Amended Complaint Against NCHS and Superior Court

1 Alejandro Sanchez
615 Townsite Drive

2 Vista, CA 92084
760-681-4109
3 Plaintiff
4
6 UNITED STATES DISTRICT COURT

7 SOUTHERN DISTRICT OF CALIFORNIA
8 Alejandro Sanchez )
)
9 Plaintiff. ) Case No. 10cv0218 BEN WVG
) Judge: Hon. Roger T. Benitez
10 v. )
)
11 Superior Court of The State of California )
County of San Diego North County Division ) (1). Denial Of Access To The State Court Of
12 Civil Filling Clerks CARLOS; TONY; and ) California Northern Division
MARIE individually as well as in their Official ) (2). Racial Discrimination
13
capacity; Clerk Lynn Arthur individually as well ) (3). Violation Of Due Process And Equal
as in her Official capacity; Clerk Reporter ) Protection Clause
14 ) (4). Defamation Of Character
Jennifer Stark individually as well as in her ) (5). Harassment; Retaliation
15 Official capacity; Sergeant Thomas Cleary ) (6). Violation Of The American With
individually as well as in his Official capacity; ) Disability
16 Deputy Doug Sanders individually as well as in ) Act.
his Official capacity; Supervisor Nancy Wikoff ) (7) Violation of the Unruh Civil Rights Act
17 individually as well as in her Official capacity. ) (8). Violation Of First Amendment Right
NCHS supervisor Tiffani Mauro; Irma Cota ) (9). Complaint For Permanent Injunction
18
President and CEO, Phil Lenowsky Chief
19 Financial Officer, Kevin Ellis Chief Medical
Officer of the North County Health Services a Date: April 19, 2010
20 Private Non Profit Corporation, Board of Directors Time: 10:30 a.m.
of North County Health Services George E. Lopez Courtroom: 3 (4th Floor)
21 Chair, Melissa Brown Board Vice-Chair, Diane
Seaberg Secretary, Rick Martinez Treasurer,
22 Adriana Andres-Paulson Immediate Past Chair, Complaint filed: January 28, 2010
Andres Martin Board of Director, Clyde H. Beck
23
Jr. Board of Director, Emigdio Lopez-Ramirez
24 Board of Director, Shohre Zaheri Board of
Director, Walt Steffen Board of Director. North
25 County Health Services (North County Health
Project Incorporated). and does 1-100
26 Defendants
27
28
1
FIRST AMENDED COMPLAINT
First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,
1 I.
2 JURISDICTION AND VENUE
3 This Court has jurisdiction of this action pursuant to American with Disabilities Act, Due
4 Process and Equal Protection Clause, First Amendment Rights, and related Federal regulations.
5 Additional claims in this case arise under the laws of the State of California, California
6 Constitution.
7 Venue is proper in this Court under 28 U.S.C § 1391 (b). Plaintiff and Defendants reside
8 within the County of San Diego, in the Southern District of California. Defendant Superior Court
9 of the State of California County of San Diego North County Division is a state agency, referred
10 to herein as "Superior Court." Superior Court Defendants Civil Filling Clerks CARLOS; TONY;
11 and MARIE individually as well as in their Official capacity; Clerk Lynn Arthur individually as
12 well as in her Official capacity; Clerk Reporter Jennifer Stark individually as well as in her
13 Official capacity; Sergeant Thomas Cleary individually as well as in his Official capacity;
14 Deputy Doug Sanders individually as well as in his Official capacity; Supervisor Nancy Wikoff
15 individually as well as in her Official capacity are all employees and conduct business in the
16 Superior Court of the State of California County of San Diego North County Division.
17 Defendant Tiffani Mauro is Vice President of Operations for North County Health Services,
18 Defendant Irma Cota is President and CEO of North County Health Services, Defendant Phil
19 Lenowsky Chief Financial Officer of North County Health Services, Defendant Kevin Ellis is the
20 Chief Medical Officer for North County Health Services, Defendant George E. Lopez is the Chair
21 of North County Health Services, Defendant Melissa Brown is the Board Vice-Chair of North
22 County Health Services, Defendant Diane Seaberg is the Secretary of North County Health
23 Services, Defendant Rick Martinez is the Treasurer of North County Health Services, Defendant
24 Adriana Andres-Paulson is the Immediate Past Chair of North County Health Services, Defendant
25 Andres Martin is Board of Director of North County Health Services, Defendant Clyde H. Beck
26 Jr. is Board of Director of North County Health Services, Defendant Emilio Lopez-Ramirez is
27 Board of Director of North County Health Services, Defendant Shohre Zaheri is Board of Director
28 of North County Health Services, Defendant Walt Steffen is Board of Director of North County 2
1 Health Services; North County Health Project Incorporated/ North County Health Services
2 referred to herein as, "NCHS." NCHS is a Corporation all above name Defendants are employees
3 of North County Health Services a Non-Profit 501C3 Corporation. All Defendants conduct their
4 course of business in the State of California County of San Diego. All of the events affecting
5 Plaintiff occurred within the Southern District of California.
6 II.
7 NATURE OF THE ACTION
8 Plaintiff, his wife and five children have been patients of NCHS for on or about fifteen years
9 (15). Plaintiff had never filed a written complaint against NCHS with NCHS administration.
10 Recently Plaintiff filed a letter of complaint at the North County Health Office “NCHS” in the San
11 Marcos site for staff painting inside the building in the waiting area while patients were waiting.
12 Plaintiff and his children and other patients were sitting in the waiting area while the walls were
13 being painted, smelling the paint; all the windows and doors were completely closed. Plaintiff and
14 his children are severely asthmatic and have multiple allergies. Concurrently Plaintiff complained
15 that the pharmacy's computer was constantly down and medications were not timely dispensed.
16 Plaintiff filed a written Complaint in the NCHS San Marcos office located at 150 Valpreda Rd.
17 San Marcos CA. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the
18 Director of the San Marcos Office. Defendant Mauro assured Plaintiff she would follow through
19 with the complaint and sent Plaintiff a response letter.
20 The third complaint was in regard to HINI not being readily available to children with
21 respiratory problems.. In fifteen years Plaintiff complained a total of four times, three of these
22 times were current complaints. The complaints were given to Defendant Tiffani Mauro and her
23 assistants. Right after Plaintiff filed the current complaints with Defendant Tiffani Mauro he
24 received a letter dated January 15, 2010 and signed by Defendant Kevin Ellis Court of the State of
25 California County of San Diego North County Division via regular mail. Notifying Plaintiff that,
26 “the North County Health Services can no longer provide services to you.” Accusing Plaintiff of
27 being, “rude and threatening to several staff members and it now appears that you are now
28 inappropriately interested in one or more female staff at North County Health Services….” 3
1 There were no court documents or any documents to show Defendants of North County Health
2 Services ever filed anything in court instead they said they filed a police report.
3 On or about January 15, 2010 an action was commenced against Plaintiff Sanchez by NORTH
4 COUNTY HEALTH SERVICES in the SUPERIOR COURT OF THE STATE OF
5 CALIFORNIA, FOR THE COUNTY OF SAN DIEGO (North County Division).
6 The Complaint was never served on Plaintiff Sanchez. Plaintiff Sanchez was never served with
7 the Notice of Complaint or the Memorandum of the Complaint or any supporting documents. On
8 January 26, 2010 Plaintiff Sanchez was notified via overnight mail [letter] of Defendant's North
9 County Health Services Ex Parte scheduled for January 27, 2010 at 8:30 a.m. in the morning at
10 Department 7 Judge David Brown presiding. Plaintiff Sanchez was never served with a timely
11 Notice of the Ex Parte Motion, Motion or Supporting Memorandum of Ex Parte Motion, other
12 supporting documents, Proof of Service declarations, exhibits, appendices and or other documents
13 of either the Notice or the Memorandum of the Ex Parte Communication as authorized by CCP §
14 1010; Cal Rules Ct., Rule (s) 3.12061; 3.1112; 3.1306 (a); 3.1202 (c));2 3.1203; 3.1200.3 CCP Rule
15 (s) 3.1204 (b);4 Plaintiff Sanchez was informed by an acquaintance that an action was register in
16 the California Court North County Division.
17 The action was registered and it is still registered in the electronic docket as Case No. 37-2010-
18 00050386-CU-HR-NC.
19
20
1
Cal Rule (s) 3.1206 No hearing may be held unless applicant serves parties appearing at Ex
21 Parte hearing with Ex Parte Application and any written opposition.
2
Supporting documents must be attached, declarations, and any other document that demonstrates
22
the basis for Proceeding Ex Parte based upon personal knowledge. The Declaration must amount
23 to an affirmative factual showing; containing competent testimony based upon personable
knowledge of irreparable harm, immediate danger, or other statutory basis for granting Ex Parte
24 relief Cal Rules Ct. 3.1202 © CCP § 2015.5.
3
25
Multiple Procedure Safeguards to require notice to the adverse party, and courts require strict
compliance with this rule.
4
26 Party must attach Affidavit or Declaration showing Notice or attempted Notice to Opposing
Party. An Ex Parte application for an order must be accompanied by a declaration showing that
27 notice of the Ex Parte application was provided within the applicable time period, or that a good
28
faith attempt at notice was made Cal Rule 3.1204 (b). The application must also state whether
there was any response to the notice given, and whether opposition is expected Cal Rule 4
3.1204(b)(1); CCP §§ 2009, 2015.5].
1 When Plaintiff Sanchez showed up to the San Diego Court North County Division with his
2 daughter to view the file, the clerk of the court denied Defendant Sanchez access to view the file.
3 Plaintiff Sanchez attempted to get the file against him several times thereafter. The acquaintance
4 informed Plaintiff Sanchez that there was a file against him and he needed to insist that he be
5 allowed to view the public file. Plaintiff Sanchez was denied the right to view the public file of
6 Case No. 37-2010-00050386-CU-HR-NC [action against him]. Plaintiff Sanchez returned at a
7 later date and once again requested to view the public file against him and he was once again
8 denied the right to view the public file of Case No. 37-2010-00050386-CU-HR-NC of the action
9 against him by North County Health Services.
10 When Plaintiff Sanchez appeared in Courtroom 7 he cordially sat down as he listened to Judge
11 David Brown proceedings. Judge David Brown took on or about over 30 minutes with a
12 plaintiff/defendant in a restraining order. Then he took another over 15-20 minutes with another
13 restraining order party. When he called Plaintiff Sanchez and the attorney for the North County
14 Health Services Cynthia Sandoval, Judge Brown did not allow Defendant Sanchez to talk at all.
15 In fact, when Plaintiff Sanchez tried to inform the court that he was never notified or served with
16 any documents the Judge ignored and interrupted Plaintiff Sanchez the three times he attempted to
17 talk. The entire ex parte meeting was very brief less than five minutes. Judge Brown granted the
18 ex parte without any moving documents, proof of service, notices, memorandum or supporting
19 documents. NCHS attorney Cynthia Sandoval even requested that the public documents be
20 sealed. Further, that the public documents submitted to the San Diego Sheriff’s for service to
21 Defendant Sanchez be retracted and sealed. These documents were indeed made available to the
22 public then retracted and sealed. Plaintiff Sanchez was never shown or served with these public
23 documents. Plaintiff Sanchez was never given the opportunity to defend himself in this action.
24 There was absolutely nothing served or given to Plaintiff Sanchez, Plaintiff Sanchez and attorney
25 Sandoval left the courtroom and were walking outside of the court. Judge Brown Bailiff called
26 Plaintiff and NCHS attorney Sandoval back to the court. The Bailiff said, "the judge wants to see
27 you in the courtroom." When Plaintiff Sanchez and NCHS attorney went back to the courtroom.
28 Judge Brown said he only wanted to talk to attorney Sandoval and asked Plaintiff Sanchez to leave5
1 the courtroom. NCHS attorney and Judge David Brown made a back alley deals, never allowed
2 Plaintiff Sanchez the opportunity to defend himself or speak in the action and never served him
3 with any moving papers against him. Employees of the Superior Court of The State of
4 California County of San Diego North County Division have consistently denied access to the
5 court to Hispanic and disabled individuals. Plaintiff Sanchez is a disabled individual within the
6 meaning of the American with Disabilities Act “ADA.”
7 This is not the first incident as the record and the declarations by other individuals will show.
8 Other individuals and witnesses will testify that Plaintiff Sanchez a disabled individual has been
9 constantly harassed and discriminated against by employees of the Superior Court of The State
10 of California County of San Diego North County Division. Further that Plaintiff has filed
11 complaints with the San Diego County CLERB Review Board. Dozens of Disabled and Hispanic
12 people are discriminated against by the Superior Court of The State of California County of
13 San Diego North County Division and many complaints have been filed with the county of San
14 Diego. Disabled and Hispanic individuals are denied access to the Superior Court of The State
15 of California County of San Diego North County Division court every single day.
16 Defendant Sanchez did not attach copies of the above-mentioned court actions against him,
17 summons or any document to this Complaint because he was denied access to the documents filed
18 against him and he was never served with the documents. Further, Judge Brown completely
19 sealed the file on January 27, 2010. Judge Brown ordered the Vista Sheriff’s not to serve the
20 public document to Plaintiff Sanchez but to return the public documents to the court to be sealed.
21 Never allowing Plaintiff Sanchez the opportunity to view the documents or an opportunity to
22 format a defense because he did not have a clue as to what he is being accused of or who is
23 making slanderous accusations against him. Or in which manner he was defamed by the
24 documents filed and now sealed by Judge David Brown in the Superior Court of The State of
25 California County of San Diego North County Division.
26 Therefore Plaintiff Sanchez is moving these illegally sealed public documents of Case No. 37-
27 2010-00050386-CU-HR-NC over to the United States District Court for the Southern District of
28 California to adjoin this Complaint for (1). Denial of Access To The State Court Of California (2).6
1 Racial Discrimination (3). Violation Of Due Process And Equal Protection Clause (4). Defamation
2 Of Character (5). Harassment (6). Violation of the American with Disability Act “ADA” (7).
3 Violation of the Unruh Civil Rights Act (8) Violation Of First Amendment Right (9). Permanent
4 Injunction.
5 III.
6 THE PARTIES
7 Plaintiff Sanchez is a Hispanic individual with Disabilities within the meaning of the American
8 with Disabilities act, “ADA.” Plaintiff Sanchez is a resident of the city of Vista, County of San
9 Diego.
10 Defendant, Superior Court of The State of California County of San Diego North County
11 Division is a public agency in the State of California refer herein as, "Superior Court."
12 Defendants CARLOS; TONY; and MARIE are Civil Filling Clerks for the Superior Court of
13
The State of California County of San Diego North County Division. Superior Court Attorneys
14
advise the Superior Court Supervisor Holy not to release the last names of the these above named
15
16
Superior Court Defendants. Therefore Plaintiff does not know the true last names of the Civil
17 Filling Clerks. Defendants CARLOS; TONY; and MARIE are being sued in their individually
18 as well as in their Official capacity; Defendant Clerk LYNN ARTHUR is the clerk for Presiding
19
judge Robert P. Dahlquist she is being sued individually as well as in her Official capacity;
20
Defendant JENNIFER STARK is the Clerk Reporter for Presiding judge Robert P. Dahlquist she
21
22 is being sued individually as well as in her Official capacity; Defendant Sergeant THOMAS
23 CLEARY works in the Superior Court Sheriff Civil Office he is being sued in his individually as
24
well as in his Official capacity; Defendant Deputy DOUG SANDERS works in the Superior Court
25
Sheriff Civil Office he is being sued individually as well as in his Official capacity; Defendant
26
NANCY WIKOFF is the Supervisor of the Superior Court Sheriff Civil Office she is being sued
27
28
7
1 individually as well as in her Official capacity. Employees of the Superior Court are referred
2
herein as, "Superior Court Defendants."
3
Defendant TIFFANI MAURO is the Vice President of Operations for the North County Health
4
Services; Defendant IRMA COTA is the President and CEO of North County Health Services,
5
Defendant PHIL LENOWSKY is the Chief Financial Officer of North County Health Services,
6
Defendant KEVIN ELLIS is the Chief Medical Officer of the North County Health Services,
7
Defendant GEORGE E. LOPEZ is the Chair Board of Directors of North County Health Services,
8
Defendant Melissa Brown Board is the Vice-Chair of North County Health Services, Defendant
9
DIANE SEABERG is the Secretary of North County Health Services, Defendant RICK
10
MARTINEZ is the Treasurer of North County Health Services, Defendant ADRIANA ADRES-
11
PAULSON is the Immediate Past Chair of North County Health Services, Defendant ANDRES
12
MARTIN is a Board of Director of North County Health Services, Defendant CLYDE H. BECK
13
JR. is a Board of Director for North County Health Services, Defendant EMIGDIO LOPEZ-
14
RAMIREZ is a Board of Director for North County Health Services, Defendant SHOHRE
15
ZAHERI is a Board of Director for North County Health Services, Defendant WALT STEFFEN is
16
a Board of Director for North County Health Services. All North County Health Services
17
Defendants will be referred to as, "NCHS Defendants" herein.
18
North County Health Project Incorporated Private Non- Profit 501C3 Corporation. Will be
19
referred to herein as "NCHS."
20
IV.
21
FIRST CAUSE OF ACTION
22
DENIAL OF ACCESS TO THE STATE COURT OF CALIFORNIA
23
NORTHERN DIVISION
24
Plaintiff was/has been denied access to the California Courts Rule 1.100 (b) (42 U.S.C. §
25
12101; 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act; and other
26
applicable federal laws.) The Policy of the Courts in the State of California is suppose to insure
27
that persons with disabilities have equal and full access to the judicial system. Plaintiff has been
28
denied access to the Superior Court of The State of California County of San Diego North County8
1 Division on many occasions. Plaintiff a disabled person was dumped5 by NCHS in violation of 42
2 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act.
3 Plaintiff has suffered irreparable harm by the denial of his right to access the courts and view
4 documents filed against him. Plaintiff has been stopped at the front door of the Superior Court of
5 The State of California County of San Diego North County Division and told he cannot go into the
6 court to file or review documents. As a result of the systemic practice and denial by Defendant
7 Superior Court of The State of California County of San Diego North County Division Civil
8 Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official capacity;
9 Clerk LYNN ARTHUR individually as well as in her Official capacity; Clerk Reporter
10 JENNIFER STARK individually as well as in her Official capacity; Sergeant THOMAS
11 CLEARY individually as well as in his Official capacity; Deputy DOUG SANDERS individually
12 as well as in his Official capacity; Supervisor NANCY WIKOFF individually as well as in her
13 Official capacity. Plaintiff has suffered monetary damages in the sum of over $ 150,000. Plaintiff
14 and his wife were left homeless along with their five young children. Three of Plaintiff’s children
15 are disabled within the meaning of the ADA and the Individuals with Disabilities Education Act,
16 “IDEA.”
17 Plaintiff Sanchez lost his entire possessions, including birth certificates; complete life
18 possessions were taken away from Plaintiff by the systemic practice of unlawful denials of his
19 right to access the Superior Court of The State of California County of San Diego North
20 County Division and his right to defend himself, view court files, the Superior Court Defendants
21 have denied him the right to review documents filed against him, the Superior Court Defendants
22 have refused to file the documents he attempted to file in the court. Superior Court Defendants
23 refused to allow plaintiff entrance to the court, mocked and humiliated him inside the courtroom in
24 the case of Sanchez v. Bergensons Property.
25 Therefore, Plaintiff is asking for compensation of his damages and financial losses. The North
26 County Health Services Defendants violated Plaintiff Sanchez right to defend the claims against
27 him by not serving document and adhering to the rules of the Court of Civil Procedures in the
28
5 9
a term used in the health care industry meaning to get rid of patients in an unethical manner.
1 State of California in this present action. Along with patient dumping and violations of violation
2 of 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act and Health Insurance
3 Portability and Accountability Act (HIPAA) of 1996 (P.L.104- 191) [HIPAA].
4 V.
5 SECOND CAUSE OF ACTION
6 RACIAL DISCRIMINATION
7 Defendants of the Superior Court of The State of California County of San Diego North
8 County Division have a discriminatory custom and practice of discrimination against Hispanic and
9 Disabled individuals. Caucasian citizens are not discriminated or treated substandard as Hispanic
10 and Disabled individuals. Caucasian individuals are not harassed, humiliated, and are not escorted
11 outside for attempting to conduct regular business at the Superior Court of The State of
13 Caucasian individuals are generally treated with courtesy, their moving papers are filed, their
14 questions are answered, and the judges spend a generous amount of time listening to Caucasian
15 parties. On the other hand Hispanic and disabled individuals are treated as maggots and criminals
16 in the courtrooms by the clerks and judges.
17 As a result of the Superior Court Defendants racial discrimination against Plaintiff Sanchez, he
18 was not able to have access to the court, defend or move papers. Plaintiff Sanchez lost his entire
19 possessions, including birth certificates; complete life possessions were taken away from Plaintiff
20 by the unlawful denial of his right to access the Superior Court of The State of California
21 County of San Diego North County Division and his right to defend himself, view court files,
22 Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the
23 court, mocked and humiliated him in the court.
24 Plaintiff Sanchez, his wife and his five children suffered permanent harm, grievous emotional
25 distress, anxiety and loss of their home, possessions and liberties.
26 Therefore, Plaintiff is asking for compensation of his damages and financial losses.
27 ///
28 /// 10
1 VI.
2 VIOLATION OF DUE PROCESS AND EQUAL PROTECTION CLAUSE
3 Federal laws provide the foundation for establishing the right of disabled individuals the right
4 to equal protection and the right to have a due process of laws under the 14th Amendment to the
5 Constitution of the United States of America. All Superior Court Defendants violated Plaintiff
6 Due Process and Equal Protection Clause by refusing Plaintiff to have access to the courts,
7 refusing to serve documents on Plaintiff, refusing to allow Plaintiff to view the public file of
8 allegations against him, refusing to allow plaintiff to format a defense and by not adhering to the
9 California Court of Civil Procedure Rules of the Court.
10 NCHS Defendants harassed and retaliated against Plaintiff for filing a written complaint
11 against the low standard of care by dumping, slandering and forming sham accusations against
12 him. Denying Plaintiff the right to pursue a uniform complaint process a standard process and
13 requirement with recipient agencies of both state and federal funding.
14 By the unlawful denial of Plaintiff’s right to have access to the Superior Court of The State
15 of California County of San Diego North County Division and his right to defend himself, view
16 court files, clerks of the court refused to file documents, refused to allow plaintiff from entering
17 the court, mocked and humiliated him in the court. By their wrongful course of action Superior
18 Court Defendants as well as NCHS Defendants violated Plaintiff’s right to a due process and equal
19 protection of laws. Plaintiff Sanchez, his wife and his five children suffered grievous emotional
20 distress, anxiety, and loss of their home, possessions and liberties. This present action is evidence
21 of the discriminatory pattern of attacks against Plaintiff by Superior Court Defendants as well as
22 Defendants of NCHS. Therefore, Plaintiff is asking for compensation of his damages and
23 financial losses.
24 VII.
25 DEFAMATION OF CHARACTER
26 Plaintiff believes NCHS Defendants filed slanderous defamatory accusations against him for
27 complaining about the standard of patient care at the NCHS San Marcos Clinic. These sham
28 defamatory accusations were made public in court documents for the public to view. Further these
11
1 documents were given to the Sheriff’s to serve upon Plaintiff, Judge Brown retracted and ordered
2 the documents to be returned to the court and filed under seal after the documents were made
3 public and the accusations were made against Plaintiff Sanchez. Plaintiff was not allowed an
4 opportunity to view the defamatory documents that were filed against him. The Court however,
5 sealed all documents away from Plaintiff but not from the public view including the sheriffs, as
6 these documents were made public from January 15, 2010 to January 27, 2010.
7 The Superior Court Defendants denied plaintiff the right to view the public documents on
8 several occasions. Further, the Court had an ex parte hearing in which Plaintiff was not allowed to
9 participate in, view any documents or defend himself against the defamatory accusations.
10 By these said unlawful denials of Plaintiff’s right to have access to the Superior Court of The
11 State of California County of San Diego North County Division and his right to defend
12 himself, view court files, Superior Court Defendants refused to file documents, refused to allow
13 plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his
14 wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of
15 liberties and federal protected rights.
17 VIII.
18 HARRASMENT
19 Plaintiff filed a letter of complaint at the North County Health Office in the San Marcos site
20 for staff painting inside the building in the waiting area while patients were waiting. Plaintiff
21 complained about pharmacy prescriptions not being dispensed in a timely manner because the
22 computers are constantly down. Plaintiff handed the written complaint to Defendant Tiffani Mauro
23 who is the Director of the San Marcos Office. Plaintiff filed a third complaint in regard to HINI
24 not being readily available for children and elderly with respiratory problems. Plaintiff has a right
25 to file a complaint about the standard of care his children were receiving at the North County
26 Health Services San Marcos office.
27 Right after Plaintiff filed the current complaints with Defendant Tiffani mauro he received a
28 letter dated January 15, 2010 signed by Defendant Kevin Ellis via regular mail. Notifying 12
1 Plaintiff that, “the North County Health Services can no longer provide services to you. Accusing
2 Plaintiff of being "rude and threatening to several staff members and it now appears that you are
3 now inappropriately interested in one or more female staff at North County Health Services….”
4 NCHS Defendants further filed libelous accusations against him in Superior Court.
5 These accusations were made with malice in an attempt to harass and intimidate Plaintiff, his wife
6 and kids. NCHS Defendants intended to slander Plaintiff’s character and reputation within his
7 community and his church. The actions of North County Health Services Defendants violated
8 Plaintiff’s protected and statutory rights, slandered his reputation, and falsely accused Plaintiff of
9 inappropriate acts as a result of the complaints he filed against them for the low standard of
10 medical care.
11 Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety,
12 humiliation, loss of sleep, embarrassment loss of liberties.
13 Therefore, Plaintiff is asking for compensatory and punitive damages.
14 IX.
15 VIOLATION OF THE AMERICAN WITH DISABLITY ACT
16 Title II of the Americans with Disability Act prohibits discrimination in the provision of public
17 benefits and services. Title II states:
18 “No individual with a disability shall, by any reason of such disability, be excluded
19 from participation in or be denied the benefits of the services, programs or activities
20 of a public entity or be subjected to discrimination by any such entity.”
21 the Unruh Civil Rights Act statutes require business establishments to provide “full and equal
22
accommodations, advantages, facilities, privileges, or services.”
23
The Superior Court of The State of California County of San Diego North County
24
Division is a public agency and conducts business in the state of California.
25
The North County Health Services is Incorporated as a Private, Non-Profit 501(c)(3)
26
Corporation. As a Non-Profit Corporation, 86% of NCHS revenues come from federal funding.
27
Therefore they have a contractual agreement with federal regulatory agencies to adhere to anti-
28
retaliation, anti-harassment and anti-discrimination laws. In fact their adherence is a condition 13
1 upon receiving the federal funds. Patient dumping by recipients of federal funds is strictly
2 prohibited.
3 North County Health Services claims to be, “Responding to the need to provide health
4 services to low-income patients continues to underlie the mission of NCHS: “To improve the
5 health status of our diverse communities by providing quality healthcare that is comprehensive,
6 affordable, and culturally and linguistically sensitive.” By their discriminatory and retaliatory
7 actions the North County Health Services Corporation and its agents have violated State and
8 Federal Laws and their own mission of providing a standard of care, and being culturally and
9 linguistically sensitive. Furthermore, NCHS and its Defendants have maliciously discriminated
10 against Plaintiff knowing he is a disabled American within the Meaning of the Americans with
11 Disability Act and the California Unruh Civil Rights Act .
12 Further Plaintiff Sanchez children are also disabled within the meaning of the ADA and
13 Individuals with Disability Education Act “IDEA” and the California Unruh Civil Rights Act.
14 Plaintiff and his entire family were patients of North County Health Services for about fifteen
15 years. When Plaintiff complained about the standard of care and the health and safety violation
16 agents of the North County Health Services discriminated, retaliated, harassed, and falsely accused
17 Plaintiff Sanchez of wrongful acts.
18 Plaintiff Sanchez and his disabled children were denied access to healthcare and denied access
19 to the courts to rectify the false accusations against him by all named defendants and agencies.
20 The actions of Superior Court Defendants violated Plaintiff’s protected and statutory rights,
21 slandered his reputation, and falsely accused him of inappropriate acts; as a result of the
22 complaints Plaintiff filed against them for the low standard of medical care.
23 The above Superior Court Defendants violated Plaintiff Sanchez right to defend himself, view
24 court files, clerks of the court refused to file documents, at times refused to allow plaintiff to enter
25 the court, mocked and humiliated him in the court even in the courtroom.
27 humiliation and loss of liberties.
28 Therefore, Plaintiff is asking for compensation of his damages and financial losses. 14
1 X.
2 VIOLATION OF FIRST AMENDMENT RIGHT
5 handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos
6 Office. Plaintiff filed a second complaint in regard to HINI not being readily available for
7 children with respiratory problems. Plaintiff filed a third complaint about the need for him fill out
8 his medication, the computers are constantly down and therefore there is a long delay in getting
9 prescription timely filed. Plaintiff has a right to file a complaint about the standard of care his
10 children were receiving at the North County Health Services San Marcos office.
11 As a result of Plaintiff’s exercise of his First Amendment Rights, Defendants of North County
12 Health Services retaliated against Plaintiff by making false slanderous allegations against him,
13 Violating his First Amendment Right, slandered Plaintiff’s reputation, and falsely accused him of
14 inappropriate acts; as a result of the complaints he filed against them for the low standard of
15 medical care. The above named Defendants violated Plaintiff Sanchez right to defend himself,
16 view court files, clerks of the court refused to file documents, refused to allow plaintiff from
17 entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his
18 five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties.
20 XI.
21 COMPLAINT FOR PERMANENT INJUNCTION
22 Due to Defendants discriminatory, retaliatory and malicious acts of denying Plaintiff access to
23 the courts. Violating the rights of Plaintiff and other Hispanic and disabled individuals to have
24 access to the courts. NCHS Defendants actions of dumping Plaintiff and covering up their illegal
25 actions by falsifying and accusing Plaintiff of unsavory conduct. Through their sham and illegal
26 conduct the NCHS Defendants have discriminated and violated Plaintiff Constitutional and
27 statutory rights. Plaintiff is asking that this court prohibit NCHS from dumping patients and
28 drumming up false accusations against patients to justify their illegal actions and conduct. 15
1 Plaintiff Sanchez lost his right to defend himself, view court files, Superior Court Defendants
2 refused to file documents, refused to allow plaintiff from entering the court, mocked and
3 humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous
4 emotional distress, anxiety, humiliation and loss of Federal and State protected liberties. Plaintiff
5 is asking for a permanent injunction against the Superior Court of The State of California
6 County of San Diego North County Division and the North County Health Services.
7 PRAYER FOR RELIEF
8 WHEREFORE, Plaintiff prays:
9 1. For actual and compensatory damages in an amount to be ascertained according to
10 proof;
11 2. For punitive damages in an amount sufficient to punish Defendants and deter others
12 from conduct.
13 3. For a permanent injunction.
14 4. Such and other further relief as this court deems just and proper.
15 Dated: March 30, 2010
16 Alejandro Sanchez__________________
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1 Alejandro Sanchez
615 Townsite Drive
2 Vista, CA 92084
760-681-4109
3 Plaintiff
4

)
10 v. )
)
13
18
23
26 Defendants
27
28
1
1 I.
6 Constitution.
6 II.
18 00050386-CU-HR-NC.
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20
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28
3.1204(b)(1); CCP §§ 2009, 2015.5].
4 Injunction.
5 III.
6 THE PARTIES
9 Diego.
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IV.
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NORTHERN DIVISION
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16 “IDEA.”
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5 9
4 V.
27 ///
28 /// 10
1 VI.
24 VII.
11
17 VIII.
18 HARRASMENT
10 medical care.
14 IX.
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2 prohibited.
1 X.
20 XI.
7 PRAYER FOR RELIEF
10 proof;
12 from conduct.
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16
1 Alejandro Sanchez
615 Townsite Drive
2 Vista, CA 92084
760-681-4109
3 Plaintiff
4

)
10 v. )
)
13
18
23
26 Defendants
27
28
1
1 I.
6 Constitution.
6 II.
18 00050386-CU-HR-NC.
19
20
1
2
22
3
25
4
28
3.1204(b)(1); CCP §§ 2009, 2015.5].
4 Injunction.
5 III.
6 THE PARTIES
9 Diego.
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IV.
21
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NORTHERN DIVISION
24
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16 “IDEA.”
28
5 9
4 V.
27 ///
28 /// 10
1 VI.
24 VII.
11
17 VIII.
18 HARRASMENT
10 medical care.
14 IX.
22
23
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2 prohibited.
1 X.
20 XI.
7 PRAYER FOR RELIEF
10 proof;
12 from conduct.
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16

Amended Complaint Against NCHS and Superior Court

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Amended Complaint Against NCHS and Superior Court

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1 Alejandro Sanchez

615 Townsite Drive

6 UNITED STATES DISTRICT COURT

6 UNITED STATES DISTRICT COURT

6 UNITED STATES DISTRICT COURT

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