Shankar

FACTS AND PROCEDURAL BACKGROUND

Undisputed Facts

On May 3, 2004, a fictitious name permit application was filed with the Medical Board of California for a professional medical corporation named Chu Sarang Medical, Inc. (CSM). The application listed Jeffrey Chu, M.D., as the owner and sole shareholder

1 SLAPP is an acronym for “Strategic Lawsuits Against Public Participation.” (Equilon Enterprise v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57, fn. 1.) All further statutory references are to the Code of Civil Procedure, unless otherwise stated.

2 of the company. Chu signed the application as President of CSM. The person listed to be contacted regarding the application was Simon Hong. On August 25, 2004, a statement of information was filed with the California Secretary of State for a domestic stock corporation in the name of CSM. The statement of information listed Chu as the Chief Executive Officer, Secretary, and Chief Financial Officer. Chu signed the statement of information as President of CSM. On March 15, 2005, CSM entered into a written employment agreement with Shankar to practice at CSM. The employment agreement warranted that CSM was a duly formed medical…