1 Christian McLaughlin (State Bar No.

250885)
701 Palomar Airport Road,Suite 300
2 Carlsbad, California 92011
Telephone No.:(760)431-2200
3 Facsimile No.:(760)461-2244
4 Attorneys for Plaintiff,
AZADEH KARIMI
5

6 SUPERIOR COURT OF THE STATE OF CALIFORNIA

7 FOR THE COUNTY OF SAN DIEGO CENTRAL

8 AZADEH KARIMI,an individual. Case No.

9 Plaintiff,
PLAINTIFF'S COMPLAINT FOR:
10 vs.

SANDRA BOUZAGLOU,an 1. Breach of Written Contract;

11 individual; ELITE BODY 2. Breach of Implied Covenant of Good
SCULPTURE,INC. a California Faith and Fair Dealings;
12 Corporation; and; DOES 1 through 3. Unjust Enrichment;
10, inclusive. 4. Misrepresentation (Fraud);
13 5. Violations of Ca B&P §17200;
Defendants. 6. Violations of Ca B&P §17500;
14 7. Medical Negligence; and
8. Negligent Infliction of Emotional Distress
15

16

17
REQUEST FOR JURY TRIAL
18
PLAINTIFF herein AZADEH KARIMI,by her attorney Christian McLaughlin, hereby
19
alleges and file these claims against defendants Doctor SANDRA BOUZAGLOU,ELITE
20

BODY SCULPTURE,INC., and DOES 1 through 10, inclusively, each ofthem as follows:
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24

25

26

27
mill
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PLAINTIFF'S COMPLAINT
 PARTIES
1

2 1. Plaintiff AZADEH KARIMI("PLAINTIFF")is, and at all times mentioned herein was,

3 an individual residing in the Northern County ofSan Diego.

4 2. Plaintiff is informed and believes, and thereon alleges, that at all times mentioned herein.
5
Defendant SANDRA BOUZAGLOU ("Dr. Bouzaglou") was a medical doctor practicing
6
medicine in the County of San Diego County and holding California medical license 0-
7
60852.
8
3. Plaintiff is informed and believes, and thereon alleges, that at all times mentioned herein,
9

jQ Defendant ELITE BODY SCULPTURE,INC.("ELITE"),is a California Corporation

11 doing business in the State of California and conducting business in the County of San

^2 Diego and community of La Jolla.

13
4. The true names and capacities, whether individual, corporate, associate, or otherwise, of
14
DOES 1 through 10, inclusive, are unknown to Plaintiff, who therefore sues said DOE
15
defendants by such fictitious names pursuant to Code of Civil Procedure section 474.

j2 Plaintiff will amend this Complaint to show their true names and capacities when they
Ig have been ascertained.

19 5. Plaintiffis informed and believes, and thereon alleges, that Defendants, and each ofthem,

including DOES 1 through 10, inclusive, were the agents, servants, employees,
21
successors, assigns, transferees and/orjoint venturers oftheir co-Defendants, and each
22
was,as such, acting within the course, scope and authority ofsaid agency, employment
23
and/or joint venture, and was acting with the consent, permission and authorization of

25 each ofthe remaining Defendants. All actions ofeach Defendant as alleged herein were
26 ratified and approved by every other Defendant or its officers, directors or managing

27 agents
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PLAINTIFF'S COMPLAINT
 VENUE
1

2 7. Venue is proper in this Court as defendants Dr. Bouzagiou and ELITE each conduct
3 business in this County.

4 FACTUAL BACKGROUND

5
8. Plaintiff was an individual who sought cosmetic liposuction surgery to treat a medical
6
condition called Lipedema.
7
9. Defendant Dr. Bouzagiou is a California licensed physician and surgeon, whose primary
8
practice consists of plastic surgery and Dr. Bouzagiou is affiliated with and/or holds
9

IQ privileges with Defendant ELITE'S facility.

11 10. Defendant ELITE is a California Professional Corporation, specifically ELITE advertises

12 and provides liposuction solely utilizing its exclusive patented laser technology
13
trademarked as AirSculpt® ("Airsculpt").
14
11. AirSculpt is a laser liposuction technique developed by Dr. Aaron Rollins, a surgeon in
15
Beverly Hills, California,

j2 12. AirSculpt was patented in 2012,and is offered exclusively at the Elite Body Sculpture
1g chain of medical spas.

19 13. Plaintiffresearched Elite Body Sculptiue, Airsculpt technology and Dr. Bouzagiou.

14. ELITE advertises, and Dr. Bouzagiou opines that AirSculpt technology is superior to

other liposuction methods.

22
15. Plaintiff had her initial consultation with Dr. Bouzagiou on September 21,2021 at
23
ELITE'S La Jolla California location.
24

25 16. ELITE advertises and Dr. Bouzagiou reiterated to Plaintiff the following at the initial
26 consultation:

27 a. AirSculpt® is laser assisted liposuction.

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PLAINTIFF'S COMPLAINT
 ^ b. Our AirSculpt® procedure removes fat and sculpts areas ofthe body to create a
2 more pleasing and well-proportioned body shape. This is essential in treating
3 Lipedema since the condition can create column-like, progressive accumulations

4 offat in areas.

5
c. Plaintiff would receive liposuction only utilizing the patented laser assisted
6
AirSculpt® technology.
7
d. The procedure would be conducted at the La Jolla ELITE office location.
8
e. Fat would be removed from areas of FlaintifTs body and some ofsaid fat
9

IQ removed would be transferred to other areas of Plaintiffs body.

11 f. The estimated cost ofliposuction using the laser assisted AirSculpt® technology

would be approximately $35,000.00.

13
g. AirSculpt® is patented, precision-engineered technology only available at ELITE.
14
h. AirSculpt® is gentler, easier to recover from, and far less risky than traditional
15
liposuction.

i. Traditional liposuction often requires general anesthesia; ELITE never uses

18 general anesthesia, meaning patients remain awake throughout the entire

19 procedure listening to music or chatting with a fnend, nurse, or surgeon. Using

local anesthesia drastically reduces risks while also allowing patients to be

21
maneuvered during treatment to ensure perfectly balanced results.
22
j. Far less downtime is involved in AirSculpt® recovery, only 1-2 days compared to
23
the 4-6 weeks of downtime after traditional liposuction.
24

25 k. AirSculpt® removes unwanted fat through a freckle-sized hole cell by cell with
26 no needle, no scalpel, and no stitches all while you're awake

27 1. Rather than cutting incisions with a scalpel, AirSculpt® uses a biopsy punch tool
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PLAINTIFF'S COMPLAINT
 ^I just two millimeters wide to create an entryway that heals with dissolvable
2 sutures. Entry points wind up looking like mere freckle marks,and surgeons
3 strategically make them in folds or creases where they can be easily concealed.

4 m. AirSculpt® is revolutionary technology that also tightens your skin while it

5
removes your fat, providing dramatic, smooth,and natural results.
6
n. Anyone over the age of 18 who has unwanted areas ofstubborn fat is a perfect
7
candidate for AirSculpt®.
8
o. AirSculpt® technology contours the body so gently that patients can get sculpted
9

jQ I and return to work the very next day. Compare that with invasive procedures that
11 call for weeks of downtime and drains for excessive fluids. Not only is recovery

12 quicker, but results also begin to appear as soon as one leaves the operating room,
13
p. Since more manual work is required with conventional liposuction, damage to
14
your lymphatic system—which is responsible for skin smoothness—is very likely
15
to occur. This excessive damage is avoided with AirSculpt® technology,
16
minimizing all the risks that come with liposuction. AirSculpt® is safer, with
17

\8 more reliably smooth results.

19 q. AirSculpt® patented technology produces natural-looking outcomes that

accentuate your natural curves and maintain desired proportions.

21
r. AirSculpt® always leaves the treated area's skin tighter than before, meaning
22
patients can skip the invasive lift procedure.
23
17. Plaintiff entered into an agreement with ELITE and Dr. Bouzaglou for liposuction

25 exclusively utilizing the laser assisted AirSculpt® technology.

26 18. At all times relevant, ELITE and Dr. Bouzaglou concealed the fact that the La Jolla

27 location ofELITE was not yet offering the laser AirSculpt® technology or that the La
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PLAINTIFF'S COMPLAINT
 ^ Jolla location was not yet offering AirSculpt® for the body areas at issue for Plaintiff
2 19. Instead of one session, Plaintiff underwent two sessions(12/8/2021 and 12/21/2021)of
3 grueling liposuction. During said sessions. Plaintiff was administered Lidocain for pain

4 and enough Nitrous Oxide to render her either unconscious or simply without memory of
5
the procedure(s).
6
20. Plaintiffs recovery time was extensive, painful and the final results were poor.
7
21. After healing and not seeing the promised results. Plaintiff was met with nothing but
8
excuses from ELITE and Dr. Bouzaglou.
9

10 22. In, or around,November of2022 Plaintiff recovered her medical records from ELITE.
11 23. The medical records recovered indicate that laser assisted liposuction (AirSculpt®) was

^2 to be the procedure performed

13
24. Elite's consent forms for laser assisted liposuction (AirSculpt®) were signed by Plaintiff
14
and Dr. Bouzaglou.
15
25. The medical records contain what appears to be boiler-plate-typed surgical notes stating,
16
"With the room secure and protective eyewear in use, the laser was used to achieve skin
17

1g heating, to break up fibrous tissue and dissolve fat

19 26. However the handwritten sections ofthe medical records state that a laser system was

20 "NOT USED," and the areas reserved for handwritten entries regarding the start, end and
21
total time oflaser use were crossed out by hand
22
27. Confused by the need for multiple procedures, the length ofeach procedure, the pain of
23
the procedures, the longer than anticipated recovery time, the poor results and now

22 medical records suggesting that Plaintiff never received the AirSculpt® procedure(s)
26 negotiated and paid for; Plaintiff was left with unanswered questionings and unaddressed
27 concerns.

28

PLAINTIFF'S COMPLAINT
 ^ 28. Aside from the pain and costs. Plaintiffcomplained ofthe overall results as they were far
2 less than she was promised,especially regarding the appearance of her arm areas.
3 29. In late November 2022, Plaintiffsought clarity with the La Jolla ELITE location and

4 received an email from Erika Sandoval on November 23,2022 stating as follows:

5
"Maggie has brought me up to speed about the concerns that you have in regards to
6
the procedure that you had with Dr. Bouzaglou back in 12/21/2022. lam emailing
7
you to let you know that I have emailed corporate about your concerns, and Iam now
8
waiting to hear backfrom them. I would like to apologize on behalfofmy team here
9

jQ at the San Diego Elite Body Sculpturefor not experiencing what Elite is all about.

11 We aim to make sure that ALL ofour patients leave happy. Once 1 hear backfrom

^2 my higher ups, I will be in touch with you."

13
30. On November 28,2022, Plaintiff received the follow up email from Erika Sandoval;
14
"Hello Azi, Thank youfor your patients. I hope you had a wonderful holiday
15
weekend! Corporate hasjust gotten back to me in regard to your concerns.
16

jy Unfortunately, in regard to ar^ rejund Elite does notprocess post procedure refunds,
18 but we can come to a different solutionfor you. In regards to Airsculptsfor the area

19 ofyour arms. Elite will not be able to compensate youfor that procedure. Iam very

sorry that the procedure was not an option when youfirst had your procedure done,
21
but we are very excited to have it now and we can offer it to you at a discounted rate
22
of$2,000.00. Let me know how that sounds, andIlookforward to hearingfrom
23

24

25 31. The November 28,2022 email revealed what was hidden from Plaintiff by defendants;

26 specifically, that Plaintiff did not receive the promised laser assisted procedure, namely
27 AirSculpt®.
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PLAINTIFF'S COMPLAINT
 ^„ 32. Said concealment ofthe Defendants prevented Plaintifffrom understanding why she
2 endured so much pain, why the recovery was longer than promised and why her results
3 were far less than what was promised.

4 33. Defendants' concealment ofthe true facts, should toll any applicable Statute of

Limitations regarding Plaintiffs Seventh Cause of Action for Medical Negligence.

FIRST CAUSE OF ACTION

Breach of Written Contract

(as to all defendants)

j0 34. Plaintiff incorporates by reference all other paragraphs ofthis Complaint as iffiilly set

11 forth herein at length and further alleges.

35. An agreement, including written consent, was signed by Plaintiff and Dr. Bouzaglou.
13
36. Consent was given to provide Plaintiff with laser assisted AirSculpt® liposuction at
14
elite's La Jolla facility.
15
37. The laser assisted AirSculpt® liposuction was agreed to have an estimated cost of

j2 I $35,000.00, which Plaintiffpaid in full utilizing CARE CREDIT.

1g 38. Plaintiff performed all of her duties under the agreement.

19 39. Pursuant to the terms and conditions ofthe agreement. Plaintiff was to receive laser

assisted AirSculpt® liposuction and all ofthe benefits and results associated vwth such
21
patented and exclusive technology.
22
40. Despite paying the absorbent fees($35,000.00) charged for the laser assisted AirSculpt®
23
liposuction, it would appear that Plaintiff received nothing more than archaic traditional
24

25 liposuction technology and none ofthe aforementioned/promised benefits ofAirSculpt®

26 41. Defendants failed to perform their obligations under their agreement with Plaintiff.

27

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PLAINTIFF'S COMPLAINT
 SECOND CAUSE OF ACTION
1

2 Breach ofImplied Covenant Good Faith & Fair Dealings

3 (as to all defendants)

4 42. Plaintiffincorporates by reference all other paragraphs ofthis Complaint as iffully set
5
forth herein at length and further alleges.
6
43. In addition to the express terms ofa contract, the law provides that every contract
7
contains an implied covenant ofgood faith and fair dealing. This means that, even though
8
not specifically stated in the contract, it is implied or understood that each party to the
9

JO contract must act in good faith and deal fairly with the other party in performing or
11 enforcing the terms ofthe contract.

^2 44. To act in good faith and deal fairly, a party must act in a way that is honest and faithful to
13
the agreed purposes ofthe contract and consistent with the reasonable expectations ofthe
14
parties. A party must not act in bad faith, dishonestly, or with improper motive to destroy
15
or injure the right ofthe other party to receive the benefits ofthe contract,

jy 45. It would appear that neither ELITE nor Dr. Bouzaglou intended to provide Plaintiff with
1g the contracted laser assisted AirSculpt® liposuction as agreed

19 46. ELITE and Dr. Bouzaglou's imjustifiably failed to provide Plaintiff with laser assisted

AirSculpt® liposuction and therefore Plaintiff was denied all ofthe promised benefits of
21
such.
22
47. The failures of Defendants are acts of bad faith, are unfair, are inconsistent with the
23
agreement between the parties and are malicious as such demonstrate an intentional act to
24

25 deprive Plaintiff the benefit ofthe agreement

26

27 ////
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PLAINTIFF'S COMPLAINT
 THIRD CAUSE OF ACTION

UNJUST ENRICHMENT

3 (as to all defendants)

4 48. Plaintiff incorporates by reference all other paragraphs ofthis Complaint as iffully set
5
forth herein at length and further alleges.
6
49. ELITE and Dr. Bouzaglou*s have been imjustly and unfairly enriched by charging
7
Plaintiff$35,000.00 for laser assisted AirSculpt® liposuction and failing to provide
8
Plaintiff with laser assisted AirSculpt® liposuction.
9

10 FOURTH CAUSE OF ACTION

11 FRAUD (intentional/negligent)

(as to all defendants)

13
43. Plaintiffincorporates by reference all other paragraphs ofthis Complaint as iffully set
14
forth herein at length and further alleges.
15
^^ 44. The elements ofintentional misrepresentation and negligent misrepresentation are, in
jy essence, the same with the exception that intentional misrepresentation requires scienter
1g and negligent misrepresentation does not.

19 45. ELITE and Dr. Bouzaglou's intentionally and/or negligently concealed and suppressed

from Plaintiff, or omitted, withheld or otherwise intentionally or negligently failed to

21
disclose to plaintiff, material facts and information concerning the procedures available to
22
Plaintiff at the La Jolla ELITE location; specifically that she would receive only laser
23
assisted AirSculpt liposuction on all relevant body parts.

25 46. The representation(s)ofELITE in its advertisements,and by Dr. Bouzaglou in her

26 consultation with Plaintiff, were made with the intent(scienter) to deceive Plaintiff into

27 having the procedure(s) done and paying the absorbent sum of$35,000.00
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PLAINTIFF'S COMPLAINT
 ^ 47. ELITE and Dr. Bouzaglou were aware that Plaintiff was relying on their representations.
2 48. As a surgeon, Dr. Bouzaglou and Plaintiflf held a fiduciary relationship, in which Plaintiff
3 relied upon the knowledge and expertise of Dr. Bouzaglou.

4 49. PlaintifTs reliance on ELITE'S advertisements, and the statements made by Dr.
5
Bouzaglou during PlaintifTs consultation, were justifiable.
6
50. Plaintiff has sustained direct financial, emotional and physical damages as a result ofthe
7
misrepresentations, and but for these misrepresentations Plaintiff would not have
8
underwent the procedures.
9

10 51. Defendants' conduct was willful, oppressive, and fraudulent.

11 52. An award of punitive damages isjustified in an amoimt to be determined at trial.

12 FIFTH CAUSE OF ACTION

^^ VIOLATIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §17200

14
(Against All Defendants)
15
53. Plaintiff re-alleges and incorporates herein by reference all other paragraphs ofthis
16
Iy Complaint as if set forth herein at length,and further alleges as follows
18 54. Plaintiff is informed, believes and thereon alleges, that all Defendants, committed

19 unlawful, unfair and/or fi-audulent business practices, as defined by California Business

& Professions Code §17200, by engaging in unlawful, unfair and fraudulent business

practices as alleged herein.

22
55. As a result of Defendants' misconduct, Plaintiff has suffered various damages and
23
injuries according to proof at trial

25 56. Plaintiffseeks injunctive relief enjoining Defendants' fi-om engaging in the unfair
26 business practices described herein.

27

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PLAINTIFF'S COMPLAINT
 ^ 57. Plaintifffurther seeks restitution, disgorgement of all sums wrongfully obtained, costs of
2 suit, reasonable attorney's fees, and such other relief as the Court may deem just and
3 proper.

4 58. Given the fiduciary relationship ofthe parties and Plaintiffs level ofsophistication,
5
punitive damages and/or statutory enhancements ofdamages should be ordered.
6
SIXTH CAUSE OF ACTION
7
FALSE ADVERTIZING
8
BUSINESS AND PROFESSIONS CODE §17500
9

jQ (Against defendant ELITE)

11 59. Plaintiff re-alleges and incorporates herein by reference all other paragraphs ofthis

12 Complaint as if set forth herein at length, and further alleges as follows:

13
60. Plaintiff is informed, believes and thereon alleges that defendant ELITE committed acts
14
offalse advertising, as defined by California Business & Professions Code §17500, by
15
advertising that laser assisted AirSculpt® liposuction was available at the La Jolla

j^ location ofELITE while knowing that it was not.

1g 61. As a result of ELITE's false advertising. Plaintiff has suffered various damages and

19 injuries according to proof at trial.

62. Plaintiff seeks restitution, disgorgement of all sums wrongfully obtained, costs of suit,
21
reasonable attorney's fees, punitive damages and/or statutory enhancements ofdamages
22
and such other relief as the Court may deem just and proper.
23
SEVENTH CAUSE OF ACTION
24

25 Medical Negligence

26 (Against all defendant)

27 1. Plaintiff incorporates by reference all other paragraphs ofthis Complaint as iffully set
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PLAINTIFF'S COMPLAINT
 ^ forth herein at length, and further alleges:
2 2. At all times relevant, Dr. Bouzaglou and ELITE,owed Plaintiffa duty to provide medical
3 care within the standard ofcare that a reasonably prudent medical provider would have

4 provided under the same or similar circumstances.

5
3. Dr. Bouzaglou and ELITE'S care ofPlaintifffell below the aforementioned applicable
6
standard.
7
4. Dr. Bouzaglou and ELITE failed to provide Plaintiff with the medical procedures
8
discussed, failed to use the medical technology discussed and deprived Plaintiff ofthe
9

jQ related benefits associated with the technology that Plaintiff had expected and that

11 Plaintiff provided her explicit consent to receive.

5. As a direct and proximate result ofthe breach ofthe applicable standard of medical care
13
Plaintiff has: 1)suffered conscious pain; suffering in the past and will suffer conscious
14
pain and suffering into the future, 2)incurred medical expenses in the past and will incur
15
future medical expenses, 3)suffered mental anguish, and suffered permanent physical
16"
j2 injuries and disfigurement.
18 6. All ofthe injuries and damages sustained by Plaintiff were the direct and proximate result

19 ofthe negligent actions ofDr. Bouzaglou and ELITE without any act or omission on the

part of Plaintiff directly thereunto contributing.

21
7. Plaintiff did not assume the risk of her damages.
22
8. Dr. Bouzaglou and ELITE,have further failed to adhere to the applicable standard
23
associated with medical record keeping; the records recovered are confusing and

25 contradictory at best thereby falling below the applicable standard.

26

27

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PLAINTIFF'S COMPLAINT
 ^ EIGHTH CAUSE OF ACTION
2 NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
3 (Against All Defendants)

4 9. Plaintiff incorporates by reference all other paragraphs ofthis Complaint as if fiilly set
5
forth herein at length, and further alleges:
6
10. The conduct of Dr. Bouzaglou and ELITE, was extreme, outrageous, and displayed
7
reckless disregard ofthe probability that such would cause Plaintiff emotional distress.
8
11. Plaintiff endured several sessions of unpleasant and painful liposuction, weeks of
9

JO unnecessarily painful recovery and the results were far less than what was expected,
11 discussed and promised.

12. Instead ofenjoying the promised results. Plaintiff now seeks corrective surgery to repair
13
what ELITE and Dr. Bouzaglou failed to provide.
14 . .
13. As a direct and proximate cause ofthe negligence of Dr. Bouzaglou and ELITE,Plaintiff
15
suffered, and continue to suffer, severe emotional distress.
16

17

18 WHEREFORE,Plaintiff prays forjudgment against the defendants, and each ofthem, as

19 follows

1. Special damages(out of pocket $35,000.00, plus cost ofcorrective surgery to be

21
determined).
22
2. General damages to be determined;
23
3. For punitive damages to be determined;
24

25 4. Prejudgment interest as provided by law; and

26 5. for such other relief as this Court deems proper.

27

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PLAINTIFF'S COMPLAINT
 1 Dated: March 5,2013 LEGAL OBJECTIVE

2
By:
3
Christian McLaughlin, Esq.,
^ Attorney for Plaintiff

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PLAINTIFF'S COMPLAINT