Amended Complaint Against NCHS and Superior Court

8/9/2019 Amended Complaint Against NCHS and Superior Court

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Alejandro Sanchez615 Townsite DriveVista, CA 92084760-681-4109Plaintiff

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

Alejandro Sanchez

Plaintiff.

v.

Superior Court of The State of CaliforniaCounty of San Diego North County DivisionCivil Filling Clerks CARLOS; TONY; andMARIE individually as well as in their Officialcapacity; ClerkLynn Arthur individually as wellas in her Official capacity; Clerk ReporterJennifer Starkindividually as well as in herOfficial capacity; Sergeant Thomas Clearyindividually as well as in his Official capacity;Deputy Doug Sanders individually as well as inhis Official capacity; SupervisorNancy Wikoffindividually as well as in her Official capacity.

NCHS supervisorTiffani Mauro; Irma CotaPresident and CEO, Phil Lenowsky ChiefFinancial Officer, Kevin Ellis Chief MedicalOfficer of the North County Health Services aPrivate Non Profit Corporation, Board of Directorsof North County Health Services George E. LopezChair, Melissa Brown Board Vice-Chair, DianeSeaberg Secretary, Rick Martinez Treasurer,Adriana Andres-Paulson Immediate Past Chair,Andres Martin Board of Director, Clyde H. BeckJr. Board of Director, Emigdio Lopez-RamirezBoard of Director, Shohre Zaheri Board of

Director, Walt Steffen Board of Director.NorthCounty Health Services (North County HealthProject Incorporated). and does 1-100

Defendants

))))))

)))))))))))))

)

Case No. 10cv0218 BEN WVGJudge: Hon. Roger T. Benitez

(1). Denial Of Access To The State Court OfCalifornia Northern Division

(2). Racial Discrimination(3). Violation Of Due Process And Equal

Protection Clause(4). Defamation Of Character(5). Harassment; Retaliation(6). Violation Of The American WithDisability

Act.(7) Violation of the Unruh Civil Rights Act(8). Violation Of First Amendment Right

(9). Complaint For Permanent Injunction

Date: April 19, 2010Time: 10:30 a.m.Courtroom: 3 (4th Floor)

Complaint filed: January 28, 2010

FIRST AMENDED COMPLAINT


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I.

JURISDICTION AND VENUE

This Court has jurisdiction of this action pursuant to American with Disabilities Act, Due

Process and Equal Protection Clause, First Amendment Rights, and related Federal regulations.Additional claims in this case arise under the laws of the State of California, California

Constitution.

Venue is proper in this Court under 28 U.S.C 1391 (b). Plaintiff and Defendants reside

within the County of San Diego, in the Southern District of California. Defendant Superior Court

of the State of California County of San Diego North County Division is a state agency, referred

to herein as "Superior Court." Superior Court Defendants Civil Filling Clerks CARLOS; TONY;

and MARIE individually as well as in their Official capacity; ClerkLynn Arthur individually as

well as in her Official capacity; Clerk ReporterJennifer Starkindividually as well as in her

Official capacity; Sergeant Thomas Cleary individually as well as in his Official capacity;

Deputy Doug Sanders individually as well as in his Official capacity; SupervisorNancy Wikoff

individually as well as in her Official capacity are all employees and conduct business in the

Superior Court of the State of California County of San Diego North County Division.

Defendant Tiffani Mauro is Vice President of Operations for North County Health Services,

Defendant Irma Cota is President and CEO of North County Health Services, Defendant Phil

Lenowsky Chief Financial Officer of North County Health Services, Defendant Kevin Ellis is the

Chief Medical Officer for North County Health Services, Defendant George E. Lopez is the Chair

of North County Health Services, Defendant Melissa Brown is the Board Vice-Chair of North

County Health Services, Defendant Diane Seaberg is the Secretary of North County Health

Services, Defendant Rick Martinez is the Treasurer of North County Health Services, Defendant

Adriana Andres-Paulson is the Immediate Past Chair of North County Health Services, Defendant

Andres Martin is Board of Director of North County Health Services, Defendant Clyde H. Beck

Jr. is Board of Director of North County Health Services, Defendant Emilio Lopez-Ramirez is

Board of Director of North County Health Services, Defendant Shohre Zaheri is Board of Director

of North County Health Services, Defendant Walt Steffen is Board of Director of North County


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Health Services; North County Health Project Incorporated/North County Health Services

referred to herein as, "NCHS." NCHS is a Corporation all above name Defendants are employees

of North County Health Services a Non-Profit 501C3 Corporation. All Defendants conduct their

course of business in the State of California County of San Diego. All of the events affectingPlaintiff occurred within the Southern District of California.

II.

NATURE OF THE ACTION

Plaintiff, his wife and five children have been patients of NCHS for on or about fifteen years

(15). Plaintiff had never filed a written complaint against NCHS with NCHS administration.

Recently Plaintiff filed a letter of complaint at the North County Health Office NCHS in the San

Marcos site for staff painting inside the building in the waiting area while patients were waiting.

Plaintiff and his children and other patients were sitting in the waiting area while the walls were

being painted, smelling the paint; all the windows and doors were completely closed. Plaintiff and

his children are severely asthmatic and have multiple allergies. Concurrently Plaintiff complained

that the pharmacy's computer was constantly down and medications were not timely dispensed.

Plaintiff filed a written Complaint in the NCHS San Marcos office located at 150 Valpreda Rd.

San Marcos CA. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the

Director of the San Marcos Office. Defendant Mauro assured Plaintiff she would follow through

with the complaint and sent Plaintiff a response letter.

The third complaint was in regard to HINI not being readily available to children with

respiratory problems.. In fifteen years Plaintiff complained a total of four times, three of these

times were current complaints. The complaints were given to Defendant Tiffani Mauro and her

assistants. Right after Plaintiff filed the current complaints with Defendant Tiffani Mauro he

received a letter dated January 15, 2010 and signed by Defendant Kevin Ellis Court of the State of

California County of San Diego North County Division via regular mail. Notifying Plaintiff that,

the North County Health Services can no longer provide services to you. Accusing Plaintiff of

being, rude and threatening to several staff members and it now appears that you are now

inappropriately interested in one or more female staff at North County Health Services.


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There were no court documents or any documents to show Defendants of North County Health

Services ever filed anything in court instead they said they filed a police report.

On or about January 15, 2010 an action was commenced against Plaintiff Sanchezby NORTH

COUNTY HEALTH SERVICES in the SUPERIOR COURT OF THE STATE OFCALIFORNIA, FOR THE COUNTY OF SAN DIEGO (North County Division).

The Complaint was never served on Plaintiff Sanchez. Plaintiff Sanchez was never served with

the Notice of Complaint or the Memorandum of the Complaint or any supporting documents. On

January 26, 2010 Plaintiff Sanchez was notified via overnight mail [letter] of Defendant's North

County Health Services Ex Parte scheduled for January 27, 2010 at 8:30 a.m. in the morning at

Department 7 Judge David Brown presiding. Plaintiff Sanchez was never served with a timely

Notice of the Ex Parte Motion, Motion or Supporting Memorandum of Ex Parte Motion, other

supporting documents, Proof of Service declarations, exhibits, appendices and or other documents

of either the Notice or the Memorandum of the Ex Parte Communication as authorized by CCP

1010; Cal Rules Ct., Rule (s) 3.12061; 3.1112; 3.1306 (a); 3.1202 (c));2 3.1203; 3.1200.3 CCP Rule

(s) 3.1204 (b);4 Plaintiff Sanchez was informed by an acquaintance that an action was register in

the California Court North County Division.

The action was registered and it is still registered in the electronic docket as Case No. 37-2010-

00050386-CU-HR-NC.

1 Cal Rule (s) 3.1206 No hearing may be held unless applicant serves parties appearing at Ex

Parte hearing with Ex Parte Application and any written opposition.2 Supporting documents must be attached, declarations, and any other document that demonstratesthe basis for Proceeding Ex Parte based upon personal knowledge. The Declaration must amountto an affirmative factual showing; containing competent testimony based upon personableknowledge of irreparable harm, immediate danger, or other statutory basis for granting Ex Parterelief Cal Rules Ct. 3.1202 CCP 2015.5.3 Multiple Procedure Safeguards to require notice to the adverse party, and courts require strictcompliance with this rule.4 Party must attach Affidavit or Declaration showing Notice or attempted Notice to OpposingParty. An Ex Parte application for an order must be accompanied by a declaration showing thatnotice of the Ex Parte application was provided within the applicable time period, or that a goodfaith attempt at notice was made Cal Rule 3.1204 (b). The application must also state whetherthere was any response to the notice given, and whether opposition is expected Cal Rule3.1204(b)(1); CCP 2009, 2015.5].


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When Plaintiff Sanchez showed up to the San Diego Court North County Division with his

daughter to view the file, the clerk of the court denied Defendant Sanchez access to view the file.

Plaintiff Sanchez attempted to get the file against him several times thereafter. The acquaintance

informed Plaintiff Sanchez that there was a file against him and he needed to insist that he beallowed to view the public file. Plaintiff Sanchez was denied the right to view the public file of

Case No.37-2010-00050386-CU-HR-NC [action against him]. Plaintiff Sanchez returned at a

later date and once again requested to view the public file against him and he was once again

denied the right to view the public file of Case No. 37-2010-00050386-CU-HR-NC of the action

against him by North County Health Services.

When Plaintiff Sanchez appeared in Courtroom 7 he cordially sat down as he listened to Judge

David Brown proceedings. Judge David Brown took on or about over 30 minutes with a

plaintiff/defendant in a restraining order. Then he took another over 15-20 minutes with another

restraining order party. When he called Plaintiff Sanchez and the attorney for the North County

Health Services Cynthia Sandoval, Judge Brown did not allow Defendant Sanchez to talk at all.

In fact, when Plaintiff Sanchez tried to inform the court that he was never notified or served with

any documents the Judge ignored and interrupted Plaintiff Sanchez the three times he attempted to

talk. The entire ex parte meeting was very brief less than five minutes. Judge Brown granted the

ex parte without any moving documents, proof of service, notices, memorandum or supporting

documents. NCHS attorney Cynthia Sandoval even requested that the public documents be

sealed. Further, that the public documents submitted to the San Diego Sheriffs for service to

Defendant Sanchez be retracted and sealed. These documents were indeed made available to the

public then retracted and sealed. Plaintiff Sanchez was never shown or served with these public

documents. Plaintiff Sanchez was never given the opportunity to defend himself in this action.

There was absolutely nothing served or given to Plaintiff Sanchez, Plaintiff Sanchez and attorney

Sandoval left the courtroom and were walking outside of the court. Judge Brown Bailiff called

Plaintiff and NCHS attorney Sandoval back to the court. The Bailiff said, "the judge wants to see

you in the courtroom." When Plaintiff Sanchez and NCHS attorney went back to the courtroom.

Judge Brown said he only wanted to talk to attorney Sandoval and asked Plaintiff Sanchez to leave


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the courtroom. NCHS attorney and Judge David Brown made a back alley deals, never allowed

Plaintiff Sanchez the opportunity to defend himself or speak in the action and never served him

with any moving papers against him. Employees of the Superior Court of The State of

California County of San Diego North County Division have consistently denied access to thecourt to Hispanic and disabled individuals. Plaintiff Sanchez is a disabled individual within the

meaning of the American with Disabilities Act ADA.

This is not the first incident as the record and the declarations by other individuals will show.

Other individuals and witnesses will testify that Plaintiff Sanchez a disabled individual has been

constantly harassed and discriminated against by employees of the Superior Court of The State

of California County of San Diego North County Division. Further that Plaintiff has filed

complaintswith the San Diego County CLERB Review Board. Dozens of Disabled and Hispanic

people are discriminated against by the Superior Court of The State of California County of

San Diego North County Division and many complaints have been filed with the county of San

Diego. Disabled and Hispanic individuals are denied access to the Superior Court of The State

of California County of San Diego North County Division court every single day.

Defendant Sanchez did not attach copies of the above-mentioned court actions against him,

summons or any document to this Complaint because he was denied access to the documents filed

against him and he was never served with the documents. Further, Judge Brown completely

sealed the file on January 27, 2010. Judge Brown ordered the Vista Sheriffs not to serve the

public document to Plaintiff Sanchez but to return the public documents to the court to be sealed.

Never allowing Plaintiff Sanchez the opportunity to view the documents or an opportunity to

format a defense because he did not have a clue as to what he is being accused of or who is

making slanderous accusations against him. Or in which manner he was defamed by the

documents filed and now sealed by Judge David Brown in the Superior Court of The State of

California County of San Diego North County Division.

Therefore Plaintiff Sanchez is moving these illegally sealed public documents of Case No.37-

2010-00050386-CU-HR-NC over to the United States District Court for the Southern District of

California to adjoin this Complaint for (1). Denial of Access To The State Court Of California (2).


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Racial Discrimination (3). Violation Of Due Process And Equal Protection Clause (4). Defamation

Of Character (5). Harassment (6). Violation of the American with Disability Act ADA (7).

Violation of the Unruh Civil Rights Act (8) Violation Of First Amendment Right (9). Permanent

Injunction.III.

THE PARTIES

Plaintiff Sanchez is a Hispanic individual with Disabilities within the meaning of the American

with Disabilities act, ADA. Plaintiff Sanchez is a resident of the city of Vista, County of San

Diego.

Defendant, Superior Court of The State of California County of San Diego North County

Division is a public agency in the State of California refer herein as, "Superior Court."

Defendants CARLOS; TONY; and MARIE are Civil Filling Clerks for the Superior Court of

The State of California County of San Diego North County Division. Superior Court Attorneys

advise the Superior Court Supervisor Holy not to release the last names of the these above named

Superior Court Defendants. Therefore Plaintiff does not know the true last names of the Civil

Filling Clerks. Defendants CARLOS; TONY; and MARIE are being sued in their individually

as well as in their Official capacity; Defendant Clerk LYNN ARTHUR is the clerk for Presiding

judge Robert P. Dahlquist she is being sued individually as well as in her Official capacity;

Defendant JENNIFER STARK is the Clerk Reporter for Presiding judge Robert P. Dahlquist she

is being sued individually as well as in her Official capacity; Defendant Sergeant THOMAS

CLEARY works in the Superior Court Sheriff Civil Office he is being sued in his individually as

well as in his Official capacity; Defendant Deputy DOUG SANDERS works in the Superior Court

Sheriff Civil Office he is being sued individually as well as in his Official capacity; Defendant

NANCY WIKOFF is the Supervisor of the Superior Court Sheriff Civil Office she is being sued


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individually as well as in her Official capacity. Employees of the Superior Court are referred

herein as, "Superior Court Defendants."

Defendant TIFFANI MAURO is the Vice President of Operations for the North County Health

Services; Defendant IRMA COTA is the President and CEO of North County Health Services,

Defendant PHIL LENOWSKY is the Chief Financial Officer of North County Health Services,

Defendant KEVIN ELLIS is the Chief Medical Officer of the North County Health Services,

Defendant GEORGE E. LOPEZ is the Chair Board of Directors of North County Health Services,

Defendant Melissa Brown Board is the Vice-Chair of North County Health Services, Defendant

DIANE SEABERG is the Secretary of North County Health Services, Defendant RICK

MARTINEZ is the Treasurer of North County Health Services, Defendant ADRIANA ADRES-

PAULSON is the Immediate Past Chair of North County Health Services, Defendant ANDRES

MARTIN is a Board of Director of North County Health Services, Defendant CLYDE H. BECK

JR. is a Board of Director for North County Health Services, Defendant EMIGDIO LOPEZ-

RAMIREZ is a Board of Director for North County Health Services, Defendant SHOHRE

ZAHERI is a Board of Director for North County Health Services, Defendant WALT STEFFEN is

a Board of Director for North County Health Services. All North County Health Services

Defendants will be referred to as, "NCHS Defendants" herein.North County Health Project Incorporated Private Non- Profit 501C3 Corporation. Will be

referred to herein as "NCHS."

IV.

FIRST CAUSE OF ACTION

DENIAL OF ACCESS TO THE STATE COURT OF CALIFORNIA

NORTHERN DIVISION

Plaintiff was/has been denied access to the California Courts Rule 1.100 (b) (42 U.S.C.

12101; 42 U.S.C. 1213, 12132, 12132; Californias Unruh Civil Rights Act; and other

applicable federal laws.) The Policy of the Courts in the State of California is suppose to insure

that persons with disabilities have equal and full access to the judicial system. Plaintiff has been

denied access to the Superior Court of The State of California County of San Diego North County


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Division on many occasions. Plaintiff a disabled person was dumped5 by NCHS in violation of 42

U.S.C. 1213, 12132, 12132; Californias Unruh Civil Rights Act.

Plaintiff has suffered irreparable harm by the denial of his right to access the courts and view

documents filed against him. Plaintiff has been stopped at the front door of the Superior Court ofThe State of California County of San Diego North County Division and told he cannot go into the

court to file or review documents. As a result of the systemic practice and denial by Defendant

Superior Court of The State of California County of San Diego North County Division Civil

Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official capacity;

Clerk LYNN ARTHUR individually as well as in her Official capacity; Clerk Reporter

JENNIFER STARK individually as well as in her Official capacity; Sergeant THOMAS

CLEARY individually as well as in his Official capacity; Deputy DOUG SANDERS individually

as well as in his Official capacity; Supervisor NANCY WIKOFF individually as well as in her

Official capacity. Plaintiff has suffered monetary damages in the sum of over $ 150,000. Plaintiff

and his wife were left homeless along with their five young children. Three of Plaintiffs children

are disabled within the meaning of the ADA and the Individuals with Disabilities Education Act,

IDEA.

Plaintiff Sanchez lost his entire possessions, including birth certificates; complete life

possessions were taken away from Plaintiff by the systemic practice of unlawful denials of his

right to access the Superior Court of The State of California County of San Diego North

County Division and his right to defend himself, view court files, the Superior Court Defendants

have denied him the right to review documents filed against him, the Superior Court Defendants

have refused to file the documents he attempted to file in the court. Superior Court Defendants

refused to allow plaintiff entrance to the court, mocked and humiliated him inside the courtroom in

the case ofSanchez v. Bergensons Property.

Therefore, Plaintiff is asking for compensation of his damages and financial losses. The North

County Health Services Defendants violated Plaintiff Sanchez right to defend the claims against

him by not serving document and adhering to the rules of the Court of Civil Procedures in the

5a term used in the health care industry meaning to get rid of patients in an unethical manner.


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State of California in this present action. Along with patient dumping and violations of violation

of 42 U.S.C. 1213, 12132, 12132; Californias Unruh Civil Rights Act and Health Insurance

Portability and Accountability Act (HIPAA) of 1996 (P.L.104- 191) [HIPAA].

V.

SECOND CAUSE OF ACTION

RACIAL DISCRIMINATION

Defendants of the Superior Court of The State of California County of San Diego North

County Division have a discriminatory custom and practice of discrimination against Hispanic and

Disabled individuals. Caucasian citizens are not discriminated or treated substandard as Hispanic

and Disabled individuals. Caucasian individuals are not harassed, humiliated, and are not escorted

outside for attempting to conduct regular business at the Superior Court of The State of


Caucasian individualsare generally treated with courtesy, their moving papers are filed, their

questions are answered, and the judges spend a generous amount of time listening to Caucasian

parties. On the other hand Hispanic and disabled individuals are treated as maggots and criminals

in the courtrooms by the clerks and judges.

As a result of the Superior Court Defendants racial discrimination against Plaintiff Sanchez, he

was not able to have access to the court, defend or move papers. Plaintiff Sanchez lost his entire

possessions, including birth certificates; complete life possessions were taken away from Plaintiff

by the unlawful denial of his right to access the Superior Court of The State of California

County of San Diego North County Division and his right to defend himself, view court files,

Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the

court, mocked and humiliated him in the court.

Plaintiff Sanchez, his wife and his five children suffered permanent harm, grievous emotional

distress, anxiety and loss of their home, possessions and liberties.

Therefore, Plaintiff is asking for compensation of his damages and financial losses.

///

///


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VI.

VIOLATION OF DUE PROCESS AND EQUAL PROTECTION CLAUSE

Federal laws provide the foundation for establishing the right of disabled individuals the right

to equal protection and the right to have a due process of laws under the 14

th

Amendment to theConstitution of the United States of America. All Superior Court Defendants violated Plaintiff

Due Process and Equal Protection Clause by refusing Plaintiff to have access to the courts,

refusing to serve documents on Plaintiff, refusing to allow Plaintiff to view the public file of

allegations against him, refusing to allow plaintiff to format a defense and by not adhering to the

California Court of Civil Procedure Rules of the Court.

NCHS Defendants harassed and retaliated against Plaintiff for filing a written complaint

against the low standard of care by dumping, slandering and forming sham accusations against

him. Denying Plaintiff the right to pursue a uniform complaint process a standard process and

requirement with recipient agencies of both state and federal funding.

By the unlawful denial of Plaintiffs right to have access to the Superior Court of The State

of California County of San Diego North County Division and his right to defend himself, view

court files, clerks of the court refused to file documents, refused to allow plaintiff from entering

the court, mocked and humiliated him in the court. By their wrongful course of action Superior

Court Defendants as well as NCHS Defendants violated Plaintiffs right to a due process and equal

protection of laws. Plaintiff Sanchez, his wife and his five children suffered grievous emotional

distress, anxiety, and loss of their home, possessions and liberties. This present action is evidence

of the discriminatory pattern of attacks against Plaintiff by Superior Court Defendants as well as

Defendants of NCHS. Therefore, Plaintiff is asking for compensation of his damages and

financial losses.

VII.

DEFAMATION OF CHARACTER

Plaintiff believes NCHS Defendants filed slanderous defamatory accusations against him for

complaining about the standard of patient care at the NCHS San Marcos Clinic. These sham

defamatory accusations were made public in court documents for the public to view. Further these


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documents were given to the Sheriffs to serve upon Plaintiff, Judge Brown retracted and ordered

the documents to be returned to the court and filed under seal afterthe documents were made

public and the accusations were made against Plaintiff Sanchez. Plaintiff was not allowed an

opportunity to view the defamatory documents that were filed against him. The Court however,sealed all documents away from Plaintiff but not from the public view including the sheriffs, as

these documents were made public from January 15, 2010 to January 27, 2010.

The Superior Court Defendantsdenied plaintiff the right to view the public documents on

several occasions. Further, the Court had an ex parte hearing in which Plaintiff was not allowed to

participate in, view any documents or defend himself against the defamatory accusations.

By these said unlawful denials of Plaintiffs right to have access to the Superior Court of The

State of California County of San Diego North County Division and his right to defend

himself, view court files, Superior Court Defendants refused to file documents, refused to allow

plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his

wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of

liberties and federal protected rights.


VIII.

HARRASMENT

Plaintiff filed a letter of complaint at the North County Health Office in the San Marcos site

for staff painting inside the building in the waiting area while patients were waiting. Plaintiff

complained about pharmacy prescriptions not being dispensed in a timely manner because the

computers are constantly down. Plaintiff handed the written complaint to Defendant Tiffani Mauro

who is the Director of the San Marcos Office. Plaintiff filed a third complaint in regard to HINI

not being readily available for children and elderly with respiratory problems. Plaintiff has a right

to file a complaint about the standard of care his children were receiving at the North County

Health Services San Marcos office.

Right after Plaintiff filed the current complaints with Defendant Tiffani mauro he received a

letter dated January 15, 2010 signed by Defendant Kevin Ellis via regular mail. Notifying


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Plaintiff that, the North County Health Services can no longer provide services to you. Accusing

Plaintiff of being "rude and threatening to several staff members and it now appears that you are

now inappropriately interested in one or more female staff at North County Health Services.

NCHS Defendants further filed libelous accusations against him in Superior Court.These accusations were made with malice in an attempt to harass and intimidate Plaintiff, his wife

and kids. NCHS Defendants intended to slander Plaintiffs character and reputation within his

community and his church. The actions of North County Health Services Defendants violated

Plaintiffs protected and statutory rights, slandered his reputation, and falsely accused Plaintiff of

inappropriate acts as a result of the complaints he filed against them for the low standard of

medical care.

Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety,

humiliation, loss of sleep, embarrassment loss of liberties.

Therefore, Plaintiff is asking for compensatory and punitive damages.IX.

VIOLATION OF THE AMERICAN WITH DISABLITY ACT

Title II of the Americans with Disability Act prohibits discrimination in the provision of public

benefits and services. Title II states:

No individual with a disability shall, by any reason of such disability, be excluded

from participation in or be denied the benefits of the services, programs or activities

of a public entity or be subjected to discrimination by any such entity.

the Unruh Civil Rights Act statutes require business establishments to provide full and equal

accommodations, advantages, facilities, privileges, or services.

The Superior Court of The State of California County of San Diego North County

Division is a public agency and conducts business in the state of California.

The North County Health Services is Incorporated as a Private, Non-Profit 501(c)(3)

Corporation. As a Non-Profit Corporation, 86% of NCHS revenues come from federal funding.

Therefore they have a contractual agreement with federal regulatory agencies to adhere to anti-

retaliation, anti-harassment and anti-discrimination laws. In fact their adherence is a condition


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upon receiving the federal funds. Patient dumping by recipients of federal funds is strictly

prohibited.

North County Health Services claims to be, Responding to the need to provide health

services to low-income patients continues to underlie the mission of NCHS: To improve thehealth status of our diverse communities by providing quality healthcare that is comprehensive,

affordable, and culturally and linguistically sensitive. By their discriminatory and retaliatory

actions the North County Health Services Corporation and its agents have violated State and

Federal Laws and their own mission of providing a standard of care, and being culturally and

linguistically sensitive. Furthermore, NCHS and its Defendants have maliciously discriminated

against Plaintiff knowing he is a disabled American within the Meaning of the Americans with

Disability Act and the California Unruh Civil Rights Act .

Further Plaintiff Sanchez children are also disabled within the meaning of the ADA and

Individuals with Disability Education Act IDEA and the California Unruh Civil Rights Act.

Plaintiff and his entire family were patients of North County Health Services for about fifteen

years. When Plaintiff complained about the standard of care and the health and safety violation

agents of the North County Health Services discriminated, retaliated, harassed, and falsely accused

Plaintiff Sanchez of wrongful acts.

Plaintiff Sanchez and his disabled children were denied access to healthcare and denied access

to the courts to rectify the false accusations against him by all named defendants and agencies.

The actions of Superior CourtDefendants violated Plaintiffs protected and statutory rights,

slandered his reputation, and falsely accused him of inappropriate acts; as a result of the

complaints Plaintiff filed against them for the low standard of medical care.

The above Superior Court Defendants violated Plaintiff Sanchez right to defend himself, view

court files, clerks of the court refused to file documents, at times refused to allow plaintiff to enter

the court, mocked and humiliated him in the court even in the courtroom.


humiliation and loss of liberties.



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X.

VIOLATION OF FIRST AMENDMENT RIGHT


for staff painting inside the building in the waiting area while patients were waiting. Plaintiffhanded the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos

Office. Plaintiff filed a second complaint in regard to HINI not being readily available for

children with respiratory problems. Plaintiff filed a third complaint about the need for him fill out

his medication, the computers are constantly down and therefore there is a long delay in getting

prescription timely filed. Plaintiff has a right to file a complaint about the standard of care his

children were receiving at the North County Health Services San Marcos office.

As a result of Plaintiffs exercise of his First Amendment Rights, Defendants of North County

Health Services retaliated against Plaintiff by making false slanderous allegations against him,

Violating his First Amendment Right, slandered Plaintiffs reputation, and falsely accused him of

inappropriate acts; as a result of the complaints he filed against them for the low standard of

medical care. The above named Defendants violated Plaintiff Sanchez right to defend himself,

view court files, clerks of the court refused to file documents, refused to allow plaintiff from

entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his

five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties.

Therefore, Plaintiff is asking for compensation of his damages and financial losses.XI.

COMPLAINT FOR PERMANENT INJUNCTION

Due to Defendants discriminatory, retaliatory and malicious acts of denying Plaintiff access to

the courts. Violating the rights of Plaintiff and other Hispanic and disabled individuals to have

access to the courts. NCHS Defendants actions of dumping Plaintiff and covering up their illegal

actions by falsifying and accusing Plaintiff of unsavory conduct. Through their sham and illegal

conduct the NCHS Defendants have discriminated and violated Plaintiff Constitutional and

statutory rights. Plaintiff is asking that this court prohibit NCHS from dumping patients and

drumming up false accusations against patients to justify their illegal actions and conduct.


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Plaintiff Sanchez lost his right to defend himself, view court files, Superior Court Defendants

refused to file documents, refused to allow plaintiff from entering the court, mocked and

humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous

emotional distress, anxiety, humiliation and loss of Federal and State protected liberties. Plaintiffis asking for a permanent injunction against the Superior Court of The State of California

County of San Diego North County Division and the North County Health Services.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

1. For actual and compensatory damages in an amount to be ascertained according to

proof;

2. For punitive damages in an amount sufficient to punish Defendants and deter others

from conduct.

3. For a permanent injunction.

4. Such and other further relief as this court deems just and proper.

Dated: March 30, 2010

Alejandro Sanchez__________________


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Alejandro Sanchez615 Townsite DriveVista, CA 92084760-681-4109

Plaintiff



Alejandro Sanchez

Plaintiff.

v.

Superior Court of The State of CaliforniaCounty of San Diego North County DivisionCivil Filling Clerks CARLOS; TONY; andMARIE individually as well as in their Officialcapacity; ClerkLynn Arthur individually as wellas in her Official capacity; Clerk ReporterJennifer Starkindividually as well as in herOfficial capacity; Sergeant Thomas Clearyindividually as well as in his Official capacity;Deputy Doug Sanders individually as well as inhis Official capacity; SupervisorNancy Wikoffindividually as well as in her Official capacity.

NCHS supervisorTiffani Mauro; Irma CotaPresident and CEO, Phil Lenowsky ChiefFinancial Officer, Kevin Ellis Chief MedicalOfficer of the North County Health Services aPrivate Non Profit Corporation, Board of Directorsof North County Health Services George E. LopezChair, Melissa Brown Board Vice-Chair, DianeSeaberg Secretary, Rick Martinez Treasurer,Adriana Andres-Paulson Immediate Past Chair,Andres Martin Board of Director, Clyde H. BeckJr. Board of Director, Emigdio Lopez-RamirezBoard of Director, Shohre Zaheri Board of

Director, Walt Steffen Board of Director.NorthCounty Health Services (North County HealthProject Incorporated). and does 1-100

Defendants

))))))

)))))))))))))

)

Case No. 10cv0218 BEN WVGJudge: Hon. Roger T. Benitez

(1). Denial Of Access To The State Court OfCalifornia Northern Division

(2). Racial Discrimination(3). Violation Of Due Process And Equal

Protection Clause(4). Defamation Of Character(5). Harassment; Retaliation(6). Violation Of The American WithDisability

Act.(7) Violation of the Unruh Civil Rights Act(8). Violation Of First Amendment Right

(9). Complaint For Permanent Injunction

Date: April 19, 2010Time: 10:30 a.m.Courtroom: 3 (4th Floor)

Complaint filed: January 28, 2010

FIRST AMENDED COMPLAINT


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I.

JURISDICTION AND VENUE

This Court has jurisdiction of this action pursuant to American with Disabilities Act, Due

Process and Equal Protection Clause, First Amendment Rights, and related Federal regulations.Additional claims in this case arise under the laws of the State of California, California

Constitution.

Venue is proper in this Court under 28 U.S.C 1391 (b). Plaintiff and Defendants reside

within the County of San Diego, in the Southern District of California. Defendant Superior Court

of the State of California County of San Diego North County Division is a state agency, referred

to herein as "Superior Court." Superior Court Defendants Civil Filling Clerks CARLOS; TONY;

and MARIE individually as well as in their Official capacity; ClerkLynn Arthur individually as

well as in her Official capacity; Clerk ReporterJennifer Starkindividually as well as in her

Official capacity; Sergeant Thomas Cleary individually as well as in his Official capacity;

Deputy Doug Sanders individually as well as in his Official capacity; SupervisorNancy Wikoff

individually as well as in her Official capacity are all employees and conduct business in the

Superior Court of the State of California County of San Diego North County Division.

Defendant Tiffani Mauro is Vice President of Operations for North County Health Services,

Defendant Irma Cota is President and CEO of North County Health Services, Defendant Phil

Lenowsky Chief Financial Officer of North County Health Services, Defendant Kevin Ellis is the

Chief Medical Officer for North County Health Services, Defendant George E. Lopez is the Chair

of North County Health Services, Defendant Melissa Brown is the Board Vice-Chair of North

County Health Services, Defendant Diane Seaberg is the Secretary of North County Health

Services, Defendant Rick Martinez is the Treasurer of North County Health Services, Defendant

Adriana Andres-Paulson is the Immediate Past Chair of North County Health Services, Defendant

Andres Martin is Board of Director of North County Health Services, Defendant Clyde H. Beck

Jr. is Board of Director of North County Health Services, Defendant Emilio Lopez-Ramirez is

Board of Director of North County Health Services, Defendant Shohre Zaheri is Board of Director

of North County Health Services, Defendant Walt Steffen is Board of Director of North County


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Health Services; North County Health Project Incorporated/North County Health Services

referred to herein as, "NCHS." NCHS is a Corporation all above name Defendants are employees

of North County Health Services a Non-Profit 501C3 Corporation. All Defendants conduct their

course of business in the State of California County of San Diego. All of the events affectingPlaintiff occurred within the Southern District of California.

II.

NATURE OF THE ACTION

Plaintiff, his wife and five children have been patients of NCHS for on or about fifteen years

(15). Plaintiff had never filed a written complaint against NCHS with NCHS administration.

Recently Plaintiff filed a letter of complaint at the North County Health Office NCHS in the San

Marcos site for staff painting inside the building in the waiting area while patients were waiting.

Plaintiff and his children and other patients were sitting in the waiting area while the walls were

being painted, smelling the paint; all the windows and doors were completely closed. Plaintiff and

his children are severely asthmatic and have multiple allergies. Concurrently Plaintiff complained

that the pharmacy's computer was constantly down and medications were not timely dispensed.

Plaintiff filed a written Complaint in the NCHS San Marcos office located at 150 Valpreda Rd.

San Marcos CA. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the

Director of the San Marcos Office. Defendant Mauro assured Plaintiff she would follow through

with the complaint and sent Plaintiff a response letter.

The third complaint was in regard to HINI not being readily available to children with

respiratory problems.. In fifteen years Plaintiff complained a total of four times, three of these

times were current complaints. The complaints were given to Defendant Tiffani Mauro and her

assistants. Right after Plaintiff filed the current complaints with Defendant Tiffani Mauro he

received a letter dated January 15, 2010 and signed by Defendant Kevin Ellis Court of the State of

California County of San Diego North County Division via regular mail. Notifying Plaintiff that,

the North County Health Services can no longer provide services to you. Accusing Plaintiff of

being, rude and threatening to several staff members and it now appears that you are now

inappropriately interested in one or more female staff at North County Health Services.


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There were no court documents or any documents to show Defendants of North County Health

Services ever filed anything in court instead they said they filed a police report.

On or about January 15, 2010 an action was commenced against Plaintiff Sanchezby NORTH

COUNTY HEALTH SERVICES in the SUPERIOR COURT OF THE STATE OFCALIFORNIA, FOR THE COUNTY OF SAN DIEGO (North County Division).

The Complaint was never served on Plaintiff Sanchez. Plaintiff Sanchez was never served with

the Notice of Complaint or the Memorandum of the Complaint or any supporting documents. On

January 26, 2010 Plaintiff Sanchez was notified via overnight mail [letter] of Defendant's North

County Health Services Ex Parte scheduled for January 27, 2010 at 8:30 a.m. in the morning at

Department 7 Judge David Brown presiding. Plaintiff Sanchez was never served with a timely

Notice of the Ex Parte Motion, Motion or Supporting Memorandum of Ex Parte Motion, other

supporting documents, Proof of Service declarations, exhibits, appendices and or other documents

of either the Notice or the Memorandum of the Ex Parte Communication as authorized by CCP

1010; Cal Rules Ct., Rule (s) 3.12061; 3.1112; 3.1306 (a); 3.1202 (c));2 3.1203; 3.1200.3 CCP Rule

(s) 3.1204 (b);4 Plaintiff Sanchez was informed by an acquaintance that an action was register in

the California Court North County Division.

The action was registered and it is still registered in the electronic docket as Case No. 37-2010-

00050386-CU-HR-NC.

1 Cal Rule (s) 3.1206 No hearing may be held unless applicant serves parties appearing at Ex

Parte hearing with Ex Parte Application and any written opposition.2 Supporting documents must be attached, declarations, and any other document that demonstratesthe basis for Proceeding Ex Parte based upon personal knowledge. The Declaration must amountto an affirmative factual showing; containing competent testimony based upon personableknowledge of irreparable harm, immediate danger, or other statutory basis for granting Ex Parterelief Cal Rules Ct. 3.1202 CCP 2015.5.3 Multiple Procedure Safeguards to require notice to the adverse party, and courts require strictcompliance with this rule.4 Party must attach Affidavit or Declaration showing Notice or attempted Notice to OpposingParty. An Ex Parte application for an order must be accompanied by a declaration showing thatnotice of the Ex Parte application was provided within the applicable time period, or that a goodfaith attempt at notice was made Cal Rule 3.1204 (b). The application must also state whetherthere was any response to the notice given, and whether opposition is expected Cal Rule3.1204(b)(1); CCP 2009, 2015.5].


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When Plaintiff Sanchez showed up to the San Diego Court North County Division with his

daughter to view the file, the clerk of the court denied Defendant Sanchez access to view the file.

Plaintiff Sanchez attempted to get the file against him several times thereafter. The acquaintance

informed Plaintiff Sanchez that there was a file against him and he needed to insist that he beallowed to view the public file. Plaintiff Sanchez was denied the right to view the public file of

Case No.37-2010-00050386-CU-HR-NC [action against him]. Plaintiff Sanchez returned at a

later date and once again requested to view the public file against him and he was once again

denied the right to view the public file of Case No. 37-2010-00050386-CU-HR-NC of the action

against him by North County Health Services.

When Plaintiff Sanchez appeared in Courtroom 7 he cordially sat down as he listened to Judge

David Brown proceedings. Judge David Brown took on or about over 30 minutes with a

plaintiff/defendant in a restraining order. Then he took another over 15-20 minutes with another

restraining order party. When he called Plaintiff Sanchez and the attorney for the North County

Health Services Cynthia Sandoval, Judge Brown did not allow Defendant Sanchez to talk at all.

In fact, when Plaintiff Sanchez tried to inform the court that he was never notified or served with

any documents the Judge ignored and interrupted Plaintiff Sanchez the three times he attempted to

talk. The entire ex parte meeting was very brief less than five minutes. Judge Brown granted the

ex parte without any moving documents, proof of service, notices, memorandum or supporting

documents. NCHS attorney Cynthia Sandoval even requested that the public documents be

sealed. Further, that the public documents submitted to the San Diego Sheriffs for service to

Defendant Sanchez be retracted and sealed. These documents were indeed made available to the

public then retracted and sealed. Plaintiff Sanchez was never shown or served with these public

documents. Plaintiff Sanchez was never given the opportunity to defend himself in this action.

There was absolutely nothing served or given to Plaintiff Sanchez, Plaintiff Sanchez and attorney

Sandoval left the courtroom and were walking outside of the court. Judge Brown Bailiff called

Plaintiff and NCHS attorney Sandoval back to the court. The Bailiff said, "the judge wants to see

you in the courtroom." When Plaintiff Sanchez and NCHS attorney went back to the courtroom.

Judge Brown said he only wanted to talk to attorney Sandoval and asked Plaintiff Sanchez to leave


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the courtroom. NCHS attorney and Judge David Brown made a back alley deals, never allowed

Plaintiff Sanchez the opportunity to defend himself or speak in the action and never served him

with any moving papers against him. Employees of the Superior Court of The State of

California County of San Diego North County Division have consistently denied access to thecourt to Hispanic and disabled individuals. Plaintiff Sanchez is a disabled individual within the

meaning of the American with Disabilities Act ADA.

This is not the first incident as the record and the declarations by other individuals will show.

Other individuals and witnesses will testify that Plaintiff Sanchez a disabled individual has been

constantly harassed and discriminated against by employees of the Superior Court of The State

of California County of San Diego North County Division. Further that Plaintiff has filed

complaintswith the San Diego County CLERB Review Board. Dozens of Disabled and Hispanic

people are discriminated against by the Superior Court of The State of California County of

San Diego North County Division and many complaints have been filed with the county of San

Diego. Disabled and Hispanic individuals are denied access to the Superior Court of The State

of California County of San Diego North County Division court every single day.

Defendant Sanchez did not attach copies of the above-mentioned court actions against him,

summons or any document to this Complaint because he was denied access to the documents filed

against him and he was never served with the documents. Further, Judge Brown completely

sealed the file on January 27, 2010. Judge Brown ordered the Vista Sheriffs not to serve the

public document to Plaintiff Sanchez but to return the public documents to the court to be sealed.

Never allowing Plaintiff Sanchez the opportunity to view the documents or an opportunity to

format a defense because he did not have a clue as to what he is being accused of or who is

making slanderous accusations against him. Or in which manner he was defamed by the

documents filed and now sealed by Judge David Brown in the Superior Court of The State of


Therefore Plaintiff Sanchez is moving these illegally sealed public documents of Case No. 37-

2010-00050386-CU-HR-NC over to the United States District Court for the Southern District of

California to adjoin this Complaint for (1). Denial of Access To The State Court Of California (2).


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Racial Discrimination (3). Violation Of Due Process And Equal Protection Clause (4). Defamation

Of Character (5). Harassment (6). Violation of the American with Disability Act ADA (7).

Violation of the Unruh Civil Rights Act (8) Violation Of First Amendment Right (9). Permanent

Injunction.III.

THE PARTIES

Plaintiff Sanchez is a Hispanic individual with Disabilities within the meaning of the American

with Disabilities act, ADA. Plaintiff Sanchez is a resident of the city of Vista, County of San

Diego.

Defendant, Superior Court of The State of California County of San Diego North County

Division is a public agency in the State of California refer herein as, "Superior Court."

Defendants CARLOS; TONY; and MARIE are Civil Filling Clerks for the Superior Court of

The State of California County of San Diego North County Division. Superior Court Attorneys

advise the Superior Court Supervisor Holy not to release the last names of the these above named

Superior Court Defendants. Therefore Plaintiff does not know the true last names of the Civil

Filling Clerks. Defendants CARLOS; TONY; and MARIE are being sued in their individually

as well as in their Official capacity; Defendant Clerk LYNN ARTHUR is the clerk for Presiding

judge Robert P. Dahlquist she is being sued individually as well as in her Official capacity;

Defendant JENNIFER STARK is the Clerk Reporter for Presiding judge Robert P. Dahlquist she

is being sued individually as well as in her Official capacity; Defendant Sergeant THOMAS

CLEARY works in the Superior Court Sheriff Civil Office he is being sued in his individually as

well as in his Official capacity; Defendant Deputy DOUG SANDERS works in the Superior Court

Sheriff Civil Office he is being sued individually as well as in his Official capacity; Defendant

NANCY WIKOFF is the Supervisor of the Superior Court Sheriff Civil Office she is being sued


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individually as well as in her Official capacity. Employees of the Superior Court are referred

herein as, "Superior Court Defendants."

Defendant TIFFANI MAURO is the Vice President of Operations for the North County Health

Services; Defendant IRMA COTA is the President and CEO of North County Health Services,

Defendant PHIL LENOWSKY is the Chief Financial Officer of North County Health Services,

Defendant KEVIN ELLIS is the Chief Medical Officer of the North County Health Services,

Defendant GEORGE E. LOPEZ is the Chair Board of Directors of North County Health Services,

Defendant Melissa Brown Board is the Vice-Chair of North County Health Services, Defendant

DIANE SEABERG is the Secretary of North County Health Services, Defendant RICK

MARTINEZ is the Treasurer of North County Health Services, Defendant ADRIANA ADRES-

PAULSON is the Immediate Past Chair of North County Health Services, Defendant ANDRES

MARTIN is a Board of Director of North County Health Services, Defendant CLYDE H. BECK

JR. is a Board of Director for North County Health Services, Defendant EMIGDIO LOPEZ-

RAMIREZ is a Board of Director for North County Health Services, Defendant SHOHRE

ZAHERI is a Board of Director for North County Health Services, Defendant WALT STEFFEN is

a Board of Director for North County Health Services. All North County Health Services

Defendants will be referred to as, "NCHS Defendants" herein.North County Health Project Incorporated Private Non- Profit 501C3 Corporation. Will be

referred to herein as "NCHS."

IV.

FIRST CAUSE OF ACTION

DENIAL OF ACCESS TO THE STATE COURT OF CALIFORNIA

NORTHERN DIVISION

Plaintiff was/has been denied access to the California Courts Rule 1.100 (b) (42 U.S.C.

12101; 42 U.S.C. 1213, 12132, 12132; Californias Unruh Civil Rights Act; and other

applicable federal laws.) The Policy of the Courts in the State of California is suppose to insure

that persons with disabilities have equal and full access to the judicial system. Plaintiff has been

denied access to the Superior Court of The State of California County of San Diego North County


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Division on many occasions. Plaintiff a disabled person was dumped5 by NCHS in violation of 42

U.S.C. 1213, 12132, 12132; Californias Unruh Civil Rights Act.

Plaintiff has suffered irreparable harm by the denial of his right to access the courts and view

documents filed against him. Plaintiff has been stopped at the front door of the Superior Court ofThe State of California County of San Diego North County Division and told he cannot go into the

court to file or review documents. As a result of the systemic practice and denial by Defendant

Superior Court of The State of California County of San Diego North County Division Civil

Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official capacity;

Clerk LYNN ARTHUR individually as well as in her Official capacity; Clerk Reporter

JENNIFER STARK individually as well as in her Official capacity; Sergeant THOMAS

CLEARY individually as well as in his Official capacity; Deputy DOUG SANDERS individually

as well as in his Official capacity; Supervisor NANCY WIKOFF individually as well as in her

Official capacity. Plaintiff has suffered monetary damages in the sum of over $ 150,000. Plaintiff

and his wife were left homeless along with their five young children. Three of Plaintiffs children

are disabled within the meaning of the ADA and the Individuals with Disabilities Education Act,

IDEA.

Plaintiff Sanchez lost his entire possessions, including birth certificates; complete life

possessions were taken away from Plaintiff by the systemic practice of unlawful denials of his

right to access the Superior Court of The State of California County of San Diego North

County Division and his right to defend himself, view court files, the Superior Court Defendants

have denied him the right to review documents filed against him, the Superior Court Defendants

have refused to file the documents he attempted to file in the court. Superior Court Defendants

refused to allow plaintiff entrance to the court, mocked and humiliated him inside the courtroom in

the case ofSanchez v. Bergensons Property.

Therefore, Plaintiff is asking for compensation of his damages and financial losses. The North

County Health Services Defendants violated Plaintiff Sanchez right to defend the claims against

him by not serving document and adhering to the rules of the Court of Civil Procedures in the

5a term used in the health care industry meaning to get rid of patients in an unethical manner.


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State of California in this present action. Along with patient dumping and violations of violation

of 42 U.S.C. 1213, 12132, 12132; Californias Unruh Civil Rights Act and Health Insurance

Portability and Accountability Act (HIPAA) of 1996 (P.L.104- 191) [HIPAA].

V.

SECOND CAUSE OF ACTION

RACIAL DISCRIMINATION

Defendants of the Superior Court of The State of California County of San Diego North

County Division have a discriminatory custom and practice of discrimination against Hispanic and

Disabled individuals. Caucasian citizens are not discriminated or treated substandard as Hispanic

and Disabled individuals. Caucasian individuals are not harassed, humiliated, and are not escorted

outside for attempting to conduct regular business at the Superior Court of The State of


Caucasian individualsare generally treated with courtesy, their moving papers are filed, their

questions are answered, and the judges spend a generous amount of time listening to Caucasian

parties. On the other hand Hispanic and disabled individuals are treated as maggots and criminals

in the courtrooms by the clerks and judges.

As a result of the Superior Court Defendants racial discrimination against Plaintiff Sanchez, he

was not able to have access to the court, defend or move papers. Plaintiff Sanchez lost his entire

possessions, including birth certificates; complete life possessions were taken away from Plaintiff

by the unlawful denial of his right to access the Superior Court of The State of California

County of San Diego North County Division and his right to defend himself, view court files,

Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the

court, mocked and humiliated him in the court.

Plaintiff Sanchez, his wife and his five children suffered permanent harm, grievous emotional

distress, anxiety and loss of their home, possessions and liberties.


///

///


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VI.

VIOLATION OF DUE PROCESS AND EQUAL PROTECTION CLAUSE

Federal laws provide the foundation for establishing the right of disabled individuals the right

to equal protection and the right to have a due process of laws under the 14

th

Amendment to theConstitution of the United States of America. All Superior Court Defendants violated Plaintiff

Due Process and Equal Protection Clause by refusing Plaintiff to have access to the courts,

refusing to serve documents on Plaintiff, refusing to allow Plaintiff to view the public file of

allegations against him, refusing to allow plaintiff to format a defense and by not adhering to the

California Court of Civil Procedure Rules of the Court.

NCHS Defendants harassed and retaliated against Plaintiff for filing a written complaint

against the low standard of care by dumping, slandering and forming sham accusations against

him. Denying Plaintiff the right to pursue a uniform complaint process a standard process and

requirement with recipient agencies of both state and federal funding.

By the unlawful denial of Plaintiffs right to have access to the Superior Court of The State

of California County of San Diego North County Division and his right to defend himself, view

court files, clerks of the court refused to file documents, refused to allow plaintiff from entering

the court, mocked and humiliated him in the court. By their wrongful course of action Superior

Court Defendants as well as NCHS Defendants violated Plaintiffs right to a due process and equal

protection of laws. Plaintiff Sanchez, his wife and his five children suffered grievous emotional

distress, anxiety, and loss of their home, possessions and liberties. This present action is evidence

of the discriminatory pattern of attacks against Plaintiff by Superior Court Defendants as well as

Defendants of NCHS. Therefore, Plaintiff is asking for compensation of his damages and

financial losses.

VII.

DEFAMATION OF CHARACTER

Plaintiff believes NCHS Defendants filed slanderous defamatory accusations against him for

complaining about the standard of patient care at the NCHS San Marcos Clinic. These sham

defamatory accusations were made public in court documents for the public to view. Further these


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documents were given to the Sheriffs to serve upon Plaintiff, Judge Brown retracted and ordered

the documents to be returned to the court and filed under seal afterthe documents were made

public and the accusations were made against Plaintiff Sanchez. Plaintiff was not allowed an

opportunity to view the defamatory documents that were filed against him. The Court however,sealed all documents away from Plaintiff but not from the public view including the sheriffs, as

these documents were made public from January 15, 2010 to January 27, 2010.

The Superior Court Defendantsdenied plaintiff the right to view the public documents on

several occasions. Further, the Court had an ex parte hearing in which Plaintiff was not allowed to

participate in, view any documents or defend himself against the defamatory accusations.

By these said unlawful denials of Plaintiffs right to have access to the Superior Court of The

State of California County of San Diego North County Division and his right to defend

himself, view court files, Superior Court Defendants refused to file documents, refused to allow

plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his

wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of

liberties and federal protected rights.


VIII.

HARRASMENT


for staff painting inside the building in the waiting area while patients were waiting. Plaintiff

complained about pharmacy prescriptions not being dispensed in a timely manner because the

computers are constantly down. Plaintiff handed the written complaint to Defendant Tiffani Mauro

who is the Director of the San Marcos Office. Plaintiff filed a third complaint in regard to HINI

not being readily available for children and elderly with respiratory problems. Plaintiff has a right

to file a complaint about the standard of care his children were receiving at the North County

Health Services San Marcos office.

Right after Plaintiff filed the current complaints with Defendant Tiffani mauro he received a

letter dated January 15, 2010 signed by Defendant Kevin Ellis via regular mail. Notifying


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Plaintiff that, the North County Health Services can no longer provide services to you. Accusing

Plaintiff of being "rude and threatening to several staff members and it now appears that you are

now inappropriately interested in one or more female staff at North County Health Services.

NCHS Defendants further filed libelous accusations against him in Superior Court.These accusations were made with malice in an attempt to harass and intimidate Plaintiff, his wife

and kids. NCHS Defendants intended to slander Plaintiffs character and reputation within his

community and his church. The actions of North County Health Services Defendants violated

Plaintiffs protected and statutory rights, slandered his reputation, and falsely accused Plaintiff of

inappropriate acts as a result of the complaints he filed against them for the low standard of

medical care.


humiliation, loss of sleep, embarrassment loss of liberties.

Therefore, Plaintiff is asking for compensatory and punitive damages.IX.

VIOLATION OF THE AMERICAN WITH DISABLITY ACT

Title II of the Americans with Disability Act prohibits discrimination in the provision of public

benefits and services. Title II states:

No individual with a disability shall, by any reason of such disability, be excluded

from participation in or be denied the benefits of the services, programs or activities

of a public entity or be subjected to discrimination by any such entity.

the Unruh Civil Rights Act statutes require business establishments to provide full and equal

accommodations, advantages, facilities, privileges, or services.

The Superior Court of The State of California County of San Diego North County

Division is a public agency and conducts business in the state of California.

The North County Health Services is Incorporated as a Private, Non-Profit 501(c)(3)

Corporation. As a Non-Profit Corporation, 86% of NCHS revenues come from federal funding.

Therefore they have a contractual agreement with federal regulatory agencies to adhere to anti-

retaliation, anti-harassment and anti-discrimination laws. In fact their adherence is a condition


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upon receiving the federal funds. Patient dumping by recipients of federal funds is strictly

prohibited.

North County Health Services claims to be, Responding to the need to provide health

services to low-income patients continues to underlie the mission of NCHS: To improve thehealth status of our diverse communities by providing quality healthcare that is comprehensive,

affordable, and culturally and linguistically sensitive. By their discriminatory and retaliatory

actions the North County Health Services Corporation and its agents have violated State and

Federal Laws and their own mission of providing a standard of care, and being culturally and

linguistically sensitive. Furthermore, NCHS and its Defendants have maliciously discriminated

against Plaintiff knowing he is a disabled American within the Meaning of the Americans with

Disability Act and the California Unruh Civil Rights Act .

Further Plaintiff Sanchez children are also disabled within the meaning of the ADA and

Individuals with Disability Education Act IDEA and the California Unruh Civil Rights Act.

Plaintiff and his entire family were patients of North County Health Services for about fifteen

years. When Plaintiff complained about the standard of care and the health and safety violation

agents of the North County Health Services discriminated, retaliated, harassed, and falsely accused

Plaintiff Sanchez of wrongful acts.

Plaintiff Sanchez and his disabled children were denied access to healthcare and denied access

to the courts to rectify the false accusations against him by all named defendants and agencies.

The actions of Superior CourtDefendants violated Plaintiffs protected and statutory rights,

slandered his reputation, and falsely accused him of inappropriate acts; as a result of the

complaints Plaintiff filed against them for the low standard of medical care.

The above Superior Court Defendants violated Plaintiff Sanchez right to defend himself, view

court files, clerks of the court refused to file documents, at times refused to allow plaintiff to enter

the court, mocked and humiliated him in the court even in the courtroom.


humiliation and loss of liberties.



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X.

VIOLATION OF FIRST AMENDMENT RIGHT


for staff painting inside the building in the waiting area while patients were waiting. Plaintiffhanded the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos

Office. Plaintiff filed a second complaint in regard to HINI not being readily available for

children with respiratory problems. Plaintiff filed a third complaint about the need for him fill out

his medication, the computers are constantly down and therefore there is a long delay in getting

prescription timely filed. Plaintiff has a right to file a complaint about the standard of care his

children were receiving at the North County Health Services San Marcos office.

As a result of Plaintiffs exercise of his First Amendment Rights, Defendants of North County

Health Services retaliated against Plaintiff by making false slanderous allegations against him,

Violating his First Amendment Right, slandered Plaintiffs reputation, and falsely accused him of

inappropriate acts; as a result of the complaints he filed against them for the low standard of

medical care. The above named Defendants violated Plaintiff Sanchez right to defend himself,

view court files, clerks of the court refused to file documents, refused to allow plaintiff from

entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his

five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties.

Therefore, Plaintiff is asking for compensation of his damages and financial losses.XI.

COMPLAINT FOR PERMANENT INJUNCTION

Due to Defendants discriminatory, retaliatory and malicious acts of denying Plaintiff access to

the courts. Violating the rights of Plaintiff and other Hispanic and disabled individuals to have

access to the courts. NCHS Defendants actions of dumping Plaintiff and covering up their illegal

actions by falsifying and accusing Plaintiff of unsavory conduct. Through their sham and illegal

conduct the NCHS Defendants have discriminated and violated Plaintiff Constitutional and

statutory rights. Plaintiff is asking that this court prohibit NCHS from dumping patients and

drumming up false accusations against patients to justify their illegal actions and conduct.


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Plaintiff Sanchez lost his right to defend himself, view court files, Superior Court Defendants

refused to file documents, refused to allow plaintiff from entering the court, mocked and

humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous

emotional distress, anxiety, humiliation and loss of Federal and State protected liberties. Plaintiffis asking for a permanent injunction against the Superior Court of The State of California

County of San Diego North County Division and the North County Health Services.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

1. For actual and compensatory damages in an amount to be ascertained according to

proof;

2. For punitive damages in an amount sufficient to punish Defendants and deter others

from conduct.

3. For a permanent injunction.

4. Such and other further relief as this court deems just and proper.

Dated: March 30, 2010

Alejandro Sanchez__________________


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Alejandro Sanchez615 Townsite DriveVista, CA 92084760-681-4109

Plaintiff



Alejandro Sanchez

Plaintiff.

v.

Superior Court of T

Date post:	30-May-2018
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Amended Complaint Against NCHS and Superior Court

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