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Alejandro Sanchez 615 Townsite Drive Vista, CA 92084 760-681-4109 Plaintiff

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff. ) ) v. ) Superior Court of The State of California ) ) County of San Diego North County Division ) Civil Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official ) capacity; Clerk Lynn Arthur individually as well ) ) as in her Official capacity; Clerk Reporter ) Jennifer Stark individually as well as in her ) Official capacity; Sergeant Thomas Cleary ) individually as well as in his Official capacity; ) Deputy Doug Sanders individually as well as in ) his Official capacity; Supervisor Nancy Wikoff ) ) individually as well as in her Official capacity. ) NCHS supervisor Tiffani Mauro; Irma Cota Alejandro Sanchez
President and CEO, Phil Lenowsky Chief Financial Officer, Kevin Ellis Chief Medical Officer of the North County Health Services a Private Non Profit Corporation, Board of Directors of North County Health Services George E. Lopez Chair, Melissa Brown Board Vice-Chair, Diane Seaberg Secretary, Rick Martinez Treasurer, Adriana Andres-Paulson Immediate Past Chair, Andres Martin Board of Director, Clyde H. Beck Jr. Board of Director, Emigdio Lopez-Ramirez Board of Director, Shohre Zaheri Board of Director, Walt Steffen Board of Director. North County Health Services (North County Health Project Incorporated). and does 1-100 Defendants

Case No. 10cv0218 BEN WVG Judge: Hon. Roger T. Benitez

(1). Denial Of Access To The State Court Of California Northern Division (2). Racial Discrimination (3). Violation Of Due Process And Equal Protection Clause (4). Defamation Of Character (5). Harassment; Retaliation (6). Violation Of The American With Disability Act. (7) Violation of the Unruh Civil Rights Act (8). Violation Of First Amendment Right (9). Complaint For Permanent Injunction

Date: April 19, 2010 Time: 10:30 a.m. Courtroom: 3 (4th Floor) Complaint filed: January 28, 2010

FIRST AMENDED COMPLAINT

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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I. JURISDICTION AND VENUE This Court has jurisdiction of this action pursuant to American with Disabilities Act, Due Process and Equal Protection Clause, First Amendment Rights, and related Federal regulations. Additional claims in this case arise under the laws of the State of California, California Constitution. Venue is proper in this Court under 28 U.S.C § 1391 (b). Plaintiff and Defendants reside within the County of San Diego, in the Southern District of California. Defendant Superior Court of the State of California County of San Diego North County Division is a state agency, referred to herein as "Superior Court." Superior Court Defendants Civil Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official capacity; Clerk Lynn Arthur individually as well as in her Official capacity; Clerk Reporter Jennifer Stark individually as well as in her Official capacity; Sergeant Thomas Cleary individually as well as in his Official capacity; Deputy Doug Sanders individually as well as in his Official capacity; Supervisor Nancy Wikoff individually as well as in her Official capacity are all employees and conduct business in the Superior Court of the State of California County of San Diego North County Division. Defendant Tiffani Mauro is Vice President of Operations for North County Health Services, Defendant Irma Cota is President and CEO of North County Health Services, Defendant Phil Lenowsky Chief Financial Officer of North County Health Services, Defendant Kevin Ellis is the Chief Medical Officer for North County Health Services, Defendant George E. Lopez is the Chair of North County Health Services, Defendant Melissa Brown is the Board Vice-Chair of North County Health Services, Defendant Diane Seaberg is the Secretary of North County Health Services, Defendant Rick Martinez is the Treasurer of North County Health Services, Defendant Adriana Andres-Paulson is the Immediate Past Chair of North County Health Services, Defendant Andres Martin is Board of Director of North County Health Services, Defendant Clyde H. Beck Jr. is Board of Director of North County Health Services, Defendant Emilio Lopez-Ramirez is Board of Director of North County Health Services, Defendant Shohre Zaheri is Board of Director of North County Health Services, Defendant Walt Steffen is Board of Director of North County
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Health Services; North County Health Project Incorporated/ North County Health Services referred to herein as, "NCHS." NCHS is a Corporation all above name Defendants are employees of North County Health Services a Non-Profit 501C3 Corporation. All Defendants conduct their course of business in the State of California County of San Diego. All of the events affecting Plaintiff occurred within the Southern District of California. II. NATURE OF THE ACTION Plaintiff, his wife and five children have been patients of NCHS for on or about fifteen years (15). Plaintiff had never filed a written complaint against NCHS with NCHS administration. Recently Plaintiff filed a letter of complaint at the North County Health Office “NCHS” in the San Marcos site for staff painting inside the building in the waiting area while patients were waiting. Plaintiff and his children and other patients were sitting in the waiting area while the walls were being painted, smelling the paint; all the windows and doors were completely closed. Plaintiff and his children are severely asthmatic and have multiple allergies. Concurrently Plaintiff complained that the pharmacy's computer was constantly down and medications were not timely dispensed. Plaintiff filed a written Complaint in the NCHS San Marcos office located at 150 Valpreda Rd. San Marcos CA. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos Office. Defendant Mauro assured Plaintiff she would follow through with the complaint and sent Plaintiff a response letter. The third complaint was in regard to HINI not being readily available to children with respiratory problems.. In fifteen years Plaintiff complained a total of four times, three of these times were current complaints. The complaints were given to Defendant Tiffani Mauro and her assistants. Right after Plaintiff filed the current complaints with Defendant Tiffani Mauro he received a letter dated January 15, 2010 and signed by Defendant Kevin Ellis Court of the State of California County of San Diego North County Division via regular mail. Notifying Plaintiff that, “the North County Health Services can no longer provide services to you.” Accusing Plaintiff of being, “rude and threatening to several staff members and it now appears that you are now inappropriately interested in one or more female staff at North County Health Services….”
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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There were no court documents or any documents to show Defendants of North County Health Services ever filed anything in court instead they said they filed a police report. On or about January 15, 2010 an action was commenced against Plaintiff Sanchez by NORTH COUNTY HEALTH SERVICES in the SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF SAN DIEGO (North County Division). The Complaint was never served on Plaintiff Sanchez. Plaintiff Sanchez was never served with the Notice of Complaint or the Memorandum of the Complaint or any supporting documents. On January 26, 2010 Plaintiff Sanchez was notified via overnight mail [letter] of Defendant's North County Health Services Ex Parte scheduled for January 27, 2010 at 8:30 a.m. in the morning at Department 7 Judge David Brown presiding. Plaintiff Sanchez was never served with a timely Notice of the Ex Parte Motion, Motion or Supporting Memorandum of Ex Parte Motion, other supporting documents, Proof of Service declarations, exhibits, appendices and or other documents of either the Notice or the Memorandum of the Ex Parte Communication as authorized by CCP § 1010; Cal Rules Ct., Rule (s) 3.12061; 3.1112; 3.1306 (a); 3.1202 (c));2 3.1203; 3.1200.3 CCP Rule (s) 3.1204 (b);4 Plaintiff Sanchez was informed by an acquaintance that an action was register in the California Court North County Division. The action was registered and it is still registered in the electronic docket as Case No. 37-201000050386-CU-HR-NC.

Cal Rule (s) 3.1206 No hearing may be held unless applicant serves parties appearing at Ex Parte hearing with Ex Parte Application and any written opposition. 2 Supporting documents must be attached, declarations, and any other document that demonstrates the basis for Proceeding Ex Parte based upon personal knowledge. The Declaration must amount to an affirmative factual showing; containing competent testimony based upon personable knowledge of irreparable harm, immediate danger, or other statutory basis for granting Ex Parte relief Cal Rules Ct. 3.1202 © CCP § 2015.5. 3 Multiple Procedure Safeguards to require notice to the adverse party, and courts require strict compliance with this rule. 4 Party must attach Affidavit or Declaration showing Notice or attempted Notice to Opposing Party. An Ex Parte application for an order must be accompanied by a declaration showing that notice of the Ex Parte application was provided within the applicable time period, or that a good faith attempt at notice was made Cal Rule 3.1204 (b). The application must also state whether there was any response to the notice given, and whether opposition is expected Cal Rule 4 3.1204(b)(1); CCP §§ 2009, 2015.5].
First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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When Plaintiff Sanchez showed up to the San Diego Court North County Division with his daughter to view the file, the clerk of the court denied Defendant Sanchez access to view the file. Plaintiff Sanchez attempted to get the file against him several times thereafter. The acquaintance informed Plaintiff Sanchez that there was a file against him and he needed to insist that he be allowed to view the public file. Plaintiff Sanchez was denied the right to view the public file of Case No. 37-2010-00050386-CU-HR-NC [action against him]. Plaintiff Sanchez returned at a later date and once again requested to view the public file against him and he was once again denied the right to view the public file of Case No. 37-2010-00050386-CU-HR-NC of the action against him by North County Health Services. When Plaintiff Sanchez appeared in Courtroom 7 he cordially sat down as he listened to Judge David Brown proceedings. Judge David Brown took on or about over 30 minutes with a plaintiff/defendant in a restraining order. Then he took another over 15-20 minutes with another restraining order party. When he called Plaintiff Sanchez and the attorney for the North County Health Services Cynthia Sandoval, Judge Brown did not allow Defendant Sanchez to talk at all. In fact, when Plaintiff Sanchez tried to inform the court that he was never notified or served with any documents the Judge ignored and interrupted Plaintiff Sanchez the three times he attempted to talk. The entire ex parte meeting was very brief less than five minutes. Judge Brown granted the ex parte without any moving documents, proof of service, notices, memorandum or supporting documents. NCHS attorney Cynthia Sandoval even requested that the public documents be sealed. Further, that the public documents submitted to the San Diego Sheriff’s for service to Defendant Sanchez be retracted and sealed. These documents were indeed made available to the public then retracted and sealed. Plaintiff Sanchez was never shown or served with these public documents. Plaintiff Sanchez was never given the opportunity to defend himself in this action. There was absolutely nothing served or given to Plaintiff Sanchez, Plaintiff Sanchez and attorney Sandoval left the courtroom and were walking outside of the court. Judge Brown Bailiff called Plaintiff and NCHS attorney Sandoval back to the court. The Bailiff said, "the judge wants to see you in the courtroom." When Plaintiff Sanchez and NCHS attorney went back to the courtroom. Judge Brown said he only wanted to talk to attorney Sandoval and asked Plaintiff Sanchez to leave 5

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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the courtroom. NCHS attorney and Judge David Brown made a back alley deals, never allowed Plaintiff Sanchez the opportunity to defend himself or speak in the action and never served him with any moving papers against him. Employees of the Superior Court of The State of California County of San Diego North County Division have consistently denied access to the court to Hispanic and disabled individuals. Plaintiff Sanchez is a disabled individual within the meaning of the American with Disabilities Act “ADA.” This is not the first incident as the record and the declarations by other individuals will show. Other individuals and witnesses will testify that Plaintiff Sanchez a disabled individual has been constantly harassed and discriminated against by employees of the Superior Court of The State of California County of San Diego North County Division. Further that Plaintiff has filed complaints with the San Diego County CLERB Review Board. Dozens of Disabled and Hispanic people are discriminated against by the Superior Court of The State of California County of San Diego North County Division and many complaints have been filed with the county of San Diego. Disabled and Hispanic individuals are denied access to the Superior Court of The State of California County of San Diego North County Division court every single day. Defendant Sanchez did not attach copies of the above-mentioned court actions against him, summons or any document to this Complaint because he was denied access to the documents filed against him and he was never served with the documents. Further, Judge Brown completely sealed the file on January 27, 2010. Judge Brown ordered the Vista Sheriff’s not to serve the public document to Plaintiff Sanchez but to return the public documents to the court to be sealed. Never allowing Plaintiff Sanchez the opportunity to view the documents or an opportunity to format a defense because he did not have a clue as to what he is being accused of or who is making slanderous accusations against him. Or in which manner he was defamed by the documents filed and now sealed by Judge David Brown in the Superior Court of The State of California County of San Diego North County Division. Therefore Plaintiff Sanchez is moving these illegally sealed public documents of Case No. 372010-00050386-CU-HR-NC over to the United States District Court for the Southern District of California to adjoin this Complaint for (1). Denial of Access To The State Court Of California (2).6

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Racial Discrimination (3). Violation Of Due Process And Equal Protection Clause (4). Defamation Of Character (5). Harassment (6). Violation of the American with Disability Act “ADA” (7).
Violation of the Unruh Civil Rights Act (8) Violation Of First Amendment Right (9). Permanent

Injunction. III. THE PARTIES Plaintiff Sanchez is a Hispanic individual with Disabilities within the meaning of the American with Disabilities act, “ADA.” Plaintiff Sanchez is a resident of the city of Vista, County of San Diego. Defendant, Superior Court of The State of California County of San Diego North County Division is a public agency in the State of California refer herein as, "Superior Court." Defendants CARLOS; TONY; and MARIE are Civil Filling Clerks for the Superior Court of The State of California County of San Diego North County Division. Superior Court Attorneys advise the Superior Court Supervisor Holy not to release the last names of the these above named

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Superior Court Defendants. Therefore Plaintiff does not know the true last names of the Civil Filling Clerks. Defendants CARLOS; TONY; and MARIE are being sued in their individually as well as in their Official capacity; Defendant Clerk LYNN ARTHUR is the clerk for Presiding judge Robert P. Dahlquist she is being sued individually as well as in her Official capacity;

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Defendant JENNIFER STARK is the Clerk Reporter for Presiding judge Robert P. Dahlquist she is being sued individually as well as in her Official capacity; Defendant Sergeant THOMAS CLEARY works in the Superior Court Sheriff Civil Office he is being sued in his individually as well as in his Official capacity; Defendant Deputy DOUG SANDERS works in the Superior Court Sheriff Civil Office he is being sued individually as well as in his Official capacity; Defendant

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NANCY WIKOFF is the Supervisor of the Superior Court Sheriff Civil Office she is being sued

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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individually as well as in her Official capacity. Employees of the Superior Court are referred herein as, "Superior Court Defendants." Defendant TIFFANI MAURO is the Vice President of Operations for the North County Health

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Services; Defendant IRMA COTA is the President and CEO of North County Health Services,
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Defendant PHIL LENOWSKY is the Chief Financial Officer of North County Health Services,
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Defendant KEVIN ELLIS is the Chief Medical Officer of the North County Health Services,
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Defendant GEORGE E. LOPEZ is the Chair Board of Directors of North County Health Services,
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Defendant Melissa Brown Board is the Vice-Chair of North County Health Services, Defendant
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DIANE SEABERG is the Secretary of North County Health Services, Defendant RICK
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MARTINEZ is the Treasurer of North County Health Services, Defendant ADRIANA ADRES11

PAULSON is the Immediate Past Chair of North County Health Services, Defendant ANDRES
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MARTIN is a Board of Director of North County Health Services, Defendant CLYDE H. BECK
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JR. is a Board of Director for North County Health Services, Defendant EMIGDIO LOPEZ14

RAMIREZ is a Board of Director for North County Health Services, Defendant SHOHRE
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ZAHERI is a Board of Director for North County Health Services, Defendant WALT STEFFEN is
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a Board of Director for North County Health Services. All North County Health Services
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Defendants will be referred to as, "NCHS Defendants" herein.
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North County Health Project Incorporated Private Non- Profit 501C3 Corporation. Will be
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referred to herein as "NCHS."
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IV.
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FIRST CAUSE OF ACTION
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DENIAL OF ACCESS TO THE STATE COURT OF CALIFORNIA
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NORTHERN DIVISION
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Plaintiff was/has been denied access to the California Courts Rule 1.100 (b) (42 U.S.C. §
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12101; 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act; and other
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applicable federal laws.) The Policy of the Courts in the State of California is suppose to insure
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that persons with disabilities have equal and full access to the judicial system. Plaintiff has been
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denied access to the Superior Court of The State of California County of San Diego North County8

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Division on many occasions. Plaintiff a disabled person was dumped5 by NCHS in violation of 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act. Plaintiff has suffered irreparable harm by the denial of his right to access the courts and view documents filed against him. Plaintiff has been stopped at the front door of the Superior Court of The State of California County of San Diego North County Division and told he cannot go into the court to file or review documents. As a result of the systemic practice and denial by Defendant Superior Court of The State of California County of San Diego North County Division Civil Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official capacity; Clerk LYNN ARTHUR individually as well as in her Official capacity; Clerk Reporter JENNIFER STARK individually as well as in her Official capacity; Sergeant THOMAS CLEARY individually as well as in his Official capacity; Deputy DOUG SANDERS individually as well as in his Official capacity; Supervisor NANCY WIKOFF individually as well as in her Official capacity. Plaintiff has suffered monetary damages in the sum of over $ 150,000. Plaintiff and his wife were left homeless along with their five young children. Three of Plaintiff’s children are disabled within the meaning of the ADA and the Individuals with Disabilities Education Act, “IDEA.” Plaintiff Sanchez lost his entire possessions, including birth certificates; complete life possessions were taken away from Plaintiff by the systemic practice of unlawful denials of his right to access the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, the Superior Court Defendants have denied him the right to review documents filed against him, the Superior Court Defendants have refused to file the documents he attempted to file in the court. Superior Court Defendants refused to allow plaintiff entrance to the court, mocked and humiliated him inside the courtroom in the case of Sanchez v. Bergensons Property. Therefore, Plaintiff is asking for compensation of his damages and financial losses. The North County Health Services Defendants violated Plaintiff Sanchez right to defend the claims against him by not serving document and adhering to the rules of the Court of Civil Procedures in the
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a term used in the health care industry meaning to get rid of patients in an unethical manner.

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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State of California in this present action. Along with patient dumping and violations of violation of 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act and Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104- 191) [HIPAA]. V. SECOND CAUSE OF ACTION
RACIAL DISCRIMINATION

Defendants of the Superior Court of The State of California County of San Diego North County Division have a discriminatory custom and practice of discrimination against Hispanic and Disabled individuals. Caucasian citizens are not discriminated or treated substandard as Hispanic and Disabled individuals. Caucasian individuals are not harassed, humiliated, and are not escorted outside for attempting to conduct regular business at the Superior Court of The State of California County of San Diego North County Division. Caucasian individuals are generally treated with courtesy, their moving papers are filed, their questions are answered, and the judges spend a generous amount of time listening to Caucasian parties. On the other hand Hispanic and disabled individuals are treated as maggots and criminals in the courtrooms by the clerks and judges. As a result of the Superior Court Defendants racial discrimination against Plaintiff Sanchez, he was not able to have access to the court, defend or move papers. Plaintiff Sanchez lost his entire possessions, including birth certificates; complete life possessions were taken away from Plaintiff by the unlawful denial of his right to access the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered permanent harm, grievous emotional distress, anxiety and loss of their home, possessions and liberties. Therefore, Plaintiff is asking for compensation of his damages and financial losses. /// ///
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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VI. VIOLATION OF DUE PROCESS AND EQUAL PROTECTION CLAUSE Federal laws provide the foundation for establishing the right of disabled individuals the right to equal protection and the right to have a due process of laws under the 14th Amendment to the Constitution of the United States of America. All Superior Court Defendants violated Plaintiff Due Process and Equal Protection Clause by refusing Plaintiff to have access to the courts, refusing to serve documents on Plaintiff, refusing to allow Plaintiff to view the public file of allegations against him, refusing to allow plaintiff to format a defense and by not adhering to the California Court of Civil Procedure Rules of the Court. NCHS Defendants harassed and retaliated against Plaintiff for filing a written complaint against the low standard of care by dumping, slandering and forming sham accusations against him. Denying Plaintiff the right to pursue a uniform complaint process a standard process and requirement with recipient agencies of both state and federal funding. By the unlawful denial of Plaintiff’s right to have access to the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, clerks of the court refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. By their wrongful course of action Superior Court Defendants as well as NCHS Defendants violated Plaintiff’s right to a due process and equal protection of laws. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, and loss of their home, possessions and liberties. This present action is evidence of the discriminatory pattern of attacks against Plaintiff by Superior Court Defendants as well as Defendants of NCHS. Therefore, Plaintiff is asking for compensation of his damages and financial losses. VII.
DEFAMATION OF CHARACTER

Plaintiff believes NCHS Defendants filed slanderous defamatory accusations against him for complaining about the standard of patient care at the NCHS San Marcos Clinic. These sham defamatory accusations were made public in court documents for the public to view. Further these 11

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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documents were given to the Sheriff’s to serve upon Plaintiff, Judge Brown retracted and ordered the documents to be returned to the court and filed under seal after the documents were made public and the accusations were made against Plaintiff Sanchez. Plaintiff was not allowed an opportunity to view the defamatory documents that were filed against him. The Court however, sealed all documents away from Plaintiff but not from the public view including the sheriffs, as these documents were made public from January 15, 2010 to January 27, 2010. The Superior Court Defendants denied plaintiff the right to view the public documents on several occasions. Further, the Court had an ex parte hearing in which Plaintiff was not allowed to participate in, view any documents or defend himself against the defamatory accusations. By these said unlawful denials of Plaintiff’s right to have access to the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties and federal protected rights. Therefore, Plaintiff is asking for compensation of his damages and financial losses. VIII.
HARRASMENT

Plaintiff filed a letter of complaint at the North County Health Office in the San Marcos site for staff painting inside the building in the waiting area while patients were waiting. Plaintiff complained about pharmacy prescriptions not being dispensed in a timely manner because the computers are constantly down. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos Office. Plaintiff filed a third complaint in regard to HINI not being readily available for children and elderly with respiratory problems. Plaintiff has a right to file a complaint about the standard of care his children were receiving at the North County Health Services San Marcos office. Right after Plaintiff filed the current complaints with Defendant Tiffani mauro he received a letter dated January 15, 2010 signed by Defendant Kevin Ellis via regular mail. Notifying
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Plaintiff that, “the North County Health Services can no longer provide services to you. Accusing Plaintiff of being "rude and threatening to several staff members and it now appears that you are now inappropriately interested in one or more female staff at North County Health Services….” NCHS Defendants further filed libelous accusations against him in Superior Court. These accusations were made with malice in an attempt to harass and intimidate Plaintiff, his wife and kids. NCHS Defendants intended to slander Plaintiff’s character and reputation within his community and his church. The actions of North County Health Services Defendants violated Plaintiff’s protected and statutory rights, slandered his reputation, and falsely accused Plaintiff of inappropriate acts as a result of the complaints he filed against them for the low standard of medical care. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation, loss of sleep, embarrassment loss of liberties. Therefore, Plaintiff is asking for compensatory and punitive damages. IX.
VIOLATION OF THE AMERICAN WITH DISABLITY ACT

Title II of the Americans with Disability Act prohibits discrimination in the provision of public benefits and services. Title II states: “No individual with a disability shall, by any reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity or be subjected to discrimination by any such entity.” the Unruh Civil Rights Act statutes require business establishments to provide “full and equal accommodations, advantages, facilities, privileges, or services.” The Superior Court of The State of California County of San Diego North County

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Division is a public agency and conducts business in the state of California.
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The North County Health Services is Incorporated as a Private, Non-Profit 501(c)(3)
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Corporation. As a Non-Profit Corporation, 86% of NCHS revenues come from federal funding.
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Therefore they have a contractual agreement with federal regulatory agencies to adhere to anti28

retaliation, anti-harassment and anti-discrimination laws. In fact their adherence is a condition

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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upon receiving the federal funds. Patient dumping by recipients of federal funds is strictly prohibited. North County Health Services claims to be, “Responding to the need to provide health services to low-income patients continues to underlie the mission of NCHS: “To improve the health status of our diverse communities by providing quality healthcare that is comprehensive, affordable, and culturally and linguistically sensitive.” By their discriminatory and retaliatory actions the North County Health Services Corporation and its agents have violated State and Federal Laws and their own mission of providing a standard of care, and being culturally and linguistically sensitive. Furthermore, NCHS and its Defendants have maliciously discriminated against Plaintiff knowing he is a disabled American within the Meaning of the Americans with Disability Act and the California Unruh Civil Rights Act . Further Plaintiff Sanchez children are also disabled within the meaning of the ADA and Individuals with Disability Education Act “IDEA” and the California Unruh Civil Rights Act. Plaintiff and his entire family were patients of North County Health Services for about fifteen years. When Plaintiff complained about the standard of care and the health and safety violation agents of the North County Health Services discriminated, retaliated, harassed, and falsely accused Plaintiff Sanchez of wrongful acts. Plaintiff Sanchez and his disabled children were denied access to healthcare and denied access to the courts to rectify the false accusations against him by all named defendants and agencies. The actions of Superior Court Defendants violated Plaintiff’s protected and statutory rights, slandered his reputation, and falsely accused him of inappropriate acts; as a result of the complaints Plaintiff filed against them for the low standard of medical care. The above Superior Court Defendants violated Plaintiff Sanchez right to defend himself, view court files, clerks of the court refused to file documents, at times refused to allow plaintiff to enter the court, mocked and humiliated him in the court even in the courtroom. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties. Therefore, Plaintiff is asking for compensation of his damages and financial losses.
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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X. VIOLATION OF FIRST AMENDMENT RIGHT Plaintiff filed a letter of complaint at the North County Health Office in the San Marcos site for staff painting inside the building in the waiting area while patients were waiting. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos Office. Plaintiff filed a second complaint in regard to HINI not being readily available for children with respiratory problems. Plaintiff filed a third complaint about the need for him fill out his medication, the computers are constantly down and therefore there is a long delay in getting prescription timely filed. Plaintiff has a right to file a complaint about the standard of care his children were receiving at the North County Health Services San Marcos office. As a result of Plaintiff’s exercise of his First Amendment Rights, Defendants of North County Health Services retaliated against Plaintiff by making false slanderous allegations against him, Violating his First Amendment Right, slandered Plaintiff’s reputation, and falsely accused him of inappropriate acts; as a result of the complaints he filed against them for the low standard of medical care. The above named Defendants violated Plaintiff Sanchez right to defend himself, view court files, clerks of the court refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties. Therefore, Plaintiff is asking for compensation of his damages and financial losses. XI. COMPLAINT FOR PERMANENT INJUNCTION Due to Defendants discriminatory, retaliatory and malicious acts of denying Plaintiff access to the courts. Violating the rights of Plaintiff and other Hispanic and disabled individuals to have access to the courts. NCHS Defendants actions of dumping Plaintiff and covering up their illegal actions by falsifying and accusing Plaintiff of unsavory conduct. Through their sham and illegal conduct the NCHS Defendants have discriminated and violated Plaintiff Constitutional and statutory rights. Plaintiff is asking that this court prohibit NCHS from dumping patients and drumming up false accusations against patients to justify their illegal actions and conduct.
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Plaintiff Sanchez lost his right to defend himself, view court files, Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of Federal and State protected liberties. Plaintiff is asking for a permanent injunction against the Superior Court of The State of California County of San Diego North County Division and the North County Health Services. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays: 1. For actual and compensatory damages in an amount to be ascertained according to proof; 2. For punitive damages in an amount sufficient to punish Defendants and deter others from conduct. 3. For a permanent injunction. 4. Such and other further relief as this court deems just and proper. Dated: March 30, 2010 Alejandro Sanchez__________________

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Alejandro Sanchez 615 Townsite Drive Vista, CA 92084 760-681-4109 Plaintiff

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff. ) ) v. ) Superior Court of The State of California ) ) County of San Diego North County Division ) Civil Filling Clerks CARLOS; TONY; and ) MARIE individually as well as in their Official capacity; Clerk Lynn Arthur individually as well ) ) as in her Official capacity; Clerk Reporter ) Jennifer Stark individually as well as in her ) Official capacity; Sergeant Thomas Cleary ) individually as well as in his Official capacity; ) Deputy Doug Sanders individually as well as in ) his Official capacity; Supervisor Nancy Wikoff ) ) individually as well as in her Official capacity. ) NCHS supervisor Tiffani Mauro; Irma Cota Alejandro Sanchez
President and CEO, Phil Lenowsky Chief Financial Officer, Kevin Ellis Chief Medical Officer of the North County Health Services a Private Non Profit Corporation, Board of Directors of North County Health Services George E. Lopez Chair, Melissa Brown Board Vice-Chair, Diane Seaberg Secretary, Rick Martinez Treasurer, Adriana Andres-Paulson Immediate Past Chair, Andres Martin Board of Director, Clyde H. Beck Jr. Board of Director, Emigdio Lopez-Ramirez Board of Director, Shohre Zaheri Board of Director, Walt Steffen Board of Director. North County Health Services (North County Health Project Incorporated). and does 1-100 Defendants

Case No. 10cv0218 BEN WVG Judge: Hon. Roger T. Benitez

(1). Denial Of Access To The State Court Of California Northern Division (2). Racial Discrimination (3). Violation Of Due Process And Equal Protection Clause (4). Defamation Of Character (5). Harassment; Retaliation (6). Violation Of The American With Disability Act. (7) Violation of the Unruh Civil Rights Act (8). Violation Of First Amendment Right (9). Complaint For Permanent Injunction

Date: April 19, 2010 Time: 10:30 a.m. Courtroom: 3 (4th Floor) Complaint filed: January 28, 2010

FIRST AMENDED COMPLAINT

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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I. JURISDICTION AND VENUE This Court has jurisdiction of this action pursuant to American with Disabilities Act, Due Process and Equal Protection Clause, First Amendment Rights, and related Federal regulations. Additional claims in this case arise under the laws of the State of California, California Constitution. Venue is proper in this Court under 28 U.S.C § 1391 (b). Plaintiff and Defendants reside within the County of San Diego, in the Southern District of California. Defendant Superior Court of the State of California County of San Diego North County Division is a state agency, referred to herein as "Superior Court." Superior Court Defendants Civil Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official capacity; Clerk Lynn Arthur individually as well as in her Official capacity; Clerk Reporter Jennifer Stark individually as well as in her Official capacity; Sergeant Thomas Cleary individually as well as in his Official capacity; Deputy Doug Sanders individually as well as in his Official capacity; Supervisor Nancy Wikoff individually as well as in her Official capacity are all employees and conduct business in the Superior Court of the State of California County of San Diego North County Division. Defendant Tiffani Mauro is Vice President of Operations for North County Health Services, Defendant Irma Cota is President and CEO of North County Health Services, Defendant Phil Lenowsky Chief Financial Officer of North County Health Services, Defendant Kevin Ellis is the Chief Medical Officer for North County Health Services, Defendant George E. Lopez is the Chair of North County Health Services, Defendant Melissa Brown is the Board Vice-Chair of North County Health Services, Defendant Diane Seaberg is the Secretary of North County Health Services, Defendant Rick Martinez is the Treasurer of North County Health Services, Defendant Adriana Andres-Paulson is the Immediate Past Chair of North County Health Services, Defendant Andres Martin is Board of Director of North County Health Services, Defendant Clyde H. Beck Jr. is Board of Director of North County Health Services, Defendant Emilio Lopez-Ramirez is Board of Director of North County Health Services, Defendant Shohre Zaheri is Board of Director of North County Health Services, Defendant Walt Steffen is Board of Director of North County
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Health Services; North County Health Project Incorporated/ North County Health Services referred to herein as, "NCHS." NCHS is a Corporation all above name Defendants are employees of North County Health Services a Non-Profit 501C3 Corporation. All Defendants conduct their course of business in the State of California County of San Diego. All of the events affecting Plaintiff occurred within the Southern District of California. II. NATURE OF THE ACTION Plaintiff, his wife and five children have been patients of NCHS for on or about fifteen years (15). Plaintiff had never filed a written complaint against NCHS with NCHS administration. Recently Plaintiff filed a letter of complaint at the North County Health Office “NCHS” in the San Marcos site for staff painting inside the building in the waiting area while patients were waiting. Plaintiff and his children and other patients were sitting in the waiting area while the walls were being painted, smelling the paint; all the windows and doors were completely closed. Plaintiff and his children are severely asthmatic and have multiple allergies. Concurrently Plaintiff complained that the pharmacy's computer was constantly down and medications were not timely dispensed. Plaintiff filed a written Complaint in the NCHS San Marcos office located at 150 Valpreda Rd. San Marcos CA. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos Office. Defendant Mauro assured Plaintiff she would follow through with the complaint and sent Plaintiff a response letter. The third complaint was in regard to HINI not being readily available to children with respiratory problems.. In fifteen years Plaintiff complained a total of four times, three of these times were current complaints. The complaints were given to Defendant Tiffani Mauro and her assistants. Right after Plaintiff filed the current complaints with Defendant Tiffani Mauro he received a letter dated January 15, 2010 and signed by Defendant Kevin Ellis Court of the State of California County of San Diego North County Division via regular mail. Notifying Plaintiff that, “the North County Health Services can no longer provide services to you.” Accusing Plaintiff of being, “rude and threatening to several staff members and it now appears that you are now inappropriately interested in one or more female staff at North County Health Services….”
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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There were no court documents or any documents to show Defendants of North County Health Services ever filed anything in court instead they said they filed a police report. On or about January 15, 2010 an action was commenced against Plaintiff Sanchez by NORTH COUNTY HEALTH SERVICES in the SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF SAN DIEGO (North County Division). The Complaint was never served on Plaintiff Sanchez. Plaintiff Sanchez was never served with the Notice of Complaint or the Memorandum of the Complaint or any supporting documents. On January 26, 2010 Plaintiff Sanchez was notified via overnight mail [letter] of Defendant's North County Health Services Ex Parte scheduled for January 27, 2010 at 8:30 a.m. in the morning at Department 7 Judge David Brown presiding. Plaintiff Sanchez was never served with a timely Notice of the Ex Parte Motion, Motion or Supporting Memorandum of Ex Parte Motion, other supporting documents, Proof of Service declarations, exhibits, appendices and or other documents of either the Notice or the Memorandum of the Ex Parte Communication as authorized by CCP § 1010; Cal Rules Ct., Rule (s) 3.12061; 3.1112; 3.1306 (a); 3.1202 (c));2 3.1203; 3.1200.3 CCP Rule (s) 3.1204 (b);4 Plaintiff Sanchez was informed by an acquaintance that an action was register in the California Court North County Division. The action was registered and it is still registered in the electronic docket as Case No. 37-201000050386-CU-HR-NC.

Cal Rule (s) 3.1206 No hearing may be held unless applicant serves parties appearing at Ex Parte hearing with Ex Parte Application and any written opposition. 2 Supporting documents must be attached, declarations, and any other document that demonstrates the basis for Proceeding Ex Parte based upon personal knowledge. The Declaration must amount to an affirmative factual showing; containing competent testimony based upon personable knowledge of irreparable harm, immediate danger, or other statutory basis for granting Ex Parte relief Cal Rules Ct. 3.1202 © CCP § 2015.5. 3 Multiple Procedure Safeguards to require notice to the adverse party, and courts require strict compliance with this rule. 4 Party must attach Affidavit or Declaration showing Notice or attempted Notice to Opposing Party. An Ex Parte application for an order must be accompanied by a declaration showing that notice of the Ex Parte application was provided within the applicable time period, or that a good faith attempt at notice was made Cal Rule 3.1204 (b). The application must also state whether there was any response to the notice given, and whether opposition is expected Cal Rule 4 3.1204(b)(1); CCP §§ 2009, 2015.5].
First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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When Plaintiff Sanchez showed up to the San Diego Court North County Division with his daughter to view the file, the clerk of the court denied Defendant Sanchez access to view the file. Plaintiff Sanchez attempted to get the file against him several times thereafter. The acquaintance informed Plaintiff Sanchez that there was a file against him and he needed to insist that he be allowed to view the public file. Plaintiff Sanchez was denied the right to view the public file of Case No. 37-2010-00050386-CU-HR-NC [action against him]. Plaintiff Sanchez returned at a later date and once again requested to view the public file against him and he was once again denied the right to view the public file of Case No. 37-2010-00050386-CU-HR-NC of the action against him by North County Health Services. When Plaintiff Sanchez appeared in Courtroom 7 he cordially sat down as he listened to Judge David Brown proceedings. Judge David Brown took on or about over 30 minutes with a plaintiff/defendant in a restraining order. Then he took another over 15-20 minutes with another restraining order party. When he called Plaintiff Sanchez and the attorney for the North County Health Services Cynthia Sandoval, Judge Brown did not allow Defendant Sanchez to talk at all. In fact, when Plaintiff Sanchez tried to inform the court that he was never notified or served with any documents the Judge ignored and interrupted Plaintiff Sanchez the three times he attempted to talk. The entire ex parte meeting was very brief less than five minutes. Judge Brown granted the ex parte without any moving documents, proof of service, notices, memorandum or supporting documents. NCHS attorney Cynthia Sandoval even requested that the public documents be sealed. Further, that the public documents submitted to the San Diego Sheriff’s for service to Defendant Sanchez be retracted and sealed. These documents were indeed made available to the public then retracted and sealed. Plaintiff Sanchez was never shown or served with these public documents. Plaintiff Sanchez was never given the opportunity to defend himself in this action. There was absolutely nothing served or given to Plaintiff Sanchez, Plaintiff Sanchez and attorney Sandoval left the courtroom and were walking outside of the court. Judge Brown Bailiff called Plaintiff and NCHS attorney Sandoval back to the court. The Bailiff said, "the judge wants to see you in the courtroom." When Plaintiff Sanchez and NCHS attorney went back to the courtroom. Judge Brown said he only wanted to talk to attorney Sandoval and asked Plaintiff Sanchez to leave 5

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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the courtroom. NCHS attorney and Judge David Brown made a back alley deals, never allowed Plaintiff Sanchez the opportunity to defend himself or speak in the action and never served him with any moving papers against him. Employees of the Superior Court of The State of California County of San Diego North County Division have consistently denied access to the court to Hispanic and disabled individuals. Plaintiff Sanchez is a disabled individual within the meaning of the American with Disabilities Act “ADA.” This is not the first incident as the record and the declarations by other individuals will show. Other individuals and witnesses will testify that Plaintiff Sanchez a disabled individual has been constantly harassed and discriminated against by employees of the Superior Court of The State of California County of San Diego North County Division. Further that Plaintiff has filed complaints with the San Diego County CLERB Review Board. Dozens of Disabled and Hispanic people are discriminated against by the Superior Court of The State of California County of San Diego North County Division and many complaints have been filed with the county of San Diego. Disabled and Hispanic individuals are denied access to the Superior Court of The State of California County of San Diego North County Division court every single day. Defendant Sanchez did not attach copies of the above-mentioned court actions against him, summons or any document to this Complaint because he was denied access to the documents filed against him and he was never served with the documents. Further, Judge Brown completely sealed the file on January 27, 2010. Judge Brown ordered the Vista Sheriff’s not to serve the public document to Plaintiff Sanchez but to return the public documents to the court to be sealed. Never allowing Plaintiff Sanchez the opportunity to view the documents or an opportunity to format a defense because he did not have a clue as to what he is being accused of or who is making slanderous accusations against him. Or in which manner he was defamed by the documents filed and now sealed by Judge David Brown in the Superior Court of The State of California County of San Diego North County Division. Therefore Plaintiff Sanchez is moving these illegally sealed public documents of Case No. 372010-00050386-CU-HR-NC over to the United States District Court for the Southern District of California to adjoin this Complaint for (1). Denial of Access To The State Court Of California (2).6

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Racial Discrimination (3). Violation Of Due Process And Equal Protection Clause (4). Defamation Of Character (5). Harassment (6). Violation of the American with Disability Act “ADA” (7).
Violation of the Unruh Civil Rights Act (8) Violation Of First Amendment Right (9). Permanent

Injunction. III. THE PARTIES Plaintiff Sanchez is a Hispanic individual with Disabilities within the meaning of the American with Disabilities act, “ADA.” Plaintiff Sanchez is a resident of the city of Vista, County of San Diego. Defendant, Superior Court of The State of California County of San Diego North County Division is a public agency in the State of California refer herein as, "Superior Court." Defendants CARLOS; TONY; and MARIE are Civil Filling Clerks for the Superior Court of The State of California County of San Diego North County Division. Superior Court Attorneys advise the Superior Court Supervisor Holy not to release the last names of the these above named

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Superior Court Defendants. Therefore Plaintiff does not know the true last names of the Civil Filling Clerks. Defendants CARLOS; TONY; and MARIE are being sued in their individually as well as in their Official capacity; Defendant Clerk LYNN ARTHUR is the clerk for Presiding judge Robert P. Dahlquist she is being sued individually as well as in her Official capacity;

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Defendant JENNIFER STARK is the Clerk Reporter for Presiding judge Robert P. Dahlquist she is being sued individually as well as in her Official capacity; Defendant Sergeant THOMAS CLEARY works in the Superior Court Sheriff Civil Office he is being sued in his individually as well as in his Official capacity; Defendant Deputy DOUG SANDERS works in the Superior Court Sheriff Civil Office he is being sued individually as well as in his Official capacity; Defendant

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NANCY WIKOFF is the Supervisor of the Superior Court Sheriff Civil Office she is being sued

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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individually as well as in her Official capacity. Employees of the Superior Court are referred herein as, "Superior Court Defendants." Defendant TIFFANI MAURO is the Vice President of Operations for the North County Health

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Services; Defendant IRMA COTA is the President and CEO of North County Health Services,
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Defendant PHIL LENOWSKY is the Chief Financial Officer of North County Health Services,
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Defendant KEVIN ELLIS is the Chief Medical Officer of the North County Health Services,
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Defendant GEORGE E. LOPEZ is the Chair Board of Directors of North County Health Services,
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Defendant Melissa Brown Board is the Vice-Chair of North County Health Services, Defendant
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DIANE SEABERG is the Secretary of North County Health Services, Defendant RICK
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MARTINEZ is the Treasurer of North County Health Services, Defendant ADRIANA ADRES11

PAULSON is the Immediate Past Chair of North County Health Services, Defendant ANDRES
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MARTIN is a Board of Director of North County Health Services, Defendant CLYDE H. BECK
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JR. is a Board of Director for North County Health Services, Defendant EMIGDIO LOPEZ14

RAMIREZ is a Board of Director for North County Health Services, Defendant SHOHRE
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ZAHERI is a Board of Director for North County Health Services, Defendant WALT STEFFEN is
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a Board of Director for North County Health Services. All North County Health Services
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Defendants will be referred to as, "NCHS Defendants" herein.
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North County Health Project Incorporated Private Non- Profit 501C3 Corporation. Will be
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referred to herein as "NCHS."
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IV.
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FIRST CAUSE OF ACTION
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DENIAL OF ACCESS TO THE STATE COURT OF CALIFORNIA
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NORTHERN DIVISION
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Plaintiff was/has been denied access to the California Courts Rule 1.100 (b) (42 U.S.C. §
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12101; 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act; and other
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applicable federal laws.) The Policy of the Courts in the State of California is suppose to insure
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that persons with disabilities have equal and full access to the judicial system. Plaintiff has been
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denied access to the Superior Court of The State of California County of San Diego North County8

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Division on many occasions. Plaintiff a disabled person was dumped5 by NCHS in violation of 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act. Plaintiff has suffered irreparable harm by the denial of his right to access the courts and view documents filed against him. Plaintiff has been stopped at the front door of the Superior Court of The State of California County of San Diego North County Division and told he cannot go into the court to file or review documents. As a result of the systemic practice and denial by Defendant Superior Court of The State of California County of San Diego North County Division Civil Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official capacity; Clerk LYNN ARTHUR individually as well as in her Official capacity; Clerk Reporter JENNIFER STARK individually as well as in her Official capacity; Sergeant THOMAS CLEARY individually as well as in his Official capacity; Deputy DOUG SANDERS individually as well as in his Official capacity; Supervisor NANCY WIKOFF individually as well as in her Official capacity. Plaintiff has suffered monetary damages in the sum of over $ 150,000. Plaintiff and his wife were left homeless along with their five young children. Three of Plaintiff’s children are disabled within the meaning of the ADA and the Individuals with Disabilities Education Act, “IDEA.” Plaintiff Sanchez lost his entire possessions, including birth certificates; complete life possessions were taken away from Plaintiff by the systemic practice of unlawful denials of his right to access the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, the Superior Court Defendants have denied him the right to review documents filed against him, the Superior Court Defendants have refused to file the documents he attempted to file in the court. Superior Court Defendants refused to allow plaintiff entrance to the court, mocked and humiliated him inside the courtroom in the case of Sanchez v. Bergensons Property. Therefore, Plaintiff is asking for compensation of his damages and financial losses. The North County Health Services Defendants violated Plaintiff Sanchez right to defend the claims against him by not serving document and adhering to the rules of the Court of Civil Procedures in the
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a term used in the health care industry meaning to get rid of patients in an unethical manner.

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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State of California in this present action. Along with patient dumping and violations of violation of 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act and Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104- 191) [HIPAA]. V. SECOND CAUSE OF ACTION
RACIAL DISCRIMINATION

Defendants of the Superior Court of The State of California County of San Diego North County Division have a discriminatory custom and practice of discrimination against Hispanic and Disabled individuals. Caucasian citizens are not discriminated or treated substandard as Hispanic and Disabled individuals. Caucasian individuals are not harassed, humiliated, and are not escorted outside for attempting to conduct regular business at the Superior Court of The State of California County of San Diego North County Division. Caucasian individuals are generally treated with courtesy, their moving papers are filed, their questions are answered, and the judges spend a generous amount of time listening to Caucasian parties. On the other hand Hispanic and disabled individuals are treated as maggots and criminals in the courtrooms by the clerks and judges. As a result of the Superior Court Defendants racial discrimination against Plaintiff Sanchez, he was not able to have access to the court, defend or move papers. Plaintiff Sanchez lost his entire possessions, including birth certificates; complete life possessions were taken away from Plaintiff by the unlawful denial of his right to access the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered permanent harm, grievous emotional distress, anxiety and loss of their home, possessions and liberties. Therefore, Plaintiff is asking for compensation of his damages and financial losses. /// ///
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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VI. VIOLATION OF DUE PROCESS AND EQUAL PROTECTION CLAUSE Federal laws provide the foundation for establishing the right of disabled individuals the right to equal protection and the right to have a due process of laws under the 14th Amendment to the Constitution of the United States of America. All Superior Court Defendants violated Plaintiff Due Process and Equal Protection Clause by refusing Plaintiff to have access to the courts, refusing to serve documents on Plaintiff, refusing to allow Plaintiff to view the public file of allegations against him, refusing to allow plaintiff to format a defense and by not adhering to the California Court of Civil Procedure Rules of the Court. NCHS Defendants harassed and retaliated against Plaintiff for filing a written complaint against the low standard of care by dumping, slandering and forming sham accusations against him. Denying Plaintiff the right to pursue a uniform complaint process a standard process and requirement with recipient agencies of both state and federal funding. By the unlawful denial of Plaintiff’s right to have access to the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, clerks of the court refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. By their wrongful course of action Superior Court Defendants as well as NCHS Defendants violated Plaintiff’s right to a due process and equal protection of laws. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, and loss of their home, possessions and liberties. This present action is evidence of the discriminatory pattern of attacks against Plaintiff by Superior Court Defendants as well as Defendants of NCHS. Therefore, Plaintiff is asking for compensation of his damages and financial losses. VII.
DEFAMATION OF CHARACTER

Plaintiff believes NCHS Defendants filed slanderous defamatory accusations against him for complaining about the standard of patient care at the NCHS San Marcos Clinic. These sham defamatory accusations were made public in court documents for the public to view. Further these 11

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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documents were given to the Sheriff’s to serve upon Plaintiff, Judge Brown retracted and ordered the documents to be returned to the court and filed under seal after the documents were made public and the accusations were made against Plaintiff Sanchez. Plaintiff was not allowed an opportunity to view the defamatory documents that were filed against him. The Court however, sealed all documents away from Plaintiff but not from the public view including the sheriffs, as these documents were made public from January 15, 2010 to January 27, 2010. The Superior Court Defendants denied plaintiff the right to view the public documents on several occasions. Further, the Court had an ex parte hearing in which Plaintiff was not allowed to participate in, view any documents or defend himself against the defamatory accusations. By these said unlawful denials of Plaintiff’s right to have access to the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties and federal protected rights. Therefore, Plaintiff is asking for compensation of his damages and financial losses. VIII.
HARRASMENT

Plaintiff filed a letter of complaint at the North County Health Office in the San Marcos site for staff painting inside the building in the waiting area while patients were waiting. Plaintiff complained about pharmacy prescriptions not being dispensed in a timely manner because the computers are constantly down. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos Office. Plaintiff filed a third complaint in regard to HINI not being readily available for children and elderly with respiratory problems. Plaintiff has a right to file a complaint about the standard of care his children were receiving at the North County Health Services San Marcos office. Right after Plaintiff filed the current complaints with Defendant Tiffani mauro he received a letter dated January 15, 2010 signed by Defendant Kevin Ellis via regular mail. Notifying
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Plaintiff that, “the North County Health Services can no longer provide services to you. Accusing Plaintiff of being "rude and threatening to several staff members and it now appears that you are now inappropriately interested in one or more female staff at North County Health Services….” NCHS Defendants further filed libelous accusations against him in Superior Court. These accusations were made with malice in an attempt to harass and intimidate Plaintiff, his wife and kids. NCHS Defendants intended to slander Plaintiff’s character and reputation within his community and his church. The actions of North County Health Services Defendants violated Plaintiff’s protected and statutory rights, slandered his reputation, and falsely accused Plaintiff of inappropriate acts as a result of the complaints he filed against them for the low standard of medical care. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation, loss of sleep, embarrassment loss of liberties. Therefore, Plaintiff is asking for compensatory and punitive damages. IX.
VIOLATION OF THE AMERICAN WITH DISABLITY ACT

Title II of the Americans with Disability Act prohibits discrimination in the provision of public benefits and services. Title II states: “No individual with a disability shall, by any reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity or be subjected to discrimination by any such entity.” the Unruh Civil Rights Act statutes require business establishments to provide “full and equal accommodations, advantages, facilities, privileges, or services.” The Superior Court of The State of California County of San Diego North County

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Division is a public agency and conducts business in the state of California.
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The North County Health Services is Incorporated as a Private, Non-Profit 501(c)(3)
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Corporation. As a Non-Profit Corporation, 86% of NCHS revenues come from federal funding.
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Therefore they have a contractual agreement with federal regulatory agencies to adhere to anti28

retaliation, anti-harassment and anti-discrimination laws. In fact their adherence is a condition

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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upon receiving the federal funds. Patient dumping by recipients of federal funds is strictly prohibited. North County Health Services claims to be, “Responding to the need to provide health services to low-income patients continues to underlie the mission of NCHS: “To improve the health status of our diverse communities by providing quality healthcare that is comprehensive, affordable, and culturally and linguistically sensitive.” By their discriminatory and retaliatory actions the North County Health Services Corporation and its agents have violated State and Federal Laws and their own mission of providing a standard of care, and being culturally and linguistically sensitive. Furthermore, NCHS and its Defendants have maliciously discriminated against Plaintiff knowing he is a disabled American within the Meaning of the Americans with Disability Act and the California Unruh Civil Rights Act . Further Plaintiff Sanchez children are also disabled within the meaning of the ADA and Individuals with Disability Education Act “IDEA” and the California Unruh Civil Rights Act. Plaintiff and his entire family were patients of North County Health Services for about fifteen years. When Plaintiff complained about the standard of care and the health and safety violation agents of the North County Health Services discriminated, retaliated, harassed, and falsely accused Plaintiff Sanchez of wrongful acts. Plaintiff Sanchez and his disabled children were denied access to healthcare and denied access to the courts to rectify the false accusations against him by all named defendants and agencies. The actions of Superior Court Defendants violated Plaintiff’s protected and statutory rights, slandered his reputation, and falsely accused him of inappropriate acts; as a result of the complaints Plaintiff filed against them for the low standard of medical care. The above Superior Court Defendants violated Plaintiff Sanchez right to defend himself, view court files, clerks of the court refused to file documents, at times refused to allow plaintiff to enter the court, mocked and humiliated him in the court even in the courtroom. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties. Therefore, Plaintiff is asking for compensation of his damages and financial losses.
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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X. VIOLATION OF FIRST AMENDMENT RIGHT Plaintiff filed a letter of complaint at the North County Health Office in the San Marcos site for staff painting inside the building in the waiting area while patients were waiting. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos Office. Plaintiff filed a second complaint in regard to HINI not being readily available for children with respiratory problems. Plaintiff filed a third complaint about the need for him fill out his medication, the computers are constantly down and therefore there is a long delay in getting prescription timely filed. Plaintiff has a right to file a complaint about the standard of care his children were receiving at the North County Health Services San Marcos office. As a result of Plaintiff’s exercise of his First Amendment Rights, Defendants of North County Health Services retaliated against Plaintiff by making false slanderous allegations against him, Violating his First Amendment Right, slandered Plaintiff’s reputation, and falsely accused him of inappropriate acts; as a result of the complaints he filed against them for the low standard of medical care. The above named Defendants violated Plaintiff Sanchez right to defend himself, view court files, clerks of the court refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties. Therefore, Plaintiff is asking for compensation of his damages and financial losses. XI. COMPLAINT FOR PERMANENT INJUNCTION Due to Defendants discriminatory, retaliatory and malicious acts of denying Plaintiff access to the courts. Violating the rights of Plaintiff and other Hispanic and disabled individuals to have access to the courts. NCHS Defendants actions of dumping Plaintiff and covering up their illegal actions by falsifying and accusing Plaintiff of unsavory conduct. Through their sham and illegal conduct the NCHS Defendants have discriminated and violated Plaintiff Constitutional and statutory rights. Plaintiff is asking that this court prohibit NCHS from dumping patients and drumming up false accusations against patients to justify their illegal actions and conduct.
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Plaintiff Sanchez lost his right to defend himself, view court files, Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of Federal and State protected liberties. Plaintiff is asking for a permanent injunction against the Superior Court of The State of California County of San Diego North County Division and the North County Health Services. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays: 1. For actual and compensatory damages in an amount to be ascertained according to proof; 2. For punitive damages in an amount sufficient to punish Defendants and deter others from conduct. 3. For a permanent injunction. 4. Such and other further relief as this court deems just and proper. Dated: March 30, 2010 Alejandro Sanchez__________________

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Alejandro Sanchez 615 Townsite Drive Vista, CA 92084 760-681-4109 Plaintiff

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff. ) ) v. ) Superior Court of The State of California ) ) County of San Diego North County Division ) Civil Filling Clerks CARLOS; TONY; and ) MARIE individually as well as in their Official capacity; Clerk Lynn Arthur individually as well ) ) as in her Official capacity; Clerk Reporter ) Jennifer Stark individually as well as in her ) Official capacity; Sergeant Thomas Cleary ) individually as well as in his Official capacity; ) Deputy Doug Sanders individually as well as in ) his Official capacity; Supervisor Nancy Wikoff ) ) individually as well as in her Official capacity. ) NCHS supervisor Tiffani Mauro; Irma Cota Alejandro Sanchez
President and CEO, Phil Lenowsky Chief Financial Officer, Kevin Ellis Chief Medical Officer of the North County Health Services a Private Non Profit Corporation, Board of Directors of North County Health Services George E. Lopez Chair, Melissa Brown Board Vice-Chair, Diane Seaberg Secretary, Rick Martinez Treasurer, Adriana Andres-Paulson Immediate Past Chair, Andres Martin Board of Director, Clyde H. Beck Jr. Board of Director, Emigdio Lopez-Ramirez Board of Director, Shohre Zaheri Board of Director, Walt Steffen Board of Director. North County Health Services (North County Health Project Incorporated). and does 1-100 Defendants

Case No. 10cv0218 BEN WVG Judge: Hon. Roger T. Benitez

(1). Denial Of Access To The State Court Of California Northern Division (2). Racial Discrimination (3). Violation Of Due Process And Equal Protection Clause (4). Defamation Of Character (5). Harassment; Retaliation (6). Violation Of The American With Disability Act. (7) Violation of the Unruh Civil Rights Act (8). Violation Of First Amendment Right (9). Complaint For Permanent Injunction

Date: April 19, 2010 Time: 10:30 a.m. Courtroom: 3 (4th Floor) Complaint filed: January 28, 2010

FIRST AMENDED COMPLAINT

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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I. JURISDICTION AND VENUE This Court has jurisdiction of this action pursuant to American with Disabilities Act, Due Process and Equal Protection Clause, First Amendment Rights, and related Federal regulations. Additional claims in this case arise under the laws of the State of California, California Constitution. Venue is proper in this Court under 28 U.S.C § 1391 (b). Plaintiff and Defendants reside within the County of San Diego, in the Southern District of California. Defendant Superior Court of the State of California County of San Diego North County Division is a state agency, referred to herein as "Superior Court." Superior Court Defendants Civil Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official capacity; Clerk Lynn Arthur individually as well as in her Official capacity; Clerk Reporter Jennifer Stark individually as well as in her Official capacity; Sergeant Thomas Cleary individually as well as in his Official capacity; Deputy Doug Sanders individually as well as in his Official capacity; Supervisor Nancy Wikoff individually as well as in her Official capacity are all employees and conduct business in the Superior Court of the State of California County of San Diego North County Division. Defendant Tiffani Mauro is Vice President of Operations for North County Health Services, Defendant Irma Cota is President and CEO of North County Health Services, Defendant Phil Lenowsky Chief Financial Officer of North County Health Services, Defendant Kevin Ellis is the Chief Medical Officer for North County Health Services, Defendant George E. Lopez is the Chair of North County Health Services, Defendant Melissa Brown is the Board Vice-Chair of North County Health Services, Defendant Diane Seaberg is the Secretary of North County Health Services, Defendant Rick Martinez is the Treasurer of North County Health Services, Defendant Adriana Andres-Paulson is the Immediate Past Chair of North County Health Services, Defendant Andres Martin is Board of Director of North County Health Services, Defendant Clyde H. Beck Jr. is Board of Director of North County Health Services, Defendant Emilio Lopez-Ramirez is Board of Director of North County Health Services, Defendant Shohre Zaheri is Board of Director of North County Health Services, Defendant Walt Steffen is Board of Director of North County
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Health Services; North County Health Project Incorporated/ North County Health Services referred to herein as, "NCHS." NCHS is a Corporation all above name Defendants are employees of North County Health Services a Non-Profit 501C3 Corporation. All Defendants conduct their course of business in the State of California County of San Diego. All of the events affecting Plaintiff occurred within the Southern District of California. II. NATURE OF THE ACTION Plaintiff, his wife and five children have been patients of NCHS for on or about fifteen years (15). Plaintiff had never filed a written complaint against NCHS with NCHS administration. Recently Plaintiff filed a letter of complaint at the North County Health Office “NCHS” in the San Marcos site for staff painting inside the building in the waiting area while patients were waiting. Plaintiff and his children and other patients were sitting in the waiting area while the walls were being painted, smelling the paint; all the windows and doors were completely closed. Plaintiff and his children are severely asthmatic and have multiple allergies. Concurrently Plaintiff complained that the pharmacy's computer was constantly down and medications were not timely dispensed. Plaintiff filed a written Complaint in the NCHS San Marcos office located at 150 Valpreda Rd. San Marcos CA. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos Office. Defendant Mauro assured Plaintiff she would follow through with the complaint and sent Plaintiff a response letter. The third complaint was in regard to HINI not being readily available to children with respiratory problems.. In fifteen years Plaintiff complained a total of four times, three of these times were current complaints. The complaints were given to Defendant Tiffani Mauro and her assistants. Right after Plaintiff filed the current complaints with Defendant Tiffani Mauro he received a letter dated January 15, 2010 and signed by Defendant Kevin Ellis Court of the State of California County of San Diego North County Division via regular mail. Notifying Plaintiff that, “the North County Health Services can no longer provide services to you.” Accusing Plaintiff of being, “rude and threatening to several staff members and it now appears that you are now inappropriately interested in one or more female staff at North County Health Services….”
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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There were no court documents or any documents to show Defendants of North County Health Services ever filed anything in court instead they said they filed a police report. On or about January 15, 2010 an action was commenced against Plaintiff Sanchez by NORTH COUNTY HEALTH SERVICES in the SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF SAN DIEGO (North County Division). The Complaint was never served on Plaintiff Sanchez. Plaintiff Sanchez was never served with the Notice of Complaint or the Memorandum of the Complaint or any supporting documents. On January 26, 2010 Plaintiff Sanchez was notified via overnight mail [letter] of Defendant's North County Health Services Ex Parte scheduled for January 27, 2010 at 8:30 a.m. in the morning at Department 7 Judge David Brown presiding. Plaintiff Sanchez was never served with a timely Notice of the Ex Parte Motion, Motion or Supporting Memorandum of Ex Parte Motion, other supporting documents, Proof of Service declarations, exhibits, appendices and or other documents of either the Notice or the Memorandum of the Ex Parte Communication as authorized by CCP § 1010; Cal Rules Ct., Rule (s) 3.12061; 3.1112; 3.1306 (a); 3.1202 (c));2 3.1203; 3.1200.3 CCP Rule (s) 3.1204 (b);4 Plaintiff Sanchez was informed by an acquaintance that an action was register in the California Court North County Division. The action was registered and it is still registered in the electronic docket as Case No. 37-201000050386-CU-HR-NC.

Cal Rule (s) 3.1206 No hearing may be held unless applicant serves parties appearing at Ex Parte hearing with Ex Parte Application and any written opposition. 2 Supporting documents must be attached, declarations, and any other document that demonstrates the basis for Proceeding Ex Parte based upon personal knowledge. The Declaration must amount to an affirmative factual showing; containing competent testimony based upon personable knowledge of irreparable harm, immediate danger, or other statutory basis for granting Ex Parte relief Cal Rules Ct. 3.1202 © CCP § 2015.5. 3 Multiple Procedure Safeguards to require notice to the adverse party, and courts require strict compliance with this rule. 4 Party must attach Affidavit or Declaration showing Notice or attempted Notice to Opposing Party. An Ex Parte application for an order must be accompanied by a declaration showing that notice of the Ex Parte application was provided within the applicable time period, or that a good faith attempt at notice was made Cal Rule 3.1204 (b). The application must also state whether there was any response to the notice given, and whether opposition is expected Cal Rule 4 3.1204(b)(1); CCP §§ 2009, 2015.5].
First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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When Plaintiff Sanchez showed up to the San Diego Court North County Division with his daughter to view the file, the clerk of the court denied Defendant Sanchez access to view the file. Plaintiff Sanchez attempted to get the file against him several times thereafter. The acquaintance informed Plaintiff Sanchez that there was a file against him and he needed to insist that he be allowed to view the public file. Plaintiff Sanchez was denied the right to view the public file of Case No. 37-2010-00050386-CU-HR-NC [action against him]. Plaintiff Sanchez returned at a later date and once again requested to view the public file against him and he was once again denied the right to view the public file of Case No. 37-2010-00050386-CU-HR-NC of the action against him by North County Health Services. When Plaintiff Sanchez appeared in Courtroom 7 he cordially sat down as he listened to Judge David Brown proceedings. Judge David Brown took on or about over 30 minutes with a plaintiff/defendant in a restraining order. Then he took another over 15-20 minutes with another restraining order party. When he called Plaintiff Sanchez and the attorney for the North County Health Services Cynthia Sandoval, Judge Brown did not allow Defendant Sanchez to talk at all. In fact, when Plaintiff Sanchez tried to inform the court that he was never notified or served with any documents the Judge ignored and interrupted Plaintiff Sanchez the three times he attempted to talk. The entire ex parte meeting was very brief less than five minutes. Judge Brown granted the ex parte without any moving documents, proof of service, notices, memorandum or supporting documents. NCHS attorney Cynthia Sandoval even requested that the public documents be sealed. Further, that the public documents submitted to the San Diego Sheriff’s for service to Defendant Sanchez be retracted and sealed. These documents were indeed made available to the public then retracted and sealed. Plaintiff Sanchez was never shown or served with these public documents. Plaintiff Sanchez was never given the opportunity to defend himself in this action. There was absolutely nothing served or given to Plaintiff Sanchez, Plaintiff Sanchez and attorney Sandoval left the courtroom and were walking outside of the court. Judge Brown Bailiff called Plaintiff and NCHS attorney Sandoval back to the court. The Bailiff said, "the judge wants to see you in the courtroom." When Plaintiff Sanchez and NCHS attorney went back to the courtroom. Judge Brown said he only wanted to talk to attorney Sandoval and asked Plaintiff Sanchez to leave 5

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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the courtroom. NCHS attorney and Judge David Brown made a back alley deals, never allowed Plaintiff Sanchez the opportunity to defend himself or speak in the action and never served him with any moving papers against him. Employees of the Superior Court of The State of California County of San Diego North County Division have consistently denied access to the court to Hispanic and disabled individuals. Plaintiff Sanchez is a disabled individual within the meaning of the American with Disabilities Act “ADA.” This is not the first incident as the record and the declarations by other individuals will show. Other individuals and witnesses will testify that Plaintiff Sanchez a disabled individual has been constantly harassed and discriminated against by employees of the Superior Court of The State of California County of San Diego North County Division. Further that Plaintiff has filed complaints with the San Diego County CLERB Review Board. Dozens of Disabled and Hispanic people are discriminated against by the Superior Court of The State of California County of San Diego North County Division and many complaints have been filed with the county of San Diego. Disabled and Hispanic individuals are denied access to the Superior Court of The State of California County of San Diego North County Division court every single day. Defendant Sanchez did not attach copies of the above-mentioned court actions against him, summons or any document to this Complaint because he was denied access to the documents filed against him and he was never served with the documents. Further, Judge Brown completely sealed the file on January 27, 2010. Judge Brown ordered the Vista Sheriff’s not to serve the public document to Plaintiff Sanchez but to return the public documents to the court to be sealed. Never allowing Plaintiff Sanchez the opportunity to view the documents or an opportunity to format a defense because he did not have a clue as to what he is being accused of or who is making slanderous accusations against him. Or in which manner he was defamed by the documents filed and now sealed by Judge David Brown in the Superior Court of The State of California County of San Diego North County Division. Therefore Plaintiff Sanchez is moving these illegally sealed public documents of Case No. 372010-00050386-CU-HR-NC over to the United States District Court for the Southern District of California to adjoin this Complaint for (1). Denial of Access To The State Court Of California (2).6

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Racial Discrimination (3). Violation Of Due Process And Equal Protection Clause (4). Defamation Of Character (5). Harassment (6). Violation of the American with Disability Act “ADA” (7).
Violation of the Unruh Civil Rights Act (8) Violation Of First Amendment Right (9). Permanent

Injunction. III. THE PARTIES Plaintiff Sanchez is a Hispanic individual with Disabilities within the meaning of the American with Disabilities act, “ADA.” Plaintiff Sanchez is a resident of the city of Vista, County of San Diego. Defendant, Superior Court of The State of California County of San Diego North County Division is a public agency in the State of California refer herein as, "Superior Court." Defendants CARLOS; TONY; and MARIE are Civil Filling Clerks for the Superior Court of The State of California County of San Diego North County Division. Superior Court Attorneys advise the Superior Court Supervisor Holy not to release the last names of the these above named

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Superior Court Defendants. Therefore Plaintiff does not know the true last names of the Civil Filling Clerks. Defendants CARLOS; TONY; and MARIE are being sued in their individually as well as in their Official capacity; Defendant Clerk LYNN ARTHUR is the clerk for Presiding judge Robert P. Dahlquist she is being sued individually as well as in her Official capacity;

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Defendant JENNIFER STARK is the Clerk Reporter for Presiding judge Robert P. Dahlquist she is being sued individually as well as in her Official capacity; Defendant Sergeant THOMAS CLEARY works in the Superior Court Sheriff Civil Office he is being sued in his individually as well as in his Official capacity; Defendant Deputy DOUG SANDERS works in the Superior Court Sheriff Civil Office he is being sued individually as well as in his Official capacity; Defendant

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NANCY WIKOFF is the Supervisor of the Superior Court Sheriff Civil Office she is being sued

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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individually as well as in her Official capacity. Employees of the Superior Court are referred herein as, "Superior Court Defendants." Defendant TIFFANI MAURO is the Vice President of Operations for the North County Health

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Services; Defendant IRMA COTA is the President and CEO of North County Health Services,
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Defendant PHIL LENOWSKY is the Chief Financial Officer of North County Health Services,
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Defendant KEVIN ELLIS is the Chief Medical Officer of the North County Health Services,
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Defendant GEORGE E. LOPEZ is the Chair Board of Directors of North County Health Services,
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Defendant Melissa Brown Board is the Vice-Chair of North County Health Services, Defendant
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DIANE SEABERG is the Secretary of North County Health Services, Defendant RICK
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MARTINEZ is the Treasurer of North County Health Services, Defendant ADRIANA ADRES11

PAULSON is the Immediate Past Chair of North County Health Services, Defendant ANDRES
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MARTIN is a Board of Director of North County Health Services, Defendant CLYDE H. BECK
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JR. is a Board of Director for North County Health Services, Defendant EMIGDIO LOPEZ14

RAMIREZ is a Board of Director for North County Health Services, Defendant SHOHRE
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ZAHERI is a Board of Director for North County Health Services, Defendant WALT STEFFEN is
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a Board of Director for North County Health Services. All North County Health Services
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Defendants will be referred to as, "NCHS Defendants" herein.
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North County Health Project Incorporated Private Non- Profit 501C3 Corporation. Will be
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referred to herein as "NCHS."
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IV.
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FIRST CAUSE OF ACTION
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DENIAL OF ACCESS TO THE STATE COURT OF CALIFORNIA
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NORTHERN DIVISION
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Plaintiff was/has been denied access to the California Courts Rule 1.100 (b) (42 U.S.C. §
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12101; 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act; and other
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applicable federal laws.) The Policy of the Courts in the State of California is suppose to insure
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that persons with disabilities have equal and full access to the judicial system. Plaintiff has been
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denied access to the Superior Court of The State of California County of San Diego North County8

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Division on many occasions. Plaintiff a disabled person was dumped5 by NCHS in violation of 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act. Plaintiff has suffered irreparable harm by the denial of his right to access the courts and view documents filed against him. Plaintiff has been stopped at the front door of the Superior Court of The State of California County of San Diego North County Division and told he cannot go into the court to file or review documents. As a result of the systemic practice and denial by Defendant Superior Court of The State of California County of San Diego North County Division Civil Filling Clerks CARLOS; TONY; and MARIE individually as well as in their Official capacity; Clerk LYNN ARTHUR individually as well as in her Official capacity; Clerk Reporter JENNIFER STARK individually as well as in her Official capacity; Sergeant THOMAS CLEARY individually as well as in his Official capacity; Deputy DOUG SANDERS individually as well as in his Official capacity; Supervisor NANCY WIKOFF individually as well as in her Official capacity. Plaintiff has suffered monetary damages in the sum of over $ 150,000. Plaintiff and his wife were left homeless along with their five young children. Three of Plaintiff’s children are disabled within the meaning of the ADA and the Individuals with Disabilities Education Act, “IDEA.” Plaintiff Sanchez lost his entire possessions, including birth certificates; complete life possessions were taken away from Plaintiff by the systemic practice of unlawful denials of his right to access the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, the Superior Court Defendants have denied him the right to review documents filed against him, the Superior Court Defendants have refused to file the documents he attempted to file in the court. Superior Court Defendants refused to allow plaintiff entrance to the court, mocked and humiliated him inside the courtroom in the case of Sanchez v. Bergensons Property. Therefore, Plaintiff is asking for compensation of his damages and financial losses. The North County Health Services Defendants violated Plaintiff Sanchez right to defend the claims against him by not serving document and adhering to the rules of the Court of Civil Procedures in the
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a term used in the health care industry meaning to get rid of patients in an unethical manner.

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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State of California in this present action. Along with patient dumping and violations of violation of 42 U.S.C. § 1213, 12132, 12132; California’s Unruh Civil Rights Act and Health Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104- 191) [HIPAA]. V. SECOND CAUSE OF ACTION
RACIAL DISCRIMINATION

Defendants of the Superior Court of The State of California County of San Diego North County Division have a discriminatory custom and practice of discrimination against Hispanic and Disabled individuals. Caucasian citizens are not discriminated or treated substandard as Hispanic and Disabled individuals. Caucasian individuals are not harassed, humiliated, and are not escorted outside for attempting to conduct regular business at the Superior Court of The State of California County of San Diego North County Division. Caucasian individuals are generally treated with courtesy, their moving papers are filed, their questions are answered, and the judges spend a generous amount of time listening to Caucasian parties. On the other hand Hispanic and disabled individuals are treated as maggots and criminals in the courtrooms by the clerks and judges. As a result of the Superior Court Defendants racial discrimination against Plaintiff Sanchez, he was not able to have access to the court, defend or move papers. Plaintiff Sanchez lost his entire possessions, including birth certificates; complete life possessions were taken away from Plaintiff by the unlawful denial of his right to access the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered permanent harm, grievous emotional distress, anxiety and loss of their home, possessions and liberties. Therefore, Plaintiff is asking for compensation of his damages and financial losses. /// ///
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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VI. VIOLATION OF DUE PROCESS AND EQUAL PROTECTION CLAUSE Federal laws provide the foundation for establishing the right of disabled individuals the right to equal protection and the right to have a due process of laws under the 14th Amendment to the Constitution of the United States of America. All Superior Court Defendants violated Plaintiff Due Process and Equal Protection Clause by refusing Plaintiff to have access to the courts, refusing to serve documents on Plaintiff, refusing to allow Plaintiff to view the public file of allegations against him, refusing to allow plaintiff to format a defense and by not adhering to the California Court of Civil Procedure Rules of the Court. NCHS Defendants harassed and retaliated against Plaintiff for filing a written complaint against the low standard of care by dumping, slandering and forming sham accusations against him. Denying Plaintiff the right to pursue a uniform complaint process a standard process and requirement with recipient agencies of both state and federal funding. By the unlawful denial of Plaintiff’s right to have access to the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, clerks of the court refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. By their wrongful course of action Superior Court Defendants as well as NCHS Defendants violated Plaintiff’s right to a due process and equal protection of laws. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, and loss of their home, possessions and liberties. This present action is evidence of the discriminatory pattern of attacks against Plaintiff by Superior Court Defendants as well as Defendants of NCHS. Therefore, Plaintiff is asking for compensation of his damages and financial losses. VII.
DEFAMATION OF CHARACTER

Plaintiff believes NCHS Defendants filed slanderous defamatory accusations against him for complaining about the standard of patient care at the NCHS San Marcos Clinic. These sham defamatory accusations were made public in court documents for the public to view. Further these 11

First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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documents were given to the Sheriff’s to serve upon Plaintiff, Judge Brown retracted and ordered the documents to be returned to the court and filed under seal after the documents were made public and the accusations were made against Plaintiff Sanchez. Plaintiff was not allowed an opportunity to view the defamatory documents that were filed against him. The Court however, sealed all documents away from Plaintiff but not from the public view including the sheriffs, as these documents were made public from January 15, 2010 to January 27, 2010. The Superior Court Defendants denied plaintiff the right to view the public documents on several occasions. Further, the Court had an ex parte hearing in which Plaintiff was not allowed to participate in, view any documents or defend himself against the defamatory accusations. By these said unlawful denials of Plaintiff’s right to have access to the Superior Court of The State of California County of San Diego North County Division and his right to defend himself, view court files, Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties and federal protected rights. Therefore, Plaintiff is asking for compensation of his damages and financial losses. VIII.
HARRASMENT

Plaintiff filed a letter of complaint at the North County Health Office in the San Marcos site for staff painting inside the building in the waiting area while patients were waiting. Plaintiff complained about pharmacy prescriptions not being dispensed in a timely manner because the computers are constantly down. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos Office. Plaintiff filed a third complaint in regard to HINI not being readily available for children and elderly with respiratory problems. Plaintiff has a right to file a complaint about the standard of care his children were receiving at the North County Health Services San Marcos office. Right after Plaintiff filed the current complaints with Defendant Tiffani mauro he received a letter dated January 15, 2010 signed by Defendant Kevin Ellis via regular mail. Notifying
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Plaintiff that, “the North County Health Services can no longer provide services to you. Accusing Plaintiff of being "rude and threatening to several staff members and it now appears that you are now inappropriately interested in one or more female staff at North County Health Services….” NCHS Defendants further filed libelous accusations against him in Superior Court. These accusations were made with malice in an attempt to harass and intimidate Plaintiff, his wife and kids. NCHS Defendants intended to slander Plaintiff’s character and reputation within his community and his church. The actions of North County Health Services Defendants violated Plaintiff’s protected and statutory rights, slandered his reputation, and falsely accused Plaintiff of inappropriate acts as a result of the complaints he filed against them for the low standard of medical care. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation, loss of sleep, embarrassment loss of liberties. Therefore, Plaintiff is asking for compensatory and punitive damages. IX.
VIOLATION OF THE AMERICAN WITH DISABLITY ACT

Title II of the Americans with Disability Act prohibits discrimination in the provision of public benefits and services. Title II states: “No individual with a disability shall, by any reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity or be subjected to discrimination by any such entity.” the Unruh Civil Rights Act statutes require business establishments to provide “full and equal accommodations, advantages, facilities, privileges, or services.” The Superior Court of The State of California County of San Diego North County

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Division is a public agency and conducts business in the state of California.
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The North County Health Services is Incorporated as a Private, Non-Profit 501(c)(3)
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Corporation. As a Non-Profit Corporation, 86% of NCHS revenues come from federal funding.
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Therefore they have a contractual agreement with federal regulatory agencies to adhere to anti28

retaliation, anti-harassment and anti-discrimination laws. In fact their adherence is a condition

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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upon receiving the federal funds. Patient dumping by recipients of federal funds is strictly prohibited. North County Health Services claims to be, “Responding to the need to provide health services to low-income patients continues to underlie the mission of NCHS: “To improve the health status of our diverse communities by providing quality healthcare that is comprehensive, affordable, and culturally and linguistically sensitive.” By their discriminatory and retaliatory actions the North County Health Services Corporation and its agents have violated State and Federal Laws and their own mission of providing a standard of care, and being culturally and linguistically sensitive. Furthermore, NCHS and its Defendants have maliciously discriminated against Plaintiff knowing he is a disabled American within the Meaning of the Americans with Disability Act and the California Unruh Civil Rights Act . Further Plaintiff Sanchez children are also disabled within the meaning of the ADA and Individuals with Disability Education Act “IDEA” and the California Unruh Civil Rights Act. Plaintiff and his entire family were patients of North County Health Services for about fifteen years. When Plaintiff complained about the standard of care and the health and safety violation agents of the North County Health Services discriminated, retaliated, harassed, and falsely accused Plaintiff Sanchez of wrongful acts. Plaintiff Sanchez and his disabled children were denied access to healthcare and denied access to the courts to rectify the false accusations against him by all named defendants and agencies. The actions of Superior Court Defendants violated Plaintiff’s protected and statutory rights, slandered his reputation, and falsely accused him of inappropriate acts; as a result of the complaints Plaintiff filed against them for the low standard of medical care. The above Superior Court Defendants violated Plaintiff Sanchez right to defend himself, view court files, clerks of the court refused to file documents, at times refused to allow plaintiff to enter the court, mocked and humiliated him in the court even in the courtroom. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties. Therefore, Plaintiff is asking for compensation of his damages and financial losses.
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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X. VIOLATION OF FIRST AMENDMENT RIGHT Plaintiff filed a letter of complaint at the North County Health Office in the San Marcos site for staff painting inside the building in the waiting area while patients were waiting. Plaintiff handed the written complaint to Defendant Tiffani Mauro who is the Director of the San Marcos Office. Plaintiff filed a second complaint in regard to HINI not being readily available for children with respiratory problems. Plaintiff filed a third complaint about the need for him fill out his medication, the computers are constantly down and therefore there is a long delay in getting prescription timely filed. Plaintiff has a right to file a complaint about the standard of care his children were receiving at the North County Health Services San Marcos office. As a result of Plaintiff’s exercise of his First Amendment Rights, Defendants of North County Health Services retaliated against Plaintiff by making false slanderous allegations against him, Violating his First Amendment Right, slandered Plaintiff’s reputation, and falsely accused him of inappropriate acts; as a result of the complaints he filed against them for the low standard of medical care. The above named Defendants violated Plaintiff Sanchez right to defend himself, view court files, clerks of the court refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of liberties. Therefore, Plaintiff is asking for compensation of his damages and financial losses. XI. COMPLAINT FOR PERMANENT INJUNCTION Due to Defendants discriminatory, retaliatory and malicious acts of denying Plaintiff access to the courts. Violating the rights of Plaintiff and other Hispanic and disabled individuals to have access to the courts. NCHS Defendants actions of dumping Plaintiff and covering up their illegal actions by falsifying and accusing Plaintiff of unsavory conduct. Through their sham and illegal conduct the NCHS Defendants have discriminated and violated Plaintiff Constitutional and statutory rights. Plaintiff is asking that this court prohibit NCHS from dumping patients and drumming up false accusations against patients to justify their illegal actions and conduct.
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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,

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Plaintiff Sanchez lost his right to defend himself, view court files, Superior Court Defendants refused to file documents, refused to allow plaintiff from entering the court, mocked and humiliated him in the court. Plaintiff Sanchez, his wife and his five children suffered grievous emotional distress, anxiety, humiliation and loss of Federal and State protected liberties. Plaintiff is asking for a permanent injunction against the Superior Court of The State of California County of San Diego North County Division and the North County Health Services. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays: 1. For actual and compensatory damages in an amount to be ascertained according to proof; 2. For punitive damages in an amount sufficient to punish Defendants and deter others from conduct. 3. For a permanent injunction. 4. Such and other further relief as this court deems just and proper. Dated: March 30, 2010 Alejandro Sanchez__________________

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First Amended Complaint Sanchez v. Superior Court of The State of California et. al.,