Complaint Review: Weiss Comestic & Laser Procedures- Dr. Richard Alan Weiss

Please take notice that Richard A. Weiss, M.D. (“Plaintiff”) has initiated an action in the Superior Court of Orange County, California, cause number 30-2015-00789525-CU-DF-CJC (“the Action”), due to allegedly false statements made by “Dr. Richard Alan Weiss.”  In the Action, Plaintiff seeks to subpoena the records of Xcentric Ventures, LLC for your identifying contact information to be sent to Slovak Baron Empey Murphy & Pinkney LLP at: 1800 E. Tahquitz Canyon Way, Palm Springs, California 92262.  Plaintiff has served a subpoena on Xcentric Ventures, LLC, the company that owns and operates this website, to reveal your identities.  You may have a right to file and serve a response to the subpoena anonymously. If you intend to file and serve a response, please do so, or notify us of your intent to do so, on or before November 21, 2015, David A. Smith, Esq. via email (dsmith@sbemp.com) or facsimile (760-322-2107).

LEGAL NOTICE

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

David A. Smith, Esq. SBN 113816

SLOVAK BARON EMPEY MURHPY 7 PINKNEY LLP

1800 E. Tahquitz Canyon Way

Palm Springs, California 92262

TELEPHONE NO. (760) 322-2275

FAX NO. (760) 322-2107

E-MAIL ADDRESS: dsmith@sbemp.com

ATTORNEY FOR: Richard A. Weiss, M.D.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE

STREET ADDRESS: 700 Civic Drive

MAILING ADDRESS: 700 Civic Drive

CITY AND ZIP CODE: Santa Ana, CA 92701

BRANCH NAME:

 PLAINTIFF/PETITIONER: Richard A. Weiss, M.D.

 DEFENDANT/RESPONDENT: John or Jane Does 1-18

 CASE NUMBER: 30-2015-00789525-CU-DF-CJC

 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION

(Code Civ. Proc., §§ 1985.3, 1985.6)

 NOTICE TO CONSUMER OR EMPLOYEE

 TO (name): “Dr. Richard Alan Weiss”

 PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): Richard A. Weiss, M.D. SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): August 17, 2015.

1. The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records are sought): Xcentric Ventures, LLC.
   A copy of the subpoena will be provided to you upon your request.  The subpoena requests documents and information sufficient to identify you, including your IP address, name, address, email address, and phone number as well as the date and time of your postings to the webpage located at http://www.ripoffreport.com/r/Weiss-Comestic-Laser-ProceduresDr-Richard-Alan-Weiss/Newport-Beach-California-92660/Weiss-Comestic-amp-Laser-ProceduresDr-Richard-Alan-Weiss-Richard-WeissDr-Richard-Al-1122929.
2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED IN ITEM a. OR b. BELOW:
   1. If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena at least five days before the date set for production of the records.
   2. If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objection that states the specific grounds on which production of such records should be prohibited.  You may use the form below to object and state the grounds for your objection.  You must complete the Proof of Service on the reverse side indicating whether you personally served or mailed the objection.  The objection should not be filed with the court.  WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND AVAILABLE TO ALL PARTIES.
   3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena.  If no such agreement is reached, and if you are not otherwise represented by an attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY.

Date: July 21, 2015

David A. Smith, Esq.                                   /s/ David A. Smith, Esq.

(TYPE OR PRINT NAME)                          (SIGNATURE OF ATTORNEY)

OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS

1. ¨ I object to the production of all of my records specified in the subpoena.
2. ¨ I object only to the production of the following specified records:

1. The specific grounds for my objection are as follows:

Date:

 (TYPE OR PRINT NAME)                          (SIGNATURE OF ATTORNEY)

 PLAINTIFF/PETITIONER: Richard A. Weiss, M.D.

DEFENDANT/RESPONDENT: John or Jane Does 1-18

CASE NUMBER: 30-2015-00789525-CU-DF-CJC

 PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION

(Code Civ. Proc. §§ 1985.3, 1985.6)

¨ Personal Service                       ¨ Mail

1. At the time of service I was at least 18 years of age and not a party to this legal action.
2. I served a copy of this Notice to Consumer or Employee and Objection as follows (check either a or b):
   1. ¨ Personal service.  I personally delivered the Notice to Consumer or Employee and Objection as follows:

(1)              Name of person served:

(2)              Address where served:

(3)              Date served:

(4)              Time served:

1. ¨ Mail.  I deposited the Notice to Consumer or Employee and Objection in the United States mail, in a sealed envelope with postage fully prepaid.  The envelope was addressed as follows:

(1)              Name of person served:

(2)              Address:

(3)              Date of mailing:

(4)              Place of mailing (city and state):

(5)              I am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed.

1. My residence or business address is (specify): [PLEASE INSERT]
2. My phone number is (specify): [PLEASE INSERT]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

 (TYPE OR PRINT NAME OF PERSON WHO SERVED)

 (SIGNATURE OF PERSON WHO SERVED)

 PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS

(Code Civ. Proc., §§ 1985.3, 1985.6)

¨ Personal Service                       ¨ Mail

 At the time of service I was at least 18 years of age and not a party to this legal action.

1. I served a copy of the Objection to Production of Records as follows (complete either a or b):
   1. ON THE REQUESTING PARTY

(1)              ¨ Personal service.  I personally delivered the Objection to Production of Records as follows:

(i)    Name of person served:

(ii)  Address where served:

(iii) Date served:

(iv) Time served:

(2)              ¨ Mail.  I deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid.  The envelope was addressed as follows:

(i)    Name of person served:

(ii)  Address:

(iii) Date of mailing:

(iv) Place of mailing (city and state):

(v)  I am a resident of or employed in the county where the Objection to Production of Records was mailed.

1. ON THE WITNESS

(1)              ¨ Personal service.  I personally delivered the Objection to Production of Records as follows:

(i)    Name of person served:

(ii)  Address where served:

(iii) Date served:

(iv) Time served:

(2)              ¨ Mail.  I deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid.  The envelope was addressed as follows:

(i)    Name of person served:

(ii)  Address:

(iii) Date of mailing:

(iv) Place of mailing (city and state):

(v)  I am a resident of or employed in the county where the Objection to Production of Records was mailed.

1. My residence or business address is (specify):
2. My phone number is (specify):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

 (TYPE OR PRINT NAME OF PERSON WHO SERVED)

 (SIGNATURE OF PERSON WHO SERVED)

FAKE REVIEW ALERT AND SPECIAL OFFER: I never done this to anyone. It is a lie. Some other doctor done this to her and she blamed it on me. I am a perfectionist and you can see all my super happy patients' reviews on Yelp.com. My team of PRs are working very hard to repair my reputation and constantly scanning the internet for fake negative reviews. Please come and see me first before you decide with one of the other zillions doctors out there. I am the best plastic surgeon for eyelids, brows lift, skin resurfacing, botox, scar revision and  facial fillers.   If you cannot come in see all my real and honest testimonials on Youtube.  I never abused drugs.  I am a musician  and may sometimes behave strangley during surgery, but that is just my personality to get some fun into  your life.  Some of my patients enjoy me goofying off and they LOL.   As a doctor, I am never sure what emergencies the day holds or exactly how long a surgery will require but I do take my patient's time seriously and usually do a pretty good job of running on time. However, I have reason to suspect that this is a completely fake review. For quite some time, a several  previous patient of more than 4 years ago has been posting (under multiple aliases) extremely negative, completely untrue, slanderous and even profane reviews about myself, my surgical skills, even my family and office in literally hundreds of locations and for various reasons I believe that this is one of the fake reviews written by this person. It is clear from the tone and diction that the patient is extremely upset. I sympathize deeply but want to make it clear again that these vicious postings are COMPLETELY untrue. I know for certain that I have never had a patient that has even close to the type of result that this patient is claiming. In over 26 years I have never had a single legal judgment or settlement against me. I find these comments particularly concerning because I have always prided myself with providing the highest level of ethical health care. As a doctor, my first duty is to my patients and their health. This single patient has impersonated men and women who are even describing procedures that I don't perform. In my entire career I have NEVER had any of the types of problems that this anonymous person has described. I have read through quite a few of essentially the same or similar reviews, posted under various aliases on many different review sites. However, my commitment to my patients is unwavering. As a physician who has been practicing in the same Newport Beach office for over 25 years, I like to let my patients and my peers do the talking for me. Anyone considering our office is more than welcome to examine my full resume, view before and after photos, and watch video testimonials of satisfied patients who receive absolutely NOTHING for their time on drweiss.com. Cosmetic consultations are also FREE and without obligation. I encourage you to set up an appointment, meet with myself and my staff, and truly get an understanding of how we do things. Mention %u2018Fake Review Discount%u2019 and we%u2019ll show our appreciation of your trust by offering you a 10% discount on any procedure (potentially saving over $1,000!) I thought it was important that you at least heard from the other side. My door is always open - I look forward to your visit and guiding you in your health endeavors. Sincerely, Dr. Weiss