1 Roger E. Booth- Bar No.

154691
Carly L. Sanchez- Bar No. 300469
2 Andrew S. Pruitt
BOOTH& KOSKOFF
3 21250 Hawthorne Boulevard, Suite 475
Torrance, CA 90503
4 310/ 515- 1361; Fax: 310/ 540- 0433

5 Attorneys for Plaintiff

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF RIVERSIDE
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OPERATION SAFE HOUSE, INC. Case No. *
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Plaintiff,
13 vs.

COMPLAINT FOR DAMAGES

14 COUNTY OF RIVERSIDE, ASHLEY )
ACEVES, and DOES 1 through 50, )
15 inclusive, Demand for Jury Trial]
16 Defendants.

17

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Plaintiff hereby alleges as follows:
19

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PARTIES
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1. Plaintiff Operation Safe House, Inc. (" Safe House") is a non-profit shelter
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incorporated under the laws of the state of California with its principal place of business located in
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Riverside, California.
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2. At the time of the events detailed below, defendant Ashley Aceves was a social
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worker employed by defendant County of Riverside in the Children' s Services Division of the
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Department of Public Social Services (" DPSS"). Ms. Aceves, and the County of Riverside as a
27
whole, will sometimes jointly be referred to in this complaint as " Defendants."
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Complaint
 1 3. Plaintiff presented a governmental claim to the County of Riverside on September
2 9, 2019, and the County of Riverside rejected Plaintiffs claims on September 13, 2019.
3 4. Defendant DOES 1 through 50, inclusive, are individuals and/ or entities doing
4 business or residing in California whose true names and capacities are unknown to Plaintiff, who
5 therefore sues such defendants by such fictitious names. Plaintiff will amend the complaint to show
6 the true names and capacities of each such DOE defendant when ascertained. Each such defendant

7 is legally responsible in some manner for the events, happenings and/or tortious and unlawful
8 conduct that caused the injuries and damages alleged in this complaint. The named defendants and

9 the DOEs are sometimes hereinafter referred to collectively as " Defendants."

10 5. Each Defendant is the agent, servant and/ or employee of the other Defendants, and

11 each Defendant was acting within the scope of his, her or its authority as an agent, servant and/ or
12 employee of the other Defendants. Defendants, and each of them, are individuals, corporations,

13 partnerships and other entities which engaged in, joined in and conspired with the other wrongdoers
14 in carrying out the tortious and unlawful activities described in this complaint, and Defendants, and
15 each of them, ratified the acts of the other Defendants as described in this Complaint.

16

17 FACTUAL ALLEGATIONS

18 6. On or about June 7, 2016, Plaintiff and Defendant County of Riverside, Department

19 of Public Social Services entered into Services Agreement CS- 03260 (" Agreement"), wherein

20 Plaintiff agreed to provide temporary shelter for Riverside County dependents, ages 11 - 17, who

21 were in need of emergency and/ or temporary housing while options for permanent housing were
22 being explored.
23 7. The Agreement effective
period extended from July 1, 2016 - June 30, 2021.

24 8. The Agreement specified the unit of service cost rate as $ 25. 57 per bed for a
25 minimum of 12 beds, whether occupied or unoccupied, not to exceed a total payment of more than
26 $ 112, 000 per fiscal year.
27 9. In or about May 2019, the parties amended the Agreement to allow for a unit of
28 service cost rate of$ 150 per bed for occupied beds for a minimum of six beds, and $ 25. 57 for

Pleadings\ Complaint. wpd

2 Complaint
 1 unoccupied beds for a minimum of six beds, not to exceed $ 328, 500 per fiscal year. This

2 amendment was to go into place on July 1, 2019.

3 10. The Agreement between Plaintiff and Defendant County of Riverside required

4 Defendant to perform the following services, among others:

5 a. Assign staff to be liaison between DPSS and Plaintiff;

6 b. Refer youth between the ages of 11 and 17 to Plaintiff for temporary emergency
7 shelter services;

8 c.
Provide Plaintiff with " detailed information necessary for intake ( i.e. information
9 about the youth and the person placing youth at the facility)"; and

10 d. Ensure that medical, psychological, psychiatric, and therapy services are made
11 available and provided to each child while they are placed with Plaintiff. The DPSS
12 social worker was required to offer instructions to Plaintiffregarding the needs ofthe

13 youth.
14 11. Throughout the Agreement effective period, Defendant County of Riverside
15 repeatedly breached the above duties by failing to provide Plaintiff with detailed information for
16 intake, including failing to provide Plaintiff with information regarding youths' histories, including
17 histories involving violent or aggressive tendencies. Defendant further breached the above duties
18 by repeatedly failing to ensure that the youths whom they were dropping off were receiving the
19 necessary medical and mental health treatment that they required, including, but not limited to,
20 failing to ensure that youths were dropped off with their necessary psychotropic medications.
21 12. On or about June 13, 2019, Defendant Ashley Aceves, placed an at- risk youth,
22 Ashley B. at Operation Safe House pursuant to the Agreement. At the time ofplacement, Defendants
23 were required to provide Plaintiff with necessary information about Ashley B., including, but not
24 limited, Ashley B.' s past history ofviolence towards youth and violent tendencies. Defendant Aceves
25 failed to inform Plaintiff that Ashley B. had a history of violent and aggressive behaviors, despite
26 the fact that Defendant knew or should have known about Ashley B.' s violent tendencies. As a
27 result, Plaintiff and its employees were unaware of Ashley B.' s violent history and were unable to
28 take necessary measures and precautions, including, but not limited to, declining to take placement
Pleadings\ Complaint. wpd
3 Complaint
 1 of Ashley B., to ensure the safety and security of its employees and other youth.
2 13. Shortly after being placed at Safe House, Ashley B. attacked and assaulted Safe

3 House shelter director Jackie Moot, resulting in severe physical and psychological injuries to Ms.
4 Moot. Ashley B. further damaged and destroyed property that belonged to Plaintiff in a violent rage.
5 Ashley B. was escorted from Safe House and taken to County of Riverside Emergency Treatment
6 Services in order to obtain mental health treatment and to contain her violent behavior. Upon her

7 release, and just hours after she had physically assaulted a Safe House employee, the County of
8 Riverside attempted to place Ashley B. back at Safe House, thus ratifying Defendant Aceves'
9 intentional misrepresentation when placing Ashley B. at Safe House.
10 14. As a result of the above- described incident, Safe House has experienced damage to

11 its reputation as a safe respite for at- risk youth. It has further incurred an increase in its workers
12 compensation premiums and costs arising from additional staffing and security as a result of the
13 incident. Moreover, the incident has made it difficult for Plaintiff to obtain insurance that is required

14 for the running of its shelter.

15 15. After these events, Plaintiff, understandably, placed a temporary moratorium on
16 placements of Riverside County dependents until such time as Riverside would agree to provide
17 Plaintiff with detailed information necessary for intake, so that Plaintiff could ensure the safety of
18 their employees and residents. Defendant responded by terminating its Agreement with Plaintiff
19

20 FIRST CAUSE OF ACTION - BREACH OF CONTRACT

21 16. Plaintiff hereby incorporates by this reference all paragraphs of this complaint as if
22 fully set forth herein.
23 17. A valid contract, the Agreement, existed between Plaintiff and Defendants.

24 18. At all material times, Plaintiff complied with the duties and conditions that the

25 Agreement required of it, except those which are illegal, excused, waived, or inapplicable for any
26 other legally valid reason.
27 19. At all material times, Plaintiff was accepting placement of Riverside County
28 dependents at Safe House and otherwise fulfilling all duties and conditions required under the
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4 Complaint
 1 Agreement for Defendants' performance under it.
2 20. Pursuant to the Agreement, Defendants owed Plaintiff a duty to provide Plaintiff with
3 detailed information about the youths whom Defendants were placing at Plaintiff' s shelter and to
4 coordinate the medical and mental health needs ofthose youth, including ensuring that their physical,
5 medical, psychological, psychiatric, and therapy services were available and provided to each child
6 while they were placed with Plaintiff.
7 21. Defendants breached these duties by dropping off Ashley B. at Plaintiff' s shelter
8 without providing Plaintiff with information about Ashley B.' s violent and aggressive tendencies and
9 by failing to ensure that Ashley B.' s mental health needs were met when she was placed at Safe
10 House.

11 22. Pursuant to Government Code sections 815. 2( a) and 820 and Evidence Code section

12 669, Defendant Aceves is liable for breaching the Agreement as described above and the County
13 of Riverside is vicariously liable for these violations.

14 23. As a result of Defendants' contractual breach, Plaintiff was damaged as set forth

15 above.

16

17 SECOND CAUSE OF ACTION - FRAUD

18 24. Plaintiff hereby incorporates by this reference all paragraphs of this complaint as
19 if fully set forth herein.
20 25. Before agreeing to accept placement of Ashley B., plaintiff specifically asked
21 Defendant Aceves if Ashley B. had a history of violence or had any violent tendencies. Ms.
22 Aceves stated affirmatively that Ashley B. had no such tendencies, but reported that Ashley did
23 have a developmental disability that caused her to throw tantrums like a five-year- old. Plaintiff
24 employee Jackie Moot inquired further, asking if Ashley B. hit or threw things during these
25 tantrums. Ms. Aceves stated that Ashley did not. When making these misrepresentations, Ms.
26 Aceves knew that they were false, but was attempting to help her employer, County of Riverside,
27 by ensuring that Ashley B. was able to be placed at Safe House.
28 26. Defendants' representations that Ashley B. was non-violent and did not have
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5 Complaint
 1 violent tendencies was absolutely false, as was Defendants' representations that Ashley B.' s
2 tantrums resembled those of a five-year- old and that Ashley B. did not hit or throw when
3 throwing tantrums. Defendants knew these representations were false at the time they were

4 made.

5 27. Defendants intended that Plaintiff rely on these material misrepresentations in

6 deciding to accept placement of Ashley B. at its shelter and Plaintiff did reasonably rely on these
7 misrepresentations. Had Plaintiff been told the truth about Ashley B.' s violent history, it would
8 not have agreed to accept placement of Ashley and put its employees and other residents at risk.
9 28. Pursuant to Government Code sections 815. 2( a) and 820 and Evidence Code

10 section 669, Defendant Aceves is liable for fraud as described above and the County of
11 Riverside is vicariously liable for these violations.
12 29. As a result of Defendants' material misrepresentations pertaining to Ashley B.' s

13 history, plaintiff was damaged as set forth above.

14

15 THIRD CAUSE OF ACTION - INTENTIONAL INTERFERENCE WITH

16 PROSPECTIVE ECONOMIC RELATIONS

17 30. Plaintiff hereby incorporates by this reference all paragraphs of this complaint as
18 if fully set forth herein.
19 31. Plaintiff was in economic relationships with other entities throughout the

20 County of Riverside that probably would have resulted in an economic benefit to Plaintiff.
21 32. Defendants knew that Plaintiff was engaged in economic relationships with other

22 entities throughout the County of Riverside, as it knew that Plaintiff was providing shelter for at-
23 risk youth who were not Riverside County dependents.
24 33. Despite its knowledge of Plaintiff' s other economic relationships throughout

25 Riverside, Defendants failed to provide Plaintiff with accurate and detailed information about
26 Ashley B.' s violent tendencies and aggressive behaviors, resulting in the above- described June
27 13, 2019 incident. In failing to provide Plaintiff with this information, Defendants knew, or
28 should have known, that its behavior was certain or substantially certain to result in the loss of
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6 Complaint
 1 Plaintiff' s other economic relationships, as other entities would no longer feel safe placing at- risk

2 youth in Plaintiff' s shelter.

3 34. In fact, Plaintiff' s reputation was materially harmed by Defendants' conduct, and
4 Plaintiff did, in fact, lose some of the economic relationships that it had with entities in Riverside

5 County.
6 35. As a result of Defendants' interference with Plaintiff' s other economic

7 relationships, plaintiff was damaged as set forth above.

8

9 FOURTH CAUSE OF ACTION - NEGLIGENT INTERFERENCE WITH

10 PROSPECTIVE ECONOMIC RELATIONS

11 36. Plaintiff hereby incorporates by this reference all paragraphs of this complaint as
12 if fully set forth herein.
13 37. Plaintiff was in economic relationships with other entities throughout the

14 County of Riverside that probably would have resulted in an economic benefit to Plaintiff.
15 38. Defendants knew or should have known that Plaintiff was engaged in economic

16 relationships with other entities throughout the County of Riverside, as it knew that Plaintiff was
17 providing shelter for at- risk youth who were not Riverside County dependents.
18 39. Defendants knew or should have known that Plaintiff' s other economic

19 relationships would be disrupted if it failed to act with reasonable care. In particular, it knew or
20 should have known that Plaintiff' s other economic relationships would be disrupted if

21 Defendants placed violent or aggressive children at Plaintiff' s shelter, placing Plaintiff' s

22 employees and other residents at risk.

23 40. Despite its knowledge, Defendants failed to act with reasonable care and engaged

24' in wrongful conduct by affirmatively lying to Plaintiff about Ashley B.' s violent tendencies and
25 aggressive behaviors, in breach of their Agreement with Plaintiff. In failing to provide Plaintiff
26 with this information, Defendants knew, or should have known, that their behavior was certain or

27 substantially certain to result in the loss of Plaintiff' s other economic relationships, as other
28 entities would no longer feel safe placing at-risk youth in Plaintiff' s shelter.
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7 Complaint
 1 41. In fact, Plaintiff' s reputation was materially harmed by Defendants' conduct, and
2 Plaintiff did, in fact, lose some of the economic relationships that it had with entities in Riverside

3 County.

4 42. As a result of Defendants' interference with plaintiff' s other economic

5 relationships, plaintiff was damaged as set forth above.
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7 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of

8 them, for the following:
9 1. Nominal, general, special, and consequential damages according to proof.
10 2. Costs of suit.

11 3. Prejudgment and postjudgment interest according to proof.

12 4. Such other and further relief as the Court may deem just and proper.
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14 Dated: January15, 2020 BOOTH & KOSKOFF

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16 By
iSarky L. 54491z
17 Attorneys for Plaintntfffs

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 1 JURY DEMAND

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Plaintiff hereby demands a jury trial on all issues so triable.
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Dated: January15, 2020 BOOTH & KOSKOFF
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By / / cc., t/ W 2 z
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alyLSn
Attorneys for P
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