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PLAINTIFF’S ORIGINAL COMPLAINT – 1
XXXX.
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Plaintiff in pro per
COURT NAME
JURISDICTION
XXX.,
Plaintiff,
vs.
SAINT AGNES MEDICAL CENTER,
Defendant
Case No.: Number
PLAINTIFF’S ORIGINAL COMPLAINT
NOW COMES Frank Dean Soto Jr., Plaintiff, and files this Complaint against Saint
Agnes Medical Center, Defendant, and for cause would show this Honorable Court as follows:
A. PARTIES
1. Plaintiff Frank Dean Soto Jr. is a law-abiding male adult citizen of sound mind
and a resident of the State of XXX.
2. Defendant Saint Agnes Medical Center is a hospital providing medical services to
people around the area.
B. JURISDICTION AND VENUE
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PLAINTIFF’S ORIGINAL COMPLAINT – 2
3. Jurisdiction exists in this Court pursuant to
C. STATEMENT OF FACTS
4. On XXX, XXX, an employee of Defendant, called and confirmed
the receipt of Plaintiff and his wife’s Advance Health Care Directive.
5. In the morning of XXX, Plaintiff and his wife arrived at the hospital while in
active labor and in an emergent situation. Their offspring was born at 5:28 a.m.
6. On or about 8:51 a.m., XXX, still had not disseminated Plaintiff’s
Advance Health Care Directive to any of the staff. Rather, she entered our room and focused all
of her attention on Plaintiff and his wife’s declination of one specific procedure (SARS-CoV-2
test). XXX insisted that we take a test immediately.
7. During that encounter, she stated:
(i) Should Plaintiff and his wife decline the medical procedure (SARS-CoV-2 test)
she would force them to stay on the 3rd floor with confirmed COVID-19 patients where they
could potentially contract the disease which could lead to bodily harm.
(ii) Plaintiff and his wife would not be able to see their newly born offspring.
(iii) Should Plaintiff have had to leave, he could not return, leaving his wife and
offspring in isolation.
(iv) She was willing to take on the liability for not following the Patient’s Bill of
Rights.
(v) She understood that Plaintiff and his wife were performing the unwanted medical
procedure under duress.
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PLAINTIFF’S ORIGINAL COMPLAINT – 3
(vi) She was speaking for each member of the Saint Agnes Medical Center leadership
team
and would notice the leadership team that they were liable for damages.
8. Plaintiff participated in Defendant’s medical procedure (SARS-CoV-2 test) under
duress and gave his genetic material (Property) to XXX who took it and may or may
not have disposed of it. Plaintiff was acting as the support person for his wife and his new
offspring and did not want to leave them isolated during such a critical time.
9. XXX, had absolutely no authority or jurisdiction whatsoever to force
or coerce Plaintiff and his wife to partake in a medical procedure. A registered
nurse has no authority to make legal determinations as to whether state and county health
orders apply to me, or to act outside of California law.
D. LEGAL ARGUMENT
Power of Congress to Make Law
10. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-9 of this
Complaint as though set out in full herein.
11. Article 1, Section 1 of the United States Constitution provides as follows: “All
legislative powers herein granted shall be vested in a Congress of the United States, which shall
consist of a Senate and a House of Representatives.”
12.XXX stated that she was relying on the California Public Health Order
to force Plaintiff and his wife to get tested for Covid-19. The California Public Health Order was
put in force by the California Department of Health and not Congress, as required by the United
States Constitution. The Department of Health has no power to make law.
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PLAINTIFF’S ORIGINAL COMPLAINT – 4
13. The California Department of Health has no authority to require mandatory
Covid-19 testing before provision of services at hospitals and other health facilities. Such a law
can only be passed by Congress. This renders the mandatory testing requirement unlawful.
14. Kami Swedblom, an employee of Defendant, was enforcing an unlawful
requirement that was not passed by Congress as required by the United States Constitution.
Conversion
15. Plaintiff hereby incorporates the facts and allegations in Paragraphs 1-14 of this
Complaint as though set out in full herein.
16. “Conversion is the wrongful exercise of dominion over the property of another.
The elements of a conversion claim are: (1) the plaintiff’s ownership or right to possession of the
property; (2) the defendant’s conversion by a wrongful act or disposition of property rights; and
(3) damages.” Lee v. Hanley, 354 P.3d 334 (2015), citing Welco Electronics, Inc. v. Mora (2014)
223 Cal.App.4th 202, 208 [166 Cal.Rptr.3d 877].
17. The subject property in this case is the genetic material that was extracted by
Kami Swedblom, an employee of Defendant, for unlawful testing.
18. Plaintiff had the right to his genetic material, the right to choose whether or not to
give out that genetic material to anyone he wanted to.
19. Plaintiff did not want to give out his genetic material to Kami Swedblom as he
felt that Defendant hospital should have been more concerned with helping his wife deliver their
offspring. That prompted Kami Swedblom to threaten Plaintiff in order to get his genetic
material.
20. Some of the threats used by Kami Swedblom include being kept on the same floor
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PLAINTIFF’S ORIGINAL COMPLAINT – 5
as those who were confirmed to have Covid-19, being kept away from his offspring and not
being allowed back if he went without being tested.
21. Since Plaintiff is the main support of his wife and offspring, he did not want to
risk being kept on the same floor as those who had been confirmed to have Covid-19, being kept
away from his offspring and not being allowed back if he went without being tested.
22. Plaintiff was coerced by Kami Swedblom to give out his genetic material. He did
not do it out of choice. Plaintiff even let Kami Swedblom know that he did not consent to the
removal of his genetic material but she went ahead and did it anyway.
23. Due to the nature of the genetic material, it is not possible to return it back to
Plaintiff. Even if the genetic material could be returned back to Plaintiff, Kami Swedblom and
Defendant had no intention of returning the genetic material back to Plaintiff.
E. PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Honorable Court to grant him the following reliefs:
a. ISSUE judgment in Plaintiff’s favor and against Defendant;
b. AWARD Plaintiff damages for unlawful removal of his genetic material and
conversion in the sum of $_________;
c. AWARD Plaintiff punitive damages;
d. AWARD Plaintiff pre- and post-judgment interests, costs of this suit and attorney
fees as allowed by law;
e. AWARD Plaintiff such equitable relief as may be appropriate under the
circumstances; and
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PLAINTIFF’S ORIGINAL COMPLAINT – 6
f. AWARD Plaintiff such further relief as this Court deems necessary and proper.
Dated this ____ day of XXX.
Respectfully Submitted,
___________________________________
XXX.
Plaintiff in pro per
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PLAINTIFF’S ORIGINAL COMPLAINT – 7
VERIFICATION
I, XXX., being duly sworn depose and say that I have read the foregoing
Complaint and know the contents thereof. That the same is true of my own knowledge except as
to those matters and things stated upon information and belief, and as to those things, I believe
them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of XXX.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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