PLD-PI-001 ,.---------------------------,-------,:c:::-c-:c::-·c-·· "C--c-----, ~~OI<Nl:Y OR PArHY WITHOUT ATTOHNEY (Namr:. State Bar number. and address): FOR COURf us£ ONLY

··Stewart M. Tabak Norah C. Lamond SBN: 88780 266187 TABAK LAW FIRM Law Office of Norah Cadcnas Lamond 250 Dorris Place 120 N. Hunter SL 3rd FL Stockton. CA 95204 Stockton, CA 95202

TELEPHONE NO: (209) 460-0982 FPCKNO.(Op/k>O,I): (209) 939-0982 E-MAIL I-IOO!<lSS (Opi!Oilal):

ATTORNEY FOH rNam(!;: Mandy Eisenbeis, Patricia Towle, Madisun Eisenbeis

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN smEET ADDREss: 222 E. Weber Ave.

MAILING ADor<rss: 222 East Weber Avenue, Room 303 CITYANDZJPcoor:Stockton, CA 95202

BfMNcH NAME: Stockton Courthouse

PLAINTIFF: Mandy Eisei,bcis, Patricia Towle, Madison Eisenbeis, by and through her Guardian ad Litem, Mandy Eisenbeis

DEFENDANT California Transplant Donor Network, County of San Joaquin, Lodi Funeral Home, Inc., and 00 DOES 1 TO 100 ---·--- . ~-=--------- -;,_----;-;:- ---;-:=-- ·---------- ------COMPLAINT -Personal Injury, Property Damage, Wrongful Death

00 AMENDED (Number): SECOND Type (check all that apply): Negligence Per Sc (Muti!ialion of a CJ MOTOR VEHICLE 00 OTHER (specify): corpse); Medical Battery: Fraud:

D Property Damage D Wrongful Death Willful Misconduct; Negligence; D Personal Injury 00 Other Damages (specify): Negligent Jniliclion I

1' ;

Jurisdiction (check all that apply): of Emotional Dislress; Intentional Inflictio_n cAsE NuMBER

;· '-' r,, r , , (.:. ·

, ... \

CJ ACTION IS A LIMITED CIVIL CASE of Emotional Distress; Breach of Contract 39-2012-00277909-cu-po-stk Amount demanded D does not exceed $10,000

D exceeds $10,000, but does not exceed $25,000 00 ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) CJ ACTION IS RECLASSIFIED by this amended complaint

D from limited to unlimited [:=! from unlimited to limited

1. Plaintiff (name or names): Mandy Eiscnbcrs, Patncra Towle, Mad1sun Etscnbcrs, by and through her Guardmn ad Litem

alleges causes of action against defendant (name or names): California Transplant Donor Network, County of San Joaquin,

Lodi Funeral Home, Inc., and Docs 1 to I 00 2. This pleading, including attachments and exhibits. consists of the following number of pages: 16 3. Each plaintiff named above is a competent adult

a. 00 except plaintiff (name): Madisun Eisenbeis (1) c=J a corporation qual'lfied to do business in California (2) D an unincorporated entity (describe): (3) D a public entity (describe): (4) 00 a minor D an adult

(a) [X] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) D other (specify):

(5) D other (specify):

b. D except plaintiff (name): ( 1) c:J a corporation qualified to do business in California (2) CJ an unincorporated entity (describe): (3) D a public entity {describe): (4) D a minor Dan adult

(a) c=:J for whom a guardian or conservator of the estate or a guardian ad !item has been appointed (b) D other (specify).

(5) D other (specify):

c::::J Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Pagll 1 of3

Form Approved for Optional Use Judicial CoLmer! of C01lifornm

PLO-P1-D01 [f~ov Janu:;;r>' ·,. 2007)

COMPLAINT -Personal Injury, Property Damage, Wrongful Death

Pro Doc® Code of Civi! Procedure. § 425.12 Y.WW cowtinfo ca gov

PLD-PI-001

SHORT TITLE: Eisenbeis v. California Transplant Donor Network, ct a!. CASE NUMBER"

39-20 I2-00277909-cu-po·stk

4. [:::J Plaintiff (nama):

is doing business under !he fictitious name (specify):

and has complied with the fictitious business name laws.

5. Each defendant named above is a natural person a. IX] except defendant (name): Califomia Transplant Donor c. [Z] except defendant (name): Locli Funeral !-lome, Inc.

(1) c:J a business organization, form unknown Network (1) c=J a business organization, form unknown (2) 00 a corporation (2) 00 a corporation (3) Dan unincorporated entity (describe): (3) D an unincorporated entity (describe):

(4) [ _ _j a public entity {describe):

(5) D other (specify):

b. [X] except defendant (name): Count~' of San Joaquin

(1) c:J a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe):

(4) 00 a public entity (describe): County

(5) D other (specify):

(4) D a public entity (describe):

(5) D other (specify):

d. D except defendant (name):

(1} c:J a business organization, form unknown

(2) D a corporation (3) D an unincorporated entity (describe):

(4) D a public entity (describe):

(5) D other (specify):

c=J Information about additional defendants who are not natural persons is contained in Attachment 5.

6. The true names of defendants sued as Does are unknown to plaintiff.

a. 00 Doe defendants (specify Doe numbers): I to I 00 were the agents or employees of other named defendants and acted within the scooe of that aaencv or emolovment.

rvrl Each is in some manner responsible for the injuries and damages alleged herein. b. L.L:U uoe oe1enaants (specify uoe numDers): 1 to 1 Vu are persons wnose capac1t1es are unKnown to

plaintiff. Each is in some manner responsible for the injmies and damages alleged herein. 7. C:J Defendants who are joined under Code of Civil Procedure section 382 are (names):

8. This court is the proper court because

a. C1 at least one defendant now resides in its jurisdictional area.

b. c=J the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.

c. [X] injury to person or damage to personal property occurred in its jurisdictional area. d. D other (specify):

9. DC] Plaintiff is required to comply with a claims statute, and a. [Z] has complied with applicable claims statutes, or

b. c:::::J is excused from complying because (specify):

PLD-PI-001 [Rev. January 1, 2007) COMPLAINT-Personallnjury, Property Damage, Wrongful Death

Page 2 of 3

PLD-PI-001 --,-:CC:CAS::CE"CCNUCC::MB-ER----·-----

39-20 12-002 77909-cu-po-stk

10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached}: a. 0 Motor Vehicle b. 00 General Negligence c. 00 Intentional Tart d. 0 Products Liability e. c:=J Premises Liability

f. 00 Other (specify): lntentionallntliction of Emotional Distress: Negligence Per Se (Mutilation of a Corpse); Medical Battery; Fraud; Willful Misconduct: Negligent Infliction of Emotional Distress: Breach of Contract

11. Plaintiff has suffered a. 0 wage loss b. 0 loss of use of property c. [X] hospital and medical expenses

d. 00 general damage e. 0 property damage f. c::::J loss of earning capacity g. 00 other damage (specify): Severe and permanent infliction of emotional distress and mental anguish.

12. D The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. ' listed in Attachment 12.

b. 0 as follows:

13. Tile relief sought in this complaint is within the jurisdiction of this court.

14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for

a. ( 1) 00 compensatory damages (2) 00 punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):

(1) 00 according to proof (2) 0 in the amount of: $

For prejudgment interest and other interest pursunnt to law. 15. 00 The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): All

paragraphs herein arc based upon information and belief

Date: March ? 1. 2012

Slt-~war! M Tabak Norah C f amond (TYPE OR PRINT NAME)

PLD-PJ-{}01 [Rev. Janu<>ry 1, 2007] COMPLAINT -Personal! . , Property Damage, Wrongful Death

Page 3 of 3

One CAUSE OF ACTION-General Negligence Page :1._ __ _

(number)

ATTACHMENT TO 00 Complaint 0 Cross- Complaint

(Use a separate cause of action form tor each cause of action)

GN-1. Plaintiff (name): Mandy Eisenbeis, Patricia Towle, Madisun Eisenbeis, by and through her Guardian ad Litem, Mandy Eisenbeis alleges that defendant (name): Califomia Transplant Donor Network, Lodi Funeral !-lome, Inc., and

00 Does to 100

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): or about May I, 20 ll

at (place): San Joaquin County, California

(description of reasons for liability):

1. On or about May 1, 2011, Califomia Transplant Donor Network repeatedly contacted plaintiffs following the death of plaintifl's' decedent, George Eisenbeis, on April 30, 2011. Such repeated contacts were for the purpose of inducing and/or coercing plaintiffs to donate all, or portions of, Mr. Eisenbeis' remains to defendant Califomia Transplant Donor Network. Plaintiffs gave conditional consent to perform one specific type of procedure, specifically: a limited donation of p01tions of Mr. Eisenbeis' remains. Such specific consent was conditioned upon defendant's representation that decedent's remains \VOldd be restored with dignity and respect in accordance with the famil;/s express intentions for a viewing at the funeral.

2. Defendants, and each of them, did undertake to properly and respectfully restore Mr. Eisenbeis' remains in accordance with plaintiffs1 express consent and pursuant to the aforementioned agreement.

3. Prior to, subsequent to and including May 1, 2011, defendants, and each of them, were negligent and careless and otherwise wrongful in and about the custody, care and restoration of the body of plaintiffs' decedent.

4. By reason of the aforementioned negligence and carelessness of the defendants, and each of them, plaintiffs have suffered, and continue to suffer, such injuries and damages as herein alleged.

Forrn Appro· .. eo for Option:ll Use Jt1dK:t1ll COUIICil of Calrlorr11a

PLD-Pl-Q01{2j {R~;v. J<Jrruary I, 2007!

CAUSE OF ACTION-General Negligence Pro Doc®

Page 1 011

Code of Crvrl Procedure 425.12 WI'<W.COUf(tilfO.C;J.!)OV

-SH_O_R_T -TiTL_E_:_l_"li-sc-'nl;eis v. California Transplant DonorN-et_"_'OJ_k_, c_t_a_I. ____ _L_c_As_c_N_'u-MB_c_" ___ ·_·· _--~--. PW"'"] '1\vo ~"'---;::c:==-·------­(number)

CAUSE OF ACTION-General Negligence Page i__ __ _

ATTACHMENT TO [ZJ Complaint 0 Cross · Complaint

(Use a separate cause of action form for each cause of action.)

GN-1. Plaintiff (name): Mandy Eisenbeis

alleges that defendant (name): County of San Joaquin and

00 Does to .uH""lO'-----

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): or about May I, 20 II

at (place): San Joaquin County, California

{description of reasons tor liability): I. Plaintiff incorporates herein by reference the entire First Cause of Action as though set forth herein in full:

2. On or about May 1, 2011, California Transplant Donor Network repeatedly contacted plaintiff following the death of plaintiffs decedent, George Eisenbeis, on April 30, 2011. Such repeated contacts were for the purpose of inducing and/or coercing plaintiffs to donate ail, or portions of, Mr. Eisenbeis' remains to defendant California Transplant Donor Network. Plaintiff gave conditional consent to perform one specific type of procedure, specifically: a limited donation of portions of Mr. Eisenbeis' remains. Such specific consent was conditioned upon defendant's representation that decedent's remains would be restored with dignity and respect in accordance with the family's express intentions for a viewing at the funeraL

3. Defendants, and each of them, did undertake to properly and respectfully restore Mr. Eisenbeis' remains in accordance with plaintiffs 1 express consent and pursuant to the aforementioned agreement.

4. Prior to, subsequent to and including May I, 20 II, defendants, and each of them, were neglrgcnt and careless and othenvise wrongful in and about the custody, care and restoration of the body of plaintiffs decedent

5. By virtue of its legal responsibility to do so, defendant COUNTY OF SAN JOAQUIN (through its designated agents and/or employees) undertook to perform an autopsy and to conduct an appropriate post­mortem examination of plaintiffs decedent. Defendant COUNTY failed to conduct such procedures and examination in an appropriate and/or acceptable manner, and caused plaintiffs dccedent1

S remains to be left in a condition which rendered decedent's body to be incapable of proper embalming and preparation for viewing.

6. By reason of the aforementioned negligence and carelessness of the defendants, and each of them, plaintiff has suffered, and continues to suffer, such injuries and damages as herein alleged.

Form Approved lor Opliorral Use Jud>eral Councrl of Cal~orma

PLD·Pl-001 {?.\ !Rev. Jilttu;Hy 1, 2007]

CAUSE OF ACTION-General Negligence Pro Doc® Page 1 oil

Gocle ol Civil Proced\sre 425.12 www.courlilt(o.e<J.gO>'

Three CAUSE OF ACTION-rXXXXXXXXX?SX?SXXXXXX Page 6 "----

(number) (Negligent Infliction of Emotional Distress)

ATTACHMENT TO [X] Complaint D Cross- Complaint

(Use a separate cause of action form for each cause of acUon.)

GN-i. Plaintiff (name}: Mandy Eisenbeis, Patricia Towle, Madisun Eisenbeis, by and through her Guardian ad Litem, Mandy Eisenbeis

alleges that defendant (name}: California Transplant Donor Network, Lodi Funeral Home, Inc., and

00 Does to 100

was the legal (prox'rmate) cause of damages to pla'rntiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date}: or about May L 20 II

at (place}: San Joaquin County, California

{description of reasons for liability}: I. Plaintiffs incorporate herein by reference the entire First and Second Causes of Action as though set forth herein in full;

2. On or about May I, 2011, plaintiffs Mandy Eisenbeis and/or Patricia Towle consented to partial donation of Mr. Eisenbeis~ remains for usc in transplant and/or research. Such consent was based on the promises made by the defendants, and each of them, that defendants would restore Mr. Eisenbeis' body m compliance with tl1e family's express intention to have viewing at the time of the funeral services for Mr. Eisenbeis;

3. Defendants, and each of them, assumed a duty to the plaintiffs arising out of the special relationship created by the parties herein. Such relationship obligated defendants to treat plaintiffs and plaintiffs' decedent in a dignified and respectful manner:

4. Defendants, and each of them~ were negligent and careless and othenvisc wrongful in and about the custody, care and restoration of the body of plaintiffs' decedent;

5. As a legal result of the negligence and carelessness of the defendants, and each of them, plaintiffs have suffered, and continue to suffer, serious emotional distress and mental anguish.

Form Approve{! tor Optional Use JudiCial counc•! o! Calrtomm

PLD·P!·OOI (2) !Rev. January 1, 2007)

CAUSE OF ACTION-General Negligence Pro Doc® Page 1 ol1

Cu(fe of C•vill'rocedure 425.12 1\W>V.COUI/infO.Cil.f}OV

PLD-PJ-001 (2)

SHORT TITLE:~E-is-cn-b-cis v. Califomia 'Iransplant Donor Network,-~;-;;r---~- I cAsE NUMBER-. ~--~~-··· --~J

Fourth ·-------- CAUSE OF ACTION-XXXXXXXXXJSX:JSXXXXXX Page 7 (number) Negligent Infliction of Emotional Distress '-~~-

ATTACHMENT TO [X] Complaint 0 Cross· Complaint

(Use a separate cause of action form tor each cause of action.)

GN-1. Plaintiff (name): Mandy Eisenbeis

alleges that defendant (name): County of San Joaquin and

00 Does to JCI OwOL...~~-

was the legal (proximate) cause of damages to plaintiH. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): or about May J, 2011

at (place): San Joaquin County, Califomia

(description of reasons for liability):

1. Plaintiff incorporates herein by reference the entire First, Second and Third Causes of Action as though set forth herein in full;

2. On or about May 1, 20 II, plaintiff Mandy Eisenbeis consented to partial donation of Mr. Eisenbeis' remains for usc in transplant and/or research. Such consent was based on the promises made by the defendants, and each of them, that defendants would restore Mr. Eisenbeis' body in compliance with the family's express intention to have viewing at the time of the funeral services for Mr. Eisenbeis;

3. Defendants, and each of them, assumed a duty to the plaintiff arising out of the special relationship created by the parties herein. Such relationship obligated defendants to treat plaintiff and plaintiff's decedent in a dignified and rcspectfirl manner;

4. Defendants, and each of them, were negligent and careless and otherwise wrongful in and about the custody, care and restoration of the body of plaintiff's decedent.

5. By virtue of its legal responsibility to do so, defendant COUNTY OF SAN JOAQUIN (through its designated agents and/or employees) undertook to perfonn an autopsy and to conduct an appropriate post­mortem examination of plaintiff's decedent. Defendant COUNTY failed to conduct such procedures and examination in an appropriate and/or acceptable manner, and caused plaintiffs decedcnt1

S remains to be left in a condition which rendered decedent's body to be incapable of proper embalming and preparation for viewing.

6. As a legal result of the negligence and carelessness of the defendants, and each of them, plaintiff has suffered, and continue to suffer, serious emotional distress and mental anguish.

Form Approved for Optronal Use Ju01CI8.1 Councrl ol Calrlorflla

PLD·PI-001(2) jl';ev. January 1, 20071 CAUSE OF ACTION-General Negligence Pro Doc®

Page i o11 Code ol c;vrl Proa;!dure 425.12

W>'IW.cow(irdu.ca.gov

PLD-PI-001 (3)

SHORT TITLE: Eisenbeis v. California 'T'ransplant Donor Network, ct al. CASE NUMBER J -------·----~------ ______________ L,_39:~~~--0-0-27_7_9(-l9-ct~~'_o-st_k ____ _

five CAUSE OF ACTION-Intentional Tort Page {number) (Intentional Infliction of Emotional Distress)

ATTACHMENT TO 00 Complaint D Cross - Complaint

(Use a separate cause of action form for each cause of action.}

IT-t. Plaintiff (name): Mandy Eisenbeis, Patricia Towle, Madisun Eisenbeis, by and through her Guardian ad Litem, Mandv Eisenbeis

alleges that defendant (name): California Transplant Donor Network and

00 Does to ]00

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally caused the damage to plaintiff on (date): or about May I, 20!1 at (place): San Joaquin County, California

(description of reasons tor liability):

I. Plaintiffs incorporate herein by reference the entire first, Second, Third and Fourth Causes of Action as though set forth herein in full;

2. Plaintiffs' decedent, George Eisenbeis, passed away on April 30, 20 II;

3. On or about May I, 2011, plaintiffs Mandy Eisenbeis and/or Patricia Towle consented to partial donation of Mr. Eisenbeis' remains for usc in transplant and/or research. Such consent was based on the promises made by the defendants, and each of them, that defendants would restore Mr. Eisenbeis' body in compliance with the family's express intention to have viewing at the funeral tor decedent Plaintiffs consented to limited donation of portions of Mr. Eisenbeis' corpse, and relied on the assurances of the defendants that Mr. Eisenbeis' body would be restored in order to allow plaintiff.'> to have an appropriate and dignified funeral service;

4. Defendants, and each of them, assumed a duty to the plaintiffs arising out of the special relationship created by the parties herein by virtue of which an affirmative duty arose to avoid harm to the plaintiffs herein. Such relationship obligating defendants to treat plaintiffs and plaintiffs' decedent in a dignified and respectful manner;

5. Defendants, and each of them, intentionally, and with reckless disregard of the probability of causing plaintiffs emotional distress, engaged in outrageous conduct which the defendants knew or should have known would cause severe mental anguish and emotional distress to the vulnerable, bereaved plaintiffs.

form Approved lot Opt•onal Use J~tficial Counc.: of Califomia

PLD-PI-OO!i3) !Rev. Ji!IHmry 1, ?007)

CAUSE OF ACTION-Intentional Tort Pro Doc"'

Page 1 of 1

Code of Civ11 Procedure,§ 425.12 wo~w.cowtinfo.ca.gov

·······-·····-·--·~~

SHORT TITLE: Eisenbeis v. California Transplant Donor Network. ct al.

Six (number)

CAUSE OF ACTION-)()(X)(X)( Neclliqence (Negligence Per Sc)

Page c.9 ___ _

ATTACHMENT TO [][] Complaint D Cross· Complaint

(Use a separate cause of action form tor each cause of action.)

GN·i. Plaintiff (name): Mandy Eisenbeis, Patricia Towle, Madisun Eisenbeis, by and through her Guardian ad Litem

alleges that defendant (name): California Transplant Donor Network, Lodi Funeral Home, Inc., and

00 Does to 100

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): or about May I, 20 II

at (place): San Joaquin County, California

(description of reasons for liability): I. Plaintiffs incorporate herein by reference the entire First, Second, Third, Fourth and Fifth Causes of Action as though set forth herein in full;

2. PlaintiffS herein allege that the violation of statutes, ordinances and/or regulations (including, but not necessarily limited to, Health & Safety Code sections 7052 and 7150 65) render the defendants, and each of them, negligent per se:

3. As a result of the wrongful conduct of the defendants, and each of them, including but not limited to the mutilation of plaintiffs' decedent's corpse, plaintiffs have suffered, and will continue to suffer, such i1~uries and damages as herein alleged.

Forrn 1\pprov(ld lor Optional Use ,Juchcial Gourrc•! of Cahlorma

PLD·Pl-00!(2) (Hev. Jar1uary 1. 20071

CAUSE OF ACTION-General Negligence Pro Doc®

Page 1 ol 1 Code o! C1v11 Procedure 425.12

W\VW. I::C(JI/11/(0.~"il.gOV

California Transplant Donor Network, ct a!.

Seven CAUSE OF ACTION-General Negligence Page .c:Hc_l __ _ (number)

ATTACHMENT TO [X] Complaint 0 Cross· Complaint

(Use a separate cause of action form tor each cause of acUon.)

GN·t. Plaintiff (name): Mandy Eisenbeis

alleges that defendant (name): County of San Joaquin and

00 Does to .1:l OwO'----

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): or about May I, 2011

at (place): San Joaquin County, California

{description of reasons for liability): I. Plaintiff incorporates herein by reference the entire First, Second, Third, Fourth, Fifth and Sixth Causes of Action as though set forth herein in full;

2. Plaintiff herein alleges that the violation of statutes, ordinances and/or regulations (including, but not necessarily limited to, Health & Safety Code sections 7052 and 7150.65) render the defendants, and each of them, negligent per sc.

3. By virtue of its legal responsibility to do so, defendant COUNTY OF SAN JOAQUIN (through its designated agents and/or employees) undertook to perfonn an autopsy and to conduct an appropriate post­mortem examination of plaintiffs decedent. Defendant COUNTY failed to conduct such procedures and examination in an appropriate and/or acceptable manner, and caused plaintiffs decedent's remains to be left in a condition which rendered decedent's body to be incapable of proper embalming and preparation for vic\ving.

4. As a result of the wrongful conduct of the defendants, and each of them, including but not limited to the mutilation of plaintiffs decedent's corpse, plaintiff has suffered, and will continue to sufter, such injuries and damages as herein alleged.

Fo:m Approved for Op!ional Use Judrcral Gouncrl o! Calrlorma

PLD-PI-001 (2) jRev. January I, 2007]

CAUSE OF ACTION-General Negligence ProDoc®

Page i of 1

GMe of Cwrl Procedure 425.12 Wt'.IW.COIJlllii(O.C.:il.gOv

PL D-PI-001 (3)

SHORT TITLE: Eisenbeis v. Caldornia Transplant Donor Network, eta!. CASE NUMBER

. ' (number)

CAUSE OF ACTION-xxxxxxxxxxxxxxxxx Page (Medical Battery)

ATTACHMENT TO 00 Complaint D Cross - Complaint

(Use a separate cause of action form for each cause of action)

!T-1. Plaintiff (name): Mandy Eisenbeis, Patricia Towle, Madisun Eisenbeis, by :md through her Guardian ad Litem

alleges that defendant (name): Califomia Transplant Donor Network, and

[][) Does L ___ _ to .1.l 0"'0"-----

was the legal (proximate) cause of damages to plaintiff. By the following acts or omlss·lons to act, defendant intentionally caused the damage to plaintiff on (date): or about May I, 20 II at (place): San Joaquin County, California

(description of reasons for liability): I. Plaintiffs incorporate herein by reference the entire First, Second, Third, FoUith, Fifth, Sixth and Seventh Causes of Action as though set forth herein in full;

2. On or about May L 201 I, plaintiffs Mandy Eisenbeis and/or Patricia Towle gave conditional consent to defendants for a limited recovery to be perfom1cd on Mr. Eisenbeis' body. Plaintiffs' conditional consent specifically limited the recovery to be perfonncd by defendants such that defendants were never given consent to perform any type of procedure which would conflict with plaintiffs' express intent to have decedent's body viewed at the time of funeral services.

3. Defendants, and each of them, knew of the aforementioned conditions but deliberately, intentionally and willfully deviated from the consent given. While plaintiffs gave consent for a limited procedure to be perfonncd, defendants, and each of them, intentionally deviated from the procedure for which consent was given; the procedure performed by defendants was substantially different from that for which plaintiffs had provided consent.

4. The violation and deviation of the defendants, and each of them, of the consent given by plaintiffs caused plaintiffs to suffer injuries and damages as herein alleged.

form Approved for ()p!ron<JI Use Jvd1cial Council of Califorr11a

PLI).p).00fi3) {Rev. Jilnu1Hy 1, 2007!

CAUSE OF ACTION-Intentional Tort Pro Doc"

Page 1 of 1

Code of Crvil Procedure.§ 425.12 \~ww.wurtmfo.ca.gov

---------------SHORT TITLE Eisenbeis v. California Transplant Donor Network, ct a!.

CASE NUMGCR ______ P_L_D_-_C_·0_0_1](3)

39-20 12-002 77909-cu-po-stk

CAUSE OF ACTION-Fraud (number)

ATTACHMENT TO 00 Complaint 0 Cross-Complaint

(Use a separate cause of action form for each cause of action.)

FR- 1. Plaintiff (name): Mandy Eisenbeis, Patricia Towle, Madisun Eisenbeis, by and throngh her Guardian ad Litem

alleges that defendant (name): California Transplant Donor Network and Docs I to I 00

on or about (dale): MayL2011 defrauded plaintiff as follows:

FR-2. CZJ Intentional or Negligent Misrepresentation a. Defendant made representations of materia! fact c=J as stated in Attachment FR-2.a [X] as follows:

Plaintiffs incorporate herein by reference the entire First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Causes of Action as though set forth herein in full. Defendants, and each of them, through their agents/employees, represented to plaintiffs and made promises that limited harvesting and/or recovery from dccedent1

S remains would be obtained in accordance with plaintiffs' instmctions and conditions. In addition, defendants, and each of them, represented to plaintiffs that they would properly and respectfully restore decedent's remains in accordance with the express intent of the plaintiffs.

b. These representations were in fact false. The truth was D as stated in Attachment FR-2.b 00 as follows: The promises, representations and suggestions made by the defendants were known to be false when made. The representations and snggestions made by the defendants, and each of them, were made for the purposes of inducing plaintiffs to allow defendants to obtain full or partial harvesting and/or

recovery from decedent1S remains. Such promises were important to the transaction, insofar as

plaintiffs relied upon such promises and representations when consenting to limited harvesting and/or recovery from decedent1s remains conditioned on viewing as referred to herein.

c. When defendant made the representations, [X] defendant knew they were false, or IX ] defendant had no reasonable ground for believing the representations were true.

d. Defendant made the representations with the intent to defraud and induce plaintiff to act as described in item FIR-5. At the time plaintiff acted, plaintiff did not know the representations were false and believed they were true. Plaintiff acted in justifiable reliance upon the truth of the representations.

FR-3. 00 Concealment a. Defendant concealed or suppressed material facts c::J as stated in Attachment FR-3.a [X] as follows:

Defendants, and each of them, did not perform the promised acts and did not reveal their intention not to perform .as promised, knowing that the plaintiffs were relying upon dcfcndants1 promises. Based upon such reliance, plaintiffs agreed to the aforementioned pm1ial harvesting and/or recovery from decedent's remains.

b. Defendant concealed or suppressed material facts [X] defendant was bound to disclose.

CXJ by telling plaintiff other facts to mislead plaintiff and prevent plaintiff from discovering the concealed or suppressed facts.

c. Defendant con('...ealed or suppressed these facts with the intent to defraud and induce plaintiff to act as described in item IFJR-5. At the time plaintiff acted, plaintiff was unaware of the concealed or suppressed facts and would not have taken the action if plaintiff had known the facts.

Page --'-"'---

Form Approved for Optional Use Judk:ial Council of California

PLlJ-<AJOlt3) {f~ev. January 1. 2007) CAUSE OF ACTION-Fraud Pro Doc®

Page1 of2

Codo:; of Civil Procedure. § 425.12 wv.-w wurtinfo.ca gov

PLD-C-001 (3) -TeASE NUM8r;R, -------··--]

SHORT TITLE: Eisenbeis v. California Transplant Donor Network. ct al. 1

----···· ---·--··--·· _______ _,1_39-20 12-00277909-cu:~~-stk ___j

CAUSE OF ACTION-Fraud (number)

FR-4. 00 Promise Without Intent to Peoiorm a. Defendant made a promise about a material matter without any intention of performing it CJ as stated

in Attachment FR-4.a [X] as follows:

b. Defendant's promise without any intention of performance was made with the intent to defraud and induce plaintiff to rely upon it and to act as described in item FR-5. At the time plaintiff acted, plaintiff was unaware of defendant's intention not to perform the promise. Plaintiff acted in justifiable reliance upon the promise.

FR-5. In justifiable reliance upon defendant's conduct, plaintiff was induced to act D as stated in Attachment FR-5 00 as follows: The promises, representations and suggestions made by the defendants were known to be false

when made. The representations and suggestions made by the defendants, and each of them, were made for the purposes of inducing plaintiffs to allow defendants to obtain full or partial harvesting and/or recovery from decedenfs remains. Such promises were important to the transaction, insofar as plaintiffs relied upon such promises and representations when consenting to limited/partial harvesting and/or recovery from decedenfs remains.

FR-6. Because of plaintiffs reliance upon defendant's conduct, plaintiff has been damaged as stated in Attachment FR- 6 [X] as follows: Plaintiffs have suffered, and continue to suffer, such injuries and damages as herein alleged. Such damages arc the legal result of the failure of defendants, and each of them, to properly and adequately perform restoration of Mr. Eiscnbcis 1 body as promised so as to allow plaintiffs to have an appropriate and dignified funeral service.

FIR· 7. Other:

Page

PLD-C.(}(}1(3) (Rev. January 1, 2007 CAUSE OF ACTION-Fraud Page2 of 2

PLD-PI-001 (3)

SHORT TITLE: Eisenbeis v. California Transplant Donor Network CASE NUMBER

(number)

CAUSE OF ACTION-Intentional Tort (Willful Misconduct)

ATTACHMENT TO LXJ Complaint D Cross - Complaint

(Use a separate cause of action form tor each cause of action.)

Page

IT-1. Plaintiff (name): Mandy Eisenbeis, Patricia Towle, Madisun Eisenbeis, by and through her Guardian ad Litem

alleges that defendant (name): California Transplant Donor Network and

00 Does to J..l!"')Q.,_ __ _

was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant intentionally caused the damage to plaintiff on (date): or about May I, 201 I at (place): San Joaquin County, California

(description of reasons for liability):

I. Plaintiffs incOJvorate herein by reference the entire First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Causes of Action as though set f01th herein in full.

2. Defendants knew, or should have known, the harm that would be caused to plaintiffs by the actions of defendants, and each of them, in the mishandling and mutilation of the remains of plaintiffs' decedent.

3. Defendants, and each of them, knew or should have known that plaintiffs' injuries and damages would be the probable result of the peril posed by defendant's failure to comply with the statutes, ordinances and/or regulations asserted herein, and defendant's failure to adhere to the express limited consent given by the plaintiffs herein for the specific procedure identified herein.

4. Defendants consciously failed to prevent such injuries and damages, and indeed willfully and intentionally performed procedures for which consent had not been given.

5. The various breaches by California Transplant Donor Network were deliberate and intentional and were in reckless disregard of the probability that severe emotional injury to the plaintiffs would result from defendant's failure to carefully adhere to their duties. As a result thereof, plaintiffs have suffered injuries and damages as herein alleged.

forrn Approved for OpMnal Use JudEcial Councrl ol Galilomia

PLD·rl-001(3) [Rev. January I, 200/)

CAUSE OF ACTION-Intentional Tort Pro Doc®

Page 1 o11

Code of Civil Proce..1ure. § 425.!2 www.courtinfo.c.1.gov

SHORT TITI.E: Eisenbeis v. California Transi)iant Donor Network. ct al. CASE NUMBER:

PLD-C-001 (1)

39-20 12-00277909-cu-po-stk

Flevcn CAUSE OF ACTION-Breach of Contract (number)

ATTACHMENT TO 00 Complaint D Cross- Complaint

(Use a separate cause of action form for each cause of action)

BC-1. Plaintiff (name): Mandy Eiseubeis, Patricia Towle, Madison Eisenbeis, by and through her Guardian ad Litem

alleges that on or about (date): May I, 20 II

a 00 written D oral D other (specify):

agreement was made between (name parties to agreement): California Transplant Donor Network and Does I to I 00

D A copy of the agreement is attached as Exhibit A, or 00 The essential terms of the agreement D are stated in Attachment BC-1 00 are as follows (specify):

Plaintiffs Mandy Eisenbeis and/or Patricia Towle gave conditional consent to defendants for a limited harvesting and/or recovery to be performed on Mr. Eisenbeis' body. Plaintiffs' conditional consent specifically limited the harvesting and/or recovery to be performed by defendants such that defendants were never given consent to perform any type of procedure which would contlict with plaintiffs' express intent to have decedent's body viewed at the time of funeral services.

BC-2. On or about (dates): May I, 20 II defendant breached the agreement by D the acts specified in Attachment BC-2 00 the following acts (specify): Defendants knew of the aforementioned conditions but deliberately, intentionally and

willfully deviated from the consent given. While plaintiffs gave consent for a limited procedure to be performed, defendants intentionally deviated from such procednre and thereby breached the agreement between the parties to restore plaintiffs' decedent's body so as to allow plaintiffs to have an appropriate and dignified funeral service.

BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing.

BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach ot the agreement D as stated in Attachment BC-4 00 as follows (specify): As a result of the breaches by defendants,

plaintiffs have suffered and \vill continue to suffer severe mental anguish and emotional distress.

BC-5. [X] Plaintiff is entitled to attorney fees by an agreement or a statute

D of$ [X] according to proof.

BC-6. 00 Other: Punitive damages.

Form Approved for Optional Use JU<Jicial Council of California

Pt 0-C-001{1) (Rev. JHilU<HY 1. 200/j

CAUSE OF ACTION-Breach of Contract ProDoc®

Page ~s ___ _ Pag£11 ?._!..:!_

Code ofCiv<l Procedure,§ 425.12 v.ww courtinfo Cfi gov

c:OFlT.TITLE: Eisenbeis v. California Transplant Donor Network, ct a!. PLD-PI-001 (6)

CASr: \U'I.BEfi

39-20 12-00277909-cu-po-stk

Exemplary Damages Attachment Page - ... -.1.6 __ _

ATTACHMENT TO [X] Complaint 0 Cross- Complaint

EX-1. As additional damages against defendant (name): Califomia Transplant Donor Network

Plaintiff alleges defendant was guilty of [X] malice [X] fraud [X] oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to pun'rsh defendant.

EX-2. The facts supporting plaintiff's claim are as follows: Plaintim incorporate herein by reference the entire First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eight Causes of Action as though set forth herein in full.

Defendant California Transplant Donor Network engaged in the herein referenced conduct with malice, oppression, or fraud, such that punitive damages arc warranted.

EX-3. The amount of exemplary damages sought is a. [}0 not shown, pursuant to Code of Civil Procedure section 425.10.

b D $

Forrn Approved (or Optional Use JutJicial Co~mc1! o! Cali!omia

Pl.D·PI-001(6) [Rev. Jar1uary 1. 2007) Exemplary Damages Attachment ProDoc®

Pagl! 1 of1

Code of Civil Procedure,§ 425.12 IVWIV.courtrnto.m.gov