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PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
. _ BRIAN K. ROSS, ESQ. (SBN 163940)
LAW OFFICES OF BRIAN K. ROSS
1124 EAST 14TH STREET, SUITE B
SAN LEANDRO, CALIFORNIA 94577
TELEPHONE NO: 510.483.3900 FAX NO. (Optional): 510.483.3903
E-MAIL ADDRESS (Optional): bkrlaw@hotmail.com
ATTORNEY FOR (Name: HEIDI OATIS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
streetaopress: 24405 AMADOR STREET
maine appRess: 24405 AMADOR STREET
city anpzipcov: HAYWARD, CALIFORNIA 94544 FILED
arancH name: HAYWARD HALL OF JUSTICE ALAMEDA COUNTY
PLAINTIFF: HEIDI OATIS pac
rm aA 2
DEFENDANT: A PERFECT DAY SPA, business fm unknown; DEC 1? 2008
HEMANT DOE; F THE SUPERIOR GQURT
DOES1TO 25 .
COMPLAINT—Personal Injury, Property Damage, Wrongful Death |
[__] AMENDED (Number):
Type (check all that apply):
[(__] MOTOR VEHICLE OTHER (specify):
[] Property Damage [__] Wrongful Death
[__] Personal Injury Other Damages (specify): INTENTIONAL
Jurisdiction (check all that apply): TORT (SEXUAL‘’.BATTERY ); CASE NUMBER:
[__] ACTION IS A LIMITED CIVIL CASE GEN. NEGLIGENCE; PREMISES
Amount demanded [__]| does not exceed $10,000 , ABILITY
{__] 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 HG 0 8 4 2584 9
L_] from limited to unlimited
[_] from unlimited to limited
1. Plaintiff (name or names): HEIDI OATIS
alleges causes of action against defendant (name or names):
A PERFECT DAY SPA, business form unknown; HEMANT DOE
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) L__] a public entity (describe):
(4) [J] aminor [__] anadult
(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) (-_Jaminor [_] anadult
(a) [-_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
(b) [__] other (specify):
(5) (__] other (specify):
[1] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 10f3
Form Approved for Optional Use __| i Code of Civil Procedure, § 425.12
“judicial Council of California COMPLAINT—Personal Injury, Property y umeourie ead
PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death
American LegalNet, Inc.
www.FamsWorkfiow.com
PLD-PI-001
SHORT TITLE: CASE NUMBER:
OATIS V. A PERFECT DAY SPA
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); A PERFECT DAY SBA] except defendant (name):
(1) a business organization, form unknown (1) [-_] a business organization, form unknown
(2) [J acormoration - (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): 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): 1-12 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): 13-25 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. [__] atleast one defendant now resides in its jurisdictional area.
. [__] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area.
aoe
injury to person or damage to personal property occurred in its jurisdictional area.
. {7} 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:
OATIS V. A PERFECT DAY SPA
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):
. [-_] Motor Vehicle
General Negligence
7~poaoTp
Intentional Tort
[__] Products Liability
Premises Liability
{__] Other (specify):
11. Plaintiff has suffered _
wage loss
aogc®
[__] loss of use of property
hospital and medical expenses
general damage
[__] property damage
loss of earning capacity -
arp
other damage (specify):
EMOTIONAL DISTRESS
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):
Date: 10-31 -08
BRIAN K. ROSS, ESQ. >
(TYPE OR PRINT NAME) NW "(SIGNATURE OF PLAINTIFF OR ATTORNEY)
PLO-P1-001 [Rev. January 1, 2007} COMPLAINT—Personal Injury, Property Page 3 of 3
Damage, Wrongful Death
PLD-PI-001(2)
SHORT TITLE: . CASE NUMBER:
OATIS V. A PERFECT DAY SPA
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 (aame): HEIDI OATIS
alleges that defendant (name): A PERFECT DAY SPA; HEMANT DOE
Does 1 to 25
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): ON OR ABOUT 11-17-07
at (place): "A PERFECT DAY SPA" 39039 PASEO PADRE PARKWAY, FREMONT, CA
(description of reasons for liability):
a. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named
defendants is responsible in some manner for the acts and occurrences alleged in this cause of
action, and that plaintiffs damages as herein alleged were proximately caused by those
defendants. Each reference in this cause of action to "defendant," "defendants," or a specifically
named defendant refers also to all defendants sued under fictitious names.
b. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned,
defendant HEMANT DOE was the employee and agent of defendant A PERFECT DAY SPA,
and in doing the things hereinafter alleged, was acting within the course and scope of that agency.
c. At all times herein mentioned, defendant A PERFECT DAY SPA was negligent in the hiring
of its employee, defendant HEMANT DOE, who at the time and place stated above, inserted his
finger and/or other foreign object and/or device into plaintiff's anus without her consent while she
laid unconscious as hereinafter alleged.
d. Atall times herein mentioned, defendant A PERFECT DAY SPA was negligent in the
supervision of its employee, defendant HEMANT DOE, who at the time and place stated above,
inserted his finger and/or foreign object and/or device into plaintiff's anus without her consent
while she laid unconscious as hereinafter alleged.
e. At all times herein mentioned, defendant HEMANT DOE acted carelessly and negligently by
the actions alleged herein, to and including the act of inserting his finger and/or foreign object
and/or device into plaintiff's anus without her consent at the time and place stated above.
Page 1 of 1
Form Approved for Optional Use . Code of Civil Procedure 425.12
“judioci Council of California CAUSE OF ACTION—General Negligence www courtinfo.ca
gov
PLD-P1-001(2) (Rev. January 1, 2007)
American LegaiNet, Inc.
www.FormsWorkfiow.com
OY
PLD-P1-001(3)
SHORT TITLE: CASE NUMBER
OATIS V. A PERFECT DAY SPA
SECOND CAUSE OF ACTION—Intentional Tort Page 5
(number) SEXUAL BATTERY
ATTACHMENT TO Complaint [_] Cross
- Complaint
(Use a separate cause of action form for each cause of action.)
IT-1. Piaintiff (name): HEIDI OATIS
alleges that defendant (name). HEMANT DOE
Does | to 25
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}ON OR ABOUT 11-17-07
at (place)"A PERFECT DAY SPA" 39039 PASEO PADRE PARKWAY, FREMONT, CA
(description of reasons for liability):
a. Plaintiff is informed a believes and thereon alleges that each of the fictitiously named defendants
is responsible in some manner for the acts and occurrences alleged in this cause of action, and that
plaintiff's damages as herein alleged were proximately caused by those defendants. Each reference in
this cause of action to "defendant," "defendants," or a specifically named defendant refers also to all
defendants sued under fictitious names.
b. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, defendant
HEMANT DOE was the employee and agent of defendant A PERFECT DAY SPA, and in doing the
things hereinafter alleged, was acting within the course and scope of that agency.
c. At the time and place stated above, defendant HEMANT DOE acted with the intent to cause
harmful and offensive contact with plaintiff's anus, in that while plaintiff laid unconscious, defendant
HEMANT DOE inserted his finger and/or other foreign object and/or device into plaintiff's anus,
directly resulting in sexually offensive contact with plaintiff.
d. At no time did plairitiff consent to any of the acts of the defendant alleged above.
Page 1 of 1
Form Approved for Optional Use
Judicial Council of Catifomia CAUSE OF ACTION-Intentionai Tort Code of Civil www.courtinio.ca.gov
Procedure, § 425.12
PLD-Pt-001(3) (Rev. January 1, 2007)
American LegalNet, Inc.
www.FornnsWorkflow.com
PLD-PI-001(4)
SHORT TITLE: ; CASE NUMBER:
OATIS V. A PERFECT DAY SPA
THIRD CAUSE OF ACTION—Premises Liability Page 6
(number)
ATTACHMENT TO Complaint | [__] Cross - Complaint
(Use a separate cause of action form for each cause of action.)
Prem.L-1. Plaintiff (game): HEIDI OATIS
alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff.
On (date): ON OR ABOUT 11-17-07 plaintiff was injured on the following premises in the following
fashion (description of premises and circumstances of injury):
"A PERFECT DAY SPA" located at 39039 Paseo Padre Parkway, Fremont, CA. At the time
and place herein before stated, defendant HEMANT DOE inserted his finger and/or foreign
object and/or device into plaintiff's anus, while plaintiff laid unconscious.
Prem.L-2. Count One—Negligence The defendants who negligently owned, maintained, managed and
operated the described premises were (names):
A PERFECT DAY SPA
Does | to 25
Prem.L-3. L_] Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully
or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were
(names):
[1] Does to
Plaintiff, a recreational user, was [__] an invited guest Loja paying guest.
Prem.L-4. [-} Count Three—Dangerous Condition of Public Property The defendants who owned public property
on which a dangerous condition existed were (names):
[]Does to
a. L_] The defendant public entity had [__] actual [__] constructive notice of the existence of the
dangerous condition in sufficient time prior to the injury to have corrected it.
b. L__] The condition was created by employees of the defendant public entity.
Prem.L-5. a. Allegations about Other Defendants The defendants who were the agents and employees of the
other defendants and acted within the scope of the agency were (names):
HEMANT DOE
Does | to 25
b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are
{ "] described in attachment Prem.L-5.b as follows (names):
DOES 1 TO 25
Page 1 of 1
Form
onicA Counuil of Caltfemia
d for Optional U
CAUSE OF ACTION—Premises
i
Liability
i ili
Code of Civivi Procedure,§ 428.12
PLO-PI-001(4) [Rev. January
1, 2007} - —
American LegaiNet, Inc.
www.FormsWorkflow.com
PLD-PI-001(6)
SHORT TITLE: CASE NUMBER:
OATIS V. A PERFECT DAY SPA
Exemplary Damages Attachment Page 7
ATTACHMENT TO Complaint [__} Cross
- Complaint
EX-1. As additional damages against defendant (name):
A PERFECT DAY SPA; HEMANT DOE
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:
On or about 11-17-2007, while employed by defendant A PERFECT DAY SPA, defendant
HEMANT DOE inserted his finger and/or foreign object and/or device into plaintiff's anus while
she laid unconscious at the premises of "A PERFECT DAY SPA" located at 39039 Paseo Padre
Parkway, Fremont, CA.
EX-3. The amount of exemplary damages sought is
a. not shown, pursuant to Code of Civil Procedure section 425.10.
b. LJ] $
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure, § 425.12
Judicial Council of California Exemplary Damages Attachment www.courtinfo.ca.gov
PLO-PI-001(6) {Rev. January 1, 2007]
American LegalNet, Inc.
www.FormsWorkflow.com
Verification
I, the undersigned, hereby declare:
Tam the Plaintiff in the above-entitled matter.
I have read the foregoing Complaint, and know the contents thereof; the allegations are true and
correct to my own knowledge. .
Executed on November 12, 2008, at San Leandro, California. I declare under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
10 ~~ oon OO ;
Heidi Oatis
11
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Verification
Preview
e | Cn ; PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY . _ BRIAN K. ROSS, ESQ. (SBN 163940) LAW OFFICES OF BRIAN K. ROSS 1124 EAST 14TH STREET, SUITE B SAN LEANDRO, CALIFORNIA 94577 TELEPHONE NO: 510.483.3900 FAX NO. (Optional): 510.483.3903 E-MAIL ADDRESS (Optional): bkrlaw@hotmail.com ATTORNEY FOR (Name: HEIDI OATIS SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA streetaopress: 24405 AMADOR STREET maine appRess: 24405 AMADOR STREET city anpzipcov: HAYWARD, CALIFORNIA 94544 FILED arancH name: HAYWARD HALL OF JUSTICE ALAMEDA COUNTY PLAINTIFF: HEIDI OATIS pac rm aA 2 DEFENDANT: A PERFECT DAY SPA, business fm unknown; DEC 1? 2008 HEMANT DOE; F THE SUPERIOR GQURT DOES1TO 25 . COMPLAINT—Personal Injury, Property Damage, Wrongful Death | [__] AMENDED (Number): Type (check all that apply): [(__] MOTOR VEHICLE OTHER (specify): [] Property Damage [__] Wrongful Death [__] Personal Injury Other Damages (specify): INTENTIONAL Jurisdiction (check all that apply): TORT (SEXUAL‘’.BATTERY ); CASE NUMBER: [__] ACTION IS A LIMITED CIVIL CASE GEN. NEGLIGENCE; PREMISES Amount demanded [__]| does not exceed $10,000 , ABILITY {__] 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 HG 0 8 4 2584 9 L_] from limited to unlimited [_] from unlimited to limited 1. Plaintiff (name or names): HEIDI OATIS alleges causes of action against defendant (name or names): A PERFECT DAY SPA, business form unknown; HEMANT DOE 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) L__] a public entity (describe): (4) [J] aminor [__] anadult (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) (-_Jaminor [_] anadult (a) [-_] for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) [__] other (specify): (5) (__] other (specify): [1] Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 10f3 Form Approved for Optional Use __| i Code of Civil Procedure, § 425.12 “judicial Council of California COMPLAINT—Personal Injury, Property y umeourie ead PLD-PI-001 [Rev. January 1, 2007] Damage, Wrongful Death American LegalNet, Inc. www.FamsWorkfiow.com PLD-PI-001 SHORT TITLE: CASE NUMBER: OATIS V. A PERFECT DAY SPA 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); A PERFECT DAY SBA] except defendant (name): (1) a business organization, form unknown (1) [-_] a business organization, form unknown (2) [J acormoration - (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): 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): 1-12 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): 13-25 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. [__] atleast one defendant now resides in its jurisdictional area. . [__] the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. aoe injury to person or damage to personal property occurred in its jurisdictional area. . {7} 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: OATIS V. A PERFECT DAY SPA 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): . [-_] Motor Vehicle General Negligence 7~poaoTp Intentional Tort [__] Products Liability Premises Liability {__] Other (specify): 11. Plaintiff has suffered _ wage loss aogc® [__] loss of use of property hospital and medical expenses general damage [__] property damage loss of earning capacity - arp other damage (specify): EMOTIONAL DISTRESS 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): Date: 10-31 -08 BRIAN K. ROSS, ESQ. > (TYPE OR PRINT NAME) NW "(SIGNATURE OF PLAINTIFF OR ATTORNEY) PLO-P1-001 [Rev. January 1, 2007} COMPLAINT—Personal Injury, Property Page 3 of 3 Damage, Wrongful Death PLD-PI-001(2) SHORT TITLE: . CASE NUMBER: OATIS V. A PERFECT DAY SPA 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 (aame): HEIDI OATIS alleges that defendant (name): A PERFECT DAY SPA; HEMANT DOE Does 1 to 25 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): ON OR ABOUT 11-17-07 at (place): "A PERFECT DAY SPA" 39039 PASEO PADRE PARKWAY, FREMONT, CA (description of reasons for liability): a. Plaintiff is informed and believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the acts and occurrences alleged in this cause of action, and that plaintiffs damages as herein alleged were proximately caused by those defendants. Each reference in this cause of action to "defendant," "defendants," or a specifically named defendant refers also to all defendants sued under fictitious names. b. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, defendant HEMANT DOE was the employee and agent of defendant A PERFECT DAY SPA, and in doing the things hereinafter alleged, was acting within the course and scope of that agency. c. At all times herein mentioned, defendant A PERFECT DAY SPA was negligent in the hiring of its employee, defendant HEMANT DOE, who at the time and place stated above, inserted his finger and/or other foreign object and/or device into plaintiff's anus without her consent while she laid unconscious as hereinafter alleged. d. Atall times herein mentioned, defendant A PERFECT DAY SPA was negligent in the supervision of its employee, defendant HEMANT DOE, who at the time and place stated above, inserted his finger and/or foreign object and/or device into plaintiff's anus without her consent while she laid unconscious as hereinafter alleged. e. At all times herein mentioned, defendant HEMANT DOE acted carelessly and negligently by the actions alleged herein, to and including the act of inserting his finger and/or foreign object and/or device into plaintiff's anus without her consent at the time and place stated above. Page 1 of 1 Form Approved for Optional Use . Code of Civil Procedure 425.12 “judioci Council of California CAUSE OF ACTION—General Negligence www courtinfo.ca gov PLD-P1-001(2) (Rev. January 1, 2007) American LegaiNet, Inc. www.FormsWorkfiow.com OY PLD-P1-001(3) SHORT TITLE: CASE NUMBER OATIS V. A PERFECT DAY SPA SECOND CAUSE OF ACTION—Intentional Tort Page 5 (number) SEXUAL BATTERY ATTACHMENT TO Complaint [_] Cross - Complaint (Use a separate cause of action form for each cause of action.) IT-1. Piaintiff (name): HEIDI OATIS alleges that defendant (name). HEMANT DOE Does | to 25 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}ON OR ABOUT 11-17-07 at (place)"A PERFECT DAY SPA" 39039 PASEO PADRE PARKWAY, FREMONT, CA (description of reasons for liability): a. Plaintiff is informed a believes and thereon alleges that each of the fictitiously named defendants is responsible in some manner for the acts and occurrences alleged in this cause of action, and that plaintiff's damages as herein alleged were proximately caused by those defendants. Each reference in this cause of action to "defendant," "defendants," or a specifically named defendant refers also to all defendants sued under fictitious names. b. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, defendant HEMANT DOE was the employee and agent of defendant A PERFECT DAY SPA, and in doing the things hereinafter alleged, was acting within the course and scope of that agency. c. At the time and place stated above, defendant HEMANT DOE acted with the intent to cause harmful and offensive contact with plaintiff's anus, in that while plaintiff laid unconscious, defendant HEMANT DOE inserted his finger and/or other foreign object and/or device into plaintiff's anus, directly resulting in sexually offensive contact with plaintiff. d. At no time did plairitiff consent to any of the acts of the defendant alleged above. Page 1 of 1 Form Approved for Optional Use Judicial Council of Catifomia CAUSE OF ACTION-Intentionai Tort Code of Civil www.courtinio.ca.gov Procedure, § 425.12 PLD-Pt-001(3) (Rev. January 1, 2007) American LegalNet, Inc. www.FornnsWorkflow.com PLD-PI-001(4) SHORT TITLE: ; CASE NUMBER: OATIS V. A PERFECT DAY SPA THIRD CAUSE OF ACTION—Premises Liability Page 6 (number) ATTACHMENT TO Complaint | [__] Cross - Complaint (Use a separate cause of action form for each cause of action.) Prem.L-1. Plaintiff (game): HEIDI OATIS alleges the acts of defendants were the legal (proximate) cause of damages to plaintiff. On (date): ON OR ABOUT 11-17-07 plaintiff was injured on the following premises in the following fashion (description of premises and circumstances of injury): "A PERFECT DAY SPA" located at 39039 Paseo Padre Parkway, Fremont, CA. At the time and place herein before stated, defendant HEMANT DOE inserted his finger and/or foreign object and/or device into plaintiff's anus, while plaintiff laid unconscious. Prem.L-2. Count One—Negligence The defendants who negligently owned, maintained, managed and operated the described premises were (names): A PERFECT DAY SPA Does | to 25 Prem.L-3. L_] Count Two—Willful Failure to Warn [Civil Code section 846] The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition, use, structure, or activity were (names): [1] Does to Plaintiff, a recreational user, was [__] an invited guest Loja paying guest. Prem.L-4. [-} Count Three—Dangerous Condition of Public Property The defendants who owned public property on which a dangerous condition existed were (names): []Does to a. L_] The defendant public entity had [__] actual [__] constructive notice of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it. b. L__] The condition was created by employees of the defendant public entity. Prem.L-5. a. Allegations about Other Defendants The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names): HEMANT DOE Does | to 25 b. The defendants who are liable to plaintiffs for other reasons and the reasons for their liability are { "] described in attachment Prem.L-5.b as follows (names): DOES 1 TO 25 Page 1 of 1 Form onicA Counuil of Caltfemia d for Optional U CAUSE OF ACTION—Premises i Liability i ili Code of Civivi Procedure,§ 428.12 PLO-PI-001(4) [Rev. January 1, 2007} - — American LegaiNet, Inc. www.FormsWorkflow.com PLD-PI-001(6) SHORT TITLE: CASE NUMBER: OATIS V. A PERFECT DAY SPA Exemplary Damages Attachment Page 7 ATTACHMENT TO Complaint [__} Cross - Complaint EX-1. As additional damages against defendant (name): A PERFECT DAY SPA; HEMANT DOE 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: On or about 11-17-2007, while employed by defendant A PERFECT DAY SPA, defendant HEMANT DOE inserted his finger and/or foreign object and/or device into plaintiff's anus while she laid unconscious at the premises of "A PERFECT DAY SPA" located at 39039 Paseo Padre Parkway, Fremont, CA. EX-3. The amount of exemplary damages sought is a. not shown, pursuant to Code of Civil Procedure section 425.10. b. LJ] $ Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, § 425.12 Judicial Council of California Exemplary Damages Attachment www.courtinfo.ca.gov PLO-PI-001(6) {Rev. January 1, 2007] American LegalNet, Inc. www.FormsWorkflow.com Verification I, the undersigned, hereby declare: Tam the Plaintiff in the above-entitled matter. I have read the foregoing Complaint, and know the contents thereof; the allegations are true and correct to my own knowledge. . Executed on November 12, 2008, at San Leandro, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 10 ~~ oon OO ; Heidi Oatis 11 13 14 15 16 17 18 19 25 26 27 28 Verification