1 SHAWN KHORRAMI, ESQ., SBN 180411
STEPHANIE CASALE, ESQ., SBN 167354
2 PATRICIA L. MITCHELL, ESQ., SBN 216224
LAW OFFICES OF SHAWN KHORRAMI
3 14550 Haynes Street, Third Floor
Van Nuys, CA 91411
4 Telephone: (818) 947-5111
Facsimile: (818) 947-5121
5 email: khorrami@khorrami.com
6 Attorneys for Plaintiffs
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8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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CITY AND COUNTY OF LOS ANGELES
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11
DANIEL GALEANO, a minor, by and through ) Case No.
12 his Guardian Ad Litem KATHY GALEANO; )
KATHY GALEANO, an individual; ) COMPLAINT BASED ON:
13 FERNANDO GALEANO, an individual, )) 1. STRICT PRODUCT
14 Plaintiffs ) LIABILITY(Failure to Warn);
) 2. STRICT PRODUCT
15 v. ) LIABILITY (Design Defect);
) 3. NEGLIGENCE (Civil Code
16 AMERICAN DENTAL ASSOCIATION, a ) section 1714);
corporation; CALIFORNIA DENTAL ) 4. BREACH OF EXPRESS
17 ASSOCIATION, a corporation; DENTSPLY ) WARRANTY;
INTERNATIONAL, INC., a corporation; 3M ) 5. BREACH OF IMPLIED
18 CORPORATION, a corporation; ADIUM ) WARRANTY;
DENTAL PRODUCTS, INC. , a corporation; ) 6. FRAUD AND DECEIT (Civ.
19 ANGRESS DENTAL SUPPLY COMPANY, a ) Code §§1709 & 1710) Failure to
corporation; BASIC DENTAL, a corporation; ) warn;
20 COLTENE/WHALEDENT, a corporation; ) 7. FRAUD AND DECEIT (Civ.
DEN-MAT CORPORATION, a corporation; ) Code §§1709 & 1710)
21 ENGELHARD CORPORATION, a ) Concealment of Fact;
corporation; ESPE PREMIER DENTAL ) 8. NEGLIGENCE PER SE
22 PRODUCTS, a corporation; FOREMOST ) 9. VIOLATION OF BUSINESS
DENTAL, a corporation; GREAT WESTERN ) AND PROFESSIONS CODE
23 DENTAL/MEDICAL, a corporation; HENRY ) §§17200 et seq. BASED ON
SCHEIN, INC., a corporation; IDE ) HEALTH AND SAFETY CODE
24 INTERSTATE, INC., a corporation; ) §§25249.6 et seq.;
INDISPERSE DISTRIBUTING, INC., a ) 10. UNFAIR BUSINESS
25 corporation; JENERIC PENTRON, INC., a ) PRACTICES (BUSINESS &
corporation; KERR MANUFACTURING ) PROFESSIONS CODE §§ 17200
SNIPPETS:
SHAWN KHORRAMI, ESQ., SBN 180411 STEPHANIE CASALE, ESQ., SBN 167354
Attorneys for Plaintiffs
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COMPLAINT
exposure through his mother's dental amalgam fillings.
displays self-injurious behavior he bites himself, or knocks his head against objects, such
18 amalgam fillings are safe that they are chemically bound,
Defendants claim that the fillings are
18 recently passed resolutions stating that the use of mercury in healthcare must be phased
Defendants have failed to provide legally mandated warnings,
Defendants refer to mercury amalgam fillings as silver fillings.
11 Defendants continuously and deliberately concealed from or otherwise misrepresented to
19 California Constitution Article VI, Section 10, which grants the Superior Court "original
28 Defendants exist, transact business, and/or have offices in Los Angeles, and all of the
Kathy Galeano is and at all times herein relevant has been a California resident
At all times relevant herein,
throughout this State by manufacturing, distributing, marketing, selling, and/or otherwise
10 within the stream of commerce in California, and particularly to dentists throughout
12 Defendant Dentsply transacted business in the State of California,
14 Corporation is and was a corporation doing business throughout this State by manufacturing,
21 Defendants ADA and CDA who used their monopoly power in the industry to force
13 allegation contained in paragraphs 1 through 82, inclusive, as if fully set forth at this
23 was the proximate cause of the personal injuries suffered by Plaintiffs.
23 labeling, analyzing, distributing, mechanizing, recommending, advertising, promoting,
and capable of causing harm and/or severe injuries to foreseeable users, consumers, or others
Health & Safety Code §§25249.6 and 25249.11.
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