Squillacote v. Boval CA4/3

Filed 12/3/20 Squillacote v. Boval CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THERESE SQUILLACOTE,

Plaintiff and Appellant, G058336

v. (Super. Ct. No. 30-2018-00978676)

BRUNO ALAN BOVAL, OPINION

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Elizabeth Grace, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Therese Squillacote, in pro. per, for Plaintiff and Appellant. Kerendian & Associates, Inc., Shab D. Kerendian and Craig O. Cawlfield for Defendant and Respondent.

INTRODUCTION Appellant Therese Squillacote, proceeding in propria persona, sued respondent Bruno Alan Boval for various claims arising out of what she claims was botched dental implant work. She failed, however, to make a timely opposition to respondent’s motion for summary judgment and the trial court granted the motion. She argues that was error, but we cannot find fault with it. FACTS Appellant had dental implant work done at La Habra Dental Care. On March 5, 2018, she filed a form complaint naming respondent as defendant and alleging that he did business under the fictitious name “La Habra Dental.” The form complaint contained causes of action for breach of contract, common counts, and fraud. Appellant alleged she had paid in full for dental implants based on respondent’s promise that La Habra Dental Care would give her a “Hollywood Smile” and help her avoid future dental costs. Instead, she alleged, the implants had left her in pain and unable to properly eat. Respondent allegedly refused to address these issues. As a result, appellant suffered pain, humiliation, and embarrassment. In December 2018, respondent filed motions to compel certain basic written discovery including a motion to deem requests for admission (RFA’s) admitted. Among other things, the RFA’s asked appellant to admit she had no contract with respondent, he did not give her dental treatment and never promised to perform any such treatment. Appellant did not timely respond to the RFA’s, but instead e-mailed late responses to respondent’s counsel in October 2018. Her responses did not contain a separate verification, but she did include a statement under penalty of perjury and electronic signature. Respondent argued these responses were not verified. The trial court granted respondent’s motion and deemed the RFA’s admitted against appellant. Shortly after the order issued, respondent filed a motion seeking summary judgment, or alternatively, summary adjudication as to all three causes of action in the