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Intoxicated Police Officers Sexually And Physically Assualt Woman, Leads Personal Injury and Emotional Distress
SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN BERNARDINO
Case No:
ERIN RUIZ
Plaintiff,
vs. COMPLAINT FOR DAMAGES
ANTHONY NICHOLAS ORBAN, an
1. Assault individual, JEFF THOMAS JELINEK, an
2. Battery; individual, CITY OF WESTMINSTER, a
3. Sexual Battery; governmental entity, THE STATE OF CALIFORNIA
4. False Imprisonment; , a governmental entity, and
5. Negligence; DOES I through 100, inclusive,
6. Negligent Hiring and Retention;
7. Negligent Supervision; Defendants.
8. Intentional Infliction ofEmotional Distress;
9. Negligent Infliction of Emotional Distress
DEMAND FOR JURY TRIAL
COMES NOW, PLAINTIFF, ERIN RUIZ, and for causes of action against defendants, allege as follows:
GENERAL ALLEGATIONS
I. Plaintiff is, and at all times mentioned was, a resident of the State of California, within the County of San Bernardino, City of Phelanm.
2. At all times mentioned, Defendant, "ANTHONY NICHOLAS ORBAN", was, and is, a resident of the State of California. At all times mentioned, Defendant, "JEFF THOMAS JELINEK", was, and is, a COMPLAINT FOR DAMAGES resident of the State of California.
4. At all times mentioned, Defendant, CITY OF WESTMINSTER, was, and is, a governmental entity.
5. At all times mentioned, Defendant, STATE OF CALIFORNIA, was, and is, a governmental entity.
6. Plaintiff is infonned and believes, and thereby alleges that Defendants, DOES I through 100, and each of them, inclusive, were and are individuals, partnerships, corporations, and/or business entities, qualified and/or authorized to do business in the State of California and were at all times herein mentioned, doing business within the State of California, in the County of San Bernardino. The true names and/or capacities, whether individual, corporate associate, governmental or otherwise of Defendant DOES I through 100, inclusive and each of them are unknown to the Plaintiffs, who therefore sue said Defendants by such fictitious names. When the true names and/or capacities of said Defendants are ascertained. Plaintiffs will seek leave of this Court to amend the complaint accordingly.
7. Plaintiff is infonned and believes, and thereby alleges that each Defendant designated herein as a DOE was responsible, negligently or in some other actionable manner, for the events and happenings herein referred to which proximately caused the damages to Plaintiff as hereinafter alleged, either through said Defendant's own negligence or through the conduct of its agents, servants, employees or representatives in some other manner.
8. Plaintiff is informed and believes, and thereby alleges that at all times mentioned herein the Defendants, and each of them, inclusive, were the agents, servants, employees, representatives and/or joint venturers of their co-Defendants and were as such acting within the course, scope and authority of said agency, services, employment, representation and/or joint venture in that each and every Defendant, as aforesaid, when acting as principal, was negligent in the selection and hiring of each and every other Defendant as an agent, servant, employee, representative and/or joint venturer.
9. Plaintiff is informed and believes, and thereby alleges that at all times mentioned herein each of the Defendants, including Defendant DOES I through 100, inclusive, and each of them, were the agents, servants, employees, representatives of each of the remaining Defendants and were at all times material hereto acting within the authorized course and scope of said agency,
service, employment and/or representation, and/or that all of said acts, conduct and omissions were subsequently ratified by their respective principals and the benefits thereof accepted by such
principals.
10. Plaintiff is informed and believes and thereon alleges that at all times relevant up to the present time, including, but not limited to, April 3, 2010, Defendant, ANTHONY NICHOLAS 8
ORBAN, ("ORBAN") was an agent/employee of the City of Westminster Police Department and worked as a detective in the sex crimes division.
11. Plaintiff is informed and believes and thereon alleges that at all times relevant up to the present time, including, but not limited to, April 3, 2010, Defendant, JEFF THOMAS
JELINEK, ("JELINEK") was an agent/employee of the of the State of California and worked as correctional officer.
12. On or about April 2010, Plaintiff, ERIN RUlZ, was assaulted and raped at gunpoint by Defendant, ORBAN, with the assistance of JELINEK. After a full day of heavy drinking of alcoholic beverages while armed with their police and state issued guns, ORBAN and JELINEK while in an extreme state of intoxication, set out to stalk women in the Ontario Mills Mall parking lot, on the late afternoon of April 2010. At that time and place, Defendants, ORBAN and JELINEK spotted Plaintiff, ERIN RUIZ, walking through said parking lot to her vehicle.
13. Defendants, ORBAN and JELINEK approached Plaintiff, and ORBAN pulled out his police issued gun and pointed it at Plaintiff. JELINEK stood watch and made sure that ORBAN could complete the task at hand without being noticed by the public. ORBAN then proceeded to force Plaintiff at gunpoint into her vehicle and demanded that she drive with him to a different parking lot. When they arrived at a parking lot in Fontana, California, ORBAN forced Plaintiff to completely disrobe and proceeded to assault and rape Plaintiff at gunpoint for over an 27 hour.
COMPLAINT FOR DAMAGES
14. During the assault and rape at gunpoint, ORBAN took photos of sexually explicit acts he forced Plaintiff to perform upon him and with him. Defendant, ORBAN, then sent text messages of the photographs to Defendant, JELINEK, along with self congratulatory written statements. Plaintiff, ERIN RUIZ suffered extreme physical and emotional trauma as a result.
FIRST CAUSE OF ACTION ASSAULT (Against All Defendants)
I5. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs I through 14 above, and incorporates the same by reference as though fully set forth herein.
16. At the time and place aforesaid, Defendants ORBAN and JELINEK, and DOES 1 through 100, while voluntarily intoxicated, intentionally, willfully, wantonly and maliciously threatened to beat and/or fire a gun at Plaintiff and in fact did wield and point a police issued gun at Plaintiff in such a manner so as to cause Plaintiff to reasonably believe she was about to be struck and/or shot in a harmful and offensive manner. A reasonable person in Plaintiffs situation would have been offended by the threatened, violent touching via being beaten by a gun and/or human fists and/or or shot with a gun.
17. At no time during the events described in the preceding paragraph, nor at any time prior thereto, did Plaintiff consent to any of Defendants, ORBAN and JELINEK'S, and DOES 1 through I OO's threatened conduct.
18. As a direct and proximate result of Defendants, ORBAN and JELINEK'S, and DOES I through 100's threats as aforesaid, coupled with the present ability to carry them out, Plaintiff felt the imminent apprehension of such contact, and she therefore suffered severe emotional distress and other injuries to her person, in an amount to be shown according to proof.
19. As a direct, legal and proximate result of the actions of Defendants, ORBAN and JELINEK and DOES I through 100, Plaintiff sustained serious and permanent injuries to her person, all to her damage in an amount to be shown according to proof and within the jurisdiction of the Superior Court.
20. As a direct, legal and proximate result of the aforesaid acts of Defendants, ORBAN and JELINEK and DOES I through 100, Plaintiff was compelled to and did employ the services of hospitals, physicians and surgeons, nurses, and the like, to care for and treat her, and did incur hospital, medical, professional and incidental expenses, and Plaintiff is informed and believes, and upon such information and belief alleges, that she will necessarily by reason of her injuries, incur additional like expenses for an indefinite period of time in the future, all to Plaintiffs damage in a sum to be shown according to proof.
21. As a direct, legal and proximate result ofthe aforesaid acts of Defendants ORBAN and JELINEK and DOES I through 100, Plaintiff has been prevented from engaging in her usual occupation, thereby sustaining a loss of income, the duration and extent of which is as yet undetermined, and Plaintiff is informed and believes and upon such information and belief alleges, that she will be prevented from attending to her said usual occupation for an indefinite period of time in the future and will incur an additional loss of income, all to Plaintiffs damage in a sum to be shown according to proof.
22. Plaintiff is informed and believes that the aforesaid acts directed towards the Plaintiff were carried out while Defendants ORBAN and JELINEK were voluntarily intoxicated, malicious, belligerent and the acts were done with a conscious disregard of Plaintiffs right to be free from such tortious and criminal behavior, such as to constitute oppression, fraud or malice pursuant to California Civil Code Section 3294, entitling Plaintiff to punitive damages in an amount appropriate to punish and set an example of said Defendants ORBAN, JELINEK and DOES I through lOa.
23. Plaintiff is informed and believes, and thereon alleges, that such acts of Defendants ORBAN and JELINEK were possible because of, and arose because of, and were done while, ORBAN and JELINEK were in the course and scope of their agency/employment by Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through lOa. Accordingly, respondeat superior applies to hold Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100 liable for the acts described herein by their agents/employees, Defendants, ORBAN and JELINEK.
24. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs I through 23 above, and incorporates the same by reference as though fully set forth herein.
25. On or about April 3, 2010, Defendants, ORBAN and JELINEK and DOES I through 100, intentionally and recklessly committed acts which resulted in offensive contact with the Plaintiffs person, including but not limited to: pushing and forcing Plaintiff into her car at gunpoint, forcing plaintiffto disrobe and have sexual intercourse with Defendant, ORBAN, forcing Plaintiffto perform fellatio upon Defendant, ORBAN, forcing Plaintiff to perform other acts of a carnal nature, punching Plaintiff, hitting Plaintiff, and slapping Plaintiff.
26. Defendants, ORBAN and JELINEK and DOES 1 through 100 did the aforementioned acts with the intent to cause a harmful or offensive contact with the body of Plaintiff.
27. As a direct, legal and proximate result of the actions of Defendants, ORBAN and JELINEK and DOES I through 100, Plaintiff sustained serious and permanent injuries to her person, all to her damage in an amount to be shown according to proof and within the jurisdiction ofthe Superior Court.
28. As a direct, legal and proximate result of the aforesaid acts of Defendants, ORBAN and JELINEK and DOES 1 through 100, Plaintiff was compelled to and did employ the services of hospitals, physicians and surgeons, nurses, and the like, to care for and treat her, and did incur hospital, medical, professional and incidental expenses, and Plaintiff is informed and believes, and upon such information and belief alleges, that she will necessarily by reason of her injuries, incur additional like expenses for an indefinite period oftime in the future, all to Plaintiffs damage in a sum to be shown according to proof.
29. As a direct, legal and proximate result ofthe aforesaid acts of Defendants, ORBAN and JELINEK and DOES I through 100, Plaintiff has been prevented from engaging in her usual occupation, thereby sustaining a loss of income, the duration and extent of which is as yet undetermined, and Plaintiff is informed and believes and upon such information and belief alleges, that she will be prevented from attending to her said usual occupation for an indefinite period of time in the future and will incur an additional loss of income, all to Plaintiffs damage in a sum to be shown according to proof.
30. Plaintiff is informed and believes that the aforesaid acts directed towards the Plaintiff were carried out while Defendants ORBAN and JELINEK were voluntarily intoxicated, malicious, and belligerent, and the acts were done with a conscious disregard of Plaintiffs right to be free from such tortious and criminal behavior, such as to constitute oppression, fraud or malice pursuant to California Civil Code Section 3294, entitling Plaintiff to punitive damages in an amount appropriate to punish and set an example of said Defendants Defendants, ORBAN and JELINEK and DOES I through 100.
31. Plaintiff is informed and believes, and thereon alleges, that such acts of Defendants ORBAN and JELINEK were possible because of, and arose because of, and were done while, ORBAN and JELINEK were in the course and scope of their agency/employment by Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100. Accordingly, respondeat superior applies to hold Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100 liable for the acts described herein by their 18 agents/employees, Defendants, ORBAN and JELINEK.
THIRD CAUSE OF ACTION 21 SEXUAL BATTERY rCiv. Code § 1708.5\ (Against All Defendants)
32. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs I through 31 above, and incorporates the same by reference as though fully set forth herein.
33. Defendants, ORBAN and JELINEK, intentionally and recklessly did acts which resulted in harmfi.ll and offensive contact with the Plaintiffs person, including but not limited to: touching Plaintiff in a sexual and offensive manner at gunpoint, forcing Plaintiff to perform fellatio, and forcing Plaintiff to engage in sexual intercourse and other acts of a carnal nature all at gunpoint.
34. Plaintiff is informed and believes, and thereon alleges, that such acts of Defendants ORBAN and JELINEK were possible because of, and arose because of, and were done while, ORBAN and JELINEK were in the course and scope oftheir agency/employment by Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES 1 through 100. Accordingly, respondeat superior applies to hold Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES 1 through 100 liable for the acts described herein by their agents/employees, Defendants, ORBAN and JELINEK.
35. Defendants, ORBAN and JELINEK, did the aforementioned acts with the intent to cause a harmful or offensive contact with an intimate part of Plaintiff.
36. Plaintiff, ERIN RUIZ, did not give any consent for the aforementioned acts.
37. As a direct, legal and proximate result of the acts of Defendants, and each of them, as aforesaid, Plaintiff, ERIN RUIZ, sustained serious, and permanent injuries to her person, all to her damage in an amount to be shown according to proof and within the jurisdiction of this Court.
38. As a direct, legal and proximate result ofthe aforesaid acts of Defendants, and each ofthem, Plaintiff was compelled to and did employ the services of health care facilities, hospitals, physicians and surgeons, nurses, and the like, to care for and treat her, and did incur hospital, medical, professional and incidental expenses, and Plaintiff is informed and believes, and upon such information and belief alleges, that she will necessarily by reason of her injuries, incur additional like expenses for an indefinite period oftime in the future, all to Plaintiffs damage in a sum to be shown according to proof.
39. As a direct, legal and proximate result ofthe aforesaid acts of Defendants, and each ofthem, Plaintiff was prevented for a time from engaging in her usual occupation, thereby sustaining a loss of income, the duration and extent of which is as yet undetermined, and Plaintiff is informed and believes and upon such information and belief alleges, that she will be prevented from attending to her said usual occupation for an indefinite period oftime in the future and will incur an additional loss of income, all to Plaintiffs damage in a sum to be shown according to proof.
40. Plaintiff is informed and believes that the aforesaid acts directed towards the Plaintiff were carried out while Defendants ORBAN and JELINEK were voluntarily intoxicated, malicious, belligerent and the acts were done with a conscious disregard of Plaintiff's right to be free from such tortious and criminal behavior, such as to constitute oppression, fraud or malice pursuant to California Civil Code Section 3294, entitling Plaintiff to punitive damages in an amount appropriate to punish and set an example of said Defendants ORBAN, JELINEK and DOES I through 100.
41. Plaintiff is informed and believes, and thereon alleges, that such acts of Defendants ORBAN and JELINEK were possible because of, and arose because of, and were done while, ORBAN and JELINEK were in the course and scope of their agency/employment by Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100. Accordingly, respondeat superior applies to hold Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100 liable for the acts described herein by their agents/employees, Defendants, ORBAN and JELINEK.
FOURTH CAUSE OF ACTION FALSE IMPRISONMENT (Against All Defendants)
42. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs I through 41 above, and incorporates the same by reference as though fully set f01ih herein.
43. Defendants, ORBAN and JELINEK physically forced Plaintiff into her vehicle and physically forced her to remain within the vehicle and with ORBAN while she was raped at gunpoint. As a result, Plaintiff was confined within her vehicle and was not permitted to leave for over an hour while she was being raped at gunpoint.
Bisnar | Chase Personal Injury Attorneys, LLP confinement of Plaintiff.
47. The confinement was for an appreciable length of time.
48. As a direct, legal and proximate result of the acts of Defendants, and each of them, as aforesaid, Plaintiff, ERIN RUIZ, sustained serious, and permanent injuries to her person, all to her damage in an amount to be shown according to proof and within the jurisdiction of this Court.
49. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was compelled to and did employ the services of health care facilities, hospitals, physicians and surgeons, nurses, and the like, to care for and treat her, and did incur hospital, medical, professional and incidental expenses, and Plaintiff is informed and believes, and upon such information and belief alleges, that she will necessarily by reason of her injuries, incur additional like expenses for an indefinite period of time in the future, all to Plaintiffs damage in a stun to be shown according to proof.
50. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was prevented for a time from engaging in her usual occupation, thereby sustaining a loss of income, the duration and extent of which is as yet undetermined, and Plaintiff is informed and believes and upon such information and belief alleges, that she will be prevented from attending to her said usual occupation for an indefinite period oftime in the future and will incur an additional loss of income, all to Plaintiffs damage in a sum to be shown according to proof.
51. Plaintiff is informed and believes that the aforesaid acts directed towards the Plaintiff were carried out while Defendants ORBAN and JELINEK were voluntarily intoxicated, malicious, belligerent and the acts were done with a conscious disregard of Plaintiffs right to be free from such tortious and criminal behavior, such as to constitute oppression, fraud or malice pursuant to California Civil Code Section 3294, entitling Plaintiff to punitive damages in an amount appropriate to punish and set an example of said Defendants ORBAN, JELINEK and DOES I through 100.
52. Plaintiff is informed and believes, and thereon alleges, that such acts of Defendants ORBAN and JELINEK were possible because of, and arose because of, and were done while,
58. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was compelled to and did employ the services of health care facilities, hospitals, physicians and surgeons, nurses, and the like, to care for and treat her, and did incur hospital, medical, professional and incidental expenses, and Plaintiff is infonned and believes, and upon such infOlmation and belief alleges, that she will necessarily by reason of her injuries, incur additional like expenses for an indefinite period of time in the future, all to Plaintiffs damage in a sum to be shown according to proof.
59. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was prevented for a time from engaging in her usual occupation, thereby sustaining a loss of income, the duration and extent of which is as yet undetermined, and Plaintiff is informed and believes and upon such information and belief alleges, that she will be prevented from attending to her said usual occupation for an indefinite period of time in the future and will incur an additional loss of income, all to Plaintiffs damage in a sum to be shown according to proof.
60. Plaintiff is informed and believes that the aforesaid acts directed towards the Plaintiff were carried out while Defendants ORBAN and JELINEK were voluntarily intoxicated, malicious, belligerent and the acts were done with a conscious disregard of Plaintiffs right to be free from such tortious and criminal behavior, such as to constitute oppression, fraud or malice pursuant to California Civil Code Section 3294, entitling Plaintiff to punitive damages in an amount appropriate to punish and set an example of said Defendants ORBAN, JELINEK and DOES I through 100.
61. Plaintiff is infonned and believes, and thereon alleges, that such acts of Defendants ORBAN and JELINEK were possible because of, and arose because of, and were done while, ORBAN and JELINEK were in the course and scope of their agency/employment by Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100. Accordingly, respondeat superior applies to hold Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100 liable for the acts described herein by their agents/employees, Defendants, ORBAN and JELINEK.
SIXTH CAUSE OF ACTION NEGLIGENT HIRING AND RETENTION (Against Defendants, CITY OF WESTMINSTER and STATE OF CALIFORNIA)
62. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs I through 61 above, and incorporates the same by reference as though fully sct forth herein.
63. Defendants, ORBAN and JELINEK were incompetent and unfit for their jobs because Defendants, ORBAN and JELINEK were psychologically unsound, mentally unstable and prone to commit acts of negligence, violence and sexual aggression. Defendants, ORBAN and JELINEK were unlikely to competently perform their jobs without causing harm to the public, including Plaintiff.
64. Defendants, CITY OF WESTMINSTER and STATE OF CALIFORNIA and DOES I through 100 hired and retained Defendants, ORBAN and JELINEK, although Defendants, ORBAN and JELINEK were psychologically unsound, mentally unstable and prone to commit acts of negligence, violence and sexual aggression.
65. Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100, hired and retained Defendants, ORBAN and JELINEK after Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100 knew, or should have known through a reasonable effort to discover, Defendants, ORBAN and JELINEK's unfitness for their jobs.
66. Such unfitness for their jobs, was the direct and proximate cause of Plaintiffs injuries, because of Defendants' , ORBAN's and JELINEK'S psychological and mental instability caused them to commit the acts described herein upon Plaintiff.
67. As a direct, legal and proximate result of the acts of Defendants, and each of them, as aforesaid, Plaintiff, ERIN RUIZ, sustained serious, and permanent injuries to her person, all to her damage in an amount to be shown according to proof and within the jurisdiction of this Court.
68. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was compelled to and did employ the services of health care facilities, hospitals, physicians and surgeons, nurses, and the like, to care for and treat her, and did incur hospital, medical, professional and incidental expenses, and Plaintiff is informed and believes, and upon such information and belief alleges, that she will necessarily by reason of her injuries, incur additional like expenses for an indefinite period of time in the future, all to Plaintiffs damage in a sum to be shown according to proof.
69. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was prevented for a time from engaging in her usual occupation, thereby sustaining a loss of income, the duration and extent of which is as yet undetermined, and Plaintiff is informed and believes and upon such information and belief alleges, that she will be prevented from attending to her said usual occupation for an indefinite period of time in the future and will incur an additional loss of income, all to Plaintiffs damage in a sum to be shown according to proof.
II SEVENTH CAUSE OF ACTION NEGLIGENT SUPERVISION (Against Defendants, CITY OF WESTMINSTER and STATE OF CALIFORNIA)
70. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs I through 69 above, and incorporates the same by reference as though fully set forth herein.
71. Defendants, CITY OF WESTMINSTER and STATE OF CALIFORNIA were careless, reckless, and negligent in committing the acts described herein upon Plaintiff ERIN RUIZ, and were careless, reckless, and negligent in supervising ORBAN and JELINEK because these Defendants failed to properly oversee the actions of ORBAN and JELINEK while ORBAN and JELINEK were permitted to carry their police/State issued guns off duty.
72. By reason of the foregoing, the Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA, and DOES I through 100 and each of them, inclusive, breached their respective duties of care to Plaintiff, ERIN RUIZ, so as not to infringe upon her personal safety and cause her to be physically assaulted and raped at gunpoint and so as not to cause the resulting physical and emotional trauma and damages.
73. Such lack of supervision was the direct and proximate cause of Plaintiffs injuries, because of Defendants', ORBAN's and JELINEK'S psychological and mental instability caused them to commit the acts described herein upon Plaintiff.
COMPLAINT FOR DAMAGES
74. As a direct, legal and proximate result of the acts of Defendants, and each of them, as aforesaid, Plaintiff, ERIN RUIZ, sustained serious, and permanent injuries to her person, all to her damage in an amount to be shown according to proof and within the jurisdiction of this Court.
75. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was compelled to and did employ the services of health care facilities, hospitals, physicians and surgeons, nurses, and the like, to care for and treat her, and did incur hospital, medical, professional and incidental expenses, and Plaintiff is informed and believes, and upon such information and belief alleges, that she will necessarily by reason of her injuries, incur additional like expenses for an indefinite period of time in the future, all to Plaintiff's damage in a sum to be shown according to proof.
76. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was prevented for a time from engaging in her usual occupation, thereby sustaining a loss of income, the duration and extent of which is as yet undetermined, and Plaintiff is infOlmed and believes and upon such information and belief alleges, that she will be prevented from attending to her said usual occupation for an indefinite period of time in the future and will incur an additional loss of income, all to Plaintiff's damage in a sum to be shown according to proof.
EIGHTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against All Defendants)
77. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs I through 76 above, and incorporates the same by reference as though fully set forth herein.
78. Plaintiff is informed and believes, and thereon alleges, that the actions of all Defendants, and DOES I through 10, were intentional, extreme, and outrageous. Plaintiff is further informed and believes, and thereon alleges, that such actions were done with the intent to cause serious emotional distress or with reckless disregard of the probability of causing Plaintiff serious emotional distress.
79. As a direct, legal and proximate result of the acts of Defendants, and each of them, as aforesaid, Plaintiff, ERIN RUIZ, sustained serious, and permanent injuries to her person, all to her damage in an amount to be shown according to proof and within the jurisdiction of this Comt.
80. As a direct, legal and proximate result ofthe aforesaid acts of Defendants, and each ofthem, Plaintiff was compelled to and did employ the services of health care facilities, hospitals, physicians and surgeons, nurses, and the like, to care for and treat her, and did incur hospital, medical, professional and incidental expenses, and Plaintiff is informed and believes, and upon such information and belief alleges, that she will necessarily by reason of her injuries, incur additional like expenses for an indefinite period oftime in the future, all to Plaintiffs damage in a sum to be shown according to proof.
81. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each ofthem, Plaintiff was prevented for a time from engaging in her usual occupation, thereby sustaining a loss of income, the duration and extent of which is as yet undetermined, and Plaintiff is informed and believes and upon such information and belief alleges, that she will be prevented from attending to her said usual occupation for an indefinite period oftime in the future and will incur an additional loss of income, all to Plaintiffs damage in a sum to be shown according to proof.
82. Plaintiff is informed and believes that the aforesaid acts directed towards the Plaintiff were carried out while Defendants ORBAN and JELINEK were voluntarily intoxicated, malicious, belligerent and the acts were done with a conscious disregard of Plaintiffs right to be free from such tortious and criminal behavior, such as to constitute oppression, fraud or malice pursuant to California Civil Code Section 3294, entitling Plaintiff to punitive damages in an amount appropriate to punish and set an example of said Defendants ORBAN, JELINEK and DOES I through lOa.
83. Plaintiff is informed and believes, and thereon alleges, that such aets of Defendants ORBAN and JELINEK were possible because of, and arose because of, and were done while, ORBAN and JELINEK were in the course and scope of their agency/employment by Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through lOa. Accordingly,
respondeat superior applies to hold Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES 1 through 100 liable for the acts described herein by their agents/employees, Defendants, ORBAN and JELINEK.
NINTH CAUSE OF ACTION NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
(Against All Defendants)
84. Plaintiff incorporates, repeats and re-alleges each and every allegation in paragraphs 1 through 19 above, and incorporates the same by reference as though fully set forth herein.
85. Plaintiff suffered serious emotional distress as a result of the severe physical and emotional trauma as a result of the negligence ofDefendants, ORBAN, JELINEK, CITY OF WESTMINSTER, STATE OF CALIFORNIA, and DOES 1 through 100, and each ofthem, inclusive.
86. As described above, Defendants, ORBAN, JELINEK, CITY OF WESTMINSTER, STATE OF CALIFORNIA, and DOES 1 through 100, negligently caused the serious injuries to Plaintiff by reason of the assault and rape, which was caused by reason of Defendants' breach of 16 their duties of care not to infringe upon the personal safety of Plaintiff, ERIN RUIZ.
87. At all times mentioned, Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA, and DOES 1 through 100, and each of them, inclusive, knew, or in the exercise of reasonable care should have known, that ORBAN and JELINEK were unfit for their positions with the respective governmental entity and would commit the acts described herein upon a member ofthe public, and had committed similar acts in the past while within the course and scope of their employment.
88. As a direct and legal result of the Defendants', ORBAN, JELINEK, CITY OF WESTMINSTER, STATE OF CALIFORNIA, and DOES I through 100, and each of their negligence, carelessness, and unlawful conduct, Plaintiff, ERIN RUIZ suffered serious emotional distress, including but not limited to suffering, anguish, fright, horror, nervousness, grief, anxiety, worry shock, humiliation, and shame, such that an ordinary, reasonable person would be unable to cope with the serious emotional distress.
COMPLAINT FOR DAMAGES
89. Plaintiff is informed and believes, and thereon alleges, that the actions of all Defendants, and DOES 1 through 100, were intentional, extreme, and outrageous. Plaintiff is further informed and believes, and thereon alleges, that such actions were done with the intent to cause serious emotional distress or with reckless disregard of the probability of causing Plaintiff serious emotional distress.
90. As a direct, legal and proximate result of the actions of all Defendants, and DOES I through100, Plaintiff suffered severe emotional distress which has caused Plaintiff to sustain severe, serious and permanent injuries to her person, all to her damage in a sum to be shown according to proof and within the jurisdiction of the Superior Court.
91. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was compelled to and did employ the services of health care facilities, hospitals, physicians and surgeons, nurses, and the like, to care for and treat her, and did incur hospital, medical, professional and incidental expenses, and Plaintiff is informed and believes, and upon such information and belief alleges, that she will necessarily by reason of her injuries, incur additional like expenses for an indefinite period of time in the future, all to Plaintiffs damage in a sum to be shown according to proof.
92. As a direct, legal and proximate result of the aforesaid acts of Defendants, and each of them, Plaintiff was prevented for a time from engaging in her usual occupation, thereby sustaining a loss of income, the duration and extent of which is as yet undetermined, and Plaintiff is informed and believes and upon such information and belief alleges, that she will be prevented from attending to her said usual occupation for an indefinite period of time in the future and will incur an additional loss of income, all to Plaintiffs damage in a sum to be shown according to proof.
93. Plaintiff is informed and believes that the aforesaid acts directed towards the Plaintiff were carried out while Defendants ORBAN and JELINEK were voluntarily intoxicated, malicious, belligerent and the acts were done with a conscious disregard of Plaintiffs right to be free from such tortious and criminal behavior, such as to constitute oppression, fraud or malice pursuant to California Civil Code Section 3294, entitling Plaintiff to punitive damages in an amount appropriate to punish and set an example of said Defendants ORBAN, JELINEK and DOES 1 through 100.
94. Plaintiff is informed and believes, and thereon alleges, that such acts of Defendants ORBAN and JELINEK were possible because of, and arose because of, and were done while, ORBAN and JELINEK were in the course and scope of their agencylemployment by Defendants, CITY OF WESTMINSTER, STATE OF CALIFORNIA and DOES I through 100. Accordingly, respondeat superior applies to hold Defendants, CITY OF WESTMINSTER, STATE OF 8 CALIFORNIA and DOES I through 100 liable for the acts described herein by their agentslemployees, Defendants, ORBAN and JELINEK.
6. Exemplary and punitive damages.
DATED: November 10, 2010
Bisnar | Chase Personal Injury Attorneys, LLP
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a trial by a 12-person jury. DATED: November 10, 2010 Bisnar | Chase Personal Injury Attorneys, LLP
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