XXXX
Phone | Fax
Email
Plaintiff in pro per
IN THE XXX DISTRICT COURT
FOR THE EASTERN DISTRICT OF XXX
XXX,
Plaintiff,
XXX,
Defendant
Case No.: Number
PLAINTIFF’S ORIGINAL COMPLAINT
NOW COMES XXX, Plaintiff, and files this Complaint against Defendants Heather
XXXX and (Dental Assistant), and for cause, would show this
Honorable Court as follows:
A. PARTIES
1. Plaintiff XXX is a male adult of sound mind and a law-abiding citizen whose
address is Deer XXXX.
2. Defendant Heather XXX (hereinafter referred to as “Heather”) is a female adult
of sound mind whose address i.
XXX
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PLAINTIFF’S ORIGINAL COMPLAINT – 2
3. Defendant XXX (hereinafter referred to as “Brooklyn”) is a female adult of
sound mind whose address is XXX.
4. Defendant XXX is a female adult of sound mind whose address is XXX.
B. JURISDICTION AND VENUE
5. 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 XXXX.
6. 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
7. 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.
8. 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.
9. 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
10. 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.
11. 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 XXX.
12. 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.
13. 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.
14. 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.
15. Heather submitted false reports to government officials including, but not limited to,
Apple Health, Washington Healthcare Authority, Department of Licensing, Department
of Revenue, Department of Health, and the Spokane Police Department. She also
submitted false information to acquire Washington health insurance by using Sandy’s
address when she resides in Idaho.
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PLAINTIFF’S ORIGINAL COMPLAINT – 4
16. As Sandy’s employee, Heather had a duty of confidentiality. Under HIPAA, she was not
required to share confidential information.
17. On XXX, 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.
18. On XXX, 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 XXXX to the local authorities.
19. When Brooklyn barged in, she made false statements against Sandy to Officer Garza of
the Spokane Sheriff’s Department that eventually hurt his practice.
20. On XXX, Sandy informed Malena that she had violated infection control
WAC 246-817-600 when she left bloody disposable suction on the dental unit. She then
took a photo of the disposable suction. Sandy explained the proper procedures to Malena.
21. On XXX, Sandy again held a safety meeting regarding Malena’s
insubordination in not following job position protocols, standard of care as well as
several instances of infection control mistakes. Malena also acted unprofessionally in
front of patients and staff. Sandy documented all these instances in Malena’s employee
performance evaluation.
22. When Sandy had food poisoning on XXX, XXX claimed that he had food
poisoning and even went ahead to “cancel” patients without any basis, authority or
permission.
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PLAINTIFF’S ORIGINAL COMPLAINT – 5
23. On XXX, Sandy discussed XXX unprofessionalism and
insubordination with her XXX quit her employment.
24. Plaintiff contracted the firm of Hiltz & Associates to conduct a forensic audit of the
accounts of Sandy’s office and determine the amount of money that had been embezzled.
After the investigation, it was reported that sums of $28,248 of cash receipts collected by
Sandy’s practice between May 2021 and October 2021 were not deposited into the
practice’s financial institution. Exhibit 1. The audit was conducted by Mr. William Hiltz,
an adviser and consultant on embezzlement, healthcare fraud, audits, technology, practice
transitions, dental practice mergers/acquisitions and operational matters. The foregoing
sums were misappropriated by Heather.
25. Through counsel, Sandy wrote demand letters cautioning Defendants against tarnishing
his name and reputation by filing baseless complaints that contained unfounded lies and
misrepresentations of facts. Exhibit 2.
26. On XXX, Sandy sent a complaint to Assistant U.S. Attorneys XXX
and XXX and Special Agent XXX regarding the following criminal
activities by Heather: violation of HIPAA contrary to 42 U.S.C. § 1320d-6(a), identity
theft contrary to 18 U.S.C. § 1028(a)(7), violation of Computer Fraud and Abuse Act,
accessing to defraud and obtain value contrary to 18 U.S.C. § 1030(a)(4) and wire fraud
contrary to 18 U.S.C. § 1343. Exhibit 3.
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PLAINTIFF’S ORIGINAL COMPLAINT – 6
D. CAUSES OF ACTION
Theft by Conversion
27. Plaintiff hereby incorporates the facts in Paragraphs 7-17 as though set out in full herein.
28. “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).
29. 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.
30. 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.
31. 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.
32. 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.
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PLAINTIFF’S ORIGINAL COMPLAINT – 7
33. Heather failed to deposit cash receipts collected worth $28,248 into Sandy’s practice
financial institution and instead used the money for her own personal use. Using profits
from Sandy’s practice for her own use amounts to unlawful access of funds from Sandy’s
practice. There is no legal justification whatsoever for Heather taking funds from Sandy’s
practice for her own personal use. Sandy was entitled to the sum of $28,248 that Heather
took because the money was profit from his practice. Heather deprived Sandy of $28,248.
As a result of theft by Heather, Sandy was unable to continue running his dental practice
due to insufficient funds to do so.
34. Heather is liable for theft by conversion.
35. 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.
36. Brooklyn is liable for theft by conversion.
Unjust Enrichment
37. Plaintiff hereby incorporates the facts and allegations in Paragraphs 7-26 as though set
out in full herein.
38. “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
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PLAINTIFF’S ORIGINAL COMPLAINT – 8
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).
39. 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. The total sum she took from Sandy’s practice was
$28,248.
40. 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.
41. 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
42. Plaintiff hereby incorporates the facts and allegations in Paragraphs 7-31 of this
Complaint as though set out in full herein.
43. “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
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
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PLAINTIFF’S ORIGINAL COMPLAINT – 9
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.
44. 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.
45. “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.
46. “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
47. Plaintiff hereby incorporates the facts and allegations in Paragraphs 7-34 of this
Complaint as though set out in full herein.
48. “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
improper purpose or used improper means; and (5) resultant damages.” Fidelitad, Inc. v.
Insitu, Inc., No. 13-CV-3128-TOR (2014).
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PLAINTIFF’S ORIGINAL COMPLAINT – 10
49. 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.
50. 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.
51. 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.
52. Malena’s actions of purposely leaving bloody disposable suction on the dental unit and
taking a photo of it were meant to portray negligence in Sandy’s practice. She knew that
if she succeeded in portraying Sandy as negligent, his practice would be closed. Malena
also knew that no patient would accepted to be treated by Sandy if she lied that Sandy
had Covid-19 instead of food poisoning.
53. 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.
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PLAINTIFF’S ORIGINAL COMPLAINT – 11
Trespass
54. Plaintiff hereby incorporates the facts and allegations set out in Paragraphs 4-40 of this
Complaint as though set out in full herein.
55. 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.
56. 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.
57. 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 $28,248;
c. Issue an order of specific performance compelling Heather Dawn Vincent to surrender
access to the following emails: social.deerparkdental@gmail.com and
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PLAINTIFF’S ORIGINAL COMPLAINT – 12
dpdmanager@gmail.com as well as passwords to Facebook and Instagram accounts that
were assigned to her by Sandy Montano;
d. Issue an order of specific performance compelling XXX 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 _______________, XXX.
Respectfully Submitted,
___________________________________
XXX,
Plaintiff in pro per
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