Preview
Jordan Susman, Esq. (SBN 246116)
1 Margo Arnold, Esq. (SBN 278288)
NOLAN HEIMANN LLP
2 16000 Ventura Blvd. Ste. 1200
Encino, California 91423
3 Telephone: (818) 574-5710
E-mail:jsusman@nolanheimann.com
4 marnold@nolanheimann.com
5 Attorneys for Plaintiff
xxxxx xxxxxx
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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF SAN MATEO
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10 xxxxx xxxxxx, an individual, ) Case No.: 20-CIV-03890
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11 Plaintiff, )
) NOTICE OF MOTION AND MOTION
12 vs. ) FOR LEAVE TO AMEND COMPLAINT;
) APPENDIX OF PROPOSED CHANGES;
13 xxxxx xxxx, an individual, ) DECLARATION OF JORDAN SUSMAN
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14 Defendant. )
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15 ) Date: April 20, 2022
) Time: 2:00 p.m.
16 ) Place: Dept. 2
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17 ) Action filed: September 10, 2020
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MOTION TO AMEND COMPLAINT
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on April 20, 2022 at 2:00 p.m., or as soon thereafter as the matter
3 may be heard in Department 2 of the above-entitled Court, located at 400 County Center, Redwood City,
4 CA 94063, plaintiff xxxxx xxxxxx (“Dr. xxxxxx”) will, and hereby does, move the court for an order
5 granting leave to amend their complaint.
6 The motion is made pursuant to Code of Civil Procedure sections 128 and 473(a)(1) on the
7 ground that Dr. xxxxxx recently discovered facts to support additional causes of action against defendant
8 xxxxx xxxx.
9 The motion is based upon this Notice of Motion and Motion, the attached Memorandum of
10 Points and Authorities, the pleadings and records on file herein, and all other arguments and evidence
11 presented to the Court prior to or at the hearing.
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13 Dated: March 7, 2022 NOLAN HEIMANN, LLP
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By: _______________________________
15 Jordan Susman
Attorneys for Plaintiff
16 xxxxx xxxxxx
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MOTION TO AMEND COMPLAINT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION AND BACKGROUND
3 This lawsuit concerns Defendant xxxxx xxxx’s (“Defendant”) months-long campaign to harass,
4 defame, and otherwise destroy Plaintiff xxxxx xxxxxx’s (“Dr. xxxxxx”) life and reputation.
5 On September 10, 2020, plaintiff xxxxx xxxxxx (“Dr. xxxxxx”) filed his original complaint in
6 this action against defendant xxxxx xxxx (“Defendant”) for Civil Harassment, Defamation, and
7 Intentional Infliction of Emotional Distress.
8 Defendant evaded service for several months, forcing Dr. xxxxxx to expend time, money and
9 energy bringing a Motion to Serve Defendant by Publication, which was granted on February 22,
10 2021.
11 Defendant has denied every allegation in the Complaint and forced Dr. xxxxxx to obtain
12 evidence of her wrongdoing through the service of third-party subpoenas.
13 Notwithstanding Defendant’s denials, she continues to harass Dr. xxxxxx online, including
14 inter alia: posting false and defamatory online reviews of Dr. xxxxxx and his members of his family.
15 On January 31, 2022, Dr. xxxxxx received responsive documents from PayPal, showing that
16 Defendant illegally impersonated Dr. xxxxxx’s sister in violation of Penal Code section 528.5 and
17 converted monies belonging to Dr. xxxxxx. Susman Decl. ¶ 2 Ex. 1.
18 On February 28, 2022, Dr. xxxxxx’s counsel asked Defendant’s counsel if he would stipulate to
19 allow Dr. xxxxxx to amend. Susman Decl. ¶ 3 Ex. 2.
20 Not surprisingly, given Defendant’s history of obstructionism and gamesmanship, Defendant’s
21 counsel refused, arguing that allowing Dr. xxxxxx to amend the Complaint would somehow
22 “prejudice” Defendant. Id.
23 Dr. xxxxxx now seeks to amend the Complaint in this action to add causes of action for
24 Conversion and False Personation (Penal Code § 528.5). These new causes of action came to light
25 through discovery received from third parties in response to subpoenas. Susman Decl. ¶ 2 Ex. 1. Dr.
26 xxxxxx therefore requests an order permitting him to amend the operative Complaint in this action.
27 II. LEGAL STANDARD
28 A trial court has the inherent power to exercise a reasonable control over all proceedings
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MOTION TO AMEND COMPLAINT
1 connected with the litigation before it. Cal. Code Civ. Proc. § 128. Such power should be “exercised
2 by the courts in order to insure the orderly administration of justice.” Cooper v. Superior Court In &
3 For Los Angeles Cty., 55 Cal. 2d 291, 301 (1961).
4 The court “may, in furtherance of justice, and on any terms as may be proper, allow a party to
5 amend any pleading.” Cal. Code Civ. Proc. § 473(a)(1). Courts should exercise “great liberality” in
6 permitting amendments that will “facilitate the production of all the facts bearing upon the questions
7 involved in the action” without causing prejudice or undue delay. Price v. Mason McDuffie Co., 50
8 Cal. App. 2d 320, 325 (1942). “If the motion to amend is timely made and the granting of the
9 motion will not prejudice the opposing party, it is error to refuse permission to amend and
10 where the refusal also results in a party being deprived of the right to assert a meritorious cause
11 of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v.
12 Superior Court of Cal. In & For Los Angeles County, 172 Cal. App. 2d 527, 530 (1959) (emphasis
13 added). Dr. xxxxxx’s Motion is both timely and would result in no prejudice to Defendant.
14 III. DR. xxxxxx SHOULD BE PERMITTED TO AMEND THE COMPLAINT
15 First, this Motion is timely. This action was filed on September 10, 2021, and discovery was
16 delayed for months by Defendant’s gamesmanship: first evading services, and then failing to respond
17 to discovery for than eight (8) months. Susman Decl. ¶ 4 Ex. 3. On January 31, 2021, Dr. xxxxxx
18 learned new facts regarding Defendant’s tortious conduct in response to a subpoena served upon
19 PayPal. Susman Decl. ¶ 2 Ex. 1.
20 Second, Defendant will not be prejudiced if Dr. xxxxxx is granted leave to amend.
21 Allowing Dr. xxxxxx to amend the Complaint will not result in a delay of trial, the loss of critical
22 evidence, added costs of preparation, or increased burden of discovery. See Magpali v. Farmers
23 Group, Inc., 48 Cal. App. 4th 471, 486-88 (1996). In fact, allowing Dr. xxxxxx to amend the
24 Complaint will make this proceeding more efficient, as trial has not been set and Dr. xxxxxx continues
25 to diligently prepare for trial by serving subpoenas on third parties with information regarding
26 Defendant’s tortious conduct.
27 Third, Dr. xxxxxx will be prejudiced if leave to amend is not granted. If Dr. xxxxxx is
28 denied leave to amend, then he will be deprived of the right to assert two new meritorious causes of
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MOTION TO AMEND COMPLAINT
1 action. Dr. xxxxxx was not aware Defendant’s illegal impersonation of when he original filed this
2 action, nor was he aware that Defendant had converted monies belonging to him. Consequently,
3 denying him leave to amend would prevent him from asserting these new causes of action.
4 Fourth, the First Amended Complaint contains new facts that were discovered recently in
5 response to a subpoena served on a third party. These facts and circumstances concern
6 Defendant’s wrongful impersonation of Dr. xxxxxx’s sister and conversion of property belonging to
7 Dr. xxxxxx. Consequently, Dr. xxxxxx should be granted leave to amend.
8 III. CONCLUSION
9 Dr. xxxxxx respectfully requests that the Court exercise its discretion and permit the
10 amendment of the Complaint to add the new causes of action. Dr. xxxxxx further requests that the
11 proposed First Amended Complaint attached to the Susman Declaration as Exhibit 3 be deemed the
12 amended pleading and that it be deemed filed and served as of the date of the granting of the Motion.
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15 Dated: March 7, 2022 NOLAN HEIMANN, LLP
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By: _______________________________
17 Jordan Susman
Attorneys for Plaintiff
18 xxxxx xxxxxx
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MOTION TO AMEND COMPLAINT
1 APPENDIX OF PROPOSED CHANGES
2 Per California Rule of Court, Rule 3.1324, Hall proposes the following changes to the
3 Complaint:
4 A. “Mr. xxxxxx” has been changed to state “Dr. xxxxxx.” Passim.
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6 B. Page 6:18-21: Added the following to paragraph 30.b.:
7 Defendant sent a pseudonymous email communication under the name “Katie Ward,” to the
8 online dating site Coffee Meets Bagel alleging that Dr. xxxxxx sexually assaulted “Katie
9 Ward.” In addition, Defendant sent to Coffee Meets Bagel a fraudulent police report in which
10 she described the purported sexual assault
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12 C. Page 6:24-7:10: Added the following to paragraph 31:
13 During the pendency of this this action, Defendant’s harassment has continued, including:
14 a. April 28, 2021: Defendant posted a one-star review of Dr. xxxxxx’s father on
15 HealthGrades;
16 b. November 21, 2021: Defendant posted a one-star review of Dr. xxxxxx’s sister on
17 HealthGrades;
18 c. December 20, 2021: Defendant posted a one-star review of Dr. xxxxxx on WebMD, as
19 well eight other one-star reviews;
20 d. December 29, 2021: Defendant again caused the online dating site Hinge to ban Dr.
21 xxxxxx;
22 e. February 22, 2022: Defendant posted a false and defamatory one-star review on
23 HealthGrades regarding Dr. xxxxxx;
24 f. March 1, 2022: Defendant posted a false and defamatory one-star review on
25 HealthGrades regarding Dr. xxxxxx.
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27 D. Page 8:9-10: Added the following to paragraph 42:
28 Defendant falsely alleged that Dr. xxxxxx sexually assaulted a woman named “Katie Ward”
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MOTION TO AMEND COMPLAINT
1 E. Page 9:22-11:22: Add new paragraphs 50 through 70, stating:
2 THIRD CAUSE OF ACTION
3 (False Personation (Pen. Code §§ 528.5))
4 50. Dr. xxxxxx realleges and incorporates by reference the allegations contained in the
5 preceding paragraphs of this Complaint as if fully set forth herein.
6 51. Between December 11, 2019 and January 2, 2020, Defendant falsely impersonated Dr.
7 xxxxxx’s sister in correspondence with representatives of PayPal.
8 52. While falsely impersonating Dr. xxxxxx’s sister, Defendant delivered to PayPal a
9 fraudulent death certificate she created that purported Dr. xxxxxx to be deceased.
10 53. Defendant’s impersonation was credible, as PayPal believed that Defendant was Dr.
11 xxxxxx’s sister. As a result of Defendant’s false impersonation, and at Defendant’s request, PayPal
12 closed Dr. xxxxxx’s account and transferred all money in his account to the state.
13 54. Defendant knowingly and without consent, credibly impersonated Dr. xxxxxx’s sister by
14 electronic means for purposes of harming Dr. xxxxxx.
15 55. As a direct and proximate result of Defendant’s conduct, Dr. xxxxxx has suffered general
16 and special damages in an amount to be determined at trial.
17 56. As described herein, Defendant acted with malice or reckless disregard for Dr. xxxxxx’s
18 rights, thereby justifying an award of punitive damages.
19 FOURTH CAUSE OF ACTION
20 (Violation of Comprehensive Computer Data and Access Fraud Act (Pen. Code § 502(c), (e)(1)))
21 57. Dr. xxxxxx realleges and incorporates by reference the allegations contained in the
22 preceding paragraphs of this Complaint as if fully set forth herein.
23 58. Defendant knowingly accessed and without permission used data, computer, computer
24 system, and/or a computer network in order to execute a scheme to defraud, deceive, and wrongfully
25 control money, property, and/or data.
26 59. Defendant knowingly and without permission used the profile of another individual,
27 corporation, and/or entity in connection with the sending of one or more electronic mail messages
28 and thereby damaged or caused damage to computer data.
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MOTION TO AMEND COMPLAINT
1 60. Dr. xxxxxx was harmed as a result of Defendant’s conduct, and Defendant’s conduct was
2 a substantial factor in causing Defendant’s harm.
3 61. As described herein, Defendant acted with fraud, malice or reckless disregard for Dr.
4 xxxxxx’s rights, thereby justifying an award of punitive damages.
5 FIFTH CAUSE OF ACTION
6 (Conversion)
7 62. Dr. xxxxxx realleges and incorporates by reference the allegations contained in the
8 preceding paragraphs of this Complaint as if fully set forth herein.
9 63. At all relevant times, Dr. xxxxxx had ownership rights in, or the right to possess, money
10 in his PayPal account. This is a specific sum capable of identification through an accounting of Dr.
11 xxxxxx’s PayPal account.
12 64. Defendant wrongfully exercised dominion over money in Dr. xxxxxx’s PayPal account.
13 65. Defendant intentionally and substantially interfered with Dr. xxxxxx’s rights by
14 contacting PayPal under the guise of being Dr. xxxxxx’s sister, reporting Dr. xxxxxx dead, and
15 requesting that Dr. xxxxxx’s money be transferred to the state.
16 66. Dr. xxxxxx did not consent to Defendant’s actions as described above
17 67. Dr. xxxxxx suffered harm through Defendant’s actions.
18 68. Defendant’s conduct was a substantial factor in causing Dr. xxxxxx’s harm.
19 69. As a direct and proximate result of Defendant’s conduct as above-described, Dr. xxxxxx
20 has been damaged in a sum which is presently unascertained. Dr. xxxxxx is entitled to actual
21 damages sustained as a result of Defendant’s wrongful acts, including sums sufficient to compensate
22 Dr. xxxxxx for all harm suffered as a result of Defendants’ conduct, and punitive damages.
23 70. In committing the acts alleged, Defendant acted with full knowledge of, and with reckless
24 disregard for, the consequences and damages inflicted upon Dr. xxxxxx, and Defendant’s conduct
25 was willful, oppressive and malicious, such as to entitle Dr. xxxxxx an award of punitive damages in
26 an amount to punish Defendant and deter Defendant and to serve as an example to others similarly
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MOTION TO AMEND COMPLAINT
1 F. Page 12:13-14: Added to Prayer for Relief 1:
2 including inter alia compensation for the time and money expended in pursuit of property
3 converted by Defendant
4 G. Page 12:18: Added to Prayer for Relief 3:
5 For reasonable attorney’s fees
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MOTION TO AMEND COMPLAINT
1 DECLARATION OF JORDAN SUSMAN
2 I, Jordan Susman, do hereby declare:
3 1. I am an attorney at law duly licensed to practice before all courts of the State of
4 California. I am a partner at Nolan Heimann LLP (“Nolan Heimann”), attorneys of record for plaintiff
5 xxxxx xxxxxx (“Dr. xxxxxx”) in this action. As an attorney at Nolan Heimann, I have access to, and have
6 personally worked on, the records and files in this action (the “Action”). The files and records of Nolan
7 Heimann as they pertain to the Action are prepared by Nolan Heimann under my direct supervision, at
8 or near the time of the events recorded. As to the following facts, I know them to be true of my own
9 knowledge or I have gained knowledge from records and files of Nolan Heimann which are maintained
10 in the ordinary course of the business of said law firm. If called upon to testify, I would and could
11 testify competently to the facts set forth herein.
12 2. Attached hereto as Exhibit 1 is a true and correct copy of documents I received by email
13 from PayPal in response to a subpoena. The documents show an email conversation between Defendant
14 pretending to be Dr. xxxxxx’s sister, Kavita, and a representative of PayPal. In the correspondence,
15 Defendant falsely stated that Dr. xxxxxx is dead and requested that his assets be transferred to the State
16 of California.
17 3. Attached hereto as Exhibit 2 is a true and correct copy of my February 28, 2022 email to
18 Anthony Calero, counsel for Defendant in which I asked if he would stipulate to Dr. xxxxxx filing an
19 Amended Complaint (and which contained an earlier version of the Amended Complaint), and Mr.
20 Calero’s response on March 3, in which he denied my request.
21 4. Defendant evaded service at her home in Ohio for several months, causing Dr. xxxxxx to
22 expend time, money and energy on a motion to serve by publication that was granted by this Court.
23 Defendant subsequently failed and refused to answer basic discovery for eight months. For example,
24 Defendant refused to state her place of her birth for eight months or provide any documents until ten
25 days before a hearing Dr. xxxxxx’s motion to compel.
26 5. Attached hereto as Exhibit 3 is a true and correct copy of Dr. xxxxxx’s Fist Amended
27 Complaint.
28 6. Attached hereto as Exhibit 4 is a true and correct redline comparison of the First
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MOTION TO AMEND COMPLAINT
1 Amended Complaint to the original Complaint in this action. This redline comparison shows all of the
2 changes
3 I hereby declare under penalty of perjury under the laws of the State of California that the
4 foregoing is true and correct.
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6 Executed this 7th day of March 2022, at Los Angeles, California.
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______________________________
8 Jordan Susman
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MOTION TO AMEND COMPLAINT
EXHIBIT 1
Initial Correspondence to remove deceased account 12.11.19
Kien Huynh Ja n 02, 2020 06:11 pm
Hello again, Kavita, Happy New Year,
Unfortunately, there is no way for me to reinstate the account after it's been closed. The close on the
account is permanent. I also cannot allow access to the funds since the account was closed per your
request and permission. I do apologize again for the inconvenience.
Let me know if you need anything else!
Regards,
Kien H | Venmo Support
Mnm21329Ja n 01, 2020 12:20 pm
Hello Kien,
Happy New Year. Is there any possibility that you can re-instate the account and re-credit it? There must
be a hold period.
Thank you,
Kavita
Kien HuynhDec 24, 2019 02:43 pm
Hello again and Merry Christmas, Kavita,
I've closed the account @xxxxx-xxxxxx per your request. The account should no longer show up at all
through the app. I do want to send my condolences to your family. I wish you guys the best of luck from
this point on.
Let me know if you need anything else!
Regards,
Kien H | Venmo Support
Mnm21329 Dec 22, 2019 05:15 pm
Hello Kien,
You have permission to close out the account (@xxxxx-xxxxxx). Thank you.
Regards,
Kavita
Kien Huynh Dec 17, 2019 01:57 pm
Happy Tuesday, Kavita, sorry for the delay.
There is $59.85 on the account. I will not close it unless I have your confirmation. Let me know what
you'd like to do here. Please keep in mind that I cannot help you log into the account to transfer the
funds unless I have the following document:
- Executor of the Estate, Letters of Administration, or Estate Administrator documentation
I can still close the account without the document.
Let me know if you need anything else!
Regards,
Kien H | Venmo Support
Mnm21329 Dec 15, 2019 09:00 a m
Hello Kien,
Please hold off on closing the account.
Sincerely,
Kavita
Hello Kien,
If the amount is less than $100, I give my confirmation that the funds be transferred to the state's
department of unclaimed funds. I deeply appreciate your assistance in this.
Sincerely,
Kavita
Mnm21329 Dec 15, 2019 12:14 a m
Hello Kien,
If the amount is less than $100, I give my confirmation that the funds be transferred to the state's
department of unclaimed funds. I deeply appreciate your assistance in this.
Sincerely,
Kavita
Kien Huynh Dec 14, 2019 01:29 pm
Hello again, Kavita,
Thank you for the documents. I do need a final confirmation that you are okay with me closing the
account @xxxxx-xxxxxx while there is still a balance in the account. The funds will be transferred to your
state's department of unclaimed funds.
Let me know if you need anything else!
Regards,
Kien H | Venmo Support
Kien Huynh Dec 12, 2019 09:52 pm
Hey, thank you for the reply!
We can close the account even if you only have 2 of the 3 requested items. Please keep in mind that the
balance of the deceased will be transferred to your state's department of unclaimed funds. Please
upload any and all documents to this link:
https://help.venmo.com/hc/en-
us/requests/new?ticket_form_id=360001521814&aid=381326586274&tid=13755862
Once I have the documents, I will continue fulfilling your request. I do apologize again for the hassle.
Let me know if you need anything else!
Regards,
Kien H | Venmo Support
Mnm21329 Dec 12, 2019 07:45 pm
Hello Kien,
I have items listed in 1. and 3. but not 2, will this suffice? None of the family members are looking for
monetary gain from the closing out of his account. We'd just like it to be removed as it's a painful
reminder.
Sincerely,
Kavita
Kien Huynh Dec 12, 2019 03:55 pm
Hey there, Kavita,
I am Kien from Venmo and I will be helping you reach a solution this evening!
We’re sorry to hear about your recent loss, and we’d like your help with some information we need for
our records. Can you click on the upload link below to provide us with the following:
Death Certificate
Executor of the Estate, Letters of Administration, or Estate Administrator documentation
A photo of your unexpired government-issued ID
https://help.venmo.com/hc/en-
us/requests/new?ticket_form_id=360001521814&aid=381326586274&tid=13755862
For your privacy and security, please do not reply back to this email with your documents.
We appreciate your providing this information. Once received, we will look into this inquiry, and will
respond at the earliest we can.
I wish luck upon both you and your family. I am sorry, again, for your loss. Let me know if you need
anything else!
Regards,
Kien H | Venmo Support
Mnm21329 Dec 12, 2019 09:53 a m
Dear Venmo,
It has been a day since I placed my request to have my brother's Venmo account removed. He is sadly
no longer with us, and my family and I would appreciate your assistance during this difficult time to have
his account respectfully closed.
Sincerely,
Kavita
Mnm21329 Dec 11, 2019 09:27 a m
I am not a Venmo user, but please contact me at: mnm21329@gmail.com.
Please remove my brother's Venmo account (@xxxxx-xxxxxx), as he is sadly no longer with us. I
appreciate your assistance. Here is the link to his
obituary: https://www.everhere.com/us/obituaries/md/baltimore/xxxxx-xxxxxx-10092234?em=10
EXHIBIT 2
Jordan Susman
From: ANTHONY CALERO
Sent: Thursday, March 3, 2022 11:28 AM
To: Jordan Susman
Subject: Re: xxxxxx v xxxx
Jordan- I can stipulate to the change of address and changing "Mr. xxxxxx" to "Dr.
xxxxxx" throughout but I can not stipulate to you filing an amended complaint with two
new causes of action because I believe there will be meaningful prejudice to my client.
Please do not hesitate to contact me ifyou have any questions or concerns.
Otherwise, I hope that all remains well and that you have a great weekend.
Tony
Anthony J. Calero, Esq.
Law Offices of Travis H. Whitfield, Inc.
2055 Junction Avenue, Suite 138
San Jose, CA 95131
(408) 879-9039
On Thu, Mar 3, 2022 at 9:54 AM Jordan Susman wrote:
Have you had a chance to review? Please advise. Thanks
From: ANTHONY CALERO
Sent: Monday, February 28, 2022 1:46 PM
To: Jordan Susman
Subject: Re: xxxxxx v xxxx
Ok, thanks. I'll take a look at it and discuss it with my client.
I'll make sure to get back to you in the next couple of days.
Tony
Anthony J. Calero, Esq.
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Law Offices of Travis H. Whitfield, Inc.
2055 Junction Avenue, Suite 138
San Jose, CA 95131
(408) 879-9039
On Mon, Feb 28, 2022 at 11:37 AM Jordan Susman wrote:
Tony,
Attached is an Amended Complaint we plan to file in the above action. Also attached is a redline comparison to the
original complaint.
Please let me know if you will stipulate to Dr. xxxxxx’s filing of the amended complaint.
Thanks
Jordan Susman
Partner
P. 818. 584.8928
16000 Ventura Blvd., Ste. 1200
Encino, CA 91436
www.nolanheimann.com
jsusman@nolanheimann.com
CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended
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intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this
information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or
telephone, of any unintended recipients and delete the original message without making any copies.
2
EXHIBIT 3
Jordan Susman, Esq. (SBN 246116)
1 Margo Arnold, Esq. (SBN 278288)
NOLAN HEIMANN LLP
2 16000 Ventura Blvd. Ste. 1200
Encino, California 91423
3 Telephone: (818) 574-5710
E-mail:jsusman@nolanheimann.com
4 marnold@nolanheimann.com
5 Attorneys for Plaintiff
xxxxx xxxxxx
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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF SAN MATEO
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10 xxxxx xxxxxx, an individual, ) Case No.: 20-CIV-03890
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11 Plaintiff, )
) FIRST AMENDED COMPLAINT FOR:
12 vs. )
) (1) CIVIL HARASSMENT
13 xxxxx xxxx, an individual, )
) (2) DEFAMATION
14 Defendant. )
) (3) FALSE PERSONATION (PEN.
15 ) CODE § 528.5)
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16 ) (4) VIOLATION OF THE
) COMPREHENSIVE COMPUTER
17 ) DATA AND ACCESS FRAUD ACT
) (PEN. CODE § 502 ET SEQ.)
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) (5) CONVERSION
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) (6) INTENTIONAL INFLICTION OF
20 ) EMOTIONAL DISTRESS
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1
FIRST AMENDED COMPLAINT
1 Plaintiff xxxxx xxxxxx (“Dr. xxxxxx”), by and through his undersigned attorneys, alleges upon
2 knowledge as to himself and his own acts and alleges upon information and belief as to all other matters,
3 brings this Complaint:
4 THE PARTIES
5 1. Plaintiff Dr. xxxxxx, an individual, is a resident of San Mateo County, California.
6 2. Defendant xxxxx xxxx (“Defendant”), an individual, is a resident of Cleveland, Ohio.
7 PERSONAL JURISDICTION AND VENUE
8 3. This Court has personal jurisdiction over Defendant because Defendant harassed Dr.
9 xxxxxx while he resided in California and impugned Dr. xxxxxx’s medical career which is centered in
10 California. The brunt of the harm, in terms both of Dr. xxxxxx’s emotional distress and the injury to his
11 professional reputation, was suffered in California. In addition, several of Defendant’s acts of
12 harassment included sending defamatory letters to medical professionals at Stanford University.
13 4. Venue is proper in this county because Dr. xxxxxx is a resident of San Mateo County, and
14 a substantial part of the events or omissions giving rise to the claims pleaded herein occurred in this
15 County.
16 FACTS COMMON TO ALL CAUSES OF ACTION
17 5. Dr. xxxxxx is currently a clinical scholar in the Ophthalmology Department at Stanford
18 University. Previously, Dr. xxxxxx was a physician at the Johns Hopkins University Hospital where he
19 worked at the Wilmer Eye Institute as a senior resident physician in ophthalmology.
20 6. Dr. xxxxxx initially met Defendant through the online dating mobile application Bumble
21 in May 2019. In June and July 2019, Dr. xxxxxx and Defendant briefly dated.
22 7. In November 2019, Bumble disabled Dr. xxxxxx’s account, purportedly for violating its
23 terms. The following month, December 2019, attacks on Dr. xxxxxx’s online presence escalated:
24 • Instagram disabled Dr. xxxxxx’s account purportedly for violation of its community
25 terms;
26 • Facebook disabled Dr. xxxxxx’s account because he was purportedly deceased;
27 • Someone logged into Dr. xxxxxx’s Netflix account from Nevada;
28 • Dr. xxxxxx’s LinkedIn account was disabled as someone reported him deceased;
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FIRST AMENDED COMPLAINT
1 • Dr. xxxxxx received an email from Bank of America informing him that his bank account
2 was locked due to numerous password attempts;
3 • Dr. xxxxxx’s Venmo account ceased working because he was reported as deceased.
4 Dr. xxxxxx is informed and believes that Defendant was responsible for each of the foregoing attacks on
5 his online presence.
6 8. On December 23, 2019, the Wilmer Eye Institute Patient Relations received an email
7 from clndiscovery@gmail.com claiming to be a patient named “Caroline N.”, reporting that Dr. xxxxxx
8 was very rude as a physician. The same day, Dr. Prithvi Mruthyunjaya, Dr. xxxxxx’s future supervisor at
9 Stanford, received an email from clndiscovery@gmail.com, alleging that Dr. xxxxxx cheated on a test in
10 college. Dr. xxxxxx is informed and believes that Defendant was responsible for each of the foregoing
11 emails.
12 9. On January 25, 2020, the Chief Resident of the Wilmer Eye Institute, Dr. Thomas
13 Johnson, received an email from Reportsafety39@gmail.com, in which the sender claimed to be a work
14 colleague of Dr. xxxxxx’s and alleged that Dr. xxxxxx had been showing up to work drunk recently. Dr.
15 xxxxxx is informed and believes that Defendant was responsible for the foregoing email.
16 10. On January 25, 2020, Dr. xxxxxx received a notice from Google, stating that someone
17 was trying to close his Gmail account because Dr. xxxxxx was purportedly deceased. Dr. xxxxxx is
18 informed and believes that Defendant was responsible for the foregoing act.
19 11. On January 31, 2020, one of the Retina Fellow physicians at Duke University Medical
20 School, Dr. Frank Brodie, received a physical letter to his home address, purportedly from Johns
21 Hopkins Privacy Officer Chris Buchanan, alleging that Dr. xxxxxx had violated HIPAA regulations by
22 entering medical charts of supervisors and peers, and that Dr. xxxxxx had also been involved in drug use
23 and was currently in a remediation program. Dr. xxxxxx is informed and believes that Defendant was
24 responsible for sending the letter.
25 12. On February 3, 2020, Dr. Huy Nguyen and Dr. Natalia Callaway, both vitreoretinal
26 fellows at Stanford University, and Dr. Malini Veerappan, an ophthalmology resident at Stanford
27 University applying into retina, and Dr. Carolyn Pan, a vitreoretinal surgeon from Stanford University,
28 received physical letters, purportedly from Johns Hopkins Privacy Officer Chris Buchanan, alleging that
3
FIRST AMENDED COMPLAINT
1 Dr. xxxxxx had violated HIPAA regulations and been involved in drug use. Dr. xxxxxx is informed and
2 believes that Defendant was responsible for sending these letters.
3 13. On February 3, 2020, Dr. Fasika Woreta, Dr. xxxxxx’s program director and direct
4 supervisor at Johns Hopkins University, also received a physical letter, purportedly from a work
5 colleague of Dr. xxxxxx’s that Dr. xxxxxx had been showing up to work drunk recently. Dr. xxxxxx is
6 informed and believes that Defendant was responsible for sending the letter.
7 14. On February 5, 2020, Dr. Michael Ammar, a vitreoretinal fellow at the Wills Eye
8 Hospital in Philadelphia also received a physical letter, purportedly from Johns Hopkins Privacy Officer
9 Chris Buchanan, alleging that Dr. xxxxxx had violated HIPAA regulations and been involved in drug
10 use. Dr. xxxxxx is informed and believes that Defendant was responsible for sending the letter.
11 15. On February 6, 2020, Dr. xxxxxx received a package in the mail at his home address that
12 was filled with feces. Dr. xxxxxx is informed and believes that Defendant was responsible for sending
13 the feces.
14 16. On February 7, 2020, Dr. Jessica Bienstock, the Dean of Graduate Medical Education at
15 Johns Hopkins University, received a physical letter, from someone claiming to be a medical student
16 who worked with Dr. xxxxxx, stating that Dr. xxxxxx was demeaning. Dr. xxxxxx is informed and
17 believes that Defendant was responsible for sending the letter.
18 17. On or about February 7, 2020, Dr. xxxxxx received a phone call from Ashf
Preview
Jordan Susman, Esq. (SBN 246116) 1 Margo Arnold, Esq. (SBN 278288) NOLAN HEIMANN LLP 2 16000 Ventura Blvd. Ste. 1200 Encino, California 91423 3 Telephone: (818) 574-5710 E-mail:jsusman@nolanheimann.com 4 marnold@nolanheimann.com 5 Attorneys for Plaintiff xxxxx xxxxxx 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN MATEO 9 10 xxxxx xxxxxx, an individual, ) Case No.: 20-CIV-03890 ) 11 Plaintiff, ) ) NOTICE OF MOTION AND MOTION 12 vs. ) FOR LEAVE TO AMEND COMPLAINT; ) APPENDIX OF PROPOSED CHANGES; 13 xxxxx xxxx, an individual, ) DECLARATION OF JORDAN SUSMAN ) 14 Defendant. ) ) 15 ) Date: April 20, 2022 ) Time: 2:00 p.m. 16 ) Place: Dept. 2 ) 17 ) Action filed: September 10, 2020 ) 18 ) ) 19 ) ) 20 ) ) 21 ) ) 22 ) ) 23 24 25 26 27 28 i MOTION TO AMEND COMPLAINT 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on April 20, 2022 at 2:00 p.m., or as soon thereafter as the matter 3 may be heard in Department 2 of the above-entitled Court, located at 400 County Center, Redwood City, 4 CA 94063, plaintiff xxxxx xxxxxx (“Dr. xxxxxx”) will, and hereby does, move the court for an order 5 granting leave to amend their complaint. 6 The motion is made pursuant to Code of Civil Procedure sections 128 and 473(a)(1) on the 7 ground that Dr. xxxxxx recently discovered facts to support additional causes of action against defendant 8 xxxxx xxxx. 9 The motion is based upon this Notice of Motion and Motion, the attached Memorandum of 10 Points and Authorities, the pleadings and records on file herein, and all other arguments and evidence 11 presented to the Court prior to or at the hearing. 12 13 Dated: March 7, 2022 NOLAN HEIMANN, LLP 14 By: _______________________________ 15 Jordan Susman Attorneys for Plaintiff 16 xxxxx xxxxxx 17 18 19 20 21 22 23 24 25 26 27 28 ii MOTION TO AMEND COMPLAINT 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. INTRODUCTION AND BACKGROUND 3 This lawsuit concerns Defendant xxxxx xxxx’s (“Defendant”) months-long campaign to harass, 4 defame, and otherwise destroy Plaintiff xxxxx xxxxxx’s (“Dr. xxxxxx”) life and reputation. 5 On September 10, 2020, plaintiff xxxxx xxxxxx (“Dr. xxxxxx”) filed his original complaint in 6 this action against defendant xxxxx xxxx (“Defendant”) for Civil Harassment, Defamation, and 7 Intentional Infliction of Emotional Distress. 8 Defendant evaded service for several months, forcing Dr. xxxxxx to expend time, money and 9 energy bringing a Motion to Serve Defendant by Publication, which was granted on February 22, 10 2021. 11 Defendant has denied every allegation in the Complaint and forced Dr. xxxxxx to obtain 12 evidence of her wrongdoing through the service of third-party subpoenas. 13 Notwithstanding Defendant’s denials, she continues to harass Dr. xxxxxx online, including 14 inter alia: posting false and defamatory online reviews of Dr. xxxxxx and his members of his family. 15 On January 31, 2022, Dr. xxxxxx received responsive documents from PayPal, showing that 16 Defendant illegally impersonated Dr. xxxxxx’s sister in violation of Penal Code section 528.5 and 17 converted monies belonging to Dr. xxxxxx. Susman Decl. ¶ 2 Ex. 1. 18 On February 28, 2022, Dr. xxxxxx’s counsel asked Defendant’s counsel if he would stipulate to 19 allow Dr. xxxxxx to amend. Susman Decl. ¶ 3 Ex. 2. 20 Not surprisingly, given Defendant’s history of obstructionism and gamesmanship, Defendant’s 21 counsel refused, arguing that allowing Dr. xxxxxx to amend the Complaint would somehow 22 “prejudice” Defendant. Id. 23 Dr. xxxxxx now seeks to amend the Complaint in this action to add causes of action for 24 Conversion and False Personation (Penal Code § 528.5). These new causes of action came to light 25 through discovery received from third parties in response to subpoenas. Susman Decl. ¶ 2 Ex. 1. Dr. 26 xxxxxx therefore requests an order permitting him to amend the operative Complaint in this action. 27 II. LEGAL STANDARD 28 A trial court has the inherent power to exercise a reasonable control over all proceedings 1 MOTION TO AMEND COMPLAINT 1 connected with the litigation before it. Cal. Code Civ. Proc. § 128. Such power should be “exercised 2 by the courts in order to insure the orderly administration of justice.” Cooper v. Superior Court In & 3 For Los Angeles Cty., 55 Cal. 2d 291, 301 (1961). 4 The court “may, in furtherance of justice, and on any terms as may be proper, allow a party to 5 amend any pleading.” Cal. Code Civ. Proc. § 473(a)(1). Courts should exercise “great liberality” in 6 permitting amendments that will “facilitate the production of all the facts bearing upon the questions 7 involved in the action” without causing prejudice or undue delay. Price v. Mason McDuffie Co., 50 8 Cal. App. 2d 320, 325 (1942). “If the motion to amend is timely made and the granting of the 9 motion will not prejudice the opposing party, it is error to refuse permission to amend and 10 where the refusal also results in a party being deprived of the right to assert a meritorious cause 11 of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. 12 Superior Court of Cal. In & For Los Angeles County, 172 Cal. App. 2d 527, 530 (1959) (emphasis 13 added). Dr. xxxxxx’s Motion is both timely and would result in no prejudice to Defendant. 14 III. DR. xxxxxx SHOULD BE PERMITTED TO AMEND THE COMPLAINT 15 First, this Motion is timely. This action was filed on September 10, 2021, and discovery was 16 delayed for months by Defendant’s gamesmanship: first evading services, and then failing to respond 17 to discovery for than eight (8) months. Susman Decl. ¶ 4 Ex. 3. On January 31, 2021, Dr. xxxxxx 18 learned new facts regarding Defendant’s tortious conduct in response to a subpoena served upon 19 PayPal. Susman Decl. ¶ 2 Ex. 1. 20 Second, Defendant will not be prejudiced if Dr. xxxxxx is granted leave to amend. 21 Allowing Dr. xxxxxx to amend the Complaint will not result in a delay of trial, the loss of critical 22 evidence, added costs of preparation, or increased burden of discovery. See Magpali v. Farmers 23 Group, Inc., 48 Cal. App. 4th 471, 486-88 (1996). In fact, allowing Dr. xxxxxx to amend the 24 Complaint will make this proceeding more efficient, as trial has not been set and Dr. xxxxxx continues 25 to diligently prepare for trial by serving subpoenas on third parties with information regarding 26 Defendant’s tortious conduct. 27 Third, Dr. xxxxxx will be prejudiced if leave to amend is not granted. If Dr. xxxxxx is 28 denied leave to amend, then he will be deprived of the right to assert two new meritorious causes of 2 MOTION TO AMEND COMPLAINT 1 action. Dr. xxxxxx was not aware Defendant’s illegal impersonation of when he original filed this 2 action, nor was he aware that Defendant had converted monies belonging to him. Consequently, 3 denying him leave to amend would prevent him from asserting these new causes of action. 4 Fourth, the First Amended Complaint contains new facts that were discovered recently in 5 response to a subpoena served on a third party. These facts and circumstances concern 6 Defendant’s wrongful impersonation of Dr. xxxxxx’s sister and conversion of property belonging to 7 Dr. xxxxxx. Consequently, Dr. xxxxxx should be granted leave to amend. 8 III. CONCLUSION 9 Dr. xxxxxx respectfully requests that the Court exercise its discretion and permit the 10 amendment of the Complaint to add the new causes of action. Dr. xxxxxx further requests that the 11 proposed First Amended Complaint attached to the Susman Declaration as Exhibit 3 be deemed the 12 amended pleading and that it be deemed filed and served as of the date of the granting of the Motion. 13 14 15 Dated: March 7, 2022 NOLAN HEIMANN, LLP 16 By: _______________________________ 17 Jordan Susman Attorneys for Plaintiff 18 xxxxx xxxxxx 19 20 21 22 23 24 25 26 27 28 3 MOTION TO AMEND COMPLAINT 1 APPENDIX OF PROPOSED CHANGES 2 Per California Rule of Court, Rule 3.1324, Hall proposes the following changes to the 3 Complaint: 4 A. “Mr. xxxxxx” has been changed to state “Dr. xxxxxx.” Passim. 5 6 B. Page 6:18-21: Added the following to paragraph 30.b.: 7 Defendant sent a pseudonymous email communication under the name “Katie Ward,” to the 8 online dating site Coffee Meets Bagel alleging that Dr. xxxxxx sexually assaulted “Katie 9 Ward.” In addition, Defendant sent to Coffee Meets Bagel a fraudulent police report in which 10 she described the purported sexual assault 11 12 C. Page 6:24-7:10: Added the following to paragraph 31: 13 During the pendency of this this action, Defendant’s harassment has continued, including: 14 a. April 28, 2021: Defendant posted a one-star review of Dr. xxxxxx’s father on 15 HealthGrades; 16 b. November 21, 2021: Defendant posted a one-star review of Dr. xxxxxx’s sister on 17 HealthGrades; 18 c. December 20, 2021: Defendant posted a one-star review of Dr. xxxxxx on WebMD, as 19 well eight other one-star reviews; 20 d. December 29, 2021: Defendant again caused the online dating site Hinge to ban Dr. 21 xxxxxx; 22 e. February 22, 2022: Defendant posted a false and defamatory one-star review on 23 HealthGrades regarding Dr. xxxxxx; 24 f. March 1, 2022: Defendant posted a false and defamatory one-star review on 25 HealthGrades regarding Dr. xxxxxx. 26 27 D. Page 8:9-10: Added the following to paragraph 42: 28 Defendant falsely alleged that Dr. xxxxxx sexually assaulted a woman named “Katie Ward” 4 MOTION TO AMEND COMPLAINT 1 E. Page 9:22-11:22: Add new paragraphs 50 through 70, stating: 2 THIRD CAUSE OF ACTION 3 (False Personation (Pen. Code §§ 528.5)) 4 50. Dr. xxxxxx realleges and incorporates by reference the allegations contained in the 5 preceding paragraphs of this Complaint as if fully set forth herein. 6 51. Between December 11, 2019 and January 2, 2020, Defendant falsely impersonated Dr. 7 xxxxxx’s sister in correspondence with representatives of PayPal. 8 52. While falsely impersonating Dr. xxxxxx’s sister, Defendant delivered to PayPal a 9 fraudulent death certificate she created that purported Dr. xxxxxx to be deceased. 10 53. Defendant’s impersonation was credible, as PayPal believed that Defendant was Dr. 11 xxxxxx’s sister. As a result of Defendant’s false impersonation, and at Defendant’s request, PayPal 12 closed Dr. xxxxxx’s account and transferred all money in his account to the state. 13 54. Defendant knowingly and without consent, credibly impersonated Dr. xxxxxx’s sister by 14 electronic means for purposes of harming Dr. xxxxxx. 15 55. As a direct and proximate result of Defendant’s conduct, Dr. xxxxxx has suffered general 16 and special damages in an amount to be determined at trial. 17 56. As described herein, Defendant acted with malice or reckless disregard for Dr. xxxxxx’s 18 rights, thereby justifying an award of punitive damages. 19 FOURTH CAUSE OF ACTION 20 (Violation of Comprehensive Computer Data and Access Fraud Act (Pen. Code § 502(c), (e)(1))) 21 57. Dr. xxxxxx realleges and incorporates by reference the allegations contained in the 22 preceding paragraphs of this Complaint as if fully set forth herein. 23 58. Defendant knowingly accessed and without permission used data, computer, computer 24 system, and/or a computer network in order to execute a scheme to defraud, deceive, and wrongfully 25 control money, property, and/or data. 26 59. Defendant knowingly and without permission used the profile of another individual, 27 corporation, and/or entity in connection with the sending of one or more electronic mail messages 28 and thereby damaged or caused damage to computer data. 5 MOTION TO AMEND COMPLAINT 1 60. Dr. xxxxxx was harmed as a result of Defendant’s conduct, and Defendant’s conduct was 2 a substantial factor in causing Defendant’s harm. 3 61. As described herein, Defendant acted with fraud, malice or reckless disregard for Dr. 4 xxxxxx’s rights, thereby justifying an award of punitive damages. 5 FIFTH CAUSE OF ACTION 6 (Conversion) 7 62. Dr. xxxxxx realleges and incorporates by reference the allegations contained in the 8 preceding paragraphs of this Complaint as if fully set forth herein. 9 63. At all relevant times, Dr. xxxxxx had ownership rights in, or the right to possess, money 10 in his PayPal account. This is a specific sum capable of identification through an accounting of Dr. 11 xxxxxx’s PayPal account. 12 64. Defendant wrongfully exercised dominion over money in Dr. xxxxxx’s PayPal account. 13 65. Defendant intentionally and substantially interfered with Dr. xxxxxx’s rights by 14 contacting PayPal under the guise of being Dr. xxxxxx’s sister, reporting Dr. xxxxxx dead, and 15 requesting that Dr. xxxxxx’s money be transferred to the state. 16 66. Dr. xxxxxx did not consent to Defendant’s actions as described above 17 67. Dr. xxxxxx suffered harm through Defendant’s actions. 18 68. Defendant’s conduct was a substantial factor in causing Dr. xxxxxx’s harm. 19 69. As a direct and proximate result of Defendant’s conduct as above-described, Dr. xxxxxx 20 has been damaged in a sum which is presently unascertained. Dr. xxxxxx is entitled to actual 21 damages sustained as a result of Defendant’s wrongful acts, including sums sufficient to compensate 22 Dr. xxxxxx for all harm suffered as a result of Defendants’ conduct, and punitive damages. 23 70. In committing the acts alleged, Defendant acted with full knowledge of, and with reckless 24 disregard for, the consequences and damages inflicted upon Dr. xxxxxx, and Defendant’s conduct 25 was willful, oppressive and malicious, such as to entitle Dr. xxxxxx an award of punitive damages in 26 an amount to punish Defendant and deter Defendant and to serve as an example to others similarly 27 situated. 28 6 MOTION TO AMEND COMPLAINT 1 F. Page 12:13-14: Added to Prayer for Relief 1: 2 including inter alia compensation for the time and money expended in pursuit of property 3 converted by Defendant 4 G. Page 12:18: Added to Prayer for Relief 3: 5 For reasonable attorney’s fees 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 MOTION TO AMEND COMPLAINT 1 DECLARATION OF JORDAN SUSMAN 2 I, Jordan Susman, do hereby declare: 3 1. I am an attorney at law duly licensed to practice before all courts of the State of 4 California. I am a partner at Nolan Heimann LLP (“Nolan Heimann”), attorneys of record for plaintiff 5 xxxxx xxxxxx (“Dr. xxxxxx”) in this action. As an attorney at Nolan Heimann, I have access to, and have 6 personally worked on, the records and files in this action (the “Action”). The files and records of Nolan 7 Heimann as they pertain to the Action are prepared by Nolan Heimann under my direct supervision, at 8 or near the time of the events recorded. As to the following facts, I know them to be true of my own 9 knowledge or I have gained knowledge from records and files of Nolan Heimann which are maintained 10 in the ordinary course of the business of said law firm. If called upon to testify, I would and could 11 testify competently to the facts set forth herein. 12 2. Attached hereto as Exhibit 1 is a true and correct copy of documents I received by email 13 from PayPal in response to a subpoena. The documents show an email conversation between Defendant 14 pretending to be Dr. xxxxxx’s sister, Kavita, and a representative of PayPal. In the correspondence, 15 Defendant falsely stated that Dr. xxxxxx is dead and requested that his assets be transferred to the State 16 of California. 17 3. Attached hereto as Exhibit 2 is a true and correct copy of my February 28, 2022 email to 18 Anthony Calero, counsel for Defendant in which I asked if he would stipulate to Dr. xxxxxx filing an 19 Amended Complaint (and which contained an earlier version of the Amended Complaint), and Mr. 20 Calero’s response on March 3, in which he denied my request. 21 4. Defendant evaded service at her home in Ohio for several months, causing Dr. xxxxxx to 22 expend time, money and energy on a motion to serve by publication that was granted by this Court. 23 Defendant subsequently failed and refused to answer basic discovery for eight months. For example, 24 Defendant refused to state her place of her birth for eight months or provide any documents until ten 25 days before a hearing Dr. xxxxxx’s motion to compel. 26 5. Attached hereto as Exhibit 3 is a true and correct copy of Dr. xxxxxx’s Fist Amended 27 Complaint. 28 6. Attached hereto as Exhibit 4 is a true and correct redline comparison of the First 8 MOTION TO AMEND COMPLAINT 1 Amended Complaint to the original Complaint in this action. This redline comparison shows all of the 2 changes 3 I hereby declare under penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct. 5 6 Executed this 7th day of March 2022, at Los Angeles, California. 7 ______________________________ 8 Jordan Susman 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 MOTION TO AMEND COMPLAINT EXHIBIT 1 Initial Correspondence to remove deceased account 12.11.19 Kien Huynh Ja n 02, 2020 06:11 pm Hello again, Kavita, Happy New Year, Unfortunately, there is no way for me to reinstate the account after it's been closed. The close on the account is permanent. I also cannot allow access to the funds since the account was closed per your request and permission. I do apologize again for the inconvenience. Let me know if you need anything else! Regards, Kien H | Venmo Support Mnm21329Ja n 01, 2020 12:20 pm Hello Kien, Happy New Year. Is there any possibility that you can re-instate the account and re-credit it? There must be a hold period. Thank you, Kavita Kien HuynhDec 24, 2019 02:43 pm Hello again and Merry Christmas, Kavita, I've closed the account @xxxxx-xxxxxx per your request. The account should no longer show up at all through the app. I do want to send my condolences to your family. I wish you guys the best of luck from this point on. Let me know if you need anything else! Regards, Kien H | Venmo Support Mnm21329 Dec 22, 2019 05:15 pm Hello Kien, You have permission to close out the account (@xxxxx-xxxxxx). Thank you. Regards, Kavita Kien Huynh Dec 17, 2019 01:57 pm Happy Tuesday, Kavita, sorry for the delay. There is $59.85 on the account. I will not close it unless I have your confirmation. Let me know what you'd like to do here. Please keep in mind that I cannot help you log into the account to transfer the funds unless I have the following document: - Executor of the Estate, Letters of Administration, or Estate Administrator documentation I can still close the account without the document. Let me know if you need anything else! Regards, Kien H | Venmo Support Mnm21329 Dec 15, 2019 09:00 a m Hello Kien, Please hold off on closing the account. Sincerely, Kavita Hello Kien, If the amount is less than $100, I give my confirmation that the funds be transferred to the state's department of unclaimed funds. I deeply appreciate your assistance in this. Sincerely, Kavita Mnm21329 Dec 15, 2019 12:14 a m Hello Kien, If the amount is less than $100, I give my confirmation that the funds be transferred to the state's department of unclaimed funds. I deeply appreciate your assistance in this. Sincerely, Kavita Kien Huynh Dec 14, 2019 01:29 pm Hello again, Kavita, Thank you for the documents. I do need a final confirmation that you are okay with me closing the account @xxxxx-xxxxxx while there is still a balance in the account. The funds will be transferred to your state's department of unclaimed funds. Let me know if you need anything else! Regards, Kien H | Venmo Support Kien Huynh Dec 12, 2019 09:52 pm Hey, thank you for the reply! We can close the account even if you only have 2 of the 3 requested items. Please keep in mind that the balance of the deceased will be transferred to your state's department of unclaimed funds. Please upload any and all documents to this link: https://help.venmo.com/hc/en- us/requests/new?ticket_form_id=360001521814&aid=381326586274&tid=13755862 Once I have the documents, I will continue fulfilling your request. I do apologize again for the hassle. Let me know if you need anything else! Regards, Kien H | Venmo Support Mnm21329 Dec 12, 2019 07:45 pm Hello Kien, I have items listed in 1. and 3. but not 2, will this suffice? None of the family members are looking for monetary gain from the closing out of his account. We'd just like it to be removed as it's a painful reminder. Sincerely, Kavita Kien Huynh Dec 12, 2019 03:55 pm Hey there, Kavita, I am Kien from Venmo and I will be helping you reach a solution this evening! We’re sorry to hear about your recent loss, and we’d like your help with some information we need for our records. Can you click on the upload link below to provide us with the following: Death Certificate Executor of the Estate, Letters of Administration, or Estate Administrator documentation A photo of your unexpired government-issued ID https://help.venmo.com/hc/en- us/requests/new?ticket_form_id=360001521814&aid=381326586274&tid=13755862 For your privacy and security, please do not reply back to this email with your documents. We appreciate your providing this information. Once received, we will look into this inquiry, and will respond at the earliest we can. I wish luck upon both you and your family. I am sorry, again, for your loss. Let me know if you need anything else! Regards, Kien H | Venmo Support Mnm21329 Dec 12, 2019 09:53 a m Dear Venmo, It has been a day since I placed my request to have my brother's Venmo account removed. He is sadly no longer with us, and my family and I would appreciate your assistance during this difficult time to have his account respectfully closed. Sincerely, Kavita Mnm21329 Dec 11, 2019 09:27 a m I am not a Venmo user, but please contact me at: mnm21329@gmail.com. Please remove my brother's Venmo account (@xxxxx-xxxxxx), as he is sadly no longer with us. I appreciate your assistance. Here is the link to his obituary: https://www.everhere.com/us/obituaries/md/baltimore/xxxxx-xxxxxx-10092234?em=10 EXHIBIT 2 Jordan Susman From: ANTHONY CALERO Sent: Thursday, March 3, 2022 11:28 AM To: Jordan Susman Subject: Re: xxxxxx v xxxx Jordan- I can stipulate to the change of address and changing "Mr. xxxxxx" to "Dr. xxxxxx" throughout but I can not stipulate to you filing an amended complaint with two new causes of action because I believe there will be meaningful prejudice to my client. Please do not hesitate to contact me ifyou have any questions or concerns. Otherwise, I hope that all remains well and that you have a great weekend. Tony Anthony J. Calero, Esq. Law Offices of Travis H. Whitfield, Inc. 2055 Junction Avenue, Suite 138 San Jose, CA 95131 (408) 879-9039 On Thu, Mar 3, 2022 at 9:54 AM Jordan Susman wrote: Have you had a chance to review? Please advise. Thanks From: ANTHONY CALERO Sent: Monday, February 28, 2022 1:46 PM To: Jordan Susman Subject: Re: xxxxxx v xxxx Ok, thanks. I'll take a look at it and discuss it with my client. I'll make sure to get back to you in the next couple of days. Tony Anthony J. Calero, Esq. 1 Law Offices of Travis H. Whitfield, Inc. 2055 Junction Avenue, Suite 138 San Jose, CA 95131 (408) 879-9039 On Mon, Feb 28, 2022 at 11:37 AM Jordan Susman wrote: Tony, Attached is an Amended Complaint we plan to file in the above action. Also attached is a redline comparison to the original complaint. Please let me know if you will stipulate to Dr. xxxxxx’s filing of the amended complaint. Thanks Jordan Susman Partner P. 818. 584.8928 16000 Ventura Blvd., Ste. 1200 Encino, CA 91436 www.nolanheimann.com jsusman@nolanheimann.com CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. 2 EXHIBIT 3 Jordan Susman, Esq. (SBN 246116) 1 Margo Arnold, Esq. (SBN 278288) NOLAN HEIMANN LLP 2 16000 Ventura Blvd. Ste. 1200 Encino, California 91423 3 Telephone: (818) 574-5710 E-mail:jsusman@nolanheimann.com 4 marnold@nolanheimann.com 5 Attorneys for Plaintiff xxxxx xxxxxx 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN MATEO 9 10 xxxxx xxxxxx, an individual, ) Case No.: 20-CIV-03890 ) 11 Plaintiff, ) ) FIRST AMENDED COMPLAINT FOR: 12 vs. ) ) (1) CIVIL HARASSMENT 13 xxxxx xxxx, an individual, ) ) (2) DEFAMATION 14 Defendant. ) ) (3) FALSE PERSONATION (PEN. 15 ) CODE § 528.5) ) 16 ) (4) VIOLATION OF THE ) COMPREHENSIVE COMPUTER 17 ) DATA AND ACCESS FRAUD ACT ) (PEN. CODE § 502 ET SEQ.) 18 ) ) (5) CONVERSION 19 ) ) (6) INTENTIONAL INFLICTION OF 20 ) EMOTIONAL DISTRESS ) 21 ) 22 23 24 25 26 27 28 1 FIRST AMENDED COMPLAINT 1 Plaintiff xxxxx xxxxxx (“Dr. xxxxxx”), by and through his undersigned attorneys, alleges upon 2 knowledge as to himself and his own acts and alleges upon information and belief as to all other matters, 3 brings this Complaint: 4 THE PARTIES 5 1. Plaintiff Dr. xxxxxx, an individual, is a resident of San Mateo County, California. 6 2. Defendant xxxxx xxxx (“Defendant”), an individual, is a resident of Cleveland, Ohio. 7 PERSONAL JURISDICTION AND VENUE 8 3. This Court has personal jurisdiction over Defendant because Defendant harassed Dr. 9 xxxxxx while he resided in California and impugned Dr. xxxxxx’s medical career which is centered in 10 California. The brunt of the harm, in terms both of Dr. xxxxxx’s emotional distress and the injury to his 11 professional reputation, was suffered in California. In addition, several of Defendant’s acts of 12 harassment included sending defamatory letters to medical professionals at Stanford University. 13 4. Venue is proper in this county because Dr. xxxxxx is a resident of San Mateo County, and 14 a substantial part of the events or omissions giving rise to the claims pleaded herein occurred in this 15 County. 16 FACTS COMMON TO ALL CAUSES OF ACTION 17 5. Dr. xxxxxx is currently a clinical scholar in the Ophthalmology Department at Stanford 18 University. Previously, Dr. xxxxxx was a physician at the Johns Hopkins University Hospital where he 19 worked at the Wilmer Eye Institute as a senior resident physician in ophthalmology. 20 6. Dr. xxxxxx initially met Defendant through the online dating mobile application Bumble 21 in May 2019. In June and July 2019, Dr. xxxxxx and Defendant briefly dated. 22 7. In November 2019, Bumble disabled Dr. xxxxxx’s account, purportedly for violating its 23 terms. The following month, December 2019, attacks on Dr. xxxxxx’s online presence escalated: 24 • Instagram disabled Dr. xxxxxx’s account purportedly for violation of its community 25 terms; 26 • Facebook disabled Dr. xxxxxx’s account because he was purportedly deceased; 27 • Someone logged into Dr. xxxxxx’s Netflix account from Nevada; 28 • Dr. xxxxxx’s LinkedIn account was disabled as someone reported him deceased; 2 FIRST AMENDED COMPLAINT 1 • Dr. xxxxxx received an email from Bank of America informing him that his bank account 2 was locked due to numerous password attempts; 3 • Dr. xxxxxx’s Venmo account ceased working because he was reported as deceased. 4 Dr. xxxxxx is informed and believes that Defendant was responsible for each of the foregoing attacks on 5 his online presence. 6 8. On December 23, 2019, the Wilmer Eye Institute Patient Relations received an email 7 from clndiscovery@gmail.com claiming to be a patient named “Caroline N.”, reporting that Dr. xxxxxx 8 was very rude as a physician. The same day, Dr. Prithvi Mruthyunjaya, Dr. xxxxxx’s future supervisor at 9 Stanford, received an email from clndiscovery@gmail.com, alleging that Dr. xxxxxx cheated on a test in 10 college. Dr. xxxxxx is informed and believes that Defendant was responsible for each of the foregoing 11 emails. 12 9. On January 25, 2020, the Chief Resident of the Wilmer Eye Institute, Dr. Thomas 13 Johnson, received an email from Reportsafety39@gmail.com, in which the sender claimed to be a work 14 colleague of Dr. xxxxxx’s and alleged that Dr. xxxxxx had been showing up to work drunk recently. Dr. 15 xxxxxx is informed and believes that Defendant was responsible for the foregoing email. 16 10. On January 25, 2020, Dr. xxxxxx received a notice from Google, stating that someone 17 was trying to close his Gmail account because Dr. xxxxxx was purportedly deceased. Dr. xxxxxx is 18 informed and believes that Defendant was responsible for the foregoing act. 19 11. On January 31, 2020, one of the Retina Fellow physicians at Duke University Medical 20 School, Dr. Frank Brodie, received a physical letter to his home address, purportedly from Johns 21 Hopkins Privacy Officer Chris Buchanan, alleging that Dr. xxxxxx had violated HIPAA regulations by 22 entering medical charts of supervisors and peers, and that Dr. xxxxxx had also been involved in drug use 23 and was currently in a remediation program. Dr. xxxxxx is informed and believes that Defendant was 24 responsible for sending the letter. 25 12. On February 3, 2020, Dr. Huy Nguyen and Dr. Natalia Callaway, both vitreoretinal 26 fellows at Stanford University, and Dr. Malini Veerappan, an ophthalmology resident at Stanford 27 University applying into retina, and Dr. Carolyn Pan, a vitreoretinal surgeon from Stanford University, 28 received physical letters, purportedly from Johns Hopkins Privacy Officer Chris Buchanan, alleging that 3 FIRST AMENDED COMPLAINT 1 Dr. xxxxxx had violated HIPAA regulations and been involved in drug use. Dr. xxxxxx is informed and 2 believes that Defendant was responsible for sending these letters. 3 13. On February 3, 2020, Dr. Fasika Woreta, Dr. xxxxxx’s program director and direct 4 supervisor at Johns Hopkins University, also received a physical letter, purportedly from a work 5 colleague of Dr. xxxxxx’s that Dr. xxxxxx had been showing up to work drunk recently. Dr. xxxxxx is 6 informed and believes that Defendant was responsible for sending the letter. 7 14. On February 5, 2020, Dr. Michael Ammar, a vitreoretinal fellow at the Wills Eye 8 Hospital in Philadelphia also received a physical letter, purportedly from Johns Hopkins Privacy Officer 9 Chris Buchanan, alleging that Dr. xxxxxx had violated HIPAA regulations and been involved in drug 10 use. Dr. xxxxxx is informed and believes that Defendant was responsible for sending the letter. 11 15. On February 6, 2020, Dr. xxxxxx received a package in the mail at his home address that 12 was filled with feces. Dr. xxxxxx is informed and believes that Defendant was responsible for sending 13 the feces. 14 16. On February 7, 2020, Dr. Jessica Bienstock, the Dean of Graduate Medical Education at 15 Johns Hopkins University, received a physical letter, from someone claiming to be a medical student 16 who worked with Dr. xxxxxx, stating that Dr. xxxxxx was demeaning. Dr. xxxxxx is informed and 17 believes that Defendant was responsible for sending the letter. 18 17. On or about February 7, 2020, Dr. xxxxxx received a phone call from Ashf