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Mark Lobb [SBN 148771 5 Britney N. Torres [SBN 287019] a 8 LOBB & CLIFF, LLP # 1650 Spruce See, Suite 410 wlll L EP... i Riverside, CA 92: ROE ‘Telephone: (951) 788-9410 acaba « Facsimile: (951) 788-0766 AUG 30 2013 8 Attomeys for Defendants iL Vir : e SUPERIOR COURT OF THE STATE CALIFORNIA FOR THE COUNTY OF RIVERSIDE ABTTC, INC,, a California corporation dba A ) Case No.: MCC 1301015 Better Tomorrow Treatment Centers; ) if AMERICAN ADDICTION CENTERS, INC.) Stans BION OF HARDY GOLD IN Nevada corporation; FORTERUS HEALTH ) SuREOR CARE SERVICES, INC., a Delaware corporation; JERROD MENZ, an individual, ) ) Plaintiffs, ) ) vs. ) i COMMUNITY SOLUTIONS, INC,, dba Hill} Counseling Consultants, a California ) corporation; CHARLES J. “ROCKY” HILL, ) an individual; and DOES 1 through 20, inclusive, ) ) Defendants, ) ) Hs Bei ) 1, Hardy Gold, declare as follows: 1. Lam licensed to practice law in the State of Califomia, 1 am a Deputy Attomey General in the Bureau of Medi-Cal Fraud and Elder Abuse (“BMFEA*) in the California Attorney General's Office and have served in that capacity since 1990. 1 DECLARATION OF HARDY GOLD 313586 Caw anunun 10 " 2 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 2. I make this declaration in support of Defendants’ Special Motion to Strike the ‘complaint filed by ABTTC, Inc, dba A Better Tomorrow Treatment Centers, American Addition Centers, Inc., Forterus Health Care Services, Inc., and Jerrod Menz. I have personal knowledge of the facts set forth in this Declaration and if called as a witness would competently testify to such facts under oath, 3. In November, 2010, BMFEA. was contacted by Murrieta Police Department to assist on their investigation of A Better Tomorrow Treatment Centers (“ABTTC"). In March, 2011, former BMPEA Special Agent Samuel Aguilar obtained an order for the production of documents relating to ABTTC from the California Department of Alcohol and Drug Programs (CADP”). Later that year, records were produced by ADP. I reviewed those records and I found an emailed complaint, dated April 4, 2010, to ADP by Rocky Hill for unethical and ‘unprofessional practices by ABTTC. A copy of that email is attached to this declaration, 4. The points raised by defendant Rocky Hill's email prompted my paralegal and 1 to eventually contact him by phone. Rocky Hill reiterated his complaint and told us that he had become informed about the deaths that had occurred at ABTTC, including the death of Gary Beneficld subsequent to Rocky Hill's email. Recognizing that I had limited knowledge of Standard policies and procedures at addiction treatment facilities, ! asked Rocky Hill whether 1 could tour his facility to have a point of reference as I reviewed the ABTTC matter. Rocky Hill sereed. Colleagues assigned to the ABTTC investigation joined me to see Hill Recovery and "steno Rocky Hill and his staff explain their roles and the typical process that Hill Recovery Patients go through. As I had additional questions some months later, and some of the ‘investigative team left and were replaced with new members, | contacted Rocky Hil, and I ‘etumed with the new members of the team to orient them and have our questions answered. 5. During the investigation, Rocky Hill alerted me tothe death of Gregory Thomas, He also informed me that the State Senate was investigating the addiction treatment industry and advised me when John Hill’re report was released. ue Mt 2 DECLARATION OF HARDY R GOLD 313886 eer ann un 10 " 12 1B 14 15 16 7 18 19 20 21 23 24 25 26 7 28 declare under penalty of perjury that the foregoing is true and correct, Executed on August 29, 2013, in San Diego, California. 7 Hardy'R’ Gold, Deckérant 3 DECLARATION OF HARDY R. GOLD 313886 EXHIBIT “A” od Sent; Sunday, Api! 04, 2010 2:45 PM To: LCBoore ‘Subject: Mullple complains rom former patients of ABT Per the fetter frem Deputy Ditestor Daniel Steinhart outlining the responsiblities under Tite 9, Califomia code of Regulations, Section 13065, I want to report the following: =. ‘On Aptil2, 2010 one of our factily counselors was approached by @ former patient who stated that she was, at that tme, enrolled in A Beller Tomorrow's residential prograrn. She stated thal the staff would not allow her fo ‘make a phone call nor fo leave the faclly. She asked cur counselor to contact her employee assistance ‘program and apprise them ofthis situation. She gave the counselor a phone number, by which, to contact the EAP counselor, however, the number was not accurate, Upon request, we can provide the patient's name to AOP. ‘Also, on April 2,2010,| was contacted by AINE and RNERENNIR who ere neighbors ofan ABT fachty in ‘Temecula, stating that two patients ofthat facitly hed walked to thelr house and requested to use the phone in ‘order to obtain ensporaton, The patients, aledgedly, sted that they had lat the faclly dus to unknown ‘droumstances. One ofthe indlviduals was, reportedly, highly agiated and the nelghbors elocted to contact the Riverside County Shettfs Dep, tearing tat he may hurt himself or others, Two deputies responded, takad to ‘he ingivicual and, subsequently, engaged the housemianager in a recorded conversation. This conversation, reportedly, described the services provided at this locaton to include licensed detoxication, realment for ‘teen residents. The deputy, later aocessed the Stale ADP's website and found tat the location address was not lcenged and that twas, reportedly, w sober ving home, Knowing thet sober ving homes are required to house a maximum of six residents, he fled a report. belleve that that report is accessible to ADP from the | ~ Riverside Sherffe Dept. (Our adisiction treatment fecilly has operated in the Temecula area for twenty four yeprs and been cetiied by ADP for that entire poriod, We have never fled a complaint against any estment provider in those twenty four years. : For the last four years, we have had numerous patient complaints about thelr experience at ABT, Those complaints included the allegedged observation of a female patient seizing for four hours before, finally, expiring, The pallent reporting this, had had her cellphone taken away and the doors and windows ofthe facility were, allegedly, locked preciuding she or ary other patient seeking ald for this person themselves. ‘These circumstances were, alledgediy, reported to ADP and two ADP employees interviewed tve former paint fr approximately four hours. During this interview, the patient, reportedly, detalled her own experiences ‘of having been stripped and forced to perform a body cavity search, held against her wil, and bile for services that were not provided, amongst other complaints. ‘The circumstances described above have been related to myself and my staf from, at east, @ dozen other patients with varying experiences and severty, The consisient theme, however, has been thal the patents are fhoused in the one licensed facility, for one to vo days, and then shilted to one of the other sk oF seven non- licensed facities. Reportedly, insurance companies are bled, regardiess of the facdty used for hebilaton, ‘My hope is that these issues will be investigated and, if there is any public safety issues, that they be resolved. oe ooty HMA CAG Director Hil Alcohol and Drug Treatment an: