[ENTER NAME]

[ENTER ADDRESS]

Plaintiff in Pro Per

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA  FOR THE COUNTY OF ORANGE
[ENTER NAME],                                   Plaintiff                    v. HOAG MEMORIAL HOSPITAL PRESBYTERIAN; [ENTER NAME]; and IRVINE POLICE DEPARTMENT.                                                                                    Defendants	Case No.:      COMPLAINT

COMES NOW, Plaintiff, [ENTER NAME], pro se, files this Complaint against the Defendants and alleges the following on information and belief:

 

TABLE OF CONTENTS

 

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF COMPLAINT 4

INTRODUCTION 4

PARTIES 4

JURISDICTION AND VENUE 4

FACTS COMMON TO ALL CAUSES OF ACTION 5

FIRST CAUSE OF ACTION 5

SECOND CAUSE OF ACTION 5

THIRD CAUSE OF ACTION 6

FOURTH CAUSE OF ACTION 6

PRAYER FOR RELIEF 7

DECLARATION 7

 

TABLE OF AUTHORITIES

 

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF COMPLAINT

 

INTRODUCTION

1. This case involves the incidence that took place on January 25, 2020 at the Defendant’s Hospital, where the second Defendant assaulted the Plaintiff. After the assault, the third Defendant charged the Plaintiff based on a Police report containing false allegations that the Plaintiff is the one who assaulted the Second Defendant. The case was later dismissed. Plaintiff now files this case to seek redress against the Defendants in that regard.

PARTIES

2. Plaintiff [ENTER NAME] is a California resident of [ENTER ADDRESS]. 
3. Defendant HOAG MEMORIAL HOSPITAL PRESBYTERIAN, of address NE HOAG DRIVE NEWPORT BEACH CA 92663, is a domestic non-profit organization registered and operating in California (hereinafter “First Defendant”).
4. Defendant [ENTER NAME], of address [ENTER ADDRESS] is/was an employee of the First Defendant. Upon information and belief, the said Defendant was employed as a Security Officer at the First Defendant’s facility (hereinafter “Second Defendant”).. 
5. Defendant IRVINE POLICE DEPARTMENT, of address [ENTER ADDRESS] is a Police Department for the City of Irvine in Orange County, California. 

JURISDICTION AND VENUE

6. This Court has personal jurisdiction over each of the Defendants pursuant to California Constitution, Article VI, section 10, and California Code of Civil Procedure section 410.10, in that each Defendant does substantial business in California; all of the Defendants have purposely availed themselves of the benefits of doing business in this state; and the Defendants’ violations of law alleged herein occurred, in whole or in part, in this state.
7. The claims herein alleged in this Complaint occurred in Irvine City and Orange County. Venue for this matter properly lies within this County because the claims herein alleged in this Complaint occurred, in whole or in part, in Orange County.

FACTS COMMON TO ALL CAUSES OF ACTION

8. Plaintiff’s mother had been admitted at the First Defendant’s facility.
9. The incidence that gave rise to this action took place on January 25, 2020, when the Plaintiff went to visit the mother. 
10. As Plaintiff was checking in at the ER at the First Defendant’s facility, the Second Defendant stole Plaintiff’s phone from the ER lobby and pushed the Plaintiff until Plaintiff fell. 
11. The police officers arrived and took a police report of the incidence. Interestingly, the Second Defendant gave false information that Plaintiff was the one who punched his face. Accordingly, Plaintiff was charged and a case was filed against her. 
12. During the pendency of the said case, the Third Defendant refused to give Plaintiff a copy of the Police Report. It was only when the case was dismissed when the Third Defendant gave the Plaintiff the Report. 
13. The said case was dismissed on June 2020. After the dismissal of the case, the Plaintiff got the Report. 
14. It is also worth noting that during the trial of the said case, no one apart from the detective looked at the hospital camera footage that recorded the events of January 25, 2020. 
15. Unfortunately, Plaintiff’s mother died during the pendency of the case against Plaintiff. Further, Plaintiff has been subjected to emotional harm an distress pursuant to the malicious prosecution and the acts and/or inactions of the Defendants. 

.  

FIRST CAUSE OF ACTION

VICARIOUS LIABILITY

(In violation of)

16. The allegations set forth in paragraphs 1 through 16 are re-alleged and incorporated herein by reference.
    17.
17. As a result of Defendant’s actions and/or inaction, Plaintiff has been subjected to emotional harm and distress.   

SECOND CAUSE OF ACTION

NEGLIGENCE

19. The allegations set forth in paragraphs 1 through 18 are re-alleged and incorporated herein by reference.
21. As a result of Defendant’s actions and/or inaction, Plaintiff has been subjected to emotional harm and distress.   

 

THIRD CAUSE OF ACTION

DEPRIVATION OF RIGHTS

(In violation of 42 USC 1983)

22. The allegations set forth in paragraphs 1 through 21 are re-alleged and incorporated herein by reference.

23.

24. As a result of Defendant’s actions and/or inaction, Plaintiff has been subjected to emotional harm and distress.   

 

FOURTH CAUSE OF ACTION

MALICIOUS PROSECUTION

                                            (In violation of   )

25. The allegations set forth in paragraphs 1 through 24 are re-alleged and incorporated herein by reference.

26.

27. As a result of Defendant’s actions and/or inaction, Plaintiff has been subjected to emotional harm and distress.   

 

FIFTH  CAUSE OF ACTION

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

                                                  (In violation of   )

28. The allegations set forth in paragraphs 1 through 28 are re-alleged and incorporated herein by reference.

29.

30. As a result of Defendant’s actions and/or inaction, Plaintiff has been subjected to emotional harm and distress.   

 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant:

1. An order and judgment for Compensatory Damages against the Defendants,
2. Any such other relief, as this Court deems just and equitable.

 

DECLARATION

Executed this _____ day of January 2022 at ______, California, I declare under penalty of perjury that the foregoing is true and correct.  For all the foregoing reasons, Plaintiff respectfully requests that the Court grant all requested relief in Plaintiff’s prayers above. 

DATED: 

 

                                                                                          

 

CERTIFICATE OF SERVICE

I hereby certify that on [ENTER DATE], copies of the foregoing document have been sent to the Defendant in the following address:

 

[ENTER DEFENDANTS’ ADDRESSES]

 

DATED:     

   

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