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PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Monrae L. English, Esq.(SBN 237163)
WILD,CARTER & TIPTON, APC
246 West Shaw Avenue
Fresno, California 93704
TELEPHONE NO.: (559)224-2131 FAX NO.(Optional): (559)229-7295
E-MAIL ADDRESS (Optional): menglish@wctlaw.com
ATTORNEY FOR (Name): Plaintiff, Samantha Barron
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS: 1130 "O" Street
MAILING ADDRESS: 1130 "O" Street
CITY AND ZIP CODE: Fresno, California 93721
BRANCH NAME: B.F. Sisk Courthouse - Civil Division
PLAINTIFF: SAMANTHA BARRON
DEFENDANT: ATHENIX BODY SCULPTING INSTITUTE; ATHENIX PHYSICIANS GROUP; E-FILED
KEVIN CIRESI M.D.; ANDRE MARSHALL M.D. 9/30/2020 3:05 PM
DOES 1 TO 1-20 Superior Court of California
COMPLAINT-Personal Injury, Property Damage, Wrongful Death County of Fresno
AMENDED (Number): By: J. Nelson, Deputy
Type (check all that apply):
MOTOR VEHICLE OTHER (specify): Medical Malpractice
Property Damage Wrongful Death
Personal Injury Other Damages (specify): Exemplary
Jurisdiction (check all that apply): CASE NUMBER:
ACTION IS A LIMITED CIVIL CASE
Amount demanded does not exceed $10,000
20CECG02887
exceeds $10,000, but does not exceed $25,000
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
ACTION IS RECLASSIFIED by this amended complaint
from limited to unlimited
from unlimited to limited
1. Plaintiff (name or names): SAMANTHA BARRON
alleges causes of action against defendant (name or names): ATHENIX BODY SCULPTING INSTITUTE; ATHENIX PHYSICIANS GROUP;
KEVIN CIRESI M.D.; ANDRE MARSHALL M.D.
2. This pleading, including attachments and exhibits, consists of the following number of pages:
3. Each plaintiff named above is a competent adult
a. except plaintiff (name):
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) a minor an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) other (specify):
(5) other (specify):
b. except plaintiff (name):
(1) a corporation qualified to do business in California
(2) an unincorporated entity (describe):
(3) a public entity (describe):
(4) a minor an adult
(a) for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) other (specify):
(5) other (specify):
Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
COMPLAINT-Personal Injury, Property Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
BARRON V. ATHENIX
4. Plaintiff (name):
is doing business under the fictitious name (specify):
and has complied with the fictitious business name laws.
5. Each defendant named above is a natural person
a. except defendant (name): c. except defendant (name):
ATHENIX BODY SCULPTING INSTITUTE
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
b. except defendant (name):
ATHENIX PHYSICIANS GROUP
d. except defendant (name):
(1) a business organization, form unknown (1) a business organization, form unknown
(2) a corporation (2) a corporation
(3) an unincorporated entity (describe): (3) an unincorporated entity (describe):
(4) a public entity (describe): (4) a public entity (describe):
(5) other (specify): (5) other (specify):
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. Doe defendants (specify Doe numbers): 1-10 were the agents or employees of other
named defendants and acted within the scope of that agency or employment.
b. Doe defendants (specify Doe numbers): 11-20 are persons whose capacities are unknown to
plaintiff.
7. Defendants who are joined under Code of Civil Procedure section 382 are (names):
8. This court is the proper court because
a. at least one defendant now resides in its jurisdictional area.
b. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
c. injury to person or damage to personal property occurred in its jurisdictional area.
d. other (specify):
9. Plaintiff is required to comply with a claims statute, and
a. has complied with applicable claims statutes, or
b. is excused from complying because (specify):
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 2 of 3
Damage, Wrongful Death
PLD-PI-001
SHORT TITLE: CASE NUMBER:
BARRON V. ATHENIX
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. Motor Vehicle
b. General Negligence
c. Intentional Tort
d. Products Liability
e. Premises Liability
f. Other (specify) : Fraud
11. Plaintiff has suffered
a. wage loss
b. loss of use of property
c. hospital and medical expenses
d. general damage
e. property damage
f. loss of earning capacity
g. other damage (specify) :
12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are
a. listed in Attachment 12.
b. as follows:
13. The 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) compensatory damages
(2) punitive damages
The amount of damages is (in cases for personal injury or wrongful death, you must check (1)):
(1) according to proof
(2) in the amount of: $
15. The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers):
Checked paragraphs 1-14 (Medical Malpractice), Intentional Tort and Fraud Causes of Action
Date: 09/30/20
Monrae L. English
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
PLD-PI-001(2)
SHORT TITLE: CASE NUMBER:
BARRON V. ATHENIX
First CAUSE OF ACTION- General Negligence Page 4
(number)
ATTACHMENT TO Complaint Cross-Complaint
(Use a separate cause of action form for each cause of action.)
GN-1. Plaintiff (name) : SAMANTHA BARRON
alleges that defendant (name) : ATHENIX BODY SCULPTING INSTITUTE; ATHENIX PHYSICIANS GROUP;
KEVIN CIRESI M.D.; ANDRE MARSHALL M.D.
1 20
Does to
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): JUNE 30, 2016 through October 18, 2019
at (place): Athenix Body Sculpting Institute, Fresno, California
(description of reasons for liability) :
I. That from June 30, 2016 through October 19, 2019 and at all times thereafter, Plaintiff consulted with
Defendants, and each of them for the purpose of obtaining a diagnosis and treatment of an injury,
condition and illness, and employed said Defendants, and each of them, to care for and treat Plaintiff,
and to do those things necessary and proper in said care and treatment. That said Defendants, and
each of them, undertook said employment and agreed to do all things reasonable, proper and
necessary in connection therewith, and said Defendants, and each of them, thereafter entered into
suich employment, individually, and by and through their employers, employees and agents.
II. That at all times mentioned herein, Defendants and each of them, failed to use the
reasonable care or skill common to medical practictioners in the community and further
failed to use reasonable care in the diagnoses and treatment of said condition, illness or
injury, and at all times, each of said Defendants was acting as the agent of each other
Defendant
III. That at all times mentioned herein, Defendants and each of them, failed to use the
reasonable care or skill common to medical practictioners in the community and further
failed to use reasonable care in the diagnoses and treatment of said condition, illness or
injury, and at all times, each of said Defendants was acting as the agent of each other
Defendant
IV. Pursuant to said agreement and from June 30, 2016 through October 18, 2019 Plaintiff
was examined and underwent cosmetic abdomnioplasty and breast augmentation and
other diagnostic and therapeutic procedures, and thereafter, continued to be treated and
cared for by Defendants, and each of them.
V. Plaintiff only became aware of the acts of malpractice on or around September 11, 2020
Page 1 of 1
Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12
Judicial Council of California www.courtinfo.ca.gov
PLD-PI-001(2) [Rev. January 1, 2007]
PLD-C-001(3)
SHORT TITLE: CASE NUMBER:
BARRON V. ATHENIX
Second CAUSE OF ACTION-Fraud
(number)
ATTACHMENT TO Complaint Cross-Complaint
(Use a separate cause of action form for each cause of action.)
SAMANTHA BARRON
FR-1. Plaintiff (name):
alleges that defendant (name): ATHENIX BODY SCULPTING INSTITUTE; ATHENIX PHYSICIANS GROUP;
KEVIN CIRESI M.D. ANDRE MARSHALL M.D.
on or about (date): 6/30/2016 through 10/18/2019 defrauded plaintiff as follows:
FR-2. Intentional or Negligent Misrepresentation
a. Defendant made representations of material fact as stated in Attachment FR-2.a as follows:
I. That they were competent to perform the repeated breast and other surgeries; that Plaintiff would
have a cosmetically pleasing result from those surgeries; and that the repeated breast surgeries were
performed compentently by competent practitioners.
II. Defendants, and each of them, represented to Plaintiff after her breast augmentation that Defendants
had made a unilateral decision during the surgery while Plaintiff was unconscious to change the size of
the breast implants to a much larger size and that Defendants, and each of them thought this would
be a good result for Plaintiff.
b. These representations were in fact false. The truth was as stated in Attachment FR-2.b as follows:
Please see Attachment
c. When defendant made the representations,
defendant knew they were false, or
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
FR-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. Concealment
a. Defendant concealed or suppressed material facts as stated in Attachment FR-3.a as follows:
Please see Attachment
b. Defendant concealed or suppressed material facts
defendant was bound to disclose.
by telling plaintiff other facts to mislead plaintiff and prevent plaintiff from discovering the concealed or
suppressed facts.
c. Defendant concealed or suppressed these facts with the intent to defraud and induce plaintiff to act as de-
scribed in item FR-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 5
Page 1 of 2
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California CAUSE OF ACTION-Fraud www.courtinfo.ca.gov
PLD-C-001(3) [Rev. January 1, 2007]
PLD-C-001(3)
SHORT TITLE: CASE NUMBER:
BARRON V. ATHENIX
Second
CAUSE OF ACTION-Fraud
(number)
FR-4. Promise Without Intent to Perform
a. Defendant made a promise about a material matter without any intention of performing it as stated
in Attachment FR-4.a as follows:
b. Defendant's promise without any intention of performance was made with the intent to defraud and in-
duce 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 as stated in Attachment FR-5
as follows:
Due to the misrepresentations and fraudulent conduct of the Defendants, Plaintiff
submitted herself for repeated breast surgeries and other procedures, each of
which failed to produce the cosmetic results that were promised and which
Defendants required Plaintiff to pay for.
In addition, Patients were induced to pay additional surgical costs with
sham discounts for procedures that would not have been necessary - but
for Defendants’ unilateral “decision” to increase the size of the implants
while patients were unconscious.
FR-6 Because of plaintiff's reliance upon defendant's conduct, plaintiff has been damaged as stated in
Attachment FR-6 as follows:
Permanent Disfigurement; wage loss, hospital and medical bills and other out of
pocket expenses and other general damages,
FR-7. Other:
Page
PLD-C-001(3) [Rev. January 1, 2007] Page 2 of 2
CAUSE OF ACTION-Fraud
MC-025
SHORT TITLE:
BARRON V. ATHENIX CASE NUMBER:
ATTACHMENT (Number) : FR-2.b
(This Attachment may be used with any Judicial Council form.)
I. Defendants and each of them were not competent to perform the surgeries;
that Defendant, KEVIN CIRESI M.D. had a substance abuse problem; and
that his medical license had been revoked with that revocation being stayed
so long as he remained on probation for seven years during which time he
was to have a worksite monitor for substance abuse, psychiatric evaluation,
and was prohibited from supervising physician assistants.
II. Defendants, and each of them conspired, as a matter of custom and
practice, to place large implants (larger than consented to) in patients while
they were unconscious. Thereafter, Defendants offered “revision” surgeries
which patients were required to pay extra fees in order to reduce the size of
the implants to the original size which the patients had consented to. In
addition, Defendants advised and represented to patients that additional
procedures would be necessary and required patients to pay for these
procedures.
III. Defendants, and each of them, in advising patients that they required additional
surgical procedures and needed to assume the financial responsibility for the
“revision” procedures, provided sham “discounts” to patients in order to lure them
into the additional surgical procedures for their own financial benefit and to set
these procedures out over time in order to lure them beyond the statute of
limitations.
IV. Defendants, and all of them, as a custom and practice would directly lie
to patients about the competence of KEVIN CIRESI M.D. even when he
appeared hung-over, had blood shot eyes, had shaky hands, had some
speech difficulties, was irritable and inpatient and had a foul odor of
alcohol and cigarettes.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use
Judicial Council of California
ATTACHMENT www.courtinfo.ca.gov
MC-025 [Rev. July 1, 2009] to Judicial Council Form
MC-025
SHORT TITLE: CASE NUMBER:
BARRON V. ATHENIX
ATTACHMENT (Number) : FR-3.a
(This Attachment may be used with any Judicial Council form.)
I. KEVIN CIRESI M.D. was not competent to perform the surgeries; that he had
stipualted to the terms of the Disciplinary Order of the Medical Board of
California. Defendants assured Plaintiff that further recommendated
surgeries would be done properly and that she would have a good cosmetic
result.
II. That Defendants concealed material facts regarding the specifications of the
implants which patients received.
III. Defendants concealed that the additional ‘surgical costs’ in which
patients were required to pay were for Athenix’s financial benefit and
not third parties.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use
Judicial Council of California
ATTACHMENT www.courtinfo.ca.gov
MC-025 [Rev. July 1, 2009] to Judicial Council Form
PLD-PI-001(3)
SHORT TITLE: CASE NUMBER
Barron v. Athenix
Third CAUSE OF ACTION- Intentional Tort Page 9
(number)
ATTACHMENT TO Complaint Cross-Complaint
(Use a separate cause of action form for each cause of action.)
IT-1. Plaintiff (name): Samantha Barron
alleges that defendant (name) :
ATHENIX BODY SCULPTING INSTITUTE; ATHENIX PHYSICIANS GROUP;
KEVIN CIRESI M.D. ANDRE MARSHALL M.D.
Does 1 to 3
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): June 30, 2016 through October 18, 2019
at (place): Athenix Body Sculpting Institute, Fresno, California
(description of reasons for liability):
I. Plaintiff incorporates by reference all allegations set forth in the First and Second Causes of
Action herein.
II. On or about June 30, 2016, Defendant, KEVIN CIRESI, M.D. and DOES 1-3 battered
Plaintiff by inserting completely different size and manufacturer breast implants while she
was unconscious. Prior to surgery, Plaintiff had consented to all specifications of her
implants and was shocked and horrified when she awoke and found that Defendant KEVIN
CIRESI M.D. had unilaterally and without consent placed different size and make of the
breast implants.
III. Based upon said battery, Plaintiff was required to undergo and pay for a ‘revision’ surgery
to place the original size implants which caused further permanent disfigurement and
additional surgical procedures.
Page 1 of 1
Form Approved for Optional Use CAUSE OF ACTION - Intentional Tort Code of Civil Procedure, § 425.12
Judicial Council of California www.courtinfo.ca.gov
PLD-PI-001(3) [Rev. January 1, 2007]
PLD-PI-001(6)
SHORT TITLE: CASE NUMBER:
Barron v. Athenix
Exemplary Damages Attachment Page 10
ATTACHMENT TO Complaint Cross-Complaint
EX-1. As additional damages against defendant (name) :
ATHENIX BODY SCULPTING INSTITUTE; ATHENIX PHYSICIANS GROUP; KEVIN CIRESI M.D.L
ANDRE MARSHALL M.D.
Plaintiff alleges defendant was guilty of
malice
fraud
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 punish defendant.
EX-2. The facts supporting plaintiff's claim are as follows:
I. Plaintiff incorporates by reference all allegations set forth in the First, Second and Third Causes of
Action herein.
II. That the fraudulent behavior set forth in the Second Cause of Action was malicious, fraudulent and
oppressive and justifies the award of punitive damages
III. That the battery set forth in the Third Cause of Action constituted malice, fraud and oppression and
justifies an award of punitive damages
EX-3. The amount of exemplary damages sought is
a. not shown, pursuant to Code of Civil Procedure section 425.10.
b. $
Page 1 of 1
Form Approved for Optional Use
Judicial Council of California
Exemplary Damages Attachment Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLD-PI-001(6) [Rev. January 1, 2007]