAIN MEDICINE CENTER; MARILYN JACOBS, Ph.D.; MARIA MENDOZA; FELIPA LERMA; FRIEDMAN RUBIN AND WHITE (a Law Firm; RICHARD FRIEDMAN; JAMES HERTZ; and WILLIAM CUMMINGS Defendants Plaintiff sues Defendants and alleges: Case No.: GENERAL ALLEGATIONS 1. Joshua Prager (PRAGER is medical physician and surgeon licensed in the State of California; and he is an officer and or director and or employee and or partner of California Pain Medicine Center (CMPC. -1-
2 . CMPC is a heath care facility in Los Angeles, CA, licensed in the state of California, which employs health care providers including PRAGER and Marilyn Jacobs (JACOBS; and it acts through its officers, directors, partners and employees.. JACOBS is a psychologist, licensed in the state of California; and she is an officer and or director and or employee and or partner of CMPC.. Maria Mendoza (MENDOZA resides in the state of Arizona; and Felipa Lerma (LERMA is her daughter; and she resides in the state of Arizona or California.. Richard Friedman (FRIEDMAN, James Hertz (HERTZ, William Cummings (CUMMINGS are residents of the state of Washington; and are MENDOZA s attorneys.. Friedman, Rubin (FRW is a law firm, formerly known as Friedman Rubin and White, and acts through its partners; and FRIEDMAN, HERTZ and CUMMINGS are partners in FRW.. Marcus Ambrose (AMBROSE resides in San Diego; and he is licensed to practice law and is in good standing in the states of California and Arizona.. The injury as more fully alleged below occurred in San Diego County, California, as did some of the tortious acts set forth below; and the two contracts entered into, as set forth below, to wit: the written contracts between MENDOZA and AMBROSE; and the contract between AMBROSE and FRW (because their contract incorporated and arose out of MENDOZA S contracts, were entered into in the State of Arizona.. Damages exceed $, COUNT I TORTIOUS INTERFERENCE WITH CONTRACT. AMBROSE re-alleges all previous allegations.. AMBROSE had written contracts with MENDOZA and FRW. --
3 . All named defendants (DEFENDANTS, individually and or collectively, committed acts that were designed to or did in fact induce a breach or disruption of the contractual relationships AMBROSE had with MENDOZA and FRW.. As a result, there was an actual breach and or disruption of the contracts and contractual relationships, causing damages. COUNT II BREACH OF CONTRACT. AMBROSE re-alleges all previous allegations.. FRW, FRIEDMAN, HERTZ, CUMMINGS and MENDOZA owed AMBROSE a duty to honor their contractual obligations.. FRW, FRIEDMAN, HERTZ, CUMMINGS and MENDOZA breached their contracts with AMBROSE.. As a result, AMBROSE suffered damages. COUNT III BREACH OF THE COVENANTS OF GOOD FAITH AND FAIR DEALING. AMBROSE re-alleges all previous allegations.. FRW and MENDOZA owed AMBROSE implied duties, arising out of contract, of fair dealing, and to act in bad faith.. FRW and MENDOZA breached their duties by acting in bad faith, and did not deal fairly with AMBROSE.. As a result, AMBROSE suffered damages. COUNT IV INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. AMBROSE re-alleges all previous allegations. --
4 . FRW and FRIEDMAN filed a Bar complaint against AMBROSE in the state of Arizona; and they, along with MENDOZA, knowingly made material representations for the purpose of breaching their contracts with AMBROSE, as set forth above; and or, to gain improper and an unfair advantage in any fee dispute arising out of an attorney s lien filed by AMBROSE, after he was discharged my MENDOZA.. The DEFENDANT S conduct, individually and collectively, was extreme and outrageous; and they intended to cause emotional distress, or they acted in reckless disregard with the high probability that such distress would result from their conduct.. As a result, AMBROSE suffered severe emotional distress. COUNT V AIDING AND ABETTING. AMBROSE re-alleges all previous allegations.. FRW, and or FRIEDMAN and or PRAGER are primary tortfeasors who committed the torts alleged above (Counts I, III and IV.. The DEFENDATS knew that that the primary tortfeasor(s conduct constituted a breach of duties owed AMBROSE; and they all substantially assisted and or encouraged the primary tortfeasor(s, and each other, in the achievement of the breaches. COUNT VI PUNITIVE DAMAGES. AMBROSE re-alleges all previous allegations.. The DEFENDANTS conduct, taken as a whole, evinced oppression, or fraud or malice or evil mind, so as to entitle AMBROSE to an award of punitive damages. --
5 WHEREFORE, AMBROSE: 1. Demands judgment against DEFENDANTS for compensatory and punitive damages; and an award of attorney s fees (under Arizona Law and costs; and. DEMANDS a jury trial as to all issues so triable. Respectfully submitted, this th day of July,. MARCUS AMBROSE, ESQ. For the Firm 00 Avenida Encinas, Ste. -0, Carlsbad, CA Tel..1 Fax mail@ambroselawfirm.com --
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