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Gail W. Richardson, Esq. SBN: 162709
1 Bobby Saadian, Esq. SBN: 250377 E-FILED
2 WILSHIRE LAW FIRM 9/23/2020 3:57 PM
3055 Wilshire Blvd., 12th Floor Superior Court of California
3 Los Angeles, California 90010 County of Fresno
Tel: (213) 381-9988 By: C. York, Deputy
4 Fax: (213) 381-9989
gailsteam@wilshirelawfirm.com
5
6 Attorneys for Plaintiff,
OLIVIA RETAMOZA VASQUEZ
7
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
8
COUNTY OF FRESNO
9
10
11 OLIVIA RETAMOZA VASQUEZ, an CASE NO. 20CECG02800
individual,
12 COMPLAINT FOR DAMAGES:
Plaintiff,
3055 Wilshire Blvd, 12th Floor
13
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
1. NEGLIGENCE
14 vs.
2. BATTERY
15 THE NECK AND BACK CENTER;
HERNANDEZ CHIROPRACTIC SPINAL 3. SEXUAL BATTERY
16 DECOMPRESSION, INC.; ARTHUR
17 HERNANDEZ; DOES 1 through 50, 4. INTENTIONAL INFLICTION OF
inclusive. EMOTIONAL DISTRESS
18
Defendants. 5. NEGLIGENT INFLICTION OF
19 EMOTIONAL DISTRESS
20 6. PREMISES LIABILITY
21
22
23 COMES NOW Plaintiff OLIVIA RETAMOZA VASQUEZ, (“Plaintiff”) who
24 respectfully alleges, based on information and belief, the following:
25 GENERAL ASSERTIONS
26 1. This is an action for personal injury arising out of the actions of the Defendants.
27 The subject sexual battery incidents were ongoing on unknown dates through approximately
28 November 2016. Plaintiff first discovered she suffered psychological damages as a result of the
1
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 incidents in approximately February 2017 which has proximately caused serious injury to
2 Plaintiff. The negligent acts and omissions of the Defendants as herein alleged took place in or
3 about the County of Fresno, State of California. Accordingly, venue within this judicial district
4 is proper.
5 2. At all times relevant herein, Plaintiff was a resident of the County of Fresno, State
6 of California.
7 3. Plaintiff is informed and believes, and based upon such information and belief
8 alleges that at all times relevant herein, Defendant ARTHUR HERNANDEZ was an individual
9 over the age of 18 and a resident of the County of Fresno, California.
10 4. Plaintiff is informed and believes, and based upon such information and belief
11 alleges that at all times relevant herein, Defendant THE NECK AND BACK CENTER was a
12 company authorized to do business in, and doing business in the County of Fresno, State of
3055 Wilshire Blvd, 12th Floor
13 California.
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 5. Plaintiff is informed and believes, and based upon such information and belief
15 alleges that at all times relevant herein, Defendant HERNANDEZ CHIROPRACTIC SPINAL
16 DECOMPRESSION, INC., was a company authorized to do business in, and doing business in,
17 the County of Fresno, State of California.
18 6. Plaintiff is informed and believes, and based upon such information and belief
19 alleges that Defendant ARTHUR HERNANDEZ was operating the subject medical facility with
20 the express or implied authority and permission of Defendants The Neck and Back Center,
21 Hernandez Chiropractic, Hernandez Chiropractic Spinal Decompression, Inc and Does 1-50,
22 inclusive, and within the course and scope of his agency or employment with Defendant The
23 Neck and Back Center, Hernandez Chiropractic Spinal Decompression, Inc and Does 1-50,
24 inclusive. Further, Defendants The Neck and Back Center, Hernandez Chiropractic Spinal
25 Decompression, Inc and Does 1-50, inclusive knew or should have known that Defendant Arthur
26 Hernandez was unfit to operate the chiropractic medical facility and was therefore negligent in
27 hiring, retaining, training, and entrusting the subject medical facility to Defendant Arthur
28 Hernandez.
2
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 7. The true names and/or capacities, whether individual, corporate, associate or
2 otherwise of the Defendants DOES 1 through 50, inclusive, and each of them, are unknown to
3 Plaintiff who therefore sues said Defendants by such fictitious names pursuant to Code of Civil
4 Procedure § 474. Plaintiff is informed and believes and thereon alleges that each of these
5 Defendants fictitiously named herein as a DOE is legally responsible, negligent or in some other
6 actionable manner liable for the events and happenings hereinafter referred to, and proximately
7 and legally caused the injuries to Plaintiff as hereinafter alleged. Plaintiff will seek leave of the
8 Court to amend this Complaint to insert the true names and/or capacities of such fictitiously-
9 named Defendants when the same has been ascertained.
10 8. Plaintiff is informed and believes, and based upon such information and belief
11 alleges that at all times relevant hereto, each Defendant, including DOES 1 through 50, was the
12 owner, servant, agent, joint-venturer, employee or employer of each of its co-Defendants, and in
3055 Wilshire Blvd, 12th Floor
13 doing the acts hereinafter mentioned, each Defendant was acting within the scope of its authority
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 and with the permission and consent of its co-Defendants, and each of them, and that said acts
15 of each Defendant was ratified by said Defendant's co-Defendants, and each of them and every
16 Defendant, as aforesaid, when acting as a principal, was negligent in the selection and hiring of
17 each and every other Defendant as an agent, employee and/or joint venturer.
18 9. Plaintiff is informed and believes, and based upon such information and belief
19 alleges that all of the acts, conduct, and nonfeasance herein carried out by each and every
20 representative, employee or agent of each and every corporate or business defendant, were
21 authorized, ordered, and directed by the respective defendant’s corporate or business employers,
22 officers, directors and/or managing agents; that in addition thereto, said corporate or business
23 employers, officers, directors and/or managing agents had advance knowledge of, authorized,
24 and participated in the herein described acts, conduct and nonfeasance of their representatives,
25 employees, agents and each of them; and that in addition thereto, upon the completion of the
26 aforesaid acts, conduct and nonfeasance of the employees and agents, the aforesaid corporate
27 and business employers, officers, directors and/or managing agents respectively ratified,
28 accepted the benefits of, condoned and approved of each and all of said acts, conduct or
3
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 nonfeasance of their co-employees, employers, and agents. In addition, at all times herein
2 relevant, each defendant, whether named herein or designated as a DOE, was a principal, master,
3 employer and joint venturer or every other defendant, and every defendant was acting within the
4 scope of said agency authority, employment and joint venture.
5 10. Starting on an unknown date through approximately November 2016, Plaintiff
6 was a patient of Defendant, Arthur Hernandez, The Neck and Back Center, Hernandez
7 Chiropractic Spinal Decompression, Inc. and Does 1-50. As plaintiff was being treated by
8 Arthur Hernandez, at the medical facility owned and operated by Defendants The Neck and Back
9 Center, Hernandez Chiropractic Spinal Decompression, Inc. and Does 1-50, Defendant Arthur
10 Hernandez inappropriately grabbed and groped plaintiff’s private areas. At no time during the
11 incident did plaintiff consent to the inappropriate touching.
12 11. In approximately February 2017, Plaintiff started suffering significant
3055 Wilshire Blvd, 12th Floor
13 psychological injuries and damages.
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 First Cause of Action
15 Negligence
16 [Against All Defendants]
17 12. Plaintiff incorporates herein by reference, as though fully set forth at length, each
18 and every allegation and statement contained in the preceding paragraphs.
19 13. At all times alleged herein, Defendants, The Neck and Back Center, Hernandez
20 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive were in possession of the
21 property where Plaintiff was assaulted, and had the right to manage, use and control that
22 property in such a manner so as to avoid exposing patients to unreasonable risk of harm.
23 14. At all times alleged herein, Defendants The Neck and Back Center, Hernandez
24 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive knew or should have
25 known that Arthur Hernandez was acting inappropriately with patients, and that any patient at
26 the medical facility was at risk to be sexually assaulted by Defendant Arthur Hernandez.
27 15. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
28 Decompression, Inc, and/or Does 1-50, inclusive, knew or should have known that Arthur
4
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 Hernandez was repeatedly committing sexual assaults of patients at the medical facility,
2 including Plaintiffs.
3 16. It was foreseeable to the Defendants, The Neck and Back Center, Hernandez
4 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive that Arthur Hernandez
5 would continue to sexually assault patients if he was permitted to continue treating,
6 supervising, instructing, caring for, and having custody and/or control over patients, including
7 Plaintiff. Accordingly, Defendants The Neck and Back Center, Hernandez Chiropractic Spinal
8 Decompression, Inc, and/or Does 1-50, inclusive, owed a duty of care to all patients, including
9 Plaintiff.
10 17. By allowing Defendant Arthur Hernandez to continue treating, supervising,
11 instructing, caring for, and having custody and/or control over patients, including Plaintiff,
12 Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal Decompression, Inc,
3055 Wilshire Blvd, 12th Floor
13 and/or Does 1-50, inclusive, breached their duty of care to all patients, including Plaintiff.
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 18. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
15 Decompression, Inc, and/or Does 1-50, inclusive, failed to properly supervise Arthur
16 Hernandez, and failed to enact and create policies and procedures to protect patients from
17 sexual assault at the medical facility, including Plaintiff.
18 19. As a direct, legal, and proximate result of the negligent acts and/or omissions of
19 Defendants, Plaintiff suffered severe injuries and damages.
20 20. Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
21 Decompression, Inc, and/or Does 1-50, inclusive, negligently used and managed the premises
22 of the medical facility, and created a dangerous situation and an unreasonable risk of harm to
23 patients, by allowing Arthur Hernandez to continue treating, supervising, instructing, caring
24 for, and having custody and/or control over patients, including Plaintiff. Plaintiff is informed
25 and believes that the small treating room was an unsupervised location, which contained a
26 small room where Arthur Hernandez was able to sexually assault patients, including Plaintiff.
27 21. As a result of the dangerous conditions created by the Defendants, numerous
28 patients, including Plaintiff, were sexually assaulted by Arthur Hernandez. Said dangerous
5
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 conditions was a proximate cause of Plaintiffs' injuries and damages.
2 22. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
3 Decompression, Inc, and/or Does 1-50, inclusive, had a duty not to hire and /or retain Arthur
4 Hernandez, and other employees, agents, volunteers and other representatives, given Arthur
5 Hernandez’s dangerous and exploitive propensities.
6 23. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
7 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
8 employees, knew or reasonably should have known of Arthur Hernandez’s dangerous and
9 exploitive propensities and/or that Arthur Hernandez was a dangerous and unfit agent and/or
10 employee. Despite such knowledge, defendants The Neck and Back Center, Hernandez
11 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive, negligently hired and
12 retained Arthur Hernandez in positions of trust and authority as a treating chiropractor, and
3055 Wilshire Blvd, 12th Floor
13 authority figure.
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 24. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
15 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
16 employees knew, or should have known, that Arthur Hernandez was acting inappropriately
17 with patients. Defendants failed to investigate Arthur Hernandez and continued to employ
18 Arthur Hernandez despite evidence that his conduct was inappropriate.
19 25. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
20 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
21 employees, failed to use reasonable care in investigating Arthur Hernandez, and failed to
22 provide adequate warning to Plaintiff, of Arthur Hernandez’s dangerous propensities and
23 unfitness. Arthur Hernandez was thereby able to abuse his positions of trust and authority so as
24 to commit wrongful acts against the Plaintiff.
25 26. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
26 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
27 employees, further failed to take reasonable measures to prevent further sexual abuse.
28 ///
6
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 27. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
2 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
3 employees, knew or reasonably should have known, of Arthur Hernandez’s dangerous and
4 exploitive propensities and/or that Arthur Hernandez was a dangerous and unfit agent.
5 Defendants knew, or should have known, that Arthur Hernandez was acting inappropriately
6 with patients. Defendants failed to train Arthur Hernandez how to act appropriately with
7 patients. Further, despite such knowledge, defendants negligently failed to supervise, or
8 provide reasonable supervision of, Arthur Hernandez, failed to use reasonable care in
9 investigating Arthur Hernandez, failed to provide adequate warning to Plaintiff, of Arthur
10 Hernandez’s dangerous propensities and unfitness, and allowed Arthur Hernandez to remain in
11 positions of trust and authority as an agent and/or employee of Defendants as a treating
12 physician and authority figure. Arthur Hernandez was thereby able to abuse his positions of
3055 Wilshire Blvd, 12th Floor
13 trust and authority so as to commit wrongful acts against the Plaintiff. Defendants further failed
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 to take reasonable measures to prevent further sexual abuse.
15 28. As a direct result of the wrongful conduct alleged herein. Plaintiff has suffered,
16 and continue to suffer, severe emotional distress, physical manifestations of emotional distress,
17 shock embarrassment, loss of self-esteem', disgrace, humiliation, powerlessness, and loss of
18 enjoyment of life. Plaintiff has incurred and/or will continue to incur, expenses for medical
19 and psychological treatment, therapy and counseling.
20 Second Cause of Action
21 Battery
22 (Against All Defendants)
23 29. Plaintiff incorporates all prior paragraphs as though fully alleged herein.
24 30. Defendant Arthur Hernandez intentionally and recklessly did acts which
25 resulted in harmful and offensive contact with the Plaintiff’s person, including but not limited
26 to: making suggestive and sexual advances, touching Plaintiffs in a sexual and offensive
27 manner.
28 ///
7
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 31. Because of Defendant’s position of authority, and Plaintiffs’ status as patient,
2 Plaintiff was unable to, and did not, consent to the aforementioned acts.
3 32. Defendant, Arthur Hernandez, was, at all relevant times alleged herein,
4 employed and/or an agent of Defendants, The Neck and Back Center, Hernandez Chiropractic
5 Spinal Decompression, Inc, and/or Does 1-50, inclusive, as a treating chiropractor at the
6 medical facility. At the time of the incident against Plaintiff, Arthur Hernandez was acting in
7 the course and scope of his employment and/or agency with Defendants, The Neck and Back
8 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive,
9 and/or with the express or implied authority and permission of Defendants, The Neck and Back
10 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive.
11 33. As a direct result of the wrongful conduct alleged herein, Plaintiff has suffered,
12 and continues to suffer, severe emotional distress, physical manifestations of emotional
3055 Wilshire Blvd, 12th Floor
13 distress, shock, embarrassment, loss of self-esteem, disgrace, humiliation, powerlessness, and
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 loss of enjoyment of life. Plaintiff has incurred and/or will continue to incur, expenses for
15 medical and psychological treatment, therapy and counseling.
16 34. Plaintiff is informed and believe that the aforesaid acts directed towards the
17 Plaintiff was carried out with a conscious disregard of Plaintiff's right to be free from such
18 tortious and criminal behavior, such as to constitute oppression, fraud and/or malice pursuant
19 to California Civil Code Section 3294, entitling Plaintiff to punitive damages.
20 Third Cause of Action
21 Sexual Battery
22 (Against All Defendants)
23 35. Plaintiff incorporates all paragraphs of this Complaint as though fully set forth
24 herein.
25 36. Defendant Arthur Hernandez intentionally and recklessly did acts which
26 resulted in harmful and offensive contact with the Plaintiff’s person, including but not limited
27 to: making suggestive and sexual advances, touching Plaintiff in a sexual and offensive
28 manner.
8
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 37. Because of Defendant’s position of authority, and Plaintiff’s status as patient,
2 Plaintiff was unable to, and did not, consent to the aforementioned acts.
3 38. Defendant, Arthur Hernandez, was, at all relevant times alleged herein,
4 employed and/or an agent of Defendants, The Neck and Back Center, Hernandez Chiropractic
5 Spinal Decompression, Inc, and/or Does 1-50, inclusive, as a treating chiropractor at the
6 medical facility. At the time of the incidents against Plaintiff, Arthur Hernandez was acting in
7 the course and scope of his employment and/or agency with Defendants, The Neck and Back
8 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive,
9 and/or with the express or implied authority and permission of Defendants, The Neck and Back
10 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive.
11 39. As a direct result of the wrongful conduct alleged herein, Plaintiff has suffered,
12 and continue to suffer, severe emotional distress, physical manifestations of emotional distress,
3055 Wilshire Blvd, 12th Floor
13 shock, embarrassment, loss of self-esteem, disgrace, humiliation, powerlessness, and loss of
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 enjoyment of life. Plaintiff has incurred and/or will continue to incur, expenses for medical and
15 psychological treatment, therapy and counseling.
16 40. Plaintiff is informed and believes that the aforesaid acts directed towards the
17 Plaintiff were carried out with a conscious disregard of Plaintiff's right to be free from such
18 tortious and criminal behavior, such as to constitute oppression, fraud and/or malice pursuant
19 to California Civil Code Section 3294, entitling Plaintiffs to punitive damages.
20 Fourth Cause of Action
21 Intentional Infliction of Emotional Distress
22 (Against All Defendants)
23 41. Plaintiffs incorporate all paragraphs of this Complaint as though fully set forth
24 herein;
25 42. Plaintiff is informed and believe, and thereon allege, that the actions of
26 Defendant Arthur Hernandez, as aforesaid, were intentional, extreme, and outrageous. Plaintiff
27 is further informed and believe, and thereon allege, that such actions were done with the intent
28 to cause serious emotional distress or with reckless disregard of the probability of causing
9
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 Plaintiff serious emotional distress.
2 43. As a direct result of the wrongful conduct alleged herein, Plaintiff has suffered,
3 and continue to suffer, severe emotional distress, physical manifestations of emotional distress,
4 shock, embarrassment, loss of self-esteem, disgrace, humiliation, powerlessness, and loss of
5 enjoyment of life. Plaintiff's severe emotional distress prevents her from performing daily
6 activities and obtaining the full enjoyment of life. Plaintiff has incurred and/or will continue to
7 incur, expenses for medical and psychological treatment, therapy and counseling.
8 44. Defendant, Arthur Hernandez, was, at all relevant times alleged herein,
9 employed and/or an agent of Defendants The Neck and Back Center, Hernandez Chiropractic
10 Spinal Decompression, Inc, and/or Does 1-50, inclusive, as a treating chiropractor at the
11 medical facility. At the time of the incidents against Plaintiff, Arthur Hernandez was acting in
12 the course and scope of his employment and/or agency with Defendants, The Neck and Back
3055 Wilshire Blvd, 12th Floor
13 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive,
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 and/or with the express or implied authority and permission of Defendants, The Neck and Back
15 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive.
16 45. Plaintiff is informed and believe that the aforesaid acts directed towards the
17 Plaintiff were carried out with a conscious disregard of Plaintiff's right to be free from such
18 tortious and criminal behavior, such as to constitute oppression, fraud and/or malice pursuant
19 to California Civil Code Section 3294, entitling Plaintiff to punitive damages.
20 Fifth Cause of Action
21 Negligent Infliction of Emotional Distress
22 (Against All Defendants)
23 46. Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as
24 though set forth in full herein.
25 47. Defendant, Arthur Hernandez, acted outrageously, with the intent, or reckless
26 and/or negligent disregard, to cause Plaintiff severe emotional distress.
27 48. As a direct legal and proximate result of Defendant’s conduct, Plaintiff actually
28 suffered mental anguish, emotional distress, and injury to her mind. As a result of such conduct.
10
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 49. As a direct result of the wrongful conduct alleged herein. Plaintiff has suffered,
2 and continue to suffer, severe emotional distress, physical manifestations of emotional distress,
3 shock, embarrassment, loss of self-esteem, disgrace, humiliation, powerlessness, and loss of
4 enjoyment of life. Plaintiff's severe emotional distress prevents her from performing daily
5 activities and obtaining the full enjoyment of life. Plaintiff has incurred and/or will continue to
6 incur, expenses for medical and psychological treatment, therapy and counseling.
7 50. Defendant, Arthur Hernandez, was, at all relevant times alleged herein, employed
8 and/or an agent of Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
9 Decompression, Inc, and/or Does 1-50, inclusive, as a treating chiropractor at the medical
10 facility. At the time of the incidents against Plaintiff, Arthur Hernandez was acting in the course
11 and scope of his employment and/or agency with Defendants, The Neck and Back Center,
12 Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive, and/or with the
3055 Wilshire Blvd, 12th Floor
13 express or implied authority and permission of Defendants, The Neck and Back Center,
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WILSHIRE LAW FIRM, PLC
14 Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive.
15 51. Plaintiff is informed and believe that the aforesaid acts directed towards the
16 Plaintiff were carried out with a conscious disregard of Plaintiff's right to be free from such
17 tortious and criminal behavior, such as to constitute oppression, fraud and/or malice pursuant to
18 California Civil Code Section 3294, entitling Plaintiff to punitive damages.
19 Sixth Cause of Action
20 Premises Liability
21 [Against All Defendants]
22 52. Plaintiff incorporates herein by reference, as though fully set forth at length, each
23 and every allegation and statement contained in the preceding paragraphs.
24 53. At all times alleged herein, Defendants, The Neck and Back Center, Hernandez
25 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive were in possession of the
26 property where Plaintiff was assaulted, and had the right to manage, use and control that
27 property in such a manner so as to avoid exposing patients to unreasonable risk of harm.
28 ///
11
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 54. At all times alleged herein, Defendants The Neck and Back Center, Hernandez
2 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive knew or should have
3 known that Arthur Hernandez was acting inappropriately with patients, and that any patient at
4 the medical facility was at risk to be sexually assaulted by Defendant Arthur Hernandez.
5 55. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
6 Decompression, Inc, and/or Does 1-50, inclusive, knew or should have known that Arthur
7 Hernandez was repeatedly committing sexual assaults of patients at the medical facility,
8 including Plaintiffs.
9 56. It was foreseeable to the Defendants, The Neck and Back Center, Hernandez
10 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive that Arthur Hernandez
11 would continue to sexually assault patients if he was permitted to continue treating,
12 supervising, instructing, caring for, and having custody and/or control over patients, including
3055 Wilshire Blvd, 12th Floor
13 Plaintiff. Accordingly, Defendants The Neck and Back Center, Hernandez Chiropractic Spinal
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WILSHIRE LAW FIRM, PLC
14 Decompression, Inc, and/or Does 1-50, inclusive, owed a duty of care to all patients, including
15 Plaintiff.
16 57. By allowing Defendant Arthur Hernandez to continue treating, supervising,
17 instructing, caring for, and having custody and/or control over patients, including Plaintiff,
18 Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal Decompression, Inc,
19 and/or Does 1-50, inclusive, breached their duty of care to all patients, including Plaintiff.
20 58. As a direct, legal, and proximate result of the negligent acts and/or omissions of
21 Defendants, Plaintiff suffered severe injuries and damages.
22 59. Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
23 Decompression, Inc, and/or Does 1-50, inclusive, negligently used and managed the premises
24 of the medical facility, and created a dangerous situation and an unreasonable risk of harm to
25 patients, by allowing Arthur Hernandez to continue treating, supervising, instructing, caring
26 for, and having custody and/or control over patients, including Plaintiff. Plaintiff is informed
27 and believes that the small treating room was an unsupervised location, which contained a
28 small room where Arthur Hernandez was able to sexually assault patients, including Plaintiff.
12
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 60. As a result of the dangerous conditions created by the Defendants, numerous
2 patients, including Plaintiff, were sexually assaulted by Arthur Hernandez. Said dangerous
3 conditions was a proximate cause of Plaintiffs' injuries and damages.
4 61. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
5 Decompression, Inc, and/or Does 1-50, inclusive, had a duty not to hire and /or retain Arthur
6 Hernandez, and other employees, agents, volunteers and other representatives, given Arthur
7 Hernandez’s dangerous and exploitive propensities.
8 62. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
9 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
10 employees, knew or reasonably should have known of Arthur Hernandez’s dangerous and
11 exploitive propensities and/or that Arthur Hernandez was a dangerous and unfit agent and/or
12 employee. Despite such knowledge, defendants The Neck and Back Center, Hernandez
3055 Wilshire Blvd, 12th Floor
13 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive, negligently hired and
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 retained Arthur Hernandez in positions of trust and authority as a treating chiropractor, and
15 authority figure.
16 63. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
17 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
18 employees knew, or should have known, that Arthur Hernandez was acting inappropriately
19 with patients. Defendants failed to investigate Arthur Hernandez and continued to employ
20 Arthur Hernandez despite evidence that his conduct was inappropriate.
21 64. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
22 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
23 employees, failed to use reasonable care in investigating Arthur Hernandez, and failed to
24 provide adequate warning to Plaintiff, of Arthur Hernandez’s dangerous propensities and
25 unfitness. Arthur Hernandez was thereby able to abuse his positions of trust and authority so as
26 to commit wrongful acts against the Plaintiff.
27 65. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
28 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
13
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 employees, further failed to take reasonable measures to prevent further sexual abuse.
2 66. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal
3 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and
4 employees, knew or reasonably should have known, of Arthur Hernandez’s dangerous and
5 exploitive propensities and/or that Arthur Hernandez was a dangerous and unfit agent.
6 Defendants knew, or should have known, that Arthur Hernandez was acting inappropriately
7 with patients. Defendants failed to train Arthur Hernandez how to act appropriately with
8 patients. Further, despite such knowledge, defendants negligently failed to supervise, or
9 provide reasonable supervision of, Arthur Hernandez, failed to use reasonable care in
10 investigating Arthur Hernandez, failed to provide adequate warning to Plaintiff, of Arthur
11 Hernandez’s dangerous propensities and unfitness, and allowed Arthur Hernandez to remain in
12 positions of trust and authority as a agent and/or employee of Defendants as a treating
3055 Wilshire Blvd, 12th Floor
13 physician and authority figure. Arthur Hernandez was thereby able to abuse his positions of
Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
14 trust and authority so as to commit wrongful acts against the Plaintiff. Defendants further failed
15 to take reasonable measures to prevent further sexual abuse.
16 67. As a direct result of the wrongful conduct alleged herein. Plaintiff has suffered,
17 and continue to suffer, severe emotional distress, physical manifestations of emotional distress,
18 shock embarrassment, loss of self-esteem', disgrace, humiliation, powerlessness, and loss of
19 enjoyment of life. Plaintiff has incurred and/or will continue to incur, expenses for medical
20 and psychological treatment, therapy and counseling.
21
22
23
24
25
26 ///
27 ///
28 ///
14
PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 WHEREFORE, Plaintiff OLIVIA RETAMOZA VASQUEZ hereby prays for judgment
2 against all Defendants and each of them as follows:
3 1. For all past and future economic damages including, but not limited to all past
4 and future wage loss, loss of earning capacity, and past and future medical expenses.
5 2. For all past and future non-economic damages according to proof.
6 3. For all prejudgment and post-judgment interest as allowed by law.
7 4. For punitive damages
8 5. For costs of suit incurred herein.
9 6. For such other and further relief as the Court deems just and proper.
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11 DATED: September 23, 2020 WILSHIRE LAW FIRM
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3055 Wilshire Blvd, 12th Floor
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Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
By:
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Attorneys for Plaintiff
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PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
1 DEMAND FOR JURY TRIAL
2 Plaintiff demands a trial by jury in this action.
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Attorneys for Plaintiff
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Los Angeles, CA 90010-1137
WILSHIRE LAW FIRM, PLC
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PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES
Preview
Gail W. Richardson, Esq. SBN: 162709 1 Bobby Saadian, Esq. SBN: 250377 E-FILED 2 WILSHIRE LAW FIRM 9/23/2020 3:57 PM 3055 Wilshire Blvd., 12th Floor Superior Court of California 3 Los Angeles, California 90010 County of Fresno Tel: (213) 381-9988 By: C. York, Deputy 4 Fax: (213) 381-9989 gailsteam@wilshirelawfirm.com 5 6 Attorneys for Plaintiff, OLIVIA RETAMOZA VASQUEZ 7 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 8 COUNTY OF FRESNO 9 10 11 OLIVIA RETAMOZA VASQUEZ, an CASE NO. 20CECG02800 individual, 12 COMPLAINT FOR DAMAGES: Plaintiff, 3055 Wilshire Blvd, 12th Floor 13 Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 1. NEGLIGENCE 14 vs. 2. BATTERY 15 THE NECK AND BACK CENTER; HERNANDEZ CHIROPRACTIC SPINAL 3. SEXUAL BATTERY 16 DECOMPRESSION, INC.; ARTHUR 17 HERNANDEZ; DOES 1 through 50, 4. INTENTIONAL INFLICTION OF inclusive. EMOTIONAL DISTRESS 18 Defendants. 5. NEGLIGENT INFLICTION OF 19 EMOTIONAL DISTRESS 20 6. PREMISES LIABILITY 21 22 23 COMES NOW Plaintiff OLIVIA RETAMOZA VASQUEZ, (“Plaintiff”) who 24 respectfully alleges, based on information and belief, the following: 25 GENERAL ASSERTIONS 26 1. This is an action for personal injury arising out of the actions of the Defendants. 27 The subject sexual battery incidents were ongoing on unknown dates through approximately 28 November 2016. Plaintiff first discovered she suffered psychological damages as a result of the 1 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 incidents in approximately February 2017 which has proximately caused serious injury to 2 Plaintiff. The negligent acts and omissions of the Defendants as herein alleged took place in or 3 about the County of Fresno, State of California. Accordingly, venue within this judicial district 4 is proper. 5 2. At all times relevant herein, Plaintiff was a resident of the County of Fresno, State 6 of California. 7 3. Plaintiff is informed and believes, and based upon such information and belief 8 alleges that at all times relevant herein, Defendant ARTHUR HERNANDEZ was an individual 9 over the age of 18 and a resident of the County of Fresno, California. 10 4. Plaintiff is informed and believes, and based upon such information and belief 11 alleges that at all times relevant herein, Defendant THE NECK AND BACK CENTER was a 12 company authorized to do business in, and doing business in the County of Fresno, State of 3055 Wilshire Blvd, 12th Floor 13 California. Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 5. Plaintiff is informed and believes, and based upon such information and belief 15 alleges that at all times relevant herein, Defendant HERNANDEZ CHIROPRACTIC SPINAL 16 DECOMPRESSION, INC., was a company authorized to do business in, and doing business in, 17 the County of Fresno, State of California. 18 6. Plaintiff is informed and believes, and based upon such information and belief 19 alleges that Defendant ARTHUR HERNANDEZ was operating the subject medical facility with 20 the express or implied authority and permission of Defendants The Neck and Back Center, 21 Hernandez Chiropractic, Hernandez Chiropractic Spinal Decompression, Inc and Does 1-50, 22 inclusive, and within the course and scope of his agency or employment with Defendant The 23 Neck and Back Center, Hernandez Chiropractic Spinal Decompression, Inc and Does 1-50, 24 inclusive. Further, Defendants The Neck and Back Center, Hernandez Chiropractic Spinal 25 Decompression, Inc and Does 1-50, inclusive knew or should have known that Defendant Arthur 26 Hernandez was unfit to operate the chiropractic medical facility and was therefore negligent in 27 hiring, retaining, training, and entrusting the subject medical facility to Defendant Arthur 28 Hernandez. 2 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 7. The true names and/or capacities, whether individual, corporate, associate or 2 otherwise of the Defendants DOES 1 through 50, inclusive, and each of them, are unknown to 3 Plaintiff who therefore sues said Defendants by such fictitious names pursuant to Code of Civil 4 Procedure § 474. Plaintiff is informed and believes and thereon alleges that each of these 5 Defendants fictitiously named herein as a DOE is legally responsible, negligent or in some other 6 actionable manner liable for the events and happenings hereinafter referred to, and proximately 7 and legally caused the injuries to Plaintiff as hereinafter alleged. Plaintiff will seek leave of the 8 Court to amend this Complaint to insert the true names and/or capacities of such fictitiously- 9 named Defendants when the same has been ascertained. 10 8. Plaintiff is informed and believes, and based upon such information and belief 11 alleges that at all times relevant hereto, each Defendant, including DOES 1 through 50, was the 12 owner, servant, agent, joint-venturer, employee or employer of each of its co-Defendants, and in 3055 Wilshire Blvd, 12th Floor 13 doing the acts hereinafter mentioned, each Defendant was acting within the scope of its authority Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 and with the permission and consent of its co-Defendants, and each of them, and that said acts 15 of each Defendant was ratified by said Defendant's co-Defendants, and each of them and every 16 Defendant, as aforesaid, when acting as a principal, was negligent in the selection and hiring of 17 each and every other Defendant as an agent, employee and/or joint venturer. 18 9. Plaintiff is informed and believes, and based upon such information and belief 19 alleges that all of the acts, conduct, and nonfeasance herein carried out by each and every 20 representative, employee or agent of each and every corporate or business defendant, were 21 authorized, ordered, and directed by the respective defendant’s corporate or business employers, 22 officers, directors and/or managing agents; that in addition thereto, said corporate or business 23 employers, officers, directors and/or managing agents had advance knowledge of, authorized, 24 and participated in the herein described acts, conduct and nonfeasance of their representatives, 25 employees, agents and each of them; and that in addition thereto, upon the completion of the 26 aforesaid acts, conduct and nonfeasance of the employees and agents, the aforesaid corporate 27 and business employers, officers, directors and/or managing agents respectively ratified, 28 accepted the benefits of, condoned and approved of each and all of said acts, conduct or 3 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 nonfeasance of their co-employees, employers, and agents. In addition, at all times herein 2 relevant, each defendant, whether named herein or designated as a DOE, was a principal, master, 3 employer and joint venturer or every other defendant, and every defendant was acting within the 4 scope of said agency authority, employment and joint venture. 5 10. Starting on an unknown date through approximately November 2016, Plaintiff 6 was a patient of Defendant, Arthur Hernandez, The Neck and Back Center, Hernandez 7 Chiropractic Spinal Decompression, Inc. and Does 1-50. As plaintiff was being treated by 8 Arthur Hernandez, at the medical facility owned and operated by Defendants The Neck and Back 9 Center, Hernandez Chiropractic Spinal Decompression, Inc. and Does 1-50, Defendant Arthur 10 Hernandez inappropriately grabbed and groped plaintiff’s private areas. At no time during the 11 incident did plaintiff consent to the inappropriate touching. 12 11. In approximately February 2017, Plaintiff started suffering significant 3055 Wilshire Blvd, 12th Floor 13 psychological injuries and damages. Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 First Cause of Action 15 Negligence 16 [Against All Defendants] 17 12. Plaintiff incorporates herein by reference, as though fully set forth at length, each 18 and every allegation and statement contained in the preceding paragraphs. 19 13. At all times alleged herein, Defendants, The Neck and Back Center, Hernandez 20 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive were in possession of the 21 property where Plaintiff was assaulted, and had the right to manage, use and control that 22 property in such a manner so as to avoid exposing patients to unreasonable risk of harm. 23 14. At all times alleged herein, Defendants The Neck and Back Center, Hernandez 24 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive knew or should have 25 known that Arthur Hernandez was acting inappropriately with patients, and that any patient at 26 the medical facility was at risk to be sexually assaulted by Defendant Arthur Hernandez. 27 15. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 28 Decompression, Inc, and/or Does 1-50, inclusive, knew or should have known that Arthur 4 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 Hernandez was repeatedly committing sexual assaults of patients at the medical facility, 2 including Plaintiffs. 3 16. It was foreseeable to the Defendants, The Neck and Back Center, Hernandez 4 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive that Arthur Hernandez 5 would continue to sexually assault patients if he was permitted to continue treating, 6 supervising, instructing, caring for, and having custody and/or control over patients, including 7 Plaintiff. Accordingly, Defendants The Neck and Back Center, Hernandez Chiropractic Spinal 8 Decompression, Inc, and/or Does 1-50, inclusive, owed a duty of care to all patients, including 9 Plaintiff. 10 17. By allowing Defendant Arthur Hernandez to continue treating, supervising, 11 instructing, caring for, and having custody and/or control over patients, including Plaintiff, 12 Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal Decompression, Inc, 3055 Wilshire Blvd, 12th Floor 13 and/or Does 1-50, inclusive, breached their duty of care to all patients, including Plaintiff. Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 18. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 15 Decompression, Inc, and/or Does 1-50, inclusive, failed to properly supervise Arthur 16 Hernandez, and failed to enact and create policies and procedures to protect patients from 17 sexual assault at the medical facility, including Plaintiff. 18 19. As a direct, legal, and proximate result of the negligent acts and/or omissions of 19 Defendants, Plaintiff suffered severe injuries and damages. 20 20. Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 21 Decompression, Inc, and/or Does 1-50, inclusive, negligently used and managed the premises 22 of the medical facility, and created a dangerous situation and an unreasonable risk of harm to 23 patients, by allowing Arthur Hernandez to continue treating, supervising, instructing, caring 24 for, and having custody and/or control over patients, including Plaintiff. Plaintiff is informed 25 and believes that the small treating room was an unsupervised location, which contained a 26 small room where Arthur Hernandez was able to sexually assault patients, including Plaintiff. 27 21. As a result of the dangerous conditions created by the Defendants, numerous 28 patients, including Plaintiff, were sexually assaulted by Arthur Hernandez. Said dangerous 5 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 conditions was a proximate cause of Plaintiffs' injuries and damages. 2 22. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 3 Decompression, Inc, and/or Does 1-50, inclusive, had a duty not to hire and /or retain Arthur 4 Hernandez, and other employees, agents, volunteers and other representatives, given Arthur 5 Hernandez’s dangerous and exploitive propensities. 6 23. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 7 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 8 employees, knew or reasonably should have known of Arthur Hernandez’s dangerous and 9 exploitive propensities and/or that Arthur Hernandez was a dangerous and unfit agent and/or 10 employee. Despite such knowledge, defendants The Neck and Back Center, Hernandez 11 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive, negligently hired and 12 retained Arthur Hernandez in positions of trust and authority as a treating chiropractor, and 3055 Wilshire Blvd, 12th Floor 13 authority figure. Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 24. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 15 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 16 employees knew, or should have known, that Arthur Hernandez was acting inappropriately 17 with patients. Defendants failed to investigate Arthur Hernandez and continued to employ 18 Arthur Hernandez despite evidence that his conduct was inappropriate. 19 25. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 20 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 21 employees, failed to use reasonable care in investigating Arthur Hernandez, and failed to 22 provide adequate warning to Plaintiff, of Arthur Hernandez’s dangerous propensities and 23 unfitness. Arthur Hernandez was thereby able to abuse his positions of trust and authority so as 24 to commit wrongful acts against the Plaintiff. 25 26. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 26 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 27 employees, further failed to take reasonable measures to prevent further sexual abuse. 28 /// 6 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 27. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 2 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 3 employees, knew or reasonably should have known, of Arthur Hernandez’s dangerous and 4 exploitive propensities and/or that Arthur Hernandez was a dangerous and unfit agent. 5 Defendants knew, or should have known, that Arthur Hernandez was acting inappropriately 6 with patients. Defendants failed to train Arthur Hernandez how to act appropriately with 7 patients. Further, despite such knowledge, defendants negligently failed to supervise, or 8 provide reasonable supervision of, Arthur Hernandez, failed to use reasonable care in 9 investigating Arthur Hernandez, failed to provide adequate warning to Plaintiff, of Arthur 10 Hernandez’s dangerous propensities and unfitness, and allowed Arthur Hernandez to remain in 11 positions of trust and authority as an agent and/or employee of Defendants as a treating 12 physician and authority figure. Arthur Hernandez was thereby able to abuse his positions of 3055 Wilshire Blvd, 12th Floor 13 trust and authority so as to commit wrongful acts against the Plaintiff. Defendants further failed Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 to take reasonable measures to prevent further sexual abuse. 15 28. As a direct result of the wrongful conduct alleged herein. Plaintiff has suffered, 16 and continue to suffer, severe emotional distress, physical manifestations of emotional distress, 17 shock embarrassment, loss of self-esteem', disgrace, humiliation, powerlessness, and loss of 18 enjoyment of life. Plaintiff has incurred and/or will continue to incur, expenses for medical 19 and psychological treatment, therapy and counseling. 20 Second Cause of Action 21 Battery 22 (Against All Defendants) 23 29. Plaintiff incorporates all prior paragraphs as though fully alleged herein. 24 30. Defendant Arthur Hernandez intentionally and recklessly did acts which 25 resulted in harmful and offensive contact with the Plaintiff’s person, including but not limited 26 to: making suggestive and sexual advances, touching Plaintiffs in a sexual and offensive 27 manner. 28 /// 7 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 31. Because of Defendant’s position of authority, and Plaintiffs’ status as patient, 2 Plaintiff was unable to, and did not, consent to the aforementioned acts. 3 32. Defendant, Arthur Hernandez, was, at all relevant times alleged herein, 4 employed and/or an agent of Defendants, The Neck and Back Center, Hernandez Chiropractic 5 Spinal Decompression, Inc, and/or Does 1-50, inclusive, as a treating chiropractor at the 6 medical facility. At the time of the incident against Plaintiff, Arthur Hernandez was acting in 7 the course and scope of his employment and/or agency with Defendants, The Neck and Back 8 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive, 9 and/or with the express or implied authority and permission of Defendants, The Neck and Back 10 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive. 11 33. As a direct result of the wrongful conduct alleged herein, Plaintiff has suffered, 12 and continues to suffer, severe emotional distress, physical manifestations of emotional 3055 Wilshire Blvd, 12th Floor 13 distress, shock, embarrassment, loss of self-esteem, disgrace, humiliation, powerlessness, and Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 loss of enjoyment of life. Plaintiff has incurred and/or will continue to incur, expenses for 15 medical and psychological treatment, therapy and counseling. 16 34. Plaintiff is informed and believe that the aforesaid acts directed towards the 17 Plaintiff was carried out with a conscious disregard of Plaintiff's right to be free from such 18 tortious and criminal behavior, such as to constitute oppression, fraud and/or malice pursuant 19 to California Civil Code Section 3294, entitling Plaintiff to punitive damages. 20 Third Cause of Action 21 Sexual Battery 22 (Against All Defendants) 23 35. Plaintiff incorporates all paragraphs of this Complaint as though fully set forth 24 herein. 25 36. Defendant Arthur Hernandez intentionally and recklessly did acts which 26 resulted in harmful and offensive contact with the Plaintiff’s person, including but not limited 27 to: making suggestive and sexual advances, touching Plaintiff in a sexual and offensive 28 manner. 8 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 37. Because of Defendant’s position of authority, and Plaintiff’s status as patient, 2 Plaintiff was unable to, and did not, consent to the aforementioned acts. 3 38. Defendant, Arthur Hernandez, was, at all relevant times alleged herein, 4 employed and/or an agent of Defendants, The Neck and Back Center, Hernandez Chiropractic 5 Spinal Decompression, Inc, and/or Does 1-50, inclusive, as a treating chiropractor at the 6 medical facility. At the time of the incidents against Plaintiff, Arthur Hernandez was acting in 7 the course and scope of his employment and/or agency with Defendants, The Neck and Back 8 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive, 9 and/or with the express or implied authority and permission of Defendants, The Neck and Back 10 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive. 11 39. As a direct result of the wrongful conduct alleged herein, Plaintiff has suffered, 12 and continue to suffer, severe emotional distress, physical manifestations of emotional distress, 3055 Wilshire Blvd, 12th Floor 13 shock, embarrassment, loss of self-esteem, disgrace, humiliation, powerlessness, and loss of Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 enjoyment of life. Plaintiff has incurred and/or will continue to incur, expenses for medical and 15 psychological treatment, therapy and counseling. 16 40. Plaintiff is informed and believes that the aforesaid acts directed towards the 17 Plaintiff were carried out with a conscious disregard of Plaintiff's right to be free from such 18 tortious and criminal behavior, such as to constitute oppression, fraud and/or malice pursuant 19 to California Civil Code Section 3294, entitling Plaintiffs to punitive damages. 20 Fourth Cause of Action 21 Intentional Infliction of Emotional Distress 22 (Against All Defendants) 23 41. Plaintiffs incorporate all paragraphs of this Complaint as though fully set forth 24 herein; 25 42. Plaintiff is informed and believe, and thereon allege, that the actions of 26 Defendant Arthur Hernandez, as aforesaid, were intentional, extreme, and outrageous. Plaintiff 27 is further informed and believe, and thereon allege, that such actions were done with the intent 28 to cause serious emotional distress or with reckless disregard of the probability of causing 9 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 Plaintiff serious emotional distress. 2 43. As a direct result of the wrongful conduct alleged herein, Plaintiff has suffered, 3 and continue to suffer, severe emotional distress, physical manifestations of emotional distress, 4 shock, embarrassment, loss of self-esteem, disgrace, humiliation, powerlessness, and loss of 5 enjoyment of life. Plaintiff's severe emotional distress prevents her from performing daily 6 activities and obtaining the full enjoyment of life. Plaintiff has incurred and/or will continue to 7 incur, expenses for medical and psychological treatment, therapy and counseling. 8 44. Defendant, Arthur Hernandez, was, at all relevant times alleged herein, 9 employed and/or an agent of Defendants The Neck and Back Center, Hernandez Chiropractic 10 Spinal Decompression, Inc, and/or Does 1-50, inclusive, as a treating chiropractor at the 11 medical facility. At the time of the incidents against Plaintiff, Arthur Hernandez was acting in 12 the course and scope of his employment and/or agency with Defendants, The Neck and Back 3055 Wilshire Blvd, 12th Floor 13 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive, Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 and/or with the express or implied authority and permission of Defendants, The Neck and Back 15 Center, Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive. 16 45. Plaintiff is informed and believe that the aforesaid acts directed towards the 17 Plaintiff were carried out with a conscious disregard of Plaintiff's right to be free from such 18 tortious and criminal behavior, such as to constitute oppression, fraud and/or malice pursuant 19 to California Civil Code Section 3294, entitling Plaintiff to punitive damages. 20 Fifth Cause of Action 21 Negligent Infliction of Emotional Distress 22 (Against All Defendants) 23 46. Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as 24 though set forth in full herein. 25 47. Defendant, Arthur Hernandez, acted outrageously, with the intent, or reckless 26 and/or negligent disregard, to cause Plaintiff severe emotional distress. 27 48. As a direct legal and proximate result of Defendant’s conduct, Plaintiff actually 28 suffered mental anguish, emotional distress, and injury to her mind. As a result of such conduct. 10 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 49. As a direct result of the wrongful conduct alleged herein. Plaintiff has suffered, 2 and continue to suffer, severe emotional distress, physical manifestations of emotional distress, 3 shock, embarrassment, loss of self-esteem, disgrace, humiliation, powerlessness, and loss of 4 enjoyment of life. Plaintiff's severe emotional distress prevents her from performing daily 5 activities and obtaining the full enjoyment of life. Plaintiff has incurred and/or will continue to 6 incur, expenses for medical and psychological treatment, therapy and counseling. 7 50. Defendant, Arthur Hernandez, was, at all relevant times alleged herein, employed 8 and/or an agent of Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 9 Decompression, Inc, and/or Does 1-50, inclusive, as a treating chiropractor at the medical 10 facility. At the time of the incidents against Plaintiff, Arthur Hernandez was acting in the course 11 and scope of his employment and/or agency with Defendants, The Neck and Back Center, 12 Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive, and/or with the 3055 Wilshire Blvd, 12th Floor 13 express or implied authority and permission of Defendants, The Neck and Back Center, Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 Hernandez Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive. 15 51. Plaintiff is informed and believe that the aforesaid acts directed towards the 16 Plaintiff were carried out with a conscious disregard of Plaintiff's right to be free from such 17 tortious and criminal behavior, such as to constitute oppression, fraud and/or malice pursuant to 18 California Civil Code Section 3294, entitling Plaintiff to punitive damages. 19 Sixth Cause of Action 20 Premises Liability 21 [Against All Defendants] 22 52. Plaintiff incorporates herein by reference, as though fully set forth at length, each 23 and every allegation and statement contained in the preceding paragraphs. 24 53. At all times alleged herein, Defendants, The Neck and Back Center, Hernandez 25 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive were in possession of the 26 property where Plaintiff was assaulted, and had the right to manage, use and control that 27 property in such a manner so as to avoid exposing patients to unreasonable risk of harm. 28 /// 11 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 54. At all times alleged herein, Defendants The Neck and Back Center, Hernandez 2 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive knew or should have 3 known that Arthur Hernandez was acting inappropriately with patients, and that any patient at 4 the medical facility was at risk to be sexually assaulted by Defendant Arthur Hernandez. 5 55. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 6 Decompression, Inc, and/or Does 1-50, inclusive, knew or should have known that Arthur 7 Hernandez was repeatedly committing sexual assaults of patients at the medical facility, 8 including Plaintiffs. 9 56. It was foreseeable to the Defendants, The Neck and Back Center, Hernandez 10 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive that Arthur Hernandez 11 would continue to sexually assault patients if he was permitted to continue treating, 12 supervising, instructing, caring for, and having custody and/or control over patients, including 3055 Wilshire Blvd, 12th Floor 13 Plaintiff. Accordingly, Defendants The Neck and Back Center, Hernandez Chiropractic Spinal Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 Decompression, Inc, and/or Does 1-50, inclusive, owed a duty of care to all patients, including 15 Plaintiff. 16 57. By allowing Defendant Arthur Hernandez to continue treating, supervising, 17 instructing, caring for, and having custody and/or control over patients, including Plaintiff, 18 Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal Decompression, Inc, 19 and/or Does 1-50, inclusive, breached their duty of care to all patients, including Plaintiff. 20 58. As a direct, legal, and proximate result of the negligent acts and/or omissions of 21 Defendants, Plaintiff suffered severe injuries and damages. 22 59. Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 23 Decompression, Inc, and/or Does 1-50, inclusive, negligently used and managed the premises 24 of the medical facility, and created a dangerous situation and an unreasonable risk of harm to 25 patients, by allowing Arthur Hernandez to continue treating, supervising, instructing, caring 26 for, and having custody and/or control over patients, including Plaintiff. Plaintiff is informed 27 and believes that the small treating room was an unsupervised location, which contained a 28 small room where Arthur Hernandez was able to sexually assault patients, including Plaintiff. 12 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 60. As a result of the dangerous conditions created by the Defendants, numerous 2 patients, including Plaintiff, were sexually assaulted by Arthur Hernandez. Said dangerous 3 conditions was a proximate cause of Plaintiffs' injuries and damages. 4 61. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 5 Decompression, Inc, and/or Does 1-50, inclusive, had a duty not to hire and /or retain Arthur 6 Hernandez, and other employees, agents, volunteers and other representatives, given Arthur 7 Hernandez’s dangerous and exploitive propensities. 8 62. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 9 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 10 employees, knew or reasonably should have known of Arthur Hernandez’s dangerous and 11 exploitive propensities and/or that Arthur Hernandez was a dangerous and unfit agent and/or 12 employee. Despite such knowledge, defendants The Neck and Back Center, Hernandez 3055 Wilshire Blvd, 12th Floor 13 Chiropractic Spinal Decompression, Inc, and/or Does 1-50, inclusive, negligently hired and Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 retained Arthur Hernandez in positions of trust and authority as a treating chiropractor, and 15 authority figure. 16 63. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 17 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 18 employees knew, or should have known, that Arthur Hernandez was acting inappropriately 19 with patients. Defendants failed to investigate Arthur Hernandez and continued to employ 20 Arthur Hernandez despite evidence that his conduct was inappropriate. 21 64. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 22 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 23 employees, failed to use reasonable care in investigating Arthur Hernandez, and failed to 24 provide adequate warning to Plaintiff, of Arthur Hernandez’s dangerous propensities and 25 unfitness. Arthur Hernandez was thereby able to abuse his positions of trust and authority so as 26 to commit wrongful acts against the Plaintiff. 27 65. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 28 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 13 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 employees, further failed to take reasonable measures to prevent further sexual abuse. 2 66. The Defendants, The Neck and Back Center, Hernandez Chiropractic Spinal 3 Decompression, Inc, and/or Does 1-50, inclusive, by and through their agents, servants and 4 employees, knew or reasonably should have known, of Arthur Hernandez’s dangerous and 5 exploitive propensities and/or that Arthur Hernandez was a dangerous and unfit agent. 6 Defendants knew, or should have known, that Arthur Hernandez was acting inappropriately 7 with patients. Defendants failed to train Arthur Hernandez how to act appropriately with 8 patients. Further, despite such knowledge, defendants negligently failed to supervise, or 9 provide reasonable supervision of, Arthur Hernandez, failed to use reasonable care in 10 investigating Arthur Hernandez, failed to provide adequate warning to Plaintiff, of Arthur 11 Hernandez’s dangerous propensities and unfitness, and allowed Arthur Hernandez to remain in 12 positions of trust and authority as a agent and/or employee of Defendants as a treating 3055 Wilshire Blvd, 12th Floor 13 physician and authority figure. Arthur Hernandez was thereby able to abuse his positions of Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 trust and authority so as to commit wrongful acts against the Plaintiff. Defendants further failed 15 to take reasonable measures to prevent further sexual abuse. 16 67. As a direct result of the wrongful conduct alleged herein. Plaintiff has suffered, 17 and continue to suffer, severe emotional distress, physical manifestations of emotional distress, 18 shock embarrassment, loss of self-esteem', disgrace, humiliation, powerlessness, and loss of 19 enjoyment of life. Plaintiff has incurred and/or will continue to incur, expenses for medical 20 and psychological treatment, therapy and counseling. 21 22 23 24 25 26 /// 27 /// 28 /// 14 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 WHEREFORE, Plaintiff OLIVIA RETAMOZA VASQUEZ hereby prays for judgment 2 against all Defendants and each of them as follows: 3 1. For all past and future economic damages including, but not limited to all past 4 and future wage loss, loss of earning capacity, and past and future medical expenses. 5 2. For all past and future non-economic damages according to proof. 6 3. For all prejudgment and post-judgment interest as allowed by law. 7 4. For punitive damages 8 5. For costs of suit incurred herein. 9 6. For such other and further relief as the Court deems just and proper. 10 11 DATED: September 23, 2020 WILSHIRE LAW FIRM 12 3055 Wilshire Blvd, 12th Floor 13 Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC By: 14 Gail W. Richardson, Esq. Attorneys for Plaintiff 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES 1 DEMAND FOR JURY TRIAL 2 Plaintiff demands a trial by jury in this action. 3 4 DATED: September 23, 2020 WILSHIRE LAW FIRM 5 6 By: 7 Gail W. Richardson, Esq. Attorneys for Plaintiff 8 9 10 11 12 3055 Wilshire Blvd, 12th Floor 13 Los Angeles, CA 90010-1137 WILSHIRE LAW FIRM, PLC 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 PLAINTIFF OLIVIA RETAMOZA VASQUEZ’S COMPLAINT FOR DAMAGES