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Case Name | Uwaydah v. Roth | |
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Date | 05/18/2010 | |
Note | [Unpublished] Plaintiff failed to meet his burden to demonstrate a probability of prevailing on his abuse of process claim, and defendant's motion was properly granted. | |
Citation | B217606 | |
WCC Citation | WCC 36252010 CA |
On December 20, 2007, Weiss sent Roth a letter about Frost's investigation, welcoming Roth's direct inquiries regarding Uwaydah if there was a legitimate reason. Uwaydah heard nothing more from Roth until January 7, 2009, when, by chance, he learned Roth had sent two subpoenas, dated September 5, 2008 (attached as exhibits to the complaint), to Jindy Bal, counsel for Tustin Hospital (one of the locations where Uwaydah practices). *fn3 Uwaydah is informed and believes Roth continues to contact hospitals and other third parties "fishing" for information to deny Uwaydah's claims. On the basis of these allegations, Uwaydah (and Frontline, included in our further references to Uwaydah) sued Roth for abuse of process. While Uwaydah misrepresents some of the contentfor example, Roth said, he made no "negative statements" about Uwaydah, the communications complained of were communications in the course of this investigation.
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