adjustercom.com News

Then, Judge Teresa moved on to the related case. This case was just filed on August 11th 2011 by South Bay Surgical and Spine Institute, Inc., which is owned by Frontline Medical. This is just another Uwaydah owned company.

In this suit, Marisa Schermbeck and Shelly Rosekelly are accused of buying Trublock, a bone filler, with $262,882.00 of South Bay Surgical’s money. Then, they sell the Trublock to Mission Hospital, and have Mission Hospital pay a company owned by Marisa called AR Ltd.. Consequently, Mission Hospital wound up paying Marisa for the Trublock and not South Bay. Shelly Rosekelly allegedly aided and abetted Marisa in doing this. Thus, South Bay alleges that Marisa and Shelly

Marisa Schermbeck and Shelly Rosekelly are accused of buying Trublock, a bone filler, with $262,882.00 of South Bay Surgical’s money.

ripped them off for $262,882.00.

The judge then says she’s going to consolidate these matters. Then Ryan Saba asks her if she would be interested in dismissing that case, as well. She says of course. But then the South Bay attorney, Mike Newhouse, objects. He doesn’t want his case dismissed.

Mike Newhouse: We don’t have an objection to relation and consolidation. We would have an objection to dismissing our lawsuit because Dr. Uwaydah doesn’t have anything to do with our client, South Bay.

Mike Newhouse: Counsel might disagree with our assessment. I’m telling you here on the record our position is the opposite. It wouldn’t fall in the same category of your analysis of the Frontline case.

Mike Newhouse: Yes, your honor. The distinction that is for a prior company South Bay Surgical and Spine Institute LLC. The Plaintiff in our case is South Bay Surgical and Spine Institute, Inc., which is a completely different company, completely different ownership, completely different officers and directors, your honor, and again that is an issue which will obviously come out in discovery in the process of that case.

That is the biggest flimflam argument I have ever heard. This is more insidious manipulation of the court and bluntly it’s pure fraud. The company is plainly Uwaydah’s company and he’s now trying to weasel out of that fact and attempt to prosecute through other owners’ identities just so he doesn’t have to give his deposition. This is all just more pernicious manipulation. Any judge should be able to see right through this malarkey. It isn’t even

That is the biggest flimflam argument I have ever heard. This is more insidious manipulation of the court and bluntly it’s pure fraud.

clever.

South Bay Surgical and Spine Institute, LLC was converted into South Bay Surgical and Spine Institute, Inc. on or about July 26th, 2011. That was only 16 days before the Complaint was filed. And it was long after Marisa Schermbeck had hit the high road away from Uwaydah, Frontline, and South Bay. And also Shelly Rosekelly was gone by then, as well. Henceforth, the company Marisa and Shelly had worked for was South Bay Surgical and Spine Institute, LLC. and not South Bay Surgical and Spine Institute, Inc. Neither of them worked for the company when it was in the alleged form as an Inc.

Therefore, the only company that has the right to sue Marisa and Shelly is South Bay Surgical and Spine Institute, LLC. Uwaydah can’t just change the LLC to an Inc. and change the owners, officers, and directors, and then after the fact of Marisa and Shelly being long gone say that this new company can now sue contractors or employees who in the past worked for the old. That is the most ridiculous thing I have ever heard of. This attorney, Mike

Any judge should be able to see right through this malarkey. It isn't even clever.

Newhouse, should be embarrassed to even stand up in court and give such an argument!

Ryan Saba: Actually, your honor, they are the same company. The LLC was converted into an Inc. It is not a wholly separately owned and reformatted company. It was converted.

This thing with the LLC and the Inc. is just a mind bend and Judge Teresa becomes even more confused from here. She pulls out of it, but not without noticeably along the way not being able to think straight. So, she asserts that the court is going to dismiss the first case, BC449676, the one against Marisa Schermbeck and her husband, without prejudice. Then, she’s relating the second case, BC467428, the one against Marisa and Shelly Rosekelly, to the first case of BC449676. Then, she instantly changes her mind. She says no, she’s not going to relate it, but she’s going to hold a hearing on whether BC467428 should be related to BC449676 in light of the fact she’s already dismissed the first case.

But then Mike Newhouse speaks just to clarify that he understands his case is now back in Department 52 with Judge Susan Bryant-Deason until the hearing. But then Judge Teresa changes her mind again. She says, no, forget the hearing. The case that Newhouse is on representing the plaintiff South Bay is just back over with Judge Bryant-Deason period. No hearing. Forget the hearing. Send the case back. There’s nothing to relate it to as the first case has been dismissed.

Far out. But if I had been the judge I would have related both cases and dismissed them both with prejudice, not without prejudice. I also would have imposed the Sanctions of $7,165.00 against Frontline that Judge Teresa had at one moment during the June 14th proceedings imposed, however she let Mark Masters of the Bird firm talk her out of it!

Uwaydah should never be allowed to file another case in Los Angeles Superior Court ever again. His abuses of the system warrant his cases being dismissed quickly—no doubts or demurs. Don’t waste the court’s time or the public’s money.

The abusive expenses to our public court systems by Uwaydah need to stop now. Judges need to study the history of his litigations. They need to look up General Electric Medical Systems vs. Prometheus; Prometheus vs Khaled Ghandour; and Uwaydah’s bankruptcy case from the United States Bankruptcy Court of the Central District plus the bankruptcy appeal. All the behaviors are there which egregiously abuse the discovery process. He has a pattern and practice of abuse which should not be allowed to further propagate. Judges should nip them in the bud on day one.

Another case just came to my attention from 2005. I only have the first page of the Complaint, and then the 2nd through 22nd pages are missing, so I’ll have to track down the missing pages from the court files. But from back pages I can tell this is a case of property trust deeds allegedly procured through fraud and deceit. It’s filed by Avedis Tavitian, Ara Tavitian (two doctors), Rio Hondo Medical Plaza, Sunset Plaza, RE Ventures, and Pacific Health Realty against Munir Uwaydah, Marisa Schermbeck, Farihan Renno (Uwaydah’s mother), Five Star Medical Group and the notorious Millenium Medical! We know these players! And the formal charges are for (1) deceit, (2) negligent misrepresentation, (3) rescission-fraudulent misrepresentation, (4) unfair business practices, (5) quiet title, (6) declaratory and injunctive relief.

Sounds depressingly familiar. And on this first page it is stamped: Case assigned to Judge Teresa Sanchez-Gordon. So, she’s seen a Uwaydah case before! And one with Marisa and his mother! I wonder if she remembers. I wonder what happened in this case. Two phone calls I made to Ara Tavitian over a year ago were not answered. Another party

...it’s a truth universally acknowledged that nobody can work for the Devil himself and not do the Devil’s work.

tried to ask him to talk to me but he replied that he absolutely does not want to talk about the case.

I wonder if any of the allegations Uwaydah, Frontline, and South Bay are making against Marisa and Shelly are in any manner remotely true. I can’t believe anything on any Complaint from Uwaydah anywhere, as he has zero capacity for truth. But let’s just say for purely hypothetical argument’s sake that some, many, or even all of the allegations on the two Complaints are true. Let’s imagine it just for fun. I’d say it’s a truth universally acknowledged that nobody can work for the Devil himself and not do the Devil’s work.