CIV 150625 CIV DS1508999 CASEEN 150202

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System Code

CIV

Case Number

DS1508999

CaseType

CIV

Action Code

CASEEN

Action Date

06 25 15

ActionTime
Action

Seq

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by

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THIS COVERSHEET IS FOR COURT
PURPOSES ONLY AND THIS IS NOT
A PART OF THE OFFICIAL RECORD
YOU WILL NOT BE CHARGED FOR

0002

TH I S PAG E

VGONZ

Complaint and Party information entered

NEW FILE

1
2
3

BRIAN E CLAYPOOL SBN 134674
THE CLAYPOOL LAVV IRM
1055 E Colorado Blvd Sth Floor
Pasadena California 91106
beces
aol com
626 240 4616
Telephone
626 796 995
Facsimile

Attorney

for Plaintiffs

o

f L
rCa

s

v

r

x

nti r A

J

ON

J
Y

D

4
5

sU

ry

t

ti

r
GV

d PU
N

6

SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
8

COUNTY OF SAN BERNARDINO
CIVDS1508994

9
A R
10
11

a minor through

his

guardian ad

litem RAQUEL ESTES

STARQUISHA BUNN individually

12

COMPLAINT FOR DAMAGES
1

NEGLIGENCE

2

NEGLIGENCE PER SE

3

INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS

4

CONSPIRACY

Plaintiffs

13
14

Case No

S

15
16
17

TERIM CARE FOSTER FAMILY
AGENCY a California Corporation
SUKHWINDER SINGH an individual
FREDDIE WILSON an individual

18

AJAY MALHOTRA an individual
BHUPINDER CHHUDU an
individual KHUSHANUD AZARIAH

19

an individual JOEL DOMINGUEZ an
individual SHAHZIA RAMNIT an

20

individual LISA OATES an

21

individual NAWAB WILSON an
individual and DOES 1 throug 50

DEMAND FOR JURY TRIAL

inclusive
22
23

Defendants

24
25
26
27

28

COMPLAINT FOR DAMAGES

VENUE AND JURISDICTION

1
2

Venue is proper in the Superior Court of the State of California for the

1

3

County of San Bernardino in that the underlying wrongdoing acts omissions
4
5
6

injuries and related facts and circumstances upon which the present action is based

occurred in the County of San Bernardino California within the judicial boundaries

7
of

this Superior Court

This Superior Court has jurisdiction over the present matter

8
9
10

because as described herein the nature of the claims and amounts in controversy
meet the requirements for unlimited damages jurisdiction

11
PARTIES
12
2

13
14

At all relevant times Plaintiff A R was a minor child residing in San

Bernardino

County

A R

s

date

of

birth is August 1

1999 Raquel Estes has been

15

petitioned to be the court appointed Guardian ad Litem A R is currently a foster
16
1

child and was caught in an illegal abusive violent concealed unconscionable

1g

for

cash

kids

operation from 2010 to 2011 run by defendant INTERIM CARE FOSTER

19
FAMILY AGENCY

INTERIM

and defendants uncertified LISA OATES

20
21
22

OATES

and

NAWAB WILSON

WILSON

At all times herein plaintiff

A R suffered ongoing unrestrained terror torture corporal punishment physical

23

and mental abuse and neglect at the hands of defendants OATES and WILSON
24
25
26

covered up and unchecked by INTERIM
3

At

all relevant

times Plaintiff STARQUISHA BUNN

BUNN

27
28

a minor child residing in San Bernardino County during the abuse BUNN is
2
COMPLAINT FOR DAMAGES

was

1

currently an adult residing in San Bernardino County Her date of birth is July 23

2

1993 She is a former foster child caught in an illegal abusive violent concealed

3
unconscionable

kids for

cash

operation from 2007 2009run by defendant

4
5
6

INTERIM CARE FOSTER FAMILY AGENCY

uncertified

LISA OATES

OATES

and

INTERIM

and defendants

NAWAB WILSON

WILSON

At all

7

times herein plaintiff A R suffered ongoing unrestrained terror torture corporal
8
9
10

punishment physical and mental abuse and neglect at the hands of defendants

OATES and WILSON covered up and unchecked by INTERIM

11
4

At all times herein defendant INTERIM was a California Corporation

12
13
14

licensed and existing under the laws of California with its principal place of
business in the County of San Bernardino 10251 Trademark Street A Rancho

15
Cucamonga California 91730
16
5

1
1g

At all times herein between 1 1 06 and 1 1 13 defendants OATES and

WILSON residents of San Bernardino County defendants INTERIM defendant

19

board members defendant CEO and defendants Administrators held out uncertified
20
21
22

OATES and WILSON and seven uncertified facilities as certified by INTERIM in
violation ofHealth and Safety Code Section 1508

23
6

At all times herein defendants INTERIM defendants board members

24
25

defendant CEO defendants Administrators and defendants OATES and WILSON

26

bilked hundreds of thousands of foster care dollars from the U S Dept of Health

27
and

Human Services Title IV E

Federal Foster Care Funds California Dept of

28
3
COMPLAINT FOR DAMAGES

1

Social Services DSS State Foster Funds and San Bernardino County Child

2

Protective Services Foster Care Funds for plaintiffs on pretext that defendant

3

INTERIM certified defendants OATES and WILSON and defendants

seven

4
5

facilities

6

At all times herein defendant INTERIM defendants board members

7

defendant CEO and defendants Administrators knew plaintiffs foster children
8
9
10

were evicted from four 4 of the seven uncertified facilities while holding said

defendants and said facilities out as certified by INTERIM in violation of Health

11

Safety Code Section 1508 placed more defendant children collected lucrative
12
13

federal

14

state and

g

county foster

care

funds perpetrating the

kids for

cash

scam

At all times herein defendant INTERIM defendants board members

15

defendant CEO and defendants Administrators knew defendants OATES and
16
1

WILSON

1g

foster

and plaintiffs

children

foster

children

were

homeless for

six months

homeless

tool no action held out said homeless defendants as certified by

19

INTERIM in violation of Health and Safety Code Section 1508 placed more
20
21
22

dependent collected lucrative federal state and county foster care funds
perpetrating the

kids for

cash

scam

23
9

At all times herein defendant INTERIM defendants board members

24
25
26

defendant CEO and defendants Administrators knew or should have known

plaintiffs foster children suffered ongoing unrestrained relentless torture trauma

27

severe mental and emotional abuse at the hands of defendants OATES and
28
4
COMPLAINT FOR DAMAGES

1
2

WILSON took no action held out said uncertified dangerous violent abusive

defendants as certified by INTERIM

3
10

At

all

times herein Defendant SUKHWINDER SINGH

SINGH

4
5
6

defendant Interim s Chief Financial Officer and Administrator

10251 Trademark

Street A Rancho Cucamonga California 91730 bilked hundreds of thousands of
foster care dollars from the U S Dept of Health and Human Services California

8
9
10

DDS and San Bernardino County Child Protective Services on pretext uncertified
defendants OATES and WILSON and defenadnts facilities were certified by

11

INTERIM in violation of Health and Safety Code Section 1508
12
13
14

11

At

all

times herein

Defendant FREDDY WILSON

F

WILSON

defendant Interim s director 10251 Trademark Street A Rancho Cucamonga

15

California 91730 bilked hundreds of thousands of foster care dollars from the U S
16
1

Dept of Health and Human Services California DDS and San Bernardino County

1g

Child Protective Services on pretext uncertified defendants OATES and WILSON

19
20
21
22

and defendants facilities were certified by INTERIM in violation of Health and
Safety Code Section 1508
12

At

all

times herein Defendant AJAY MALHOTRA

MALHOTRA

23

defendant Interim s director 10251 Trademark Street A Rancho Cucamonga
24
25
26

California 91730 bilked hundreds of thousands of foster care dollars from the U S

Dept of Health and Human Services California DDS and San Bernardino County

27

Child Protective Services on pretext uncertified defendants OATES and WILSON
28
5
COMPLAINT FOR DAMAGES

1

and defendants facilities were certified by INTERIM in violation of Health and

2

Safety Code Section 1508

3
13

At all times herein Defendant BHUPINDER CHHUDU

4
CHH JDU

5
6

defendant Interim s director 10251 Trademark Street A Rancho

Cucamonga California 91730 bilked hundreds of thousands of foster care dollars

7

from the U S Dept of Health and Human Services California DDS and San
8
9

Bernardino County Child Protective Services on pretext uncertified defendants

10

OATES and WILSON and defendants facilities were certified by INTERIM in

11

violation of Health and Safety Code Section 1508
12
14

13
14

K

At all times herein between 11 29 06 and 12 03 10 Defendant

SHANUD AZARIAH

AZARIAH

employed as defendant Interim s

15

Administrator 10251 Trademark Street A Rancho Cucamonga California 91730
16
17
1g

bilked hundreds of thousands of foster care dollars from the U S Dept of Health

and Human Services California DDS and San Bernardino County Child Protective

19

Services on pretext uncertified defendants OATES and WILSON and defendants
20
21

facilities were certified by INTERIM in violation of Health and Safety Code Section

22

1508

23
15

At all times herein between 12 03 10 and 7 22 11 Defendant JOEL

24

25
26

DOMINGUEZ

DOMINGLTEZ

employed as defendant Interim s Administrator

10251 Trademark Street A Rancho Cucamonga California 91730 bilked hundreds

27

of thousands of foster care dollars from the U S Dept of Health and Human
28
6
COMPL

INT FOR DAMAGES

1

Services California DDS and San Bernardino County Child Protective Services on

2

pretext uncertified defendants OATES and WILSON and defendants facilities were

3

certified by INTERIM in violation of Health and Safety Code Section 1508
4
16

5
6

At all times herein between 10 18 11 and 8 30 14 Defendant

SHAHZIA R AMNIT

RAMNIT

employed by defendant as Interim s

7

Administrator 10251 Trademark Street A Rancho Cucamonga California 91730
8
9
10

bilked hundreds of thousands of foster care dollars from the U S Dept of Health

and Human Services California DDS and San Bernardino County Child Protective

11

Services on pretext uncertified defendants OATES and WILSON and defendants
12
13

facilities were certified by INTERIM in violation of Health and Safety Code Section

14

1508

15

FIRST CAUSE OF ACTION FOR NEGLIGENCE
16

By All Plaintiffs Against All Defendants

1
1g

17

Plaintiffs repeat and reallege each and every allegation contained in

19

paragraphs 1 16 of this Complaint and incorporate said allegations herein with the
20
21
22

same force and effect as if fully set forth
18

On 8 18 06 the Department sent written notification to defendants F

23

WILSON MALHOTRA and CHHUDU that defendant INTERIM applied for a
24
25
26

license to operate a foster family agency and named defendants as its board
members

27
28
7
COMPLAINT FOR DAMAGES

1
2
3

19

The Department

s notification

further

It is important for you to

stated

understand that if approved this license will be issued in the name of the
corporation This means that the corporation will be held accountable for the care

4
5
6

and supervision of all clients in care
20

The Department

s notification

further

Regular board of

stated

directors meetings is essential if the board members are to ensure that the care
8
9
10

facility is operating properly and in substantial compliance with licensing laws and
regulation In some instances board members may be held accountable for the

11

conduct of or damages caused by the facility corporate licensee
12
13
14

21

California Code of Regulations Title 22 Section 88063 imposed

mandatory statutory duties on defendant ITNERIM s directors defendants F

15
WILSON MALHOTRA

and

CHH TDU to

actively ensure accountability and

16
1
1g

perform

the

at a minimum

policies and procedures

following

governing the

responsibilities

operation of

1

establish and approve

defendant INTERIM

2

19
approve and monitor a

budget for defendant INTERIM

3

access and maintain the

20
21
22

level of funding necessary to cover the costs of operating defendant INTERIM
22

Title 22 Sections 80001

c 3 and 88018 d imposed mandatory

23
24
25
26

statutory duties on defendants directors F WILSON MALHOTRA and
CHHLTDU to sign a written resolution stating the board shall operate defendant
INTERIM in full conformity with applicable licensing statutes and regulations

27
28
8
COMPLAINT FOR DAMAGES

23

1
2

Title 22 Section 88035 imposed responsibility on defendants directors

F WILSON MALHOTRA and CHHLTDU for dependent children placed in

3

defendant INTERIM s custody
4
24

5
6

Title 22 Section 88063 a imposed mandatory statutory duties on

defendant INTERIM to account for the general supervision of defendant s facility
and certified family homes to establish policies concerning operation and to ensure

8
9

operations comply with applicable regulations and statutes

10

25

The U S Department of Health and Human Services under Social

11

Security Act Title IV E California Department of Social Services and San
12
13
14

Bernardino Department of Social Services paid defendant INTERIM millions for

foster care for dependent children placed in defendant s custody including plaintiffs

15
26
16

be

Administrator means the person designated by the board of directors
for defendant INTERIM

1

to

1 g

Regulation Title 22 section 88001 a 2

responsible

s operation

California Code of

19
27

Title 22 Sections 88001

c

2

88030 b imposed mandatory statutory

20
21
22

duties on defendants administrators AZARIAH DOMINGUEZ and R AMNIT to

sign Certificates ofApproval on defendant INTERIM s family homes

23
28
24
25
26

Title 22 Section 88001 c imposed mandatory statutory duties on

defendants administrators AZARIAH DOMINGUEZ and RAMNIT to issue

Certificates of Approval on defendant INTERIM s family homes

27
28
9
COMPLAINT FOR DAMAGES

29

1
2

Under Section 88001

3

c

c

4

a certified family home means a

residence certified by a licensed FFA and issued a Certificate of Approval by the

3

agency as meeting licensing standards a certified parent is an adult residing in the
4
5
6

home certified by the FFA to provide court supervision to children placed by that
agency

7
30

Title 22 Section 88030 b imposed mandatory statutory duties on

8
9
10

defendants administrators AZARIAH DOMINGUEZ and RAMNIT to provide

each certified family home used by defendant with a Certificate of Approval

11

properly completed and signed by the administrator of his her designee a Certificate
12
13
14

f Approval is not transferable and is void upon a change of location or certified

parents

15
31

Under Section 89201 11

Completed Application

means A the

16
1
1g

applicant has submitted and the licensing agency has received all required material
and B the licensing agency has completed a site visit to the facility

19
32

Under Section 89218

T he application and supporting documents

c

20
21
22

shall

include 1 Name

of premises

and address of

if applicant is

leasing

or

the

applicant

renting

2 Name and address of owner

3 a copy of the document s that

23
24
25
26

establish the applicant has control of the property to be licensed
33

Under Section 80001

a

b

an application for a Certificate of Approval

includes a Plan of Operation completed by the applicant

27

28
10
COMPLAINT FOR DAMAGES

i

34

1
2

Under Sections 80022 and 83087 2 the Plan of Operation includes a

sketch ofthe building and the grounds including the dimensions of all areas used by

3
the clients

4
35

5
6

Under Sections 80022 g and 80061 changes in the Plan of Operation

shall be submitted for licensing agency approval and shall be reported to the

7
Department

8
36

9
10

Under Section 89218

The application shall be filed with the

e

licensing agency which services the geographical area in which the home is

11
located
12
37

13
14

Title 22 Section 89227

a

imposed mandatory statutory duties on

defendants administrators AZARIAH DOMINGUEZ and RAMNIT to ensure a

15

site visit to the proposed foster family home is completed as part ofthe application
16
1
1g

review process and a determination that all of the requirements of Article 3 of this
chapter have been satisfied

19
38

Title 22 Section 89231 a imposed mandatory statutory duties on

20
21

defendants administrators AZARIAH DOMINGUEZ and RAMNIT to issue a

22

license to the applicant after an application has been completed an in home visit has

23
been

made pursuant

to Section 89227

subsection

a

1

and

upon determination

24
25
26

that all licensing requirements set forth in Article 3 ofthis chapter have been met
39

Section 89234 imposed mandatory statutory duties on defendants

27

OATES and EILSON to provide defendant INTERIM with reasonable notice prior
28
11
COMPLAINT FOR DAMAGES

1
2

to any change in the location of the home as specified in Section 89361 subsection
d

3
40

Under Health and Safety Code section 1503 5 a facility shall be

4
5
6

deemed an unlicensed community care facility maintained and operated to provide
non medical care

if it is unlicensed and not exempt from licensure and the facility

is held out as or represented as providing care or supervision as defined by this
8
9

chapter or the rules and regulations adopted pursuant to this chapter

10

41

Under Title 22

Sections 80001 2

89201 C and Health and Safety

11
Code

section

1503 5

a

a home that is held out as or represented as providing care

12
13
14

and supervision

42

includes

Health

and

3 A licensed home that moves to a new location

Safety

Code 1531 5

c

states

child abuse

means a

15
situation

in

physical

injury

which a child suffers

from any

one or more of

the

16
1
1g

reason of

inflicted

intentional

upon

the

child

by

other

than

following

accidental means

neglect or malnutrition or sexual abuse

1

Serious

2 Harm by

3 Going without

19
necessary

and

basic

physical care

4 Willful mental injury negligent treatment or

20
21

maltreatment of a child under the age of 18 by a person who is responsible for the

22

child s welfare under circumstances that indicate that the child s health or welfare is

23
24
25

harmed or threatened thereby as determined in accordance with regulations
prescribed by the Director of Social Services

26
27
28
12
COMPLAINT FOR DAMAGES

43

1
2

Under Health

and

Safety

Code Sections 1531 5

c

3 and

4

necessary and basic physical care means care provided in a current and validly

3

licensed or administrator certified community care facility
4
44

5
6

Penal Code Section 11166 imposed mandatory statutory duties on

defendant INTEIM to report the abuse of a dependent child pursuant to Health and

7

Safety Code Section 1531 5 c 3 and 4 based on placement in uncertified
8
9

community care facilities in violation of Health and Safety Code Section 1508

10

45

Section 88061 b imposed mandatory statutory duties on all defendant

11

INTERIM s personnel to report the abuse of a dependent child pursuant to Health
12
13
14

and

Safety

Code Section 1531 5

c

3 and 4 based on placement in uncertified

community care facilities in violation of Health and Safety Code Section 1508

15
46

A child placed in an uncertified home in violation for Health and Safety

16
1
1 g

Code Section 1508 constitutes an unusual incident under Section 88061 c

4 that

threatens the physical or emotional health or safety of any child constituting child

19
abuse under

Health

and

Safety

Code Section 1531 5

c

3

4 mandating a report

20
21
22

under Penal Code Section 11166

47

Section 88061 g imposed mandatory statutory duties on defendant

23
24
25
26

INTERIM to report child abuse under Health and Safety Code Section 1531 5 c 3
4 based on placement in uncertified homes in violation of Health and Safety Codes
Section 1508

27
28
13
COMPLAINT FOR DAMAGES

1
2

48

Section 88061 h imposed mandatory statutory duties on defendant

INTERIM to provide a log of family homes certified and decertified during the

3

month to the Department by the tenth of the following month
4
5
6

49

Section 88068 imposed mandatory statutory duties on defendant

INTERIM to complete and maintain current admission agreements with each

certified parent with whom the children were placed
8
9
10

50

Start with Section 89200 a imposed mandatory statutory duties on

defendant INTERIM to ensure compliance with all applicable law and regulation

11
51

Under Section 89201 d

1

Deficiency means any failure to comply

12
13
14

ith any provision of the Community Care Facilities Act commencing with Section
1500 of the Health and Safety Code and or regulations adopted by the Department

15

pursuant to the Act
16
1
1g

52

Under Section 89201

s

1

Serious

Deficiency means any deficiency

that presents an immediate or substantial threat to the physical health mental health

19

or safety of any child in the home
20
21
22

53

Under Section 89201 p

4

Provision

or

provide

means whenever

any regulation required that provision be made for or that there be provided any

23

service personnel or other requirements the caregiver shall do so directly or
24
25
26

present evidence to the licensing agency that the requirements have been met by
some other means

27
28
14
COMPLAINT FOR DAMAGES

2

Under Section 89201 1

54

1

2

means a home that is

Licensed Home

licensed by Community Care Licensing in accordance with the standards set forth in

3

Article 3 of this chapter The license cannot be transferred to another person or
4
5

location

6

Under Section 89201

55

means a

facility

as

u

1

Unlicensed Community Care Facility

defined in Section 1503 5

of

Safety Code

the Health

8

10

Under Section 89201

56

9

Community

Care

u

1

C

3

89201 U

1

C

3

Unlicensed

Facility means a licensed home that moves to a new location

11

Section 89205 imposed mandatory statutory duties on defendant

57
12
13
14

TERIM not to operate establish manage conduct or maintain a foster family

home or hold out advertise or represent by any means to do so without first

15

obtaining a current valid license from the licensing agency
16

18

Under Section 89206

58

17
89201

u

1

a

An unlicensed facility as defined in Section

is in violation of Section 1503 5 and or 1508 ofthe Health and Safety

19

Code
20
21
22

59

Section 89206 d imposed mandatory statutory duties on defendant

INTERIM to issue an immediate civil penalty on parents for operating an illegal

23

unauthorized uncertified home pursuant to Title 22 section 89255 and Section 1547
24
25

of the Health and Safety Code

26
27
28
15
COMPLAINT FOR DAMAGES

1
2

60

Section 89206

imposed mandatory statutory duties on defendant

INTERIM to notify the appropriate placement or protective service agency of an

3

immediate threat to clients health and safety
4
5
6

61

Health and Safety Code Section 1508 imposed mandatory statutory

duties on defendant INTERIM not to operate establish manage or maintain
uncertified homes

8
9
10

62

Health and Safety Code Section 1508 imposed mandatory statutory

duties on defendants administrators AZARIAH DOMINGUEZ and RAMTIIT not

11

to operate establish manage or maintain uncertified family homes
12
13
14

63

Health and Safety Code Section 1508 imposed mandatory statutory

duties on defendant CEO SINGH not to operate establish manage or maintain

15

uncertified family homes
16
1
1g

64

Health and Safety Code Section 1508 imposed mandatory statutory

duties on defendant directors F WILSON MALHOTRA and CHHUDU not to

19

operate establish manage or maintain uncertified family homes
20
21
22

65

Section 89240 a imposed mandatory statutory duties on defendants

administrators AZARIAH DOMINGUEZ and RAMNIT to deny an application for

23

certification if it is determined the applicant is not in compliance with applicable
24
25

laws and regulations

26
27
28
16
COMPLAINT FOR DAMAGE

2

Under Section 89242

66

1

the Department shall have the authority to

a

suspend or revoke any license on any ofthe grounds specified in Health and Safety

3

Code section 1550
4
67

5
6

Under Health

and

Safety

Code

section

T he department may

1550

deny an application for or suspend or revoke any license or any administrator
certificate issued under this chapter upon any of the following grounds and in the

8
9
10

manner provided

the licensee

of

in this

the

for any

chapter

of

the

following

grounds

rules and regulations promulgated under

this

a Violation by

chapter

b

11

Aiding abetting or permitting the violation of this chapter or of the rules and
12
13
14

regulations promulgated under

this

c Conduct which is inimical to the

chapter

health morals welfare or safety of wither an individual in or receiving services

15

from

the

16
1

facility

or

the

people of

the State

of

California

Engaging in acts of

malfeasance concerning the operation of a facility including but not limited to

1g

fraudulent appropriation for personal gain of facility moneys or property or

19

willful or negligent failure to provide services
20
68

21
22

Under Section 89361

a

each caregiver shall furnish such reports to the

licensing approval agency and the child s authorized representative required by the

23
Department

including but not

limited to the

following

3 Any unusual incident or

24
25
26

child absence that threatens the physical or emotional health or safety of any child
4

Any

suspected physical or psychological

abuse of

any

27
28

17
COMPLAINT FOR DAMAGES

child

d When there is a

1
2

change in the location of the home the caregiver shall notify the licensing approval

agency 30 days prior to the move or as soon as the information is available

3

Under Section 89372 each child shall have personal rights which

69
4
5
6

include but

are not

limited to the

following

1

To be accorded safe healthful and

comfortable home accommodations furnishings and equipment appropriate to
his her

needs

2 To be treated with respect and to be fee from physical sexual

8
9
10

4 To be free from corporal or unusual punishment

emotional or other abuse

infliction of pain humiliation intimidation ridicule coercion threat mental abuse

11

or other actions of a punitive nature including but not limited to interference with
12
13
14

the daily living function of eating sleeping or toileting or withholding of shelter
clothing

or aids of physical

5 To receive adequate and healthy food

functioning

15

6 To be provided adequate clothing and personal items in accordance with Section
16
1
1g

89372 C

8

To

B To possess and use his her own personal items including toiletries

3

receive

necessary

medical

dental

vision

and mental

health

10

services

To

19

have social contacts with people outside of the foster care system such as teachers
20
21
22

church members

To

contact

family

mentors and

members

friends in

accordance with

unless prohibited

by

Section 89372

court order

16

c

3

11

To make and

23
receive confidential phone calls and send and receive unopened mail unless

24
25
26

prohibited

by

court order

20 To attend school and participate in extracurricular

cultural and personal enrichment activities consistent with the child s age and

27

28
18
COMPLAINT FOR DAMAGES

f

1
2

developmental level that is

consistent with state

law

23 To be accorded dignity in

his her personal relationships with other persons in the home

3
70

Section 89376 a imposed mandatory statutory duties on certified

4
5
6

parents to provide or ensure at least three nutritious meals per day
71

Section 89376 a imposed mandatory statutory duties on certified

7

parents to ensure foster children have their meals with foster family members in a
8
9
10

family setting
72

Section 89378 a imposed mandatory statutory duties on certified

11

parents to provide care and supervision as necessary to meet each child s needs
12
13
14

3

Section 89379 a imposed mandatory statutory duties on certified

parents to provide opportunity for and encourage participation in group sports

15
16
1
1g

leisure time family special school and daily living skills activities
74

On 12 01 06 the Department of Social Services Department issued

defendant INTERIM a license to operate a Foster Family Agency FFA to certify

19

foster parents and their homes as meeting all licensing requirements to provide
20
21
22

foster care for dependent children entrusted to defendant INTERIM s custody
75

Prior to the issuance of defendant INTERIM s FFA license to certify

23

family homes defendants issued defendants OATES and WILSON a Certificate of
24
25
26

Approval on 11 16 06
76

OATES and WILSON lived with foster children INTERIM placed with

27
them in

28

Facility

1 located at 13945 Topmast Drive Helendale CA 92342
19
COMPLAINT FOR DAMAGES

2
3

In or about 6 07 defendants OATES and WILSON moved to Facility

77

1

2 on 12547 Dulce Street Victorville Dulce with the dependent foster children
under their care The Certificate of Approval Defendant INTERIM issued on 11 16

4
5
6

06 was void by the operation of law upon change of location under Title 22 Section
88030 e and Health and Safety Code Sections 1524 1503 5

7

On or about 6 07 defendant INTERIM placed plaintiff BUNN DOB

78
8
9
10

July 23 1993 then 13 years old with defendants OATES and WILSON in Facility
2 on 12547 Dulce Street Victorville

11

Defendant INTERIM knew or should have known defendants OATES

79
12
13

and WILSON violated plaintiff BUNN s personal rights enumerated in Sections

14

g9372 1

2

4

5

6

B

8

9

10

11

16

20

23

in Facility

2

15

by but not

Dulce
16
1
1g

limited to

1

forcing them to scrub walls floors vacuum and

sweep floors lift rugs move and replace furniture clean toilets kitchen and
bathrooms nightly in violation of Section 89378 suffering extreme pain fatigue and

19
severe

sleep deprivation

2 not allowing them to eat the same food as defendants

20
21

OATES

22

the

and

same

WILON in

table

as

violation of

Section 89376

defendants OATES

and

WILON in

3 not allowing them to eat at
violation of

Section 89376

23
24
25
26

depriving them of adequate food in violation of Section 89276 causing a constant
state of

hunger

5 prohibiting them from opening the refrigerator or entering the

food pantry in violation

of

Section 89376

6 barring them from court ordered

27
28
20
COMPLAINT FOR DAMAGES

4

1
2

contact with relatives in violation of Section 89379 and 7 forcing them to wear ill
fitting shoes causing permanent injuries

3

Defendants OATES and WILSON breached mandatory statutory duties

80
4
5

imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d by

6

failing to report a change in location to defendant INTERIM

7

Defendants OATES and WILSON breached mandatory statutory duties

81
8
9
10

imposed by Section 89218 c by failing to submit an application for approval on
Facility

2

Dulce

11

Defendants OATES and WILSON breached mandatory statutory duties

82
12
13
14

imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d
and

89361 d

by failing to

obtain a

Certificate

of

Approval

on

Facility

2

Dulce

15
83

Defendant INTERIM provided no supervision over defendant OATES

16
1
1g

and

WILSON

no site visit

to

Facility

2 Dulce

little or no contact with plaintiffs

putting plaintiffs at risk of foreseeable harm when they knew or should have

19

known plaintiffs suffered ongoing abuse and neglect
20
21
22

84

could not

Defendant INTERIM s administrator defendant AZARIAH di not and
issue

a

Certificate

of

Approval

on

Facility 2 Dulce given defendants

23
24
25

OATES and WILSON s violations of mandatory statutory duties as alleged in
paragraphs 80 82

26
27
28
21
COMPLAINT FOR DAM

GES

2

Facility 2 Dulce was not a certified family home pursuant to

85

1

Sections 88001

3

c

88005 89201 1

2

89201

u

1

89201

u

1

C 3

3

89206 a and Health and Safety Code sections 1503 5 and 1508
4

6

Defendants OATES and WILSON were not certified parents who met

86

5

licensing requirements
88005

89201 1

2

in

uncertified

89201

u

1

Facility 2 pursuant to Sections 88001 c 4

89201

1

u

C 3

89206

a

Health and Safety

8
9

Code sections 1503 5 and 1508 putting plaintiffs at risk of foreseeable harm

10

Defendant INTERIM breach mandatory statutory duties imposed by

g 7

11
Sections 88005

88030 b

80001

80005

89201

c

89205 89206

a

89231 a

12
13
14

Health and Safety Code Sections 1503 5 and 1508 by operating uncertified Facility
2 Dulce with no supervision over and little if any contact with plaintiffs putting

15

plaintiffs at risk of foreseeable harm when they knew or should have known
16
1

plaintiffs suffered ongoing abuse and neglect

1g

Defendants directors F WILSON MALHOTRA and CHHUDU

88

19

breached mandatory statutory duties imposed by Health and Safety Code Section
20

Facility

2

Dulce

with no supervision over and

21

1508

22

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm

by

operating

uncertified

23
24
25
26

when they knew or should have known plaintiffs suffered ongoing abuse and
neglect

89

Defendant administrator AZARIAH breached mandatory statutory

27
28

duties imposed by Health and Safety Code Section 1508 by operating uncertified
22
COMPLAINT FOR DAMAGES

1
2

Facility 2 Dulce with no supervision and little if any contact with plaintiffs

putting plaintiffs at risk of foreseeable harm when it knew or should have known

3
plaintiffs suffered ongoing abuse and neglect
4

6

Defendant CEO SINGH breached mandatory statutory duties imposed

90

5

by Health

and

Safety

Code Section 1508

by

operating

uncertified

Facility

2

7

Dulce with no supervision and little if any contact with plaintiffs putting
8
9
10

plaintiffs at risk of foreseeable harm when it knew or should have known plaintiffs
suffered ongoing abuse and neglect

11

Defendant INTERIM breached mandatory statutory duties imposed by

91
12
13
14

89255 and Health and Safety Code Section 1547 by failing to

Sections 89206 d

issue an immediate civil penalty against defendants OATES and WILSON on

15
uncertified

Facility

2 Dulce

16
92

1
1g

Defendant INTERIM breached mandatory statutory duties imposed by

Section 86206

by failing to notify the CPS placement agency that plaintiffs were

19
in

uncertified

Facility 2 in violation of Health and Safety Code Sections 1505 and

20
21

1508 with no supervision and little if any contact with plaintiffs putting plaintiffs

22

at risk of foreseeable harm when it knew or should have known plaintiffs suffered

23
ongoing abuse and neglect
24
93

25
26

by

Defendant INTERIM s breach ofmandatory statutory duties imposed

Section 86206

by failing to notify CPS that defendants OATES and WILSON

27
moved

to

an uncertified

Facility 2 caused plaintiffs to remain in uncertified

28
23
COMPLAINT FOR DAMAGES

1

Facility 2 in violation of Health and Safety Code Section 1508 as opposed to

2

immediate removal mandated by law with no supervision and little if any contact

3

with plaintiffs putting plaintiffs at risk of foreseeable harm when it knew or should
4
5
6

have known plaintiffs suffered ongoing abuse and neglect

Defendant INTERIM s breach of mandatory statutory duties imposed

94

7

by Section 86206 j constituted inimical conduct that caused plaintiffs to remain in
8
9
10

uncertified

Facility 2 in violation of Health and Safety Code Section 1508 as

opposed to immediate removal as mandated by law with no supervision and little

11

if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when it
12
13

ew or should have known plaintiffs suffered ongoing abuse and neglect

14

95

Defendant INTERIM breached mandatory statutory duties imposed by

15

Section 89205 holding uncertified defendants OATES and WILSON and uncertified
16
1
1g

Facility 2 out as certified to CPS causing plaintiffs to remain in uncertified Facility

2 in violation of Health and Safety Code section 1508 as opposed to immediate

19

removal mandated by law with no supervision and little if any contact with
20
21
22

plaintiffs putting plaintiffs at risk of foreseeable harm when it knew or should have
known plaintiffs suffered ongoing abuse and neglect

23
96

Defendant INTERIM s breach ofmandatory statutory duties imposed

24
25
26

by Section 88061 c holding out uncertified defendants OATES and WILSON and
uncertified

Facility 2 Dulce as certified to CPS constituted a serious deficiency

27
under

Section 89201

s

1

causing

plaintiffs

to

remain

28
24
C

MPLAINT FOR DAMAGES

in uncertified

Facility 2 in

1
2

violation of Health and Safety Code Section 1508 as opposed to immediate removal
mandated by law with no supervision and little if any contact with plaintiffs

3

putting plaintiffs at risk of foreseeable harm when it knew or should have known
4
5

plaintiffs suffered ongoing abuse and neglect

6

Defendant INTERIM s breach of mandatory statutory duties imposed

97

by

Section 89206

for failure to report defendants OATES and WILSON and

8
9
10

Facility

2 Dulce were uncertified in violation of Health and Safety Code Section

1508 as opposed to immediate removal mandated by law with no supervision and

11

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm
12
13
14

hen it knew or should have known plaintiffs suffered ongoing abuse and neglect
98

Plaintiffs

placement

in

uncertified

Facility 2 Dulce in violation of

15

Health and Safety Code Section 1508 was child abuse under Health and Safety Code
16
l
1g

Section 1531 5 c 3 and 4 and Welfare and Institutions Code Section 300 b

reportable under Penal Code Section 11166 mandating plaintiffs immediate

19
removal

20
21
22

99

Penal Code Section 11166 imposed mandatory statutory duties on

defendant INTERIM to

report plaintiffs

placement

in uncertified

Facility

2

23
24
25
26

Dulce in violation of Health and Safety Code Section 1508 mandating plaintiffs
immediate removal

100

Defendant INTERIM s breach ofmandatory statutory duties imposed

27
28

by Penal Code Section 1166 for failure to report plaintiffs placement in uncertified
25
COMPLAINT FOR DAMAGES

2

Dulce

to

remain

in

uncertified

Facility 2 in violation

1

Facility

2

of Health and Safety Code Section 1508 as opposed to immediate removal

causing

plaintiffs

3

mandated by law with no supervision and little if any contact with plaintiffs
4
5

putting plaintiffs at risk of foreseeable harm when it knew or should have known

6

plaintiffs suffered ongoing abuse and neglect

7

Defendant INTERIM s breach of mandatory statutory duties imposed

101
8
9
10

by Penal

Code Section 11166 for failure to

uncertified was a

serious

deficiency

report

Facility

under section

89201

2 Dulce

s

1

was

caused plaintiffs to

11
remain

in

uncertified

Facility 2 in violation of Health and Safety Code Section

12
13

1508 as opposed to immediate removal mandated by law with no supervision and

14

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm

15

when it knew or should have known plaintiffs suffered ongoing abuse and neglect
16
1
ig

102

Defendant INTERIM s breach of mandatory statutory duties imposed

by Penal Code Section 1166 and Title 22 Sections 89205 86206 j 88661 c

19
20
21
22

among others with no supervision and little if any contact aided abetted and
permitted

defendants OATES

and

WILSON

s operation of uncertified

Facility

Dulce in violation of Health and Safety Code Section 1508 as opposed to

23

plaintiffs immediate removal mandated by law putting plaintiffs at risk of
24
25
26

foreseeable harm when they knew or should have known plaintiffs suffered
ongoing abuse and neglect

27
28

26
COMPLAINT FOR DAMAGES

2

103

1
2
3

Defendant INTERIM engaged in acts of financial malfeasance based on

payments from the U S Department of Health and Human Services California
Department of Social Services and San Bernardino Department of Social Services

4
5
6

for

plaintiffs

placement

in

uncertified

by Facility 2 in violation of Health and

Safety Code Section 1508 unbeknownst to said government fudnign agencies as
opposed to immediate removal mandated by law with no supervision and little if

8
9
10

any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when it
ew or should have known plaintiffs suffered ongoing abuse and neglect

11
104

Defendants directors F WILSON MALHOTRA and CHHUDU

12

by

Section 88063

2 by approving

13

breached mandatory statutory duties imposed

14

and monitoring a budget based on payments from the U S Department of Health

c

15

and Human Services California Department of Social Services and San Bernardino
16
1
1g

Department

of

Social Services for plaintiffs

placement

in

uncertified

Facility

2 in

violation of Health and Safety Code Section 1508 unbeknownst to said government

19

funding agencies with no supervision and little if any contact with plaintiffs
20
21
22

putting plaintiffs at risk of foreseeable harm when it knew or should have known
plaintiffs suffered ongoing abuse and neglect

23
105

Defendants directors F WILSON MALHOTRA and CHI UDU

24
25

breached mandatory statutory duties imposed by Section 88063 c 3 by approving

26

and monitoring a budget to cover operation costs based on payments from the U S

27

Department of Health and Human Services California Department of Social
28
27
COMPLAINT FOR DAMAGES

1
2

Services and San Bernardino Department of Social Services for plaintiffs
placement

in

uncertified

Facility 2 in violation ofHealth and Safety Code Section

3

1508 unbeknownst to said government funding agencies with no supervision and
4
5

little ifany contact with plaintiffs putting plaintiffs at risk of foreseeable harm

6

when it knew or should have known plaintiffs suffered ongoing abuse and neglect

7

Defendants directors F WILSON MALHOTRA and CHHUDU

106
8
9
10
11

breached mandatory statutory duties imposed

by

Section 88063

c

3 by accessing

and maintaining defendant INTERIM s level of funding to cover operation costs
based on payments from the U S Department of Health and Human Services

12
13

California Department of Social Services and San Bernardino Department of Social

14

Services for

plaintiffs

placement

in uncertified

Facility 2 in violation of Health

15
16

and Safety Code Section 1508 unbeknownst to said government funding agencies

1

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk

1g

of foreseeable harm when it knew or should have known plaintiffs suffered ongoing

19
abuse and neglect

20
21
22

107

Defendants directors F WILSON MALHOTRA and CHHUDU

breached mandatory statutory duties imposed

by

Section 80000 1

3 nad 88018 by

23
operating

uncertified

Facility 2 Dulce in violation of Health and Safety Code

24
25
26

Section 1508 unbeknownst to said government funding agencies with no
supervision and little if any contact with plaintiffs putting plaintiffs at risk of

27
28
28
COMPLAINT FOR DAMAGES

I

1
2

foreseeable harm when it knew or should have known plaintiffs suffered ongoing
abuse and neglect

3

Defendant SINGH engaged in acts of financial malfeasance based on

108
4
5
6

payments form the U S Department of Health and Human Services California
Department of Social Services and San Bernardino Department of Social Services
for

plaintiffs

placement

in

uncertified

Facility 2 in violation of Health and Safety

8
9
10
11

Code Section 1508 unbeknownst to said government funding agencies with no
supervision and little if any contact with plaintiffs putting plaintiffs at risk of

foreseeable harm as opposed to immediate removal mandated by law when it knew

12
13
14

or should have known plaintiffs suffered ongoing abuse and neglect

Defendants OATES and WILSON engaged in conduct inimical to

109

15
plaintiffs

health

morals

welfare

and

safety

by operating uncertified Facility

2

16
17
1g

Dulce in violation of Health and Safety Code Section 1508 unbeknownst to above
alleged governmental funding agencies

19

Defendants OATES and WILSON engaged in acts of financial

110
20
21
22

malfeasance

on pretext

based

on payments

defendants OATES

for

and

plaintiffs

WILSON

placement

and

in uncertified Facility

Facility

2

Dulce

2

were certified

23
111

Defendant INTERIM knew or should have known and defendant

24
25
26

WILSON observed defendant OATES and plaintiffs to either fight over foster

children or for plaintiffs to be beaten tortured by defendant forced to steal food or

27
28

go hungry forced to walk and run in competitions of her design while carrying large
29
COMPLAINT FOR DAMAGES

1

loads took away their personal belongings forced plaintiffs to ask defendant for a

2

glass of water toilet paper and toothpaste among other things demeaned and

3

cursed plaintiffs forced plaintiffs to clean defendant s house several hours each

4
5
6

night to wear used clothes to wear clothes that were too small causing shame and

embarrassment beat plaintiffs with belts shows and anything else defendant could
find effused to allow plaintiffs to wash clothes in defendant s machine in Facility

8
9
10

2 forced plaintiffs to walk or ride a bike carrying plastic bags of clothes miles to
and from the Laundromat in all kinds of weather

11
112

In or about 9 07 defendants OATES WILSON and plaintiffBLJNN

12
13
14

moved

to location to

113

facility

3

Pool

Defendants OATES and WILSON breached mandatory statutory duties

15

imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d by
16
1
1g

failing to report a change in location to defendant INTERIM
114

Defendants OATES and WILSON breached mandatory statutory duties

19
20
21
22

imposed by Section 89218 c by failing to submit an application for approval on
Facility

3

115

Pool

Defendants OATES and WILSON breached mandatory statutory duties

23
24
25
26

imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d
and 89361 d by failing to obtain a Certificate of Approval from defendant
AZARIAH

on

Facility

3

Pool

27
28
30
COMPLAINT FOR D

MAGES

1
2
3

116

Defendant INTERIM s administrator defendant AZARIAH did not

and could not

issue

a

Certificate

of

Approval

on

Facility 3 Pool under Section

89240 a given defendants OATES and WILSON s licensing violations defendant

4
5
6

INTERIM made no site visit provided no supervision little or no contact with

plaintiffs putting plaintiffs at risk offoreseeable harm as opposed to immediate
removal mandated by law when they knew or should have known plaintiffs

8
9
10

suffered ongoing abuse and neglect
117

Facility 3 Pool was not a certified family home pursuant to Title 22

11
Sections 88001

3

c

88005

89201 1

2

89201

u

1

89201

u

1

C

3

12
13

g9206 a and Health and Safety Code sections 1503 5 and 1508 putting plaintiffs at

14

a foreseeable risk of harm

15
118

Defendants OATES and WILSON were not certified parents who met

16
1

licensing requirements in uncertified Facility 3 pursuant to Sections 88001 c 4

1g

88005 89201 1

2

89201

u

1

89201

u

1

3

C

89206

a

Health and Safety

19

Code sections 1503 5 and 1508 while defendant INTERIM provided no
20
21

supervision little is any contact putting plaintiffs at risk of foreseeable harm as

22

opposed to immediate removal mandated by law when it knew or should have

23

known plaintiffs suffered ongoing abuse and neglect
24

25
26

119

Defendant INTERIM breach mandatory statutory duties imposed by

Sections 88005

88030 b

80001

80005 89201

c

89205 89206

a

89231 a

27
28

Health and Safety Code Sections 1503 5 and 1508 by operating uncertified Facility
31
COMPLAINT FOR DAMAGES

1
2

3 Pool with no supervision over and little if any contact with plaintiffs putting

plaintiffs at risk of foreseeable harm when they knew or should have known

3

plaintiffs suffered ongoing abuse and neglect
4
120

5
6

Defendants directors F WILSON MALHOTRA and CHHUDU

breached mandatory statutory duties imposed by Health and Safety Code Section

7
1508

by

operating

uncertified

Facility 3 Pool with no supervision over and little

8
9
10

if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when
they knew or should have known plaintiffs suffered ongoing abuse and neglect

11
121

Defendant administrator AZARIAH breached mandatory statutory

12
13

duties imposed by Health and Safety Code Section 1508 by operating uncertified

14

Facility 3 Pool with no supervision and little if any contact with plaintiffs

15

putting plaintiffs at risk of foreseeable harm when it knew or should have known
16
1
1g

plaintiffs suffered ongoing abuse and neglect
122

Defendant CEO SINGH breached mandatory statutory duties imposed

19
20

by Health

and

Safety

Code Section 1508

by

operating

uncertified

Facility

3

Pool

21

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk

22

of foreseeable harm when it knew or should have known plaintiffs suffered ongoing

23
abuse and neglect

24
25
26

123

Defendant INTERIM breached mandatory statutory duties imposed by

Sections 89206 d

89255 and Health and Safety Code Section 1547 by failing to

27
28
32
COMPLAINT FOR DAM

GES

1
2

issue an immediate civil penalty against defendants OATES and WILSON on
uncertified

Facility

3

3 Pool

Defendant INTERIM breached mandatory statutory duties imposed by

124
4
5

Section 86206 j by failing to notify the CPS placement agency that plaintiffs were

6

in

uncertified

Facility 3 in violation ofHealth and Safety Code Sections 1505 and

7

1508 with no supervision and little if any contact with plaintiffs putting plaintiffs
8
9
10

at risk of foreseeable harm when it knew or should have known plaintiffs suffered
ongoing abuse and neglect

11

Defendant INTERIM s breach of mandatory statutory duties imposed

125
12

Section 86206

13

by

14

moved

to

by failing to notify CPS that defendants OATES and WILSON

an uncertified

Facility

3 caused plaintiffs to remain in uncertified

15

Facility 3 in violation ofHealth and Safety Code Section 1508 as opposed to
16
1

immediate removal mandated by law with no supervision and little if any contact

1g

with plaintiffs putting plaintiffs at risk of foreseeable harm when it knew or should

19

have known plaintiffs suffered ongoing abuse and neglect
20
126

21
22

by

Defendant INTERIM s breach of mandatory statutory duties imposed

Section 86206

constituted inimical conduct that caused plaintiffs to remain in

23
uncertified

Facility 3 in violation ofHealth and Safety Code Section 1508 as

24
25
26

opposed to immediate removal as mandated by law with no supervision and little

if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when it

27

knew or should have known plaintiffs suffered ongoing abuse and neglect
28
33
COMPLAINT FOR DAMAGES

127

1
2
3

Defendant INTERIM breached mandatory statutory duties imposed by

Section 89205 holding uncertified defendants OATES and WILSON and uncertified
Facility 3 out as certified to CPS causing plaintiffs to remain in uncertified Facility

4
5
6
7

3 in violation of Health and Safety Code section 1508 as opposed to immediate
removal mandated by law with no supervision and little if any contact with

plaintiffs putting plaintiffs at risk of foreseeable harm when it knew or should have

8
9

known plaintiffs suffered ongoing abuse and neglect

10

128

Defendant INTERIM s breach ofmandatory statutory duties imposed

11

by Section 88061 c holding out uncertified defendants OATES and WILSON and
12
13
14

uncertified

under

Facility 3 Pool as certified to CPS constituted a serious deficiency

Section 89201

s

1

causing

plaintiffs

to

remain

in

uncertified

Facility

3 in

15

violation of Health and Safety Code Section 1508 as opposed to immediate removal
16
1
1g

mandated by law with no supervision and little if any contact with plaintiffs

putting plaintiffs at risk of foreseeable harm when it knew or should have known

19

plaintiffs suffered ongoing abuse and neglect
20
129

21
22

by

Defendant INTERIM s breach of mandatory statutory duties imposed

Section 89206

for failure to report defendants OATES and WILSON and

23
24

Facility 3 Pool were uncertified in violation ofHealth and Safety Code Section

25

1508 as opposed to immediate removal mandated by law with no supervision and

26

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm

27

when it knew or should have known plaintiffs suffered ongoing abuse and neglect
28
34
COMPLAINT FOR DAMAGES

2
3

Plaintiffs

130

1

placement

in

uncertified

Facility 3 Pool in violation of

Health and Safety Code Section 1508 was child abuse under Health and Safety Code
Section 1531 5 c 3 and 4 and Welfare and Institutions Code Section 300 b

4
5
6

reportable under Penal Code Section 11166 mandating plaintiffs immediate
removal

7

Defendant INTERIM breached mandatory statutory duties imposed by

131
8
9
10

Penal Code Section 11166 by failing to report plaintiffs placement in uncertified
Facility 3 Pool in violation of Health and Safety Code Section 1508 causing

11
plaintiffs

to

remain

in uncertified facility

3 with no supervision and little if any

12
13

contact putting plaintiffs at risk of foreseeable harm as opposed to immediate

14

removal mandated by law when it knew or should have known that plaintiffs

15

suffered ongoing abuse and neglect
16
132

1
1g

by Penal

Defendant INTERIM s breach of mandatory statutory duties imposed

Code Section 11166 for failure to

report

Facility

19
was a

serious

deficiency

under section

89201

s

1

3

Pool was uncertified

caused plaintiffs to remain in

20

Facility 3 in violation of Health and Safety Code Section 1508 as

21

uncertified

22

opposed to immediate removal mandated by law with no supervision and little if

23
24
25
26

any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when it
knew or should have known plaintiffs suffered ongoing abuse and neglect
133

Defendant INTERIM s breach of mandatory statutory duties imposed

27
28

by Penal Code Section 11166 and Title 22 Sections 89205 86206 j 88661 c
35
COMPLAINT FOR DAMAGES

1
2

among others with no supervision and little if any contact aided abetted and
permitted

defendants OATES

and

WILSON

s operation of uncertified

Facility

3

3

Pool in violation of Health and Safety Code Section 1508 as opposed to plaintiffs
4
5

immediate removal mandated by law putting plaintiffs at risk of foreseeable harm

6

when they knew or should have known plaintiffs suffered ongoing abuse and

7
neglect

8
134

9
10

Defendant INTERIM engaged in acts of financial malfeasance based on

payments from the U S Department of Health and Human Services California

11

Department of Social Services and San Bernardino Department of Social Services
12
13
14

for

plaintiffs

placement

in

uncertified

by Facility

3 in violation of Health and

Safety Code Section 1508 unbeknownst to said government funding agencies as

15

opposed to immediate removal mandated by law with no supervision and little if
16
1

any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when it

1g

knew or should have known plaintiffs suffered ongoing abuse and neglect

19
135

Defendants directors F WILSON MALHOTRA and CHHUDU

20
21
22

breached mandatory statutory duties imposed

by

Section 88063

c

2 by approving

and monitoring a budget based on payments from the U S Department of Health

23

and Human Services California Department of Social Services and San Bernardino
24
25
26

Department

of

Social Services for

plaintiffs

placement

in uncertified Facility

violation of Health and Safety Code Section 1508 unbeknownst to said government

27

28

3 in

funding agencies with no supervision and little if any contact with plaintiffs
36
COMPLAINT FOR DAMAGES

1

putting plaintiffs at risk of foreseeable harm when it knew or should have known

2

plaintiffs suffered ongoing abuse and neglect

3

Defendants directors F WILSON MALHOTRA and CHHUDU

136
4
5
6

breached mandatory statutory duties imposed

Section 88063

by

c

3 by approving

and monitoring a budget to cover operation costs based on payments from the U S

7

Department of Health and Human Services California Department of Social
8
9
10

Services and San Bernardino Department of Social Services for plaintiffs
placement

in

uncertified

Facility 3 in violation of Health and Safety Code Section

11

1508 unbeknownst to said government funding agencies with no supervision and
12
13

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm

14

When it knew or should have known plaintiffs suffered ongoing abuse and neglect

15
137

Defendants directors F WILSON MALHOTRA and CHHUDU

16
1
1g

breached mandatory statutory duties imposed

by

Section 88063

c

3 by accessing

and maintaining defendant INTERIM s level of funding to cover operation costs

19

based on payments from the U S Department of Health and Human Services
20
21
22

California Department of Social Services and San Bernardino Department of Social
Services for

plaintiffs

placement

in

uncertified

Facility 3 in violation of Health

23
24

and Safety Code Section 1508 unbeknownst to said government funding agencies

25

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk

26

of foreseeable harm when it knew or should have known plaintiffs suffered ongoing

27
abuse and neglect

28

37
COMPLAINT FOR DAMAGES

i

2

Defendants directors F WILSON MALHOTRA and CHHLTDU

138

1

breached mandatory statutory duties imposed

3
operating

uncertified

by

Section 80000 1

3 and 88018 by

Facility 3 Pool in violation of Health and Safety Code

4
5

Section 1508 unbeknownst to said government funding agencies with no

6

supervision and little if any contact with plaintiffs putting plaintiffs at risk of
foreseeable harm when it knew or should have known plaintiffs suffered ongoing

8
9

abuse and neglect

10

Defendant SINGH engaged in acts of financial malfeasance based on

139

11

payments form the U S Department of Health and Human Services California
12
13
14

Department of Social Services and San Bernardino Department of Social Services
for

plaintiffs

placement

in uncertified

Facility

3 in violation of Health and Safety

15

Code Section 1508 unbeknownst to said government funding agencies with no
16
1

supervision and little if any contact with plaintiffs putting plaintiffs at risk of

1g

foreseeable harm as opposed to immediate removal mandated by law when it knew

19

or should have known plaintiffs suffered ongoing abuse and neglect
20
21
22

140

plaintiffs

Defendants OATES and WILSON engaged in conduct inimical to
health

morals

welfare

and

safety

by operating uncertified Facility

3

23

Dulce in violation of Health and Safety Code Section 1508 unbeknownst to above
24
25

alleged governmental funding agencies

26
27
28
38
COMPLAINT FOR DAMAGES

1
2

Defendants OATES and WILSON engaged in acts of financial

141

malfeasance

based

on payments

for

3
on pretext

defendants OATES

and

placement

plaintiffs

WILSON

and

in

Facility

uncertified

3

Pool

Facility

3

were certified

4
5
6

In or about 11 20 07 defendants OATES WILSON and plaintiff

142

BLTNN

moved

7

to

Facility 4 on 14594 Woodworth Way Victorville California

Defendants OATES and WILSON breached mandatory statutory duties

143
8
9
10

imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d by
failing to report a change in location to defendant INTERIM

11

Defendants OATES and WILSON breached mandatory statutory duties

144
12
13
14

imposed by Section 89218 c by failing to submit an application for approval on
Facility

4 Woodworth

15
The identical factual

145

scenario

in

76 111 with regard to uncertified

16
17
1g

Facility

2

Dulce

and

112 141

to

uncertified

repeated with regard

with regard

Facility

to

uncertified

4 Woodworth

Facility 3 Pool
Defendant INTERIM s

19

administrator defendant AZARIAH did not and could not issue a Certificate of
20

Facility 4 Woodworth under Section 89240 a given defendants

21

Approval

22

OATES and WILSON were not in compliance with licensing regulations defendant

on

23

INTERIM made no site visit provided no supervision little if any contact putting
24
25
26

plaintiffs at a risk of foreseeable harm as opposed to immediate removal mandated

by law knowing or should know plaintiffs suffered ongoing abuse and neglect

27

28
39
COMPLAINT FOR DAMAGES

146

1
2
3

Defendant INTERIM engaged in acts of financial malfeasance based on

payments from the U S Department of Health and Human Services California
Department of Social Services and San Bernardino Department of Social Services

4
5
6

for

plaintiffs

placement

in

uncertified

by Facility

4 in violation of Health and

Safety Code Section 1508 unbeknownst to said government funding agencies as
opposed to immediate removal mandated by law with no supervision and little if

8
9
10

any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when it
ew or should have known plaintiffs suffered ongoing abuse and neglect

11
147

Defendant SINGH continued to engage in acts of financial malfeasance

12
13
14

based on payments form the U S Department of Health and Human Services

California Department of Social Services and San Bernardino Department of Social

15
Services for

plaintiffs

placement

in

uncertified

Facility 4 in violation of Health

16
17
1g

and Safety Code Section 1508 unbeknownst to said government funding agencies
with no supervision and little if any contact with plaintiffs putting plaintiffs at risk

19

of foreseeable harm as opposed to immediate removal mandated by law when it
20
21
22

knew or should have known plaintiffs suffered ongoing abuse and neglect
148

Defendants directors F WILSON MALHOTR A and CHHUDU

23
breached mandatory statutory duties imposed

by

Section 88063

c

2 by approving

24
25

and monitoring a budget based on payments from the U S Department of Health

26

and Human Services California Department of Social Services and San Bernardino

27
Department

of

Social Services for

plaintiffs

placement

28
40
COMPLAINT FOR DAMAGES

in uncertified

Facility 4 in

1
2
3

violation of Health and Safety Code Section 1508 unbeknownst to said government

funding agencies with no supervision and little if any contact with plaintiffs

putting plaintiffs at risk of foreseeable harm when it knew or should have known

4
5
6

plaintiffs suffered ongoing abuse and neglect
149

Defendants directors F WILSON MALHOTRA and CHHUDU

breached mandatory statutory duties imposed by Section 88063 c 3 by approving
8
9
10
11

and monitoring a budget to cover operation costs based on payments from the U S
Department of Health and Human Services California Department of Social
Services and San Bernardino Department of Social Services for plaintiffs

12
13
14

Placement

in

uncertified

Facility 4 in violation of Health and Safety Code Section

1508 unbeknownst to said government funding agencies with no supervision and

15

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm
16
1
1g

when it knew or should have known plaintiffs suffered ongoing abuse and neglect
150

Defendants directors F WILSON MALHOTRA and CHHUDU

19
breached mandatory statutory duties imposed

by

Section 88063

c

3 by accessing

20
21

and maintaining defendant INTERIM s level of funding to cover operation costs

22

based on payments from the U S Department of Health and Human Services

23

California Department of Social Services and San Bernardino Department of Social
24
in

Facility 4 in violation of Health

25

Services for

26

and Safety Code Section 1508 unbeknownst to said government funding agencies

plaintiffs

placement

uncertified

27

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk
28
41
COMPLAINT FOR DAMAGES

1
2

of foreseeable harm when it knew or should have known plaintiffs suffered ongoing
abuse and neglect

3

Defendants directors F WILSON MALHOTRA and CHHUDU

151
4
5
6

breached mandatory statutory duties imposed

operating

uncertified

by

Section 80000 1

3 and 88018 by

Facility 4 Woodworth in violation of Health and Safety

7

Code Section 1508 unbeknownst to said government funding agencies with no
8
9
10

supervision and little if any contact with plaintiffs putting plaintiffs at risk of
foreseeable harm when it knew or should have known plaintiffs suffered ongoing

11
abuse and neglect

12
13
14

Defendants OATES and WILSON engaged in conduct inimical to

152

health

plaintiffs

morals

welfare

and

safety

by

operating

uncertified

Facility

4

15

woodworth in violation of Health and Safety Code Section 1508 unbeknownst to
16
1
1g

above alleged governmental funding agencies
Defendants OATES and WILSON engaged in acts of financial

153

19
malfeasance

based

on payments

for

plaintiffs

placement

in

uncertified

Facility

4

20
21
22

on pretext

defendants OATES

and

WILSON

and

Facility

4 Woodworth

were

certified

23
154

On 11 11 07 unlawful detainer Case No UDVS 701833 was filed

24
25
26

against

Facility

defendants OATES

1

and

WILSON for

nonpayment of rent

13945 Topmast Drive Helendale California 92342

27
28
42
COMPLAINT FOR DAMAGES

3 534 96 on

2

On 11 11 07 plaintiffs and defendants OATES and WILSON resided in

155

1

uncertified

3
156

facility

4 Woodworth

On 12 04 07 defendants OATES and WILSON were evicted from

4
5

Facility

6

1 by court order Case No UDVS701833

157

Defendants OATES

and

WILSON

s eviction

from

Facility

1 while

7
also

residing in

uncertified

Facility

4 Woodworth

was an unusual incident

8
9

reportable under Section 88061

10

158

Defendants INTERIM breached mandatory statutory duties imposed by

11

Section 88061 by failing to report defendants OATES and WILSON s eviction from
12
13

Facility

14

1 on 12 04 07

159

On 2 1 08 unlawful detainer Case No UDVS800320 was filed against

15

defendants OATES

WILSON for

and

nonpayment of rent

4 870 00

on uncertified

16
1

Facility

1g

4

160

Woodworth

On 2 20 08 defendants OATES WILSON and plaintiffs were evicted

19
from

uncertified

Facility 4 Woodworth Case No UDVS800320 for nonpayment

20
21
22

of rent

4 870 00 unbeknownst to the alleged governmental agencies due to

financial malfeasance of defendants INTERIM defendant directors F WILSON

23

MALHOTRA CHHUDU defendant CEO SINGH defendant administrator
24
25
26

AZARIAH and defendants OATES and WILSON
161

Plaintiffs

eviction

from

uncertified

Facility 4 Woodworth for

27

nonpayment of rent was child abuse under Health and Safety Code Section
28
43
COMPLAINT FOR DAMAGES

1
2

1531 5

4 and Welfare and Institutions Code Section 300 b reportable under

3

c

Penal Code Section 11166

3
162

Defendant INTERIM breached mandatory statutory duties imposed by

4
5
6

Penal Code Section 11166

by failing to report

plaintiffs

eviction

from

Facility

4

Woodworth

7
163

Defendant INTERIM breached mandatory statutory duties imposed by

8
9
10

Penal Code Section 11166 by failing to report plaintiffs placement in uncertified
Facility 4 Woodworth in violation of Health and Safety Code Section 1508

11
causing

plaintiffs

to

remain

in

uncertified

Facility 4 with no supervision and little

12
13
14

if any contact putting plaintiffs at risk of foreseeable harm as opposed to immediate
removal mandated by law when it knew or should have known that plaintiffs

15
suffered ongoing abuse and neglect
16
164

1
1g

Plaintiffs and defendants eviction from unauthorized uncertified

Facility 4 Woodworth due to financial malfeasance of defendants INTERIM

19

defendant directors F WILSON MALHOTRA CHHUDU defendant CEO
20
21
22

SINGH defendant administrator AZARIAH and defendants OATES and WILSON

constituted an unusual incident under Section 88061 4 and a serious deficiency

23
under

Section 89201

s

1

24
25
26

165

Defendant INTERIM s breach of mandatory statutory duties imposed

by Section 88061 4 by failing to report to the Department that plaintiffs were

27
evicted

28

from

uncertified

Facility

4 Woodworth

44
COMPLAINT FOR DAMAGES

2

Defendant INTERIM s breach ofmandatory statutory duties imposed

166

1

by

Section 88061

by failing

to

report plaintiffs

3
Woodworth

was a

serious

deficiency

under

eviction

from

Section 89201

uncertified

s

1

4

Facility

that caused

4
5
6

plaintiffs to remain in the custody ofuncertified defendants OATES and WILSON
in violation ofHealth and Safety Code section 1508 and to remain in uncertified
Facility 4 also in violation of Health and Safety Code Section 1508 with no

8
9
10

supervision and little if any contact with plaintiffs putting plaintiffs at risk of

foreseeable harm as opposed to immediate removal mandated by law when it knew

11

or should have known plaintiffs suffered ongoing abuse and neglect
12

14

On 3 1 08 plaintiff BUNN and defendants OATES and WILSON

167

13

moved

to

Facility 5 on 13547 Silversand Street Victorville

15

Defendants OATES and WILSON breached mandatory statutory duties

168
16
17
1g

imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d by
failing to report a change in location to defendant INTERIM

19
169

Defendants OATES and WILSON breached mandatory statutory duties

20
21
22

imposed by Section 89218 c by failing to submit an application for approval on
Facility 5 Silversand

23
170

The identical factual

scenario

in

76 111 with regard to uncertified

24
25
26

Facility
158

2

112 141

Dulce

with regard

to

uncertified

with regard

to

uncertified

Facility

3

Pool

142

Facility 4 Woodworth repeated with regard to

27
uncertified

Facility

5

Silversand

Defendant INTERIM s administrator defendant

28
45
COMPLAINT FOR DAMAGES

1
2

AZARIAH did

not and could not

issue

a

Certificate

of

Approval

on

Facility

5

Silversand under Section 89240 a given defendants OATES and WILSON were

3

not in compliance with licensing regulations defendant INTERIM made no site
4
5

visit provided no supervision little if any contact putting plaintiffs at a risk of

6

foreseeable harm as opposed to immediate removal mandated by law knowing or
should know plaintiffs suffered ongoing abuse and neglect

8
171

9
10

Defendant INTERIM continued to engage in acts of financial

malfeasance based on payments from the U S Department of Health and Human

11

Services California Department of Social Services and San Bernardino Department
12
Social Services for plaintiffs

placement

in

uncertified

by Facility 5 in violation

13

of

14

ofHealth and Safety Code Section 1508 unbeknownst to said government funding

15

agencies as opposed to immediate removal mandated by law with no supervision
16
1

and little if any contact with plaintiffs putting plaintiffs at risk of foreseeable

1g

harm when it knew or should have known plaintiffs suffered ongoing abuse and

19
neglect

20
21
22

172

Defendant SINGH continued to engage in acts of financial malfeasance

based on payments form the U S Department ofHealth and Human Services

23

California Department of Social Services and San Bernardino Department of Social
24

in

Facility 5 in violation of Health

25

Services for

26

and Safety Code Section 1508 unbeknownst to said government funding agencies

plaintiffs

placement

uncertified

27

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk
28

46
COMPLAINT FOR DAMAGES

1
2

of foreseeable harm as opposed to immediate removal mandated by law when it
knew or should have known plaintiffs suffered ongoing abuse and neglect

3

Defendants directors F WILSON MALHOTRA and CHHUDU

173
4
5
6

breached mandatory statutory duties imposed by Section 88063 c 2 by approving
and monitoring a budget based on payments from the U S Department of Health
and Human Services California Department of Social Services and San Bernardino

8
9
10

Department

of

Social Services for

plaintiffs

placement

in

uncertified

Facility

5 in

violation of Health and Safety Code Section 1508 unbeknownst to said government

11

funding agencies with no supervision and little if any contact with plaintiffs
12
13
14

Putting plaintiffs at risk of foreseeable harm when it knew or should have known
plaintiffs suffered ongoing abuse and neglect

15
174

Defendants directors F WILSON MALHOTRA and CHHUDU

16

by

Section 88063

3 by approving

1

breached mandatory statutory duties imposed

1g

and monitoring a budget to cover operation costs based on payments from the U S

c

19

Department of Health and Human Services California Department of Social
20
21
22

Services and San Bernardino Department of Social Services for plaintiffs
placement

in

uncertified

Facility 5 in violation of Health and Safety Code Section

23

1508 unbeknownst to said government funding agencies with no supervision and
24
25

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm

26

when it knew or should have known plaintiffs suffered ongoing abuse and neglect

27
28
47
COMPLAINT FOR DAMAGES

1
2

Defendants directors F WILSON MALHOTRA and CHHUDU

175

breached mandatory statutory duties imposed

by

Section 88063

c

3 by accessing

3

and maintaining defendant INTERIM s level of funding to cover operation costs
4
5
6

based on payments from the U S Department of Health and Human Services

California Department of Social Services and San Bernardino Department of Social

7
Services for

plaintiffs

placement

in

uncertified

Facility

5 in violation of Health

8
9
10

and Safety Code Section 1508 unbeknownst to said government funding agencies
With no supervision and little if any contact with plaintiffs putting plaintiffs at risk

11

of foreseeable harm when it knew or should have known plaintiffs suffered ongoing
12
13
14

abuse and neglect

Defendants directors F WILSON MALHOTRA and CHHUDU

176

15
breached mandatory statutory duties imposed

by

Section 80000 1

3 and 88018 by

16
uncertified

Facility 5 Silversand in violation of Health and Safety Code

1

operating

1g

Section 1508 unbeknownst to said government funding agencies with no

19

supervision and little if any contact with plaintiffs putting plaintiffs at risk of
20
21
22

foreseeable harm when it knew or should have known plaintiffs suffered ongoing
abuse and neglect

23
177

Defendants OATES and WILSON engaged in conduct inimical to

24
25
26

plaintiffs

health

morals

welfare

and

safety

by operating uncertified Facility

Silversand in violation of Health and Safety Code Section 1508 unbeknownst to

27
28

5

above alleged governmental funding agencies
48
COMPLAINT FOR DAMAGES

2

Defendants OATES and WILSON engaged in acts of financial

178

1

malfeasance

based

on payments

for

plaintiffs

placement

in

3
on pretext

defendants OATES

and

WILSON

and

Facility

uncertified

5

Facility

Silversand

4

were

4
5

certified

6

179

from

On 8 25 09 defendants OATES WILSON and plaintiffs were evicted

uncertified

Facility 5 Silversand for nonpayment of rent for six months

8
9
10

8 400 00 Case No UDVS902368

180

San Bernardino Sheriffs locked plaintiffs and defendants OATES and

11
WILSON

our of uncertified

Facility 5 Silversand exercising a Writ of Possession

12
13
14

Permitting plaintiffs five minutes to retrieve few if any personal belongings carried
away in plastic bags

15
181

Defendants OATES WILSON and dependent foster children were

16
1
1g

homeless for five months from on or about 8 25 09 to 1 1 10
182

Defendants OATES WILSON and plaintiffs eviction from uncertified

19
20
21
22

Facility 5 followed by five months ofhomelessness was due to financial
malfeasance of all defendants
183

Plaintiffs

eviction

from

uncertified

Facility 5 for nonpayment and

23

homelessness for five months was child abuse under Health and Safety Code
24
25
26

Section 1531 5 c and Welfare and Institutions Code Section 300 b reportable
under Penal Code Section 11166

27
28

49
COMPLAINT FOR DAMA

ES

2
3

Defendant INTERIM breached mandatory statutory duties imposed by

184

1

Penal Code Section 11166 by failing to report plaintiffs eviction from uncertified
Facility 5 and homelessness which caused plaintiffs to remain homeless in the

4
5

custody of homeless uncertified defendants OATES and WILSON with no

6

supervision and little if any contact putting plaintiffs at risk of foreseeable harm as
opposed to immediate removal mandated by law knowing or should know

8
9

plaintiffs suffered ongoing abuse and neglect

10

Defendant INTERIM s breach of mandatory statutory duties imposed

185

11

by Penal Code Section 11166 by failing to report plaintiffs eviction from
12
13
14

uncertified

g9201

s

1

Facility

5

and

homelessness

were

serious deficiencies

under Section

causing plaintiffs to remain homeless in the custody of homeless

15

uncertified defendants OATES and WILSON with no supervision and little if any
16
1
1g

contact putting plaintiffs at risk offoreseeable harm as opposed to immediate
removal mandated by law when it knew or should have known plaintiffs suffered

19
ongoing abuse and neglect
20
21
22

186

uncertified

Plaintiffs and defendants OATES and WILSON s eviction from

Facility 5 and homelessness was due to the financial malfeasance of

23

defendants INTERIM defendant directors F WILSON MALHOTRA and
24
25

CHHUDU defendant CEO SINGH defendant AZARIAH and defendants OATES

26

and WILSON constituted an unusual incident under Section 88061 4 and a serious

27

28

deficiency under Section

89201

s

1

50
COMPLAINT FOR D

MAGES

187

1
2
3

Defendant INTERIM breached mandatory statutory duties imposed by

Section 88061 4

by failing to report the

eviction

from

uncertified

home

5 and

homelessness and the no supervision and little if any contact causing foster

4
5
6

children to remain homeless with uncertified homeless defendants OATES and

WILSON in violation ofHealth and Safety Code Section 1508 unbeknownst to said

7

government funding agencies as opposed to immediate removal mandated by law
8
9

when it knew or should have known plaintiffs suffered ongoing abuse and neglect

10

188

Defendant INTERIM s breach ofmandatory statutory duties imposed

11

by Section 88061 by failure to report plaintiffs eviction and the homelessness of
12
13
14

foster

children was a

serious

deficiency

under

Section 89201

s

1

that caused

foster children to remain homeless with uncertified homeless defendants OATES

15

and WILSON in violation of Health and Safety Code Section 1508 with no
16
1

supervision and little if any contact putting plaintiffs at risk of foreseeable harm as

1g

opposed to immediate removal mandated by law when it knew or should have

19

known plaintiffs suffered ongoing abuse and neglect
20
189

21
22

by

Defendant INTERIM s breach of mandatory statutory duties imposed

Section 89206

by failing to notify CPS ofplaintiffs eviction and the

23
homelessness

of

foster

children constituted a

serious

deficiency under Section

24

1 that caused plaintiffs to remain homeless in the custody of uncertified

25

89201

26

homeless defendants OATES and WILSON in violation of Health and Safety Code

s

27
28

Section 1508 with no supervision and little if any contact putting plaintiffs at risk
51
COMPLAINT FOR DAMAGES

1
2

of foreseeable harm as opposed to immediate removal mandated by law when it
knew or should have known plaintiffs suffered ongoing abuse and neglect

3

At some point between defendant OATES and WILSON moved from

190
4
5

6 plaintiff BUNN was transferred to another foster home This was

5

Facility

6

following two successful attempts at running away that went unreported by OATES

and

WILSON and defendant INTERIM
8

10

On 1 1 lOdefendants OATES

191

9

and

WILSON

moved

to

Facility

6 on

13141 Snowview Road Victorville

11

On or about January 2010 defendant INTERIM placed plaintiff A R

192
12
13
14

DOB August 1

1999 then age 10 with defendants OATES and WILSON in

Facility 6located at 13141 Snowview Road Victorville

15

Defendant INTERIM knew or should have known defendants OATES

193
16
1

and WILSON violated plaintiff BLJNN s personal rights enumerated in Sections

18

89372 1

4

2

5

6

B

8

9

10

11

16

20

23

in

Facility

6

19
Snowview
20
21
22

by but not

limited to

forcing them to scrub walls floors vacuum

1

and sweep floors lift rugs move and replace furniture clean toilets kitchen and
bathrooms nightly in violation of Section 89378 suffering extreme pain fatigue and

23
severe

sleep deprivation

2 not allowing them to eat the same food as defendants

24
25
26

OATES

the

and

same

WILON in

table

as

violation of

Section 89376

defendants OATES

and

WILON in

3 not allowing them to eat at
violation of

Section 89376

27
28

depriving them of adequate food in violation of Section 89276 causing a constant
52
COMPLAINT FOR DAMAGES

4

1
2
3

state of

5 prohibiting them from opening the refrigerator or entering the

hunger

food pantry in

violation of

6 barring them from court ordered

Section 89376

contact with relatives in violation of Section 89379

4

6

Defendants OATES and WILSON breached mandatory statutory duties

194

5

imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d by
failing to report a change in location to defendant INTERIM

8

10

Defendants OATES and WILSON breached mandatory statutory duties

195

9

imposed by Section 89218 c by failing to submit an application for approval on

11

Facility

6

Silversand

12

14

The identical factual

196

13

Facility

2

112 141

Dulce

scenario

in

with regard

76 111 with regard to uncertified

to

uncertified

Facility

3 Pool

142

15
158

with regard

to

uncertified

Facility

168 186 with regard to

4 Woodworth

16
1
1g

uncertified

5

Facility

Snowview

Silversand

repeated with regard

to

uncertified

Facility

6

Defendant INTERIM s administrator defendant AZARIAH did not

19
and could not

issue

a

Certificate

of

Approval

on

Facility 6 Snowview under

20
21
22

Section 89240 a given defendants OATES and WILSON were not in compliance

with licensing regulations defendant INTERIM made no site visit provided no

23
24
25
26

supervision little if any contact putting plaintiffs at a risk of foreseeable harm as
opposed to immediate removal mandated by law knowing or should know
plaintiffs suffered ongoing abuse and neglect

27
28
53
COMPLAINT FOR DAMAGES

197

1
2

Defendant INTERIM continued to engage in acts of financial

malfeasance based on payments from the U S Department of Health and Human

3

Services California Department of Social Services and San Bernardino Department
4
5
6

of

Social Services for

plaintiffs

placement

in

uncertified

by Facility

6 in violation

of Health and Safety Code Section 1508 unbeknownst to said government funding

7

agencies as opposed to immediate removal mandated by law with no supervision
8
9
10

and little if any contact with plaintiffs putting plaintiffs at risk of foreseeable
harm when it knew or should have known plaintiffs suffered ongoing abuse and

11
neglect

12
13
14

198

Defendant SINGH continued to engage in acts of financial malfeasance

based on payments form the U S Department of Health and Human Services

15

California Department of Social Services and San Bernardino Department of Social
16
in

Facility 6 in violation of Health

1

Services for

1g

and Safety Code Section 1508 unbeknownst to said government funding agencies

plaintiffs

placement

uncertified

19

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk
20
21
22

of foreseeable harm as opposed to immediate removal mandated by law when it
knew or should have known plaintiffs suffered ongoing abuse and neglect

23
199

Defendants directors F WILSON MALHOTRA and CHHUDU

24

25
26

breached mandatory statutory duties imposed by Section 88063 c 2 by approving
and monitoring a budget based on payments from the U S Department of Health

27

and Human Services California Department of Social Services and San Bernardino
28
54
COMPLAINT FOR DAMAGE

I

1
2

Department

of

Social Services for

plaintiffs

placement

in

uncertified

Facility 6 in

violation of Health and Safety Code Section 1508 unbeknownst to said government

3

funding agencies with no supervision and little if any contact with plaintiffs
4
5
6

putting plaintiffs at risk of foreseeable harm when it knew or should have known
plaintiffs suffered ongoing abuse and neglect

7

Defendants directors F WILSON MALHOTRA and CHHUDU

200
8
9
10

breached mandatory statutory duties imposed

by Section

88063

c

3 by approving

and monitoring a budget to cover operation costs based on payments from the U S

11

Department of Health and Human Services California Department of Social
12
13
14

Services and San Bernardino Department of Social Services for plaintiffs
placement

in

uncertified

Facility 6 in violation of Health and Safety Code Section

15

1508 unbeknownst to said government funding agencies with no supervision and
16
1
1g

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm
when it knew or should have known plaintiffs suffered ongoing abuse and neglect

19
201

Defendants directors F WILSON MALHOTRA and CHHUDU

20
21
22

breached mandatory statutory duties imposed

by

Section 88063

c

3 by accessing

and maintaining defendant INTERIM s level of funding to cover operation costs

23

based on payments from the U S Department of Health and Human Services
24
25
26

California Department of Social Services and San Bernardino Department of Social
Services for

plaintiffs

placement

in

uncertified

Facility 6 in violation of Health

27
28

and Safety Code Section 1508 unbeknownst to said government funding agencies
55
COMPLAINT FOR D

MAGES

1

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk

2

of foreseeable harm when it knew or should have known plaintiffs suffered ongoing

3
abuse and neglect

4
5
6

Defendants directors F WILSON MALHOTRA and CHHUDU

202

breached mandatory statutory duties imposed

operating

uncertified

by

Section 80000 1

3 and 88018 by

Facility 6 Snowview in violation of Health and Safety Code

8
9
10

Section 1508 unbeknownst to said government funding agencies with no
supervision and little if any contact with plaintiffs putting plaintiffs at risk of

11

foreseeable harm when it knew or should have known plaintiffs suffered ongoing
12
13
14

abuse and neglect

Defendants OATES and WILSON engaged in conduct inimical to

203

15
plaintiffs

health

morals

and

welfare

safety

by

operating

uncertified

Facility

6

16
17
1g

Snowview in violation of Health and Safety Code Section 1508 unbeknownst to

above alleged governmental funding agencies

19

Defendants OATES and WILSON engaged in acts of financial

204
20
21
22

malfeasance

on pretext

based

on payments

defendants OATES

for

and

plaintiffs

WILSON

placement

and

in

uncertified

Facility

Facility 6 Snowview were

23
certified

24
25
26

205

In or about 12 10 defendant DOMINGUEZ came on board as

defendant INTERIM s administrator

27
28
56
C

MPLAINT FOR DAMAGES

6

i

2
3

Defendant DOMINGUEZ

206

1

continued

to

operate uncertified

Facility

6

Snowview as certified in breach of mandatory duties imposed by Health and

Safety Code Section 1508 unbeknownst to said governmental funding agencies

4
5
6

alleged herein with no supervision and little if any contact putting plaintiffs at risk

of foreseeable harm as opposed to immediate removal mandated by law when
defendant knew or should have known plaintiffs suffered ongoing abuse and

8
9

neglect

10

On 12 8 10 unlawful detainer Case No UDVS1004160 was filed

207

11
against

defendants OATES

and

WILSON

on uncertified

Facility

6

Snowview

12

14

On 2 23 11 defendants OATES WILSON and plaintiffs were evicted

208

13
from

uncertified

Facility 6 Snowview by court order No UDVS 1004160

15

unbeknownst to governmental funding agencies alleged herein
16
1
1g

Defendants OATES and WILSON s and plaintiffs eviction for

209

nonpayment of rent was due to financial malfeasance of defendants INTERIM

19

directors F WILSON MALHOTRA CCHUDU CEO SINGH and administrator
20
21
22

DOMINGUEZ alleged hereinabove with particularity
210

Defendant INTERIM breached mandatory statutory duties imposed by

23

Penal Code Section 11166 by failing to report defendants eviction from uncertified
24

6 and homelessness which caused defendants OATES WILSON and

25

Facility

26

foster children to remain homeless in the custody of homeless uncertified defendants

27

OATES and WILSON with no supervision and little if any contact putting
28
57
COMPLAINT FOR DAMAGES

1
2

plaintiffs at risk of foreseeable harm as opposed to immediate removal mandated by
law knowing or should know plaintiffs suffered ongoing abuse and neglect

3
211

Defendant INTERIM s breach of mandatory statutory duties imposed

4
5

by Penal Code Section 11166 by failing to report plaintiffs eviction from

6

uncertified

7

Facility

6

was a

serious

deficiency

under

Section 89201

s

1

causing

plaintiffs to remain homeless in the custody of homeless uncertified defendants

8
9
10

OATES and WILSON with no supervision and little if any contact putting

plaintiffs at risk of foreseeable harm as opposed to immediate removal mandated by

11

law when it knew or should have known plaintiffs suffered ongoing abuse and
12
13

neglect

14

212

Plaintiffs and defendants OATES and WILSON s eviction from

15
uncertified

Facility 6 was due to the financial malfeasance of defendants

16
1
1g

INTERIM defendant directors F WILSON MALHOTR A and CHHLTDU
defendant CEO SINGH defendant DOMINGUEZ and defendants OATES and

19

WILSON constituted an unusual incident under Section 88061 4 and a serious
20
21

deficiency under

22

213

Section 89201

s

1

Defendant INTERIM breached mandatory statutory duties imposed by

23
24
25
26

Section 88061 4 by failing to report defendants eviction and that of foster children
from

uncertified

214

home

6

Defendant INTERIM s breach of mandatory statutory duties imposed

27
28

by Section 88061 by failure to report the eviction and homelessness of defendants
58
COMPLAINT FOR DAMAGES

1
2
3

and

foster

children was a

serious

deficiency

under

Section 89201

s

1

that caused

plaintiffs to remain homeless with uncertified homeless defendants OATES and

WILSON in violation of Health and Safety Code Section 1508 with no supervision

4
5
6

and little if any contact putting plaintiffs at risk of foreseeable harm as opposed to
immediate removal mandated by law when it knew or should have known plaintiffs

7

suffered ongoing abuse and neglect
8
215

9
10

by

Defendant INTERIM s breach of mandatory statutory duties imposed

Section 89206

by failing to notify CPS ofplaintiffs eviction and homelessness

11
constituted a

serious

deficiency

under

Section 89201

s

1

that caused plaintiffs to

12
13
14
15

remain with uncertified defendants OATES and WILSON in violation of Health and

Safety Code Section 1508 with no supervision and little if any contact putting
plaintiffs at risk of foreseeable harm as opposed to immediate removal mandated by

16
1
1g

law when it knew or should have known plaintiffs suffered ongoing abuse and
neglect

19
216

In 3 11 plaintiff A R and defendants OATES and WILSON moved to

20
21
22

Facility 7 on Bluegrass in Victorville
217

Defendants OATES and WILSON breached mandatory statutory duties

23
24
25

imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d by
failing to report a change in location to defendant INTERIM

26
27

28
59
COMPLAINT FOR DAMAGES

2

Defendants OATES and WILSON breached mandatory statutory duties

218

1

imposed by Section 89218 c by failing to submit an application for approval on

3

Facility

7

Bluegrass

4
219

5
6

Facility

The identical factual

2 Dulce

112 141

scenario

in

with regard

to

76 111 with regard to uncertified

uncertified

7
158

with regard

to

uncertified

Facility

Facility

3

Pool

142

168 186 with regard to

4 Woodworth

8
9
10

uncertified

6

Facility

Snowview

5

186 212 with regard to uncertified Facility

Silversand

and repeated with regard

to

uncertified

Facility 7 Bluegrass

11

Defendant INTERIM s administrator defendant DOMINGLJEZ did not and could
12
13
14

not

issue

a

Certificate

of

Approval

on

Facility

7 Bluegrass under Section

g9240 a given defendants OATES and WILSON were not in compliance with

15

licensing regulations defendant INTERIM made no site visit provided no
16
1

supervision little if any contact putting plaintiffs at a risk of foreseeable harm as

1g

opposed to immediate removal mandated by law knowing or should know

19

plaintiffs suffered ongoing abuse and neglect
20
220

21
22

Defendant INTERIM continued to engage in acts of financial

malfeasance based on payments from the U S Department of Health and Human

23

Services California Department of Social Services and San Bernardino Department
24
25
26

of

Social Services for

plaintiffs

placement

in

uncertified

by Facility

7 in violation

ofHealth and Safety Code Section 1508 unbeknownst to said government funding

27

agencies as opposed to immediate removal mandated by law with no supervision
28
60
COMPLAINT FOR DAMAGES

1

and little if any contact with plaintiffs putting plaintiffs at risk of foreseeable

2

harm when it knew or should have known plaintiffs suffered ongoing abuse and

3
neglect

4
5
6

221

Defendant SINGH continued to engage in acts of financial malfeasance

based on payments form the U S Department of Health and Human Services
California Department of Social Services and San Bernardino Department of Social

8
9
10

Services for

plaintiffs

placement

in uncertified Facility

7 in violation of Health

and Safety Code Section 1508 unbeknownst to said government funding agencies

11

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk
12
13
14

of foreseeable harm as opposed to immediate removal mandated by law when it
ew or should have known plaintiffs suffered ongoing abuse and neglect

15
222

Defendants directors F WILSON MALHOTR A and CHH JDU

16
1
1g

breached mandatory statutory duties imposed by Section 88063 c 2 by approving
and monitoring a budget based on payments from the U S Department of Health

19

and Human Services California Department of Social Services and San Bernardino
20
Social Services for

in uncertified

Facility 7 in

21

Department

22

violation of Health and Safety Code Section 1508 unbeknownst to said government

of

plaintiffs

placement

23
24
25
26

funding agencies with no supervision and little if any contact with plaintiffs

putting plaintiffs at risk of foreseeable harm when it knew or should have known
plaintiffs suffered ongoing abuse and neglect

27
28
61
COMPLAINT FOR DAMAGES

1
2
3

Defendants directors F WILSON MALHOTRA and CHHUDU

223

breached mandatory statutory duties imposed

by

Section 88063

c

3 by approving

and monitoring a budget to cover operation costs based on payments from the U S

4
5
6

Department of Health and Human Services California Department of Social
Services and San Bernardino Department of Social Services for plaintiffs

7
placement

in

uncertified

7 in violation of Health and Safety Code Section

Facility

8
9
10

1508 unbeknownst to said government funding agencies with no supervision and

little ifany contact with plaintiffs putting plaintiffs at risk of foreseeable harm

11

when it knew or should have known plaintiffs suffered ongoing abuse and neglect
12
13
14

224

Defendants directors F WILSON MALHOTRA and CHHUDU

breached mandatory statutory duties imposed

by

Section 88063

c

3 by accessing

15

and maintaining defendant INTERIM s level of funding to cover operation costs
16
17

based on payments from the U S Department ofHealth and Human Services

1g

California Department of Social Services and San Bernardino Department of Social

19
Services for

plaintiffs

placement

in

uncertified

Facility

7 in violation of Health

20
21

and Safety Code Section 1508 unbeknownst to said government funding agencies

22

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk

23

of foreseeable harm when it knew or should have known plaintiffs suffered ongoing
24
25
26

abuse and neglect

225

Defendants directors F WILSON MALHOTRA and CHHUDU

27
breached mandatory statutory duties imposed

by

Section 80000 1

28
62
COMPLAINT FOR DAMAGES

3 and 88018 by

1
2

operating

uncertified

7 Bluegrass in violation ofHealth and Safety Code

Facility

Section 1508 unbeknownst to said government funding agencies with no

3
supervision

and

little if any

with plaintiffs

contact

p utting p laintiffs at risk of

4
5
6

foreseeable harm when it knew or should have known plaintiffs suffered ongoing
abuse and neglect

7

Defendants OATES and WILSON continued to engage in conduct

226
8
9
10

inimical to plaintiffs health morals welfare and safety by operating illegal
uncertified

Facility

7 Bluegrass in violation ofHealth and Safety Code Section

11

1508 unbeknownst to above alleged governmental funding agencies
12
13
14

Defendants OATES and WILSON engaged in acts of financial

22

malfeasance

based

on payments

for

plaintiffs

placement

in

15
on pretext

defendants OATES

and

WILSON

and

Facility

uncertified

7

Facility

Bluegrass

7

were

16
1
1g

certified

228

On 3 4 1 l the state licensed defendant OATES to operate a family

19
child care

home

at

the

same

location

as uncertified

Facility

7 Bluegrass

20
21

apparently unaware defendant was uncertified and operated at least six uncertified

22

homes since 6 07 with four evictions and five months of homelessness due to

23

defendants financial malfeasance alleged above with particularity
24
25
26

229

In or about 10 18 1 l defendant P AMNIT came on board as defendant

INTERIM s administrator

27
28
63
COMPLAINT FOR DAMAGES

1
2
3

Defendant RAMNIT continued to hold out uncertified defendants

230

OATES and WILSON to the placement CPS as certified in breach of mandatory

statutory duties imposed by Section 89250 to procure and maintain placements for

4
5
6

uncertified

Facility

7 Bluegrass in violation of Health and Safety code Section

1508 unbeknownst to said governmental funding agencies

7

T

Defendant RA

231

continued

to

operate uncertified

Facility

7

8
9
10

Bluegrass as certified in breach of mandatory duties imposed by Health and Safety
Code Section 1508 unbeknownst to said governmental funding agencies alleged

11

herein with no supervision and little if any contact putting plaintiffs at risk of
12
13
14

foreseeable harm as opposed to immediate removal mandated by law when
defendant knew or should have known plaintiffs suffered ongoing abuse and

15
neglect

16
17
1 g

232

On 1 20 12 defendant administrator P AMNIT issued defendant

WILSON a Certificate ofApproval to operate a certified family home located at a

19
different location than uncertified Facility

7 Bluegrass

20
21
22

233

imposed

by

Defendant P AMNIT thereby breached mandatory statutory duties
Section 89240

a

namely defendant WILSON was in noncompliance

23
24
25
26

with applicable licensing regulation since 6 07 operated six uncertified facilities for
a period of five years including numerous evictions for nonpayment of rent and
homelessness due to financial malfeasance

27
28
64
COMPLAINT FOR DAMAGES

1
2

On 10 3 12 defendant INTERIM revoked defendants OATES and

234

WILSON S Certificate

3

of

Approval

on

Facility

1 issued on 11 16 06

On 6 25 13 the California Department of Social Services Department

235
4
5
6

filed and served ACCUSATION CDSS No 6712269202 against defendants OATES
and WILSON to revoke the Certificate of Approval defendant INTERIM issued on

7
11 16 06

on

Facility

1 purportedly located on Bluegrass

8
9
10
11

236

According to the ACCUSATION defendant INTERIM issued

defendant OATES one Certificate of Approval on 11 16 06 in effect until revoked

10 3 12 whereas defendant OATES lived in 8 different locations between 11 16 06

12
13

to 10 3 12 evicted from four with foster children and homeless for five months with

14

foster children

15
237

Unbeknownst to the Department

Facility

1 was not located on

16

1 was located on 1394 Topmast Drive Helendale California

1

Bluegrass

1g

92342 defendants OATES

Facility

and

WILSON

were evicted

from

Facility

1

Topmast

19

on 12 4 07 UDVS701833 defendants OATES and WILSON did not reside on
20
21

Bluegrass until 2011

22

238

ACCUSATION CDSS No 6712269202 petitioned to Rescind

23
Previous Criminal Record Exemption

of defendant WILSON

24
239

25
26

under

ACCUSATION CDSS No 6712269202 alleged Conduct inimical

Health

and

Safety

Code

section

1558

a

On or about April 16 2012

27

defendant WILSON forcible and against her will grabbed Raquel Estes arm
28
65
COMPLAINT FOR DAMAGES

1
2
3

pushed her against a wall and pinned her arms above her head and committed a

battery upon her with sexual intent Additionally defendant WILSON made a
statement to the effect that he was going to cemmit a forcible sex act upon her

4
5

person making Estes fearful that she was going to be raped

6
7

ACCUSATION CDSS No 6712269202 alleged Physical

240

abuse personal rights violations under Health and Safety Code sections 1534 b

8
9
10

1558

1596 885

a

Among

the

allegations of abuse are

18 Between and on or

about November 16 2006 to October 12 2012 defendant Wilson struck three foster

11

Other allegations include OATES slamming children to the ground

children

12
13
14

choking them dragging them upstairs hitting to the point of causing bleeding
beating with a belt and bat stabbing with a spoon handle making the children squat

15

and or run while holding heavy objects as a form of discipline
16
1
1g

241

ACCUSATION CDSS No

Requirements Health

and

Safety

6712269202

alleged

Code Sections 1534 b

and

Reporting
1558

a

Regulation

19
section

89361

a

On several occasions during the period from in or about 2011

20
21
22

through in or about March 2012 defendant Wilson failed to report incidents of
physical abuse or corporal punishment that he witnessed or had been informed of

23
24
25
26

To wit seeing defendant Oates strike foster children being told defendant Oates had
struck a foster child
242

In addition to the findings in the ACCUSATION defendants OATES

27

and WILSON assaulted battered and terrorized plaintiffs forced plaintiffs to fight
28
66
COMPLAINT FOR DAMAGES

1
2
3

other foster children or be beat by defendant OATES not allowed to eat the same
food as defendants OATES and WILSON s family not allowed to eat at the same

table as defendants OATES and WILSON deprived of adequate food prohibited

4
5
6

from opening the refrigerator or entering the food pantry forced to steal food or go
hungry forced to run away to try and contact family members

7
243

In addition defendants OATES and WILSON forced plaintiffs to ask

8
9
10
11

defendant for a glass of water toilet paper sanitary napkins toothpaste demeaned
and cursed plaintiffs forced plaintiffs to scrub walls floors vacuum and sweep
floors lift rugs move and replace furniture clean toilets kitchen and bathrooms

12
13

nightly several hours in the early morning before school suffered sleep deprivation

14

forced plaintiffs to wear used clothes took plaintiffs personal possession beat

15

plaintiffs with belts shoes anything defendant OATES could find refused to allow
16
1
1 g

plaintiffs to wash clothes in defendants washing machine forced plaintiffs to walk
or ride one bike to wash their clothes hit in the face causing bleeding slammed to

19

the ground dragged down stairs beat with belts forced to run around the block for
20
21

hours carrying heavy milk gallons filled with water

22

244

In addition defendants OATES and WILSON forced plaintiffs to

23

witness the abuse and terror of each other and all the other children in the facility
24
245

25
26

The ACCUSATION further

alleged

Rescission of Previous Criminal

Record Exemption and Lack of Good character Health and Safety Code Section

27
1522

and

1558

a

2

Regulation Section 89319 defendant WILSON violated the

28
67
COMPLAINT FOR DAMAGES

1
2
3

conditions of the previous criminal record exemption in that he failed to comply

with licensing laws or regulations failed to continue to demonstrate good character
engaged in conduct inimical as alleged in paragraphs 17 18 19 and 25 above

4
5
6

246

On August 29 2013 the Department issued a default decision against

defendant WILSON finding the factual allegations in the ACCUSATION to be true
correct and constitute violations of the Health and Safety Code Sections 1522

8
9
10

1534 b and 1558 a and California Code of Regulations Title 22 Sections 89319
g9361 and 89372 and grounds under Health and Safety Code section 1522 to

11

rescind defendant WILSON s previously granted criminal exemption
12
13
14
15

247

The Department s duly served Default Decision informed defendant

LSON of the right to request the decision be vacated within seven days after the
Department mailed the default decision and order to defendant WILSON and the

16
1
1g

procedure to said request

248

In or about January 2014 the Department issued a default decision

19

against defendant OATES finding the factual allegations in the ACCUSATION to
20
21

be true correct and constitute violations of the Health and Safety Code Sections

22

1522 1534 b and 1558 a and California Code ofRegulations Title 22 Sections

23

89319 893 61 and 893 72
24
25
26

249

The Department s duly served Default Decision informed defendant

OATES of the right to request the decision be vacated within seven days after the

27
28
68
COMPLAINT FOR DAMAGES

Department mailed the default decision and order to defendant WILSON and the

1
2

procedure to said request

3
250

Defendants OATES and WILSON did not request the default decisions

4
5
6
7

to be vacated

251

Defendant INTERIM maintained little if any contact with plaintiffs

providing no supervision over plaintiffs care in multiple uncertified community

8
9
10
11

care facilities over the period they were with defendants OATES and WILSON
252

As a direct result of above alleged acts and omissions plaintiffs

suffered severed physical and mental abuse trauma humiliation intimidation

12
13
14
15

threats embarrassment and shame deprivation of liberty and freedom and
substantial hurt and injury to plaintiffs health strength activity and substantial

enduring shock and injury to plaintiffs nervous system mental anguish depression

16
1

anxiety inability to sleep loss of focus and concentration confusion anger

1g

indignity nervousness hopelessness shame fear panic and desperation all of

19

which injuries caused and continue to cause plaintiffs severe mental pain and
20
21
22

suffering for which defendants are liable
253

Plaintiffs are informed believe and thereupon allege that said injuries

23

will result in some permanent disability and general damages in an amount which
24
25

will be stated according to proof pursuant to California Code of Civil Procedure

26

Section 425 10

which amount

is in excess

of

twenty five

27

28
69
OMPLAINT FOR DAMAGES

thousand

dollars

25 000