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TORRANCE (CNS) - A lawsuit filed by a man who alleges a Palos Verdes Estates psychic falsely promised him in 2021 that she could remove a curse put in place by the man's ex-girlfriend for $5,100 should be reclassified so as to limit the plaintiff's possible damages, a lawyer for the psychic says in new court papers.
Attorney Gary Kurtz, on behalf of psychic Sophia Adams and several other defendants, states in court papers filed Wednesday in Torrance Superior Court that reclassification is required even assuming the truth of plaintiff Mauro Restrepo's allegations. If granted, Restrepo would be entitled to a maximum of $25,000, but Kurtz maintains in his court papers that the entire dispute involves a claim for no more than $1,000.
``This is truly an example of the adage that anyone can be sued for anything in California, no matter how silly the claim,'' Kurtz says in his court papers.
No one forced Restrepo to seek psychic services or to pay a down payment, according to Kurtz's court papers.
``Making matters worse, plaintiff never asked for a refund, which would have been given,'' according to Kurtz's court papers.
Kurtz previously filed a motion to dismiss the suit, arguing in his court papers that none of Restrepo's causes of action are viable.
``This entire lawsuit is nonsense and it would add insult to injury to allow it to continue,'' Kurtz states in his earlier court papers, citing as an example Restrepo's cause of action for fraud.
``Without attempting to insult the psychic industry and the legitimate work psychic healers do, it may not be possible for plaintiff to plead justifiable reliance in this case,'' Kurtz says.
Restrepo filed the suit Oct. 1 in Torrance Superior Court against Adams and her business, Psychic Love Specialist by Sophia; the psychic's husband, George Adams; her daughter, Tiffany Winston -- also known as Tiffany Johnson and Tiffany Adams -- and the clairvoyant's landlords, Christ and Polly Koutroumbis. His other causes of action include civil conspiracy, negligence and both intentional and negligent infliction of emotional distress.
Restrepo says Adams read his tarot cards and told him he had ``mala suerte,'' or ``bad luck'' that was placed on him by a witch hired by his ex- girlfriend. Adams told Restrepo that unless Adams removed the curse, Restrepo and his family would be ``unhappy and in danger,'' the suit states.
Restrepo seeks a minimum of $25,000 in compensatory damages, plus punitive damages.
However, Adams denies saying anything to Restrepo about a curse. She previously told City News Service that he made an appointment last Sept. 17 and was indeed given a tarot card reading, and that afterward he said he was unlucky in love and was looking for some type of healing or meditation.
Adams said she offered him a crystal for $5,100. Crystals are commonly used in tarot practice.
Restrepo could not afford the full balance, so he gave Sophia a $1,000 cash advance and the two agreed the crystal would not be ordered until the full balance was paid, according to Adams.
Despite the strong language in Restrepo's complaint, the facts as stated ``make it a legal certainty that plaintiff's maximum recovery would be $1,000,'' according to Kurtz's new court papers.
Adams could have countersued Restrepo for the unpaid balance based on the oral agreement the complaint ``tacitly admits,'' but she did not want to compound the waste of the court's time, Kurtz states in his court papers.
Hearings on the dismissal and reclassification motion motions are scheduled for Sept. 20 and Sept. 21, respectively, both before Judge Gary Tanaka.