Opposition_to_demurrer_by_purelife_gloves_llc_et_al

Opposition

Cal. Super. - 2nd Dist.September 26, 2018

Electronically FILED by Superior Court of California, County of Los Angeles on 02/13/2019 01:19 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Duran,Deputy Clerk RYAN ISABELLA 4533 MacArthur Blvd. 269 Newport Beach, CA 92660 (714) 406-0030 Plaintiff In Pro Per SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES RYAN ISABELLA, an individual, Case No. $C129912 individually and on behalf of himself and on OPPOSITION TO PURELIFE GLOVES, LLC, behalf of others similarly situated, PUREWAY COMPLIANCE, INC DEMURRER Plaintiff, VS. PUREWAY COMPLIANCE, INC., a foreign corporation, and PURLIFE GLOVES, LLC, a foreign corporation Defendants. Plaintiff RYAN ISABELLA in Pro Per, herein submits his OPPOSITION TO DEMURRER, Defendants PURELIFE GLOVES, LLC and PUREWAY COMPLIANCE, INC Demurrer to its Complaint. RYAN ISABELLA opposes Defendants PURELIFE GLOVES, LLC and PUREWAY COMPLIANCE, INC Demurrer on the grounds that Plaintiffs Complaint does state valid causes of action. THE PLAINTIFF ARGUES THE CAUSES OF ACTION ARE VALID FOR THE FOLLOWING REASONS: 1.) They are clear and intelligible. 2.) They state sufficient facts. 3.) They do not require the support of an attached copy of an employment contract in order to be valid because the defendants are aware of the references and possess master copies. 4.) Seemingly contradictory elements can allow for causes to be plead in the alternative. INTRODUCTION AND STATEMENT As a citizen without legal training, I have found the defendants demurrer to be improper, reckless, deceptive, dubious, purposely libelous and in bad faith. 1.) The defendants referred to my complaint as a ‘shake down.’ In this digital age, this is a public attempt to create a caricature of a disgruntled, litigious, morally bankrupt serial extortionist. This should be seen as egregious behavior from the defendants in light of their actions towards a former employee who relied on the promises of PureLife Dental and Pure Way Compliance in moving to accept a 2 year framed, revenue-integrated, uncapped director level position and was laid off and then offered severance. 2.) In violation of code, the defendants and opposing counsel alleged special knowledge of privileged information between myself and my attorneys about the case, a violation of my privilege in an attempt to discredit all merit and potentially open up another lawsuit. 3.) With zero regard for decency and in apparent retaliation, the defendants referenced allegations of misconduct with female colleagues as the reason for my being laid off. These allegations came about after my rejection of the offered severance package; a non-compulsory severance package and payment which the defendants hoped would stave off a deserved lawsuit. This pretextual allegation was an obvious attempt to establish termination for ‘cause’ which the defendants believed would nullify responsibility for payouts as stated in the written employment agreement. 4.) The basis for the defendants demurrer was that I primarily made a clerical error in that I did not attach the written employment contract to my complaint. There indeed exists a written employment contract, which the opposing counsel possesses (and I have made available to the court today) which can easily be added to an amended complaint. However, the oral representations and contracts, which are important to my case and devastating to the defendants case, cannot immediately be attached to the complaint in order to satisfy the defendants challenges. In bad faith, they are aware I need their documents but have refused to satisfy their own challenge to my complaint. Over 55 days ago, I sent the defendants a request to produce many documents, some of which contain evidence of the orally amended contracts as well as the aforementioned written employment contract. I received a denial from opposing counsel for reasons of confidentiality, irrelevance, burden, etc. 5.) The defendants demurrer should never have been filed as the opposing counsel acted improperly towards a meet and confer to settle this case. I was reticent to allow opposing counsel to go unrecorded or without witness in our settlement discussions. We exchanged recorded voicemail communications continually regarding my request for written correspondence but at the first opportunity, the defendants filed a demurrer. I found this to be overkill and a waste of the courts time and an attempt to avoid answering the causes of action. REQUEST TO OVERRULE DEMURRER In prayer for relief, I ask the court to overrule the demurrer and allow me to continue to prove my case. Dated 02/01/19 Ryan Isabella in pro per Ryan sabella ta PROOF OF SERVICE I am employed in the State of California, County of =~ Orange; over the age of eighteen years, and not a party to the within action. My business address is 2815 S. Fairview st.. Santa Ana, Orange, California, 92704. OnFebruary 13th, 2019, I served the within documents: NOTICE OF OPPOSITION TO DEMURRER [ 1 byplacing [ ] the original [X] a true and correct copy of the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Santa Ana, Orange, California, addressed as set forth below. IX] by transmitting the document(s) listed above via email from thebigdeal 102278 @gmail.com to the email addresses set forth below on this date before 5:00 p.m. and receiving no error message indicating that the document(s) were not successfully transmitted. Sent to: SAntoine@wolfwallenstein.com , EWolf@wolfwallenstein.com [] by causing messenger delivery by First Legal attorney service of | | the original | | a true and correct copy of the document(s) listed above to the person(s) at the address(es) set forth below. : SEE ATTACHED SERVICE LIST I am readily familiar with the firm’s practice for the collection and processing of correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. 1am aware that on mation of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. [X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on February 13th, 2019 at Santa Ana, Orange. California Frank Isabella 2 3 NOTICE OF CASE REASSIGNMENT NO RX N Y 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Isabella v. Purelife Gloves, LLC, et al Los Angeles Superior Court Case No.: SC129912 Attorney for Defense SCOTT ANTOINE and ELLEN WOLF | Telephone: WOLF WALLENSTEIN & ABRAMS, PC 11400 West Olympic Boulevard, Suite 700 Los Angeles, California 90064 Fax: Email: SAntoine@wolfwallenstein.com Ewolf@wolfwallenstein.com s 4 NOTICE OF OPPOSITION TO DEMURRER