Feb 24 15 10:29a Alvarado Law Firm 9513320626 ps FILED ato ANvarado, Esq. SBN: 167860 i i vio, Alvarado, E Superior Court Of California 29970 Technology Ove, She 417F County Of Riverside urieta, Calton, 92553, 02/24/2015, lephone. jcaimile. (951) 332-9626 M Lopez Attorney for Plaintiff, BY FAX SHIRLEY COX IN THE Fearne COURT OF THE STATE OF CALIFORNIA AND FOR THE COUNTY OF RIVERSIDE HIRLEY COX COMPLAINT Case No. MCC1500070 Plaintiff, 1. ASSAULT AND BATTERY 2. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 3. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 4. FALSE IMPRISONMENT \MERICAN ADDICTION CENTERS and DOES 1-10, Defendants. Plaintiff Shirley Cox (hereinafter “Plaintif”), complains of Defendant as follows: GENERAL ALLEGATIONS Plaintiff Shirley Cox is, and at all times mentioned herein was, an individual residing in Monroe, North Carolina. Plaintiff Shirley Cox is informed and believes, and on that basis alleges Defendant American Addiction Centers (“Addiction Centers’), is and all times mentioned 1Feb 24 15 10:30a 25 16 n 13 19 Alvarado Law Firm 9513320626 pz herein was, a California company of unknown capacity, doing business in Murrieta, in the County of Riverside, California. 3] The true names and capacities, whether individual, corporate, associate or otherwise of other defendants sued herein as Does 1 through 10, inclusive and each of them, are unknown to Plaintiffs who therefore sues said Defendants by such fictitious Names. Plaintiff is informed and believes, and on that basis alleges, that each of said lefendants designated as Does proximately caused damage to the Plaintiff or are 1erwise responsible for the acts complained of herein. The Plaintiff will seek leave of this court to amend the complaint when the true names and capacities of Does 1 through 10 are ascertained. 4 Plaintiff is informed and believes, and on that basis alleges, that the Defendants, and each of them, including the fictitiously named Defendants, were the agents, servants and employees of the co-Defendants, and in doing so or failing to do the acts mentioned herein were acting in the course and scope of their authority and with the Permission and consent of their co-Defendants. 5. Atall times herein, Defendant operated a medical facility in Murrieta, California. Defendant purported to treat Plaintiff for various medical reasons and did so perform mhedical treatment on Plaintiff. FIRST CAUSE OF ACTION ASSAULT AND BATTERY @. Plaintiff incorporates by reference Paragraphs 4 through 6, inclusive of the Gompiaint as if the samme had been set forth at length herein, 7. On or about the time frame of March, 2014, Plaintiff was admitted for medical tfeatment at Defendant's medical facility in Murrieta. Plaintiff informed Defendant's epresentatives of her medical condition and request for treatment. 2Feb 241510:30a Alvarado Law Firm 9513329626 ps © 1/10. Upon release, Plaintiff requested her medical records on several occasions to dptermine the treatment which was provided but such medical records were never ® || released to her. ° |]. The actions of Defendant caused Plaintiff to be fearful and great imminent harm. 10/12. The harm to Plaintiff is an amount uncertain at this time, but in excess of this 22 | Court's jurisdiction. 2 1/18. Defendant's representatives acted herein alleged oppressively and maliciously, 23 | ahd therefore, Plaintiff is entitled to punitive or exemplary damages. “114. Defendant's representatives actions amounted to a touching with an intent to 15 |/ harm or offend Plaintiff. 16 ]|15. Plaintiff did not consent to the touching as described above. 6. Plaintiff was harmed by the touching as described above, 16 |/17. reasonable person would have been offended by the touching as described 2 |labove. 26 1118. Defendant acted herein alleged oppressively and maliciously, and therefore, 21 || Plaintiff is entitled to punitive or exemplary damages. SECOND CAUSE OF ACTION 29 Intentional Infliction of Emotional Distress 19. _ Plaintiff incorporates by reference Paragraphs 1 through 5 of the General 25 || Allegations, Paragraphs 7 through 17, inclusive of the First Cause of Action as if the 26 jl same had been set forth at length herein. Po 26 3Feb241510:31a Alvarado Law Firm 9513320626 po 20. Asdiscussed above, Defendant performed unauthorized medical treatment on jaintiff. Defendant kept Piaintiff against her will and provided her with harsh narcotics inst her will, causing Plaintiff to be fearful of imminent physical contact. Defendant, when it made the actions on Plaintiff intended to and did indeed inflict jotional distress on Plaintiff. The harm to Plaintiff is an amount uncertain at this time, but in excess of this jourt’s jurisdiction. 28. Defendant acted herein alleged oppressively and maliciously, and therefore, Flaintiff is entitled to punitive or exemplary damages. THIRD CAUSE OF ACTION Negligent Infliction of Emotional Distress 24. Plaintiffs incorporate by reference Paragraphs ‘ through § of the General llegations, Paragraphs 7 through 18, inclusive of the First Cause of Action as if the ame had been set forth at length herein Paragraphs 20 through 23, inclusive of the econd Cause of Action as if the same had been set forth at length herein 25. Defendant, were careless in their actions and failed to exercise their proper duty |] of care to Plaintiff. 26. The harm to Plaintiff is an amount uncertain at this time, but in excess of this gourt's jurisdiction. 7. Defendants acted herein alleged oppressively and maliciously, and therefore, laintiff is entitled to punitive or exemplary damages. FOURTH CAUSE OF ACTION False Imprisonment 28. Plaintiffs incorporate by reference Paragraphs 1 through § of the General llegations, Paragraphs 7 through 18, inclusive of the First Cause of Action as if the same had been set forth at length herein, Paragraphs 20 through 23, inclusive of the econd Cause of Action as if the same had been set forth at length herein; Paragraphs 4Feb 24 15 10:31a 2 hy 2 of 3 3 3 3 2. Alvarado Law Firm 9513329626 p10 through 27 of the Third Cause of Action as if the same had been set forth at length rein. Plaintiff claims that she was wrongfully restrained or confined by Defendant and deprived of her freedom of movement by use of physical force. w. Defendant compelled Plaintiff to stay at their facility for a two to three day period time. Plaintiff did not willingly consent to stay at the Defendant's facility. Plaintiff was harmed by Defendant's actions. Defendant's conduct was a substantial factor in causing harm to Plaintiff. Plaintiff is entitled to damages for the harm caused by Defendant. WHEREFORE, Plaintiff prays for judgment against Defendant as follows: FOR THE FIRST CAUSE OF ACTION 1. For general damages, together with special, consequential and compensatory damages according to proof at the time of trial in an amount of at least $1,000,000; For punitive damages; For costs of suit, incurred herein, including reasonable attomeys fees; and For such other, further and different relief as the Court may deem appropriate. FOR THE SECOND CAUSE OF ACTION 1. For general damages, together with special, consequential and compensatory damages according to proof at the time of trial in an amount of at least $1,000,000; 2. For punitive damages; 3. Fer costs of suit, incurred herein, including reasonable attorneys fees; and 4. For such other, further and different relief as the Court may deem appropriate.Feb 24 15 10:32 16 ” 13 19 Alvarado Law Firm 9513329626 pat FOR THE THIRD CAUSE OF ACTION 1. For general damages, together with special, consequential and compensatory damages according to proof at the time of trial in an amount of at least $1,000,000; 2. For punitive damages; For costs of suit, incurred herein, including reasonable attorneys fees; and 4. For such other, further and different relief as the Court may deem appropriate. FOR THE FOURTH CAUSE OF ACTION 1. For general damages, together with special, consequential and compensatory damages according to proof at the time of trial in an amount of at least $1,000,000; 2. For punitive damages; For costs of suit, incurred herein, including reasonable attomeys fees; and 4. For such other, further and different relief as the Court may deem appropriate. ated: February 23, 2015 Respectfully submitted, THE ALVARADO LAW FIRM 2 7 By: Mario Alvarado Attomey for Plaintiff, SHIRLEY COXFeb241510:282 Alvarado Law Firm 9513320626 p2 Mario Alvarado, BBN 1678 29870 Technolo Drive, Suite 117F Murrieta, CA 93 Tremont na. |(951)S41-2506 eaxno. (951)332-9626 [Plaintiff Shirley Cox i ATTORNEY FOR Mae): a F rorstets aoe coconeses SO 7SS-D Aud Street euacanoress| Grenson cone | Murrieta, CA 92563 sence nae ASE NAME: ; ! Shirley Cox v.|American Addiction Centers ' CIVIL CASE COVER SHEET Complex Case Designation er (2) unites |) Limited sie ea MCC1500070 vate a CT counter E] Joiner | —____SEEROROUTE demanded Gemanded is | Filed with frst appearance by defendant exceeds $25)000) $26,000 orless)| __ (Cal. Rules of Court, rule 3.402) oa i f “ftom ¥-6 below must be completed (see insinscios on page 2). ‘Check one box below forthe case ‘ype that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation Tito 22) “] Breach of contactwaranty (96) (Cal. Rules of Cour, res 3400-3403) FF Uninsired oto (28) ule 3.740 colecions (9) [_] Antirust rede eguiaton 02) ‘Other PUPDAND (PoraonalInjuryProperty Other eatectons (08) Conetnuetioncatct (10) DamagerWrongfl Daath} Tort Insurance coverage (18) Mass ton (4), [1 Asbestos (4) Onner contact (37) ‘Securties fsgaion (28) | [ Procuct iy 4 eal Proporty Envrormerta/Toxie tort (30) [E) tecicat mepractice (45) Eminent demainvinverse Insurance coverege claims arising from the 92 3 (4) other PrPpiwD <23) ‘oncemnation (14) ‘Soave isled provisionally complex 2358 Non PUPDIND (the To (2 rng enton (3) aoa | Business it/unfair busirass practce (07) L] Other rea property (2) Enforcoment of Judgment Givi rights (08), Unlawis Detainer ( Enforcement of judgment (20) Detamation (13) Commercial (31) Miscetiancous Civil Complaint Fraud (16) (3 Resident 2) (J reoen TJ inctectupropery (19) Drugs 28) (CD ether complain (not spect above) (42) Professiond| negligence (25) Jugs Review imslseauie en peee (J ther non-puPoIWD tort (38) (J Asset forfeiture 05) (J Partnership and corporate governance (21) Employment TI mone aratonaworctt) =} ouer setter st ean bore ‘Wrongful tferination (36) [) wait of mandate (02) [) other emg (15) [271 other jusicial review 9) 2 This case [lis [aT isnot complex under rule 3.400 of the California Rules of Court the case is complex, mark the ‘actors requiing exceptional judicial management 2. J Large humber cf separately represented parties —_d. [_] Large number of witnesses b.[] Extensive motion practice raising difficutt ornovel__¢. [—_] Cocrdination with related actions pending in one or sore courts igsues|that will be time-coneuming to resolve in other counties, states, or countries, o ina federal court cL] substdntial amount of documentary evidence +. (21 Substantial postjudgment judicial supervision 3. Remedies sought (check af! that apoly): [47] monetary ».[—] nonmonetary; declaratory or injunctive relief <.[¥ punitive 4. Number of causes of action (specity 5. Thisease [lis isnot acass action sult 4. there ate any known related cases, fle and serve a notice of related case, (You may use form CM-15,) ate; 2/23/201 ‘Mario Alvarado| + Plaintiff must Under the Pro in sanctions * File this cover * If his case is other parties = Unless this is. Fae {50 TRE PARTY GR ATONE FORPART) NOTICE this cover sheat with the first paper filed in the action or proceeding (except small claims cases or cases fied te Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Faure to fle may result hee! in addition to any cover sheet requited by local court rule. wmplex under rule 3.400 el seq. of the Califomia Rules of Court, you must serve a copy of this cover sheet on all the action or proceeding collections case under rule 8.749 or & complex case, this cover aheet wil be used for statistical purposes only rc Phar Thee AnweD GucET Wa Rando aTFeb 241510:28a Alvarado Law Firm 9613320626 p3 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Filing First Papers. if you are fling a frst paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civi! Case Cover Shee! contained on page 1. This information willbe used to compile statistics about the fypes and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 7, you must check ‘one box for the case type that best describes the case. If the case fits both @ general and a more specific type of case listed in item 1, check the more speffic one. If the case has multiple causes of action, check the box that best indicates the primary cause of action, ‘To assist you in completing the shee!, examples of the cases that belong under each case type in tem 1 are provided below. A cover sheet must be fled bly with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject @ pay, its counsel, or both fp sanctions under rules 2.30 and 3.220 of the Califomia Rules of Court To Parties in Rute 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money ‘owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in ‘hich properly, servjoes, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort amages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (6) a prejudgment writ of attachment. The identiication ofa case as a rule 3.740 coliectons case on this form meang that it will be exempt from the general time-for-service reqijrements and case management rules, unless 2 defendant filos a resporsive pleading. A rule 3.740 collections. ‘case will be subject fo the requirements for service and obtaining a judgment in rule 3.740, To Parties in Complex Cases. In complex cases only, parties must also use the Civif Case Cover Shoot to designate whether the ‘case is complex. If piaintf believes the case is complex under ule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in tems 1 and 2. Ifa plaintiff designates a case as complex, the cover sheet must be served with the. Complaint on ail partes to the action. A defendant may file and setve no later than the time of its fist appearance a joinder in the Plaintif’s designatiog, 2 counter-designation that the case is nat complex, or, ifthe plaintiff has made no designation, 2 designation that the case is complex, Auto Tort (thes PUPDMWD (a3) Promises Lisbity (2, ship ‘ne fa) Intentional Bog iy Inui (es, asspul,vandalisr) Intentional Infton of Eretiona Distress Negligent Infiaion af igen onerPirorWo Non-PYPDAND (Otheor} Tort Business TorvUntdr Business Pracive (07) Civil Righis (ec. ¢scrnination, false arest) (nb ct Inarassment (68) Defamation (eg, dander, tibet) 3) Fraud (18) Intebectual Property (18) Professional Negigence (25) Legal Ma prac (Other Professijnal Valpractice (not ected! or ‘Other Non-PUPDAND Ter (25) Empioyment ‘Shon Temintin 05) Other Employment (18) Seer a aT (CASE TYPES AND EXAMPLES Contract ‘Breach of GontrectWarranty (05) Breach of RentalLease ‘Contact (not unfawotdetainar wrongful eviction) (ConisacttWarranty Breach-Seiler iain (net raud or neghgence) \Negigert Breach of Contracy! ‘Warranty ‘Other Broach of Contract Werrany Collections (eg, mongy owed, open ‘book accounts) (09) ollecion Case-Selie Paint! ‘Other Promiscory Noto/Collections Case Ingurance Coversge (not provisionally ‘onmon) 8) ‘Ate Subrogation Other Coverage: orner Contact (97) ‘Contractual Fraud ‘thor Contract Dopute Real Property Eminent Domsiainverse ‘Condemnation (14) ‘Wrong: Evicton (33) Other Real Property (eg. qus it) (26) ‘Wtf Possession of Real Property Mortgage Foreclosure Quiet Te ier Real Property (rot eminent oman lancloeenant, © ferocisire) Uniawtul Detainer ‘Commercial (1) Residential G2) rugs (5) (the case invohes egal huge, shock tion hor, (epee Commer or Reise) i Review ‘Asso! Forature (05) Peston Re: Arbitration Awacd (11) ‘itor Mandate (02) hi Raminstrotve Mandamus Wet Atandorus on Ued Cour Case Matter Wht-Other Limited Court Case Review ‘tne Jie Review (20) Row of Hesin Offeer Order Notie of Appeai-Labor Commissioner Apseais rovisionally Complex Civil Litigation (Cal. Rules of Court Rules 2.400-2.403) ‘atrus/Trade Regulation (03) ‘Construction Detect (10) {Clakns Involving Mass Tost (40) Secuties Litigation (28) EnvironmentaToxie Ter: (30) Insurance Coverage Claime (arising fom provisional complex ‘case ie fisted above) (41) Enforcement ef Judgment “Enforcersent of Jusgment (20) ‘Abstract of Judgment (Ou of County) ‘Confession of kudgment (aon domestic relations) Sister State ducoment Adrninéstrative Agency Award (not unpata tacos) PeitionCertficaion of Enty of Judgment on Unpati Taxes iscellsneous Civil Complaint ICO 7) ‘Other Complain: (not spectiog ‘sbove) (22) Declaratory Raliet Only Injunative Relit Only cn ‘rarassmend) Mechanic Lien (Omer Commercial Complaint Case (non-orvhnar-comoien) Other Cid Complaint {(nomorthor-compex) ‘Miscellaneous Civil Petition Partnership and Corporate ‘Governance (21) ‘Other Patton (00! speciied ‘above) (43) Ghat Horassment Workplace Vieteace ElderDependent Adit ‘Abuse Election Contest elton for Name Charge Pein for Reet From Late aim Omer Chl Pettion