Sandy Montano
Deer Park Dental, PLLC
P.O. Box 18184
Spokane, WA 99228
Phone | Fax
Email
Plaintiff in pro per
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WASHINGTON
SANDY MONTANO,
Plaintiff,
vs.
HEATHER DAWN VINCENT; BROOKLYN
KENNEDY; AND MALENA PALMER,
Defendant
Case No.: Number
PLAINTIFF’S ORIGINAL COMPLAINT
NOW COMES Sandy Montano, Plaintiff, and files this Complaint against Defendants Heather
Dawn Vincent, Brooklyn Kennedy and (Dental Assistant), and for cause, would show this
Honorable Court as follows:
A. PARTIES
- Plaintiff Sandy Montano is a male adult of sound mind and a law-abiding citizen whose
address is Deer Park Dental, P.O. Box 18184, Spokane, WA 99228. - Defendant Heather Dawn Vincent (hereinafter referred to as “Heather”) is a female adult
of sound mind whose address is P.O. Box 197, Wallace, ID 83873.
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PLAINTIFF’S ORIGINAL COMPLAINT – 2
- Defendant Brooklyn Kennedy (hereinafter referred to as “Brooklyn”) is a female adult of
sound mind whose address is P.O. Box 116, Valley, WA 99181. - Defendant Malena Palmer is a female adult of sound mind whose address is 38910 N.
Short Rd., Deer Park, WA 99006.
B. JURISDICTION AND VENUE
- This Court has subject matter jurisdiction under 28 U.S. Code § 1332 (diversity of
citizenship). Plaintiff resides in the State of Washington and Defendant Heather Dawn
Vincent resides in the State of Idaho. - Venue is proper in this Court in accordance with 28 U.S. Code §1391(b) which states
that: “A civil action may be brought in – (2) a judicial district in which a substantial part
of the events or omissions giving rise to the claim occurred.” The causes of action in this
Complaint took place within the Eastern District of Washington.
C. STATEMENT OF FACTS
- Sandy is the proprietor of Deer Park Dental, PLLC. He is licensed to practice dentistry in
the State of Washington. At all times in this Complaint, Defendants were all employees
of Sandy. - Sandy was in a relationship with Heather. At the same time, Heather worked at Sandy’s
practice as the Manager of Deer Park Dental, PLLC. - During her time at Deer Park Dental, PLLC, Heather used funds belonging to the
company for her own personal use without written authorization. She did not reimburse
the funds.
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PLAINTIFF’S ORIGINAL COMPLAINT – 3
- Heather repeatedly defrauded the company by failing to record payments made by clients
in the software system. That caused Deer Park Dental, PLLC huge financial losses. - The romantic relationship between Sandy and Heather ended in October 2021. That also
meant that Heather would stop working at Deer Park Dental, PLLC. Sandy requested
Heather to return all of her access to the following business emails:
social.deerparkdental@gmail.com and dpdmanager@gmail.com as well as passwords
that were assigned to Heather by Sandy. - The following day after Heather left her employment at Deer Park Dental, she
intentionally changed the passwords, and she became the only person with access to the
emails. In those emails were confidential records of patients of Deer Park Dental. Heather
also changed the Facebook and Instagram passwords of Deer Park Dental. - Sandy made multiple respectful requests to Heather to return all the passwords but she
declined to do so. Sandy had to make a report at the cybercrime’s unit. Sandy chose to let
the Facebook account remain locked. Sandy was able to obtain a police report from
Spokane Police Department. The police report is no. 2021-1015-1979. - Heather’s repeated refusal to surrender the passwords led to the shutdown and resets of
Deer Park Dental including Washington Healthcare Authority and all dental insurances
passwords and access, causing full closure and paralysis of Sandy’s dental practice. - On November 16, 2021, Brooklyn intentionally took forms and documents belonging to
Deer Park Dental. She also took a routing slip containing specific patient information
outside the premises of Deer Park Dental.
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PLAINTIFF’S ORIGINAL COMPLAINT – 4
- On November 16, 2021, Brooklyn trespassed by entering the premises of Deer Park
Dental and barged in Sandy’s office. Earlier, she had intentionally called 911 and falsely
accused Sandy to the local authorities. - When Brooklyn barged in, she made false statements against Sandy that eventually hurt
his practice. - Sandy made a police report against Brooklyn and Malenna for theft of document logs and
a patient’s routing slip, and job abandonment and patient abandonment. The report was
made at the Spokane Police Department. Its no. is _____.
D. CAUSES OF ACTION
Theft by Conversion
- Plaintiff hereby incorporates the facts in Paragraphs 7-17 as though set out in full herein.
- “To prevail on a claim for conversion, a plaintiff must prove the following elements: (1)
that the defendant willfully interfered with a chattel; (2) that the defendant acted without
lawful justification; (3) that the plaintiff was entitled to possession of the chattel; and (4)
that the plaintiff was deprived of such possession.” Armijo v. Yakima HMA, LLC, et. al.,
868 F. Supp. 2d 1129 (2012). - Heather had access to the emails and passwords as long as she was an employee of Deer
Park Dental. Her access was revoked by Plaintiff when he asked her to return them after
she quit her employment at Deer Park Dental. Her actions of changing the passwords to
the emails and social media accounts amount to unlawful access.
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PLAINTIFF’S ORIGINAL COMPLAINT – 5
- There was no legal justification for Heather to retain access to the emails and passwords
after she had quit her employment. Her access was revoked by Plaintiff after she quit her
employment. - Plaintiff was entitled to access to the emails and passwords. Plaintiff granted Heather
access to the passwords and wished to have them back so that he could continue running
the affairs of Deer Park Dental. - Heather deprived Plaintiff of possession of the emails and passwords that contained
sensitive information crucial to the operation of Deer Park Dental. As a result of
Heather’s failure to surrender the emails and passwords back to Plaintiff, Plaintiff was
unable to continue running the operations of Deer Park Dental and he had to close down
his dental practice. - Heather is liable for theft by conversion.
- Brooklyn took possession of the forms, documents and a routing slip containing
confidential information. She had no access because she had left her employment at Deer
Park Dental. There was no reason for Brooklyn to have access to the forms, documents,
and the routing slip. As the proprietor of Deer Park Dental, Plaintiff was entitled to the
forms, documents and routing slip so that he could continue to run Deer Park Dental after
Brooklyn quit her employment. Plaintiff was unable to continue running Deer Park
Dental without the documents, forms, and the routing slip. - Brooklyn is liable for theft by conversion.
Unjust Enrichment
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PLAINTIFF’S ORIGINAL COMPLAINT – 6
- Plaintiff hereby incorporates the facts and allegations in Paragraphs 7-26 as though set
out in full herein. - “The elements of an implied contract unjust enrichment claim are (1) the defendant
receives a benefit, (2) the benefit is received at the plaintiff’s expense, and (3) the
circumstances make it unjust of the defendant to retain the benefit without payment.”
Coordes v. Wells Fargo Bank, No. 2:19-CV-0052-TOR (Dist. Court, ED Washington
2019). - Heather received a benefit from Deer Park Dental when she channeled money meant for
the company’s operation towards her personal use and failed to enter payments made by
patients in the software system. - Heather misappropriated the company’s funds, leading to the closure of Plaintiff’s
practice under Deer Park Dental as he was unable to continue running the operations of
Deer Park Dental without the funds that Heather had misappropriated. - It would be unjust to allow Heather to continue to keep the funds she embezzled from
thee company. Heather is liable for unjust enrichment.
Defamation
- Plaintiff hereby incorporates the facts and allegations in Paragraphs 7-31 of this
Complaint as though set out in full herein. - “The elements a plaintiff must establish in a defamation case are falsity, an unprivileged
communication, fault and damages.” Mohr v. Grant, 153 Wash.2d 812, 822, 108 P.3d
768, 773 (2005). Defendants provided false information to the Dental Quality Assurance
Commission that Plaintiff failed to maintain proper infection control standards to include
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PLAINTIFF’S ORIGINAL COMPLAINT – 7
using used gloves, instruments, x-ray barriers, and towels, and failing to maintain clean
water lines. Defendants also falsely stated that Plaintiff mixed topical gel with external
use only Lidocaine, mixed powered charcoal with toothpaste to make a prophy paste, and
violated HIPAA by sending records out of the country for billing.
- As a result of the defamation by Defendants, Plaintiff suffered by having to close down
his practice as he could not be able to run it anymore. - “Publication of a defamatory statement to someone other than the person defamed is
essential to liability.” Doe v. Gonzaga Univ.¸ 143 Wash.2d 687, 701, 24 P.3d 390 (2001),
rev’d on other grounds, 536 U.S. 273, 122 S.Ct. 2268, 153 L.Ed.2d 309 (2002).
Defendants published defamatory statements against Plaintiff to the Dental Quality
Assurance Commission. - “Actual malice exists when a statement is made with knowledge of its falsity or with
reckless regard of its truth or falsity.” Gonzaga, 143 Wash.2d at 703, 24 P.3D 390.
Defendants knew that the information they provided to the Dental Quality Assurance
Commission was false but they still proceeded and disseminated it.
Intentional Interference with Prospective Business Relations
- Plaintiff hereby incorporates the facts and allegations in Paragraphs 7-34 of this
Complaint as though set out in full herein. - “To carry its tortious interference claim, Plaintiff must show (1) the existence of a valid
contractual relationship or business expectancy; (2) that defendants had knowledge of
that relationship; (3) an intentional interference inducing or causing a breach or
termination of the relationship or expectancy; (4) that defendants interfered for an
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PLAINTIFF’S ORIGINAL COMPLAINT – 8
improper purpose or used improper means; and (5) resultant damages.” Fidelitad, Inc. v.
Insitu, Inc., No. 13-CV-3128-TOR (2014).
- Plaintiff had a dental practice under Deer Park Dental. The practice was doing well and
had several employees, among them Defendants. Plaintiff had clients throughout. It is a
reasonable expectation that his practice would have gone to attract more clients. Being
employees of Deer Park Dental, Plaintiff’s practice, Defendants were aware of the
prospective business that Deer Park Dental. - Defendants’ actions interfered with Plaintiff’s prospective business. Heather’s refusal to
surrender the emails and passwords back to Plaintiff after she left her employment
hampered Plaintiff’s ability to continue running Deer Park Dental, and Plaintiff had to
close his practice. Plaintiff could no longer get prospective business as a result of
Heather’s refusal to return the emails and passwords that contained information which is
sensitive and confidential. - Brooklyn’s unlawful taking of forms, documents and routing slip from Plaintiff’s office
hampered Plaintiff’s ability to continue running Deer Park Dental. As a result, he had to
close his practice. Plaintiff’s potential business was hampered by Brooklyn’s actions. - Defendants did not have any justifiable reason to do maintain unlawful possession of
Plaintiff’s emails, passwords, forms, and routing slip collectively. Defendants are liable
for intentional interference with prospective business relations.
Trespass
- Plaintiff hereby incorporates the facts and allegations set out in Paragraphs 4-40 of this
Complaint as though set out in full herein.
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PLAINTIFF’S ORIGINAL COMPLAINT – 9
- Under RCW 9A.52.080, a person is guilty of criminal trespass in the second degree if he
or she knowingly enters or remains unlawfully in or upon premises of another under
circumstances not constituting criminal trespass in the first degree. RCW 9A.20.021
further states that as a misdemeanor, a conviction may carry a penalty of up to 90 days in
jail and/or up to a $1,000 fine. - Brooklyn intentionally and unlawfully entered the premises of Plaintiff’s practice. She
was unlawfully there because she had quit her employment at Deer Park Dental. She
continued to remain in the premises and even took some forms, documents and the
routing slip. - Brooklyn is liable for trespass.
E. PRAYER FOR RELIEF
REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him the
following reliefs:
a. Grant judgment in favor of Plaintiff;
b. Issue an order of specific performance compelling Heather Dawn Vincent to return the
misappropriated funds in the sum of $______;
c. Issue an order of specific performance compelling Heather Dawn Vincent to surrender
access to the following emails: social.deerparkdental@gmail.com and
dpdmanager@gmail.com as well as passwords to Facebook and Instagram accounts that
were assigned to her by Sandy Montano;
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PLAINTIFF’S ORIGINAL COMPLAINT – 10
d. Issue an order of specific performance compelling Brooklyn Kennedy to return to
Plaintiff forms, documents, and the routing form she had taken from Sandy Montano’s
office;
e. Award Plaintiff damages for conversion, unjust enrichment, defamation, intentional
interference with prospective business relations, and trespass;
f. Award Plaintiff punitive damages;
g. Award Plaintiff pre and post judgment interests, costs of this suit, and attorney fees as
allowed by law;
h. Award Plaintiff such equitable relief as may be appropriate under the circumstances; and
i. Award such further relief as this Honorable Court deems necessary and proper.
Dated this _ day of December, 2021.
Respectfully Submitted,
Sandy Montano,
Plaintiff in pro per
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