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CIV 150625 CIV DS1508999 CASEEN 150202

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Case Number DS1508999

CaseType CIV THIS COVERSHEET IS FOR COURTAction Code CASEEN PURPOSES ONLY AND THIS IS NOTAction Date 06 25 15 A PART OF THE OFFICIAL RECORDActionTime 3 02 YOU WILL NOT BE CHARGED FORAction Seq 0002

TH I S PAGEPrinted by VGONZ

Complaint and Party information entered

NEWFILE

BRIAN E CLAYPOOL SBN 134674sU f L1 THE CLAYPOOL LAVV IRM o

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3 Telephone 626 240 4616 JFacsimile 626 796 995

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4 ttirD

5 Attorney for PlaintiffsGV

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6SUPERIOR COURT OF THE STATE OF CALIFORNIA

7

8 COUNTY OF SAN BERNARDINO

9 CIVDS1508994

A R a minor through his guardian ad Case No10 litem RAQUEL ESTES

COMPLAINT FOR DAMAGES11 STARQUISHA BUNN individually

1 NEGLIGENCE

122 NEGLIGENCE PER SE

13 Plaintiffs

14 S3 INTENTIONAL INFLICTION

OF EMOTIONAL DISTRESS15

TERIM CARE FOSTER FAMILY 4 CONSPIRACY

16 AGENCY a California CorporationSUKHWINDER SINGH an individual

17 FREDDIE WILSON an individual DEMAND FOR JURY TRIALAJAY MALHOTRA an individual

18 BHUPINDER CHHUDU anindividual KHUSHANUD AZARIAH

19 an individual JOEL DOMINGUEZ anindividual SHAHZIA RAMNIT an

20 individual LISA OATES anindividual NAWAB WILSON an

21 individual and DOES 1 throug 50inclusive

22

23 Defendants

24

25

26

27

28

COMPLAINT FOR DAMAGES

1VENUE AND JURISDICTION

2 1 Venue is proper in the Superior Court of the State of California for the

3County of San Bernardino in that the underlying wrongdoing acts omissions

4

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

6 occurred in the County of San Bernardino California within the judicial boundaries7

of this Superior Court This Superior Court has jurisdiction over the present matter8

9 because as described herein the nature of the claims and amounts in controversy

10 meet the requirements for unlimited damages jurisdiction

11PARTIES

12

13 2 At all relevant times Plaintiff A R was a minor child residing in San

14 Bernardino County A R s date of birth is August 1 1999 Raquel Estes has been

15

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

1 child and was caught in an illegal abusive violent concealed unconscionable kids

1 g for cash operation from 2010 to 2011 run by defendant INTERIM CARE FOSTER19

FAMILY AGENCY INTERIM and defendants uncertified LISA OATES20

21 OATES and NAWAB WILSON WILSON At all times herein plaintiff

22 A R suffered ongoing unrestrained terror torture corporal punishment physical23

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

25 covered up and unchecked by INTERIM

26 3 At all relevant times Plaintiff STARQUISHA BUNN BUNN was

27

28a minor child residing in San Bernardino County during the abuse BUNN is

2COMPLAINT FOR DAMAGES

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

2 1993 She is a former foster child caught in an illegal abusive violent concealed

3unconscionable kids for cash operation from 2007 2009run by defendant

4

5 INTERIM CARE FOSTER FAMILY AGENCY INTERIM and defendants

6 uncertified LISA OATES OATES and NAWAB WILSON WILSON At all

7times herein plaintiff A R suffered ongoing unrestrained terror torture corporal

8

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

10 OATES and WILSON covered up and unchecked by INTERIM11

4 At all times herein defendant INTERIM was a California Corporation12

13 licensed and existing under the laws ofCalifornia with its principal place of

14 business in the County of San Bernardino 10251 Trademark Street A Rancho15

Cucamonga California 9173016

1 5 At all times herein between 1 1 06 and 1 1 13 defendants OATES and

1 g WILSON residents of San Bernardino County defendants INTERIM defendant19

board members defendant CEO and defendants Administrators held out uncertified20

21 OATES and WILSON and seven uncertified facilities as certified by INTERIM in

22 violation ofHealth and Safety Code Section 150823

6 At all times herein defendants INTERIM defendants board members24

25 defendant CEO defendants Administrators and defendants OATES and WILSON

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

27

28and Human Services Title IV E Federal Foster Care Funds California Dept of

3COMPLAINT FORDAMAGES

1 Social Services DSS State Foster Funds and San Bernardino County Child

2 Protective Services Foster Care Funds for plaintiffs on pretext that defendant

3INTERIM certified defendants OATES and WILSON and defendants seven

4

5 facilities

6 7 At all times herein defendant INTERIM defendants board members

defendant CEO and defendants Administrators knew plaintiffs foster children8

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

10 defendants and said facilities out as certified by INTERIM in violation of Health11

Safety Code Section 1508 placed more defendant children collected lucrative12

13 federal state and county foster care funds perpetrating the kids for cash scam

14 g At all times herein defendant INTERIM defendants board members

15defendant CEO and defendants Administrators knew defendants OATES and

16

1 WILSON and plaintiffs foster children were homeless for six months homeless

1 g foster children tool no action held out said homeless defendants as certified by19

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

21 dependent collected lucrative federal state and county foster care funds

22perpetrating the kids for cash scam

239 At all times herein defendant INTERIM defendants board members

24

25 defendant CEO and defendants Administrators knew or should have known

26 plaintiffs foster children suffered ongoing unrestrained relentless torture trauma27

severe mental and emotional abuse at the hands of defendants OATES and28


1 WILSON took no action held out said uncertified dangerous violent abusive

2 defendants as certified by INTERIM3

10 At all times herein Defendant SUKHWINDER SINGH SINGH4

5 defendant Interim s Chief Financial Officer and Administrator 10251 Trademark

6 Street A Rancho Cucamonga California 91730 bilked hundreds ofthousands of

foster care dollars from the U S Dept ofHealth and Human Services California8

9 DDS and San Bernardino County Child Protective Services on pretext uncertified

10 defendants OATES and WILSON and defenadnts facilities were certified by11

INTERIM in violation of Health and Safety Code Section 150812

13 11 At all times herein Defendant FREDDY WILSON F WILSON

14 defendant Interim s director 10251 Trademark Street A Rancho Cucamonga

15California 91730 bilked hundreds of thousands of foster care dollars from the U S

16

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

1 g Child Protective Services on pretext uncertified defendants OATES and WILSON

19and defendants facilities were certified by INTERIM in violation of Health and

20

21 Safety Code Section 1508

22 12 At all times herein Defendant AJAY MALHOTRA MALHOTRA

23defendant Interim s director 10251 Trademark Street A Rancho Cucamonga

24

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

26 Dept of Health and Human Services California DDS and San Bernardino County27

28Child Protective Services on pretext uncertified defendants OATES and WILSON


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

2 Safety Code Section 15083

13 At all times herein Defendant BHUPINDER CHHUDU4

5 CHH JDU defendant Interim s director 10251 Trademark Street A Rancho

6 Cucamonga California 91730 bilked hundreds of thousands of foster care dollars

7from the U S Dept of Health and Human Services California DDS and San

8

9 Bernardino County Child Protective Services on pretext uncertified defendants

10 OATES and WILSON and defendants facilities were certified by INTERIM in11

violation of Health and Safety Code Section 150812

13 14 At all times herein between 11 29 06 and 12 03 10 Defendant

14 K SHANUD AZARIAH AZARIAH employed as defendant Interim s

15Administrator 10251 Trademark Street A Rancho Cucamonga California 91730

16


1 gand Human Services California DDS and San Bernardino County Child Protective

19

20Services on pretext uncertified defendants OATES and WILSON and defendants

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

22 1508

2315 At all times herein between 12 03 10 and 7 22 11 Defendant JOEL

24

25 DOMINGUEZ DOMINGLTEZ employed as defendant Interim s Administrator

26 10251 Trademark Street A Rancho Cucamonga California 91730 bilked hundreds

27

28of thousands of foster care dollars from the U S Dept ofHealth and Human

6COMPL INT FOR DAMAGES

1 Services California DDS and San Bernardino County Child Protective Services on

2 pretext uncertified defendants OATES and WILSON and defendants facilities were

3certified by INTERIM in violation of Health and Safety Code Section 1508

4

5 16 At all times herein between 10 18 11 and 8 30 14 Defendant

6 SHAHZIA R AMNIT RAMNIT employed by defendant as Interim s7

Administrator 10251 Trademark Street A Rancho Cucamonga California 917308


10 and Human Services California DDS and San Bernardino County Child Protective11

Services on pretext uncertified defendants OATES and WILSON and defendants12

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

14 1508

15FIRST CAUSE OF ACTION FOR NEGLIGENCE

16

1 By All Plaintiffs Against All Defendants

1 g 17 Plaintiffs repeat and reallege each and every allegation contained in19

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

21 same force and effect as if fully set forth

22 18 On 8 18 06 the Department sent written notification to defendants F

23

24WILSON MALHOTRA and CHHUDU that defendant INTERIM applied for a

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

26members

27

28


1 19 The Department s notification further stated It is important for you to

2 understand that if approved this license will be issued in the name of the

3corporation This means that the corporation will be held accountable for the care

4

5 and supervision ofall clients in care

6 20 The Department s notification further stated Regular board of

directors meetings is essential if the board members are to ensure that the care8

9 facility is operating properly and in substantial compliance with licensing laws and

10 regulation In some instances board members may be held accountable for the11

conduct of or damages caused by the facility corporate licensee12

13 21 California Code of Regulations Title 22 Section 88063 imposed

14 mandatory statutory duties on defendant ITNERIM s directors defendants F15

WILSON MALHOTRA and CHH TDU to actively ensure accountability and16

1 perform at a minimum the following responsibilities 1 establish and approve

1 g policies and procedures governing the operation of defendant INTERIM 2

19approve and monitor a budget for defendant INTERIM 3 access and maintain the

20

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

22 22 Title 22 Sections 80001 c 3 and 88018 d imposed mandatory23

statutory duties on defendants directors F WILSON MALHOTRA and24

25 CHHLTDU to sign a written resolution stating the board shall operate defendant

26 INTERIM in full conformity with applicable licensing statutes and regulations27

28


123 Title 22 Section 88035 imposed responsibility on defendants directors

2 F WILSON MALHOTRA and CHHLTDU for dependent children placed in

3defendant INTERIM s custody

4

5 24 Title 22 Section 88063 a imposed mandatory statutory duties on

6 defendant INTERIM to account for the general supervision of defendant s facility

and certified family homes to establish policies concerning operation and to ensure8

9 operations comply with applicable regulations and statutes

10 25 The U S Department of Health and Human Services under Social

11Security Act Title IV E California Department of Social Services and San

12

13 Bernardino Department of Social Services paid defendant INTERIM millions for

14 foster care for dependent children placed in defendant s custody including plaintiffs15

26 Administrator means the person designated by the board of directors16

1 to be responsible for defendant INTERIM s operation California Code of

1 g Regulation Title 22 section 88001 a 2

1927 Title 22 Sections 88001 c 2 88030 b imposed mandatory statutory

20

21 duties on defendants administrators AZARIAH DOMINGUEZ and R AMNIT to

22 sign Certificates ofApproval on defendant INTERIM s family homes23

28 Title 22 Section 88001 c imposed mandatory statutory duties on24

25 defendants administrators AZARIAH DOMINGUEZ and RAMNIT to issue

26 Certificates ofApproval on defendant INTERIM s family homes27

28


1 29 Under Section 88001 c 3 c 4 a certified family home means a

2 residence certified by a licensed FFA and issued a Certificate ofApproval by the3

agency as meeting licensing standards a certified parent is an adult residing in the4

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

6 agency

730 Title 22 Section 88030 b imposed mandatory statutory duties on

8

9 defendants administrators AZARIAH DOMINGUEZ and RAMNIT to provide

10 each certified family home used by defendant with a Certificate of Approval11

properly completed and signed by the administrator of his her designee a Certificate12

13 fApproval is not transferable and is void upon a change of location or certified

14 parents

1531 Under Section 89201 11 Completed Application means A the

16

1 applicant has submitted and the licensing agency has received all required material

1 g and B the licensing agency has completed a site visit to the facility19

32 Under Section 89218 c T he application and supporting documents20

21 shall include 1 Name and address of the applicant 2 Name and address of owner

22 of premises ifapplicant is leasing or renting 3 a copy of the document s that23

establish the applicant has control of the property to be licensed24

25 33 Under Section 80001 a b an application for a Certificate of Approval

26includes a Plan ofOperation completed by the applicant

27

28


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

2 sketch ofthe building and the grounds including the dimensions of all areas used by3

the clients

4

5 35 Under Sections 80022 g and 80061 changes in the Plan of Operation

6 shall be submitted for licensing agency approval and shall be reported to the7

Department

8

9 36 Under Section 89218 e The application shall be filed with the

10 licensing agency which services the geographical area in which the home is11

located12

13 37 Title 22 Section 89227 a imposed mandatory statutory duties on

14 defendants administrators AZARIAH DOMINGUEZ and RAMNIT to ensure a

15site visit to the proposed foster family home is completed as part ofthe application

16

1 review process and a determination that all of the requirements ofArticle 3 of this

1 g chapter have been satisfied

1938 Title 22 Section 89231 a imposed mandatory statutory duties on

20

21 defendants administrators AZARIAH DOMINGUEZ and RAMNIT to issue a

22 license to the applicant after an application has been completed an in home visit has23

24been made pursuant to Section 89227 subsection a 1 and upon determination

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

26 39 Section 89234 imposed mandatory statutory duties on defendants27

28OATES and EILSON to provide defendant INTERIM with reasonable notice prior


i

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

2 d

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

4

5 deemed an unlicensed community care facility maintained and operated to provide

6 non medical care if it is unlicensed and not exempt from licensure and the facility

is held out as or represented as providing care or supervision as defined by this8

9 chapter or the rules and regulations adopted pursuant to this chapter

10 41 Under Title 22 Sections 80001 2 89201 C and Health and Safety11

Code section 1503 5 a a home that is held out as or represented as providing care12

13 and supervision includes 3 A licensed home that moves to a new location

14 42 Health and Safety Code 1531 5 c states child abuse means a

15situation in which a child suffers from any one or more of the following 1 Serious

16

1 physical injury inflicted upon the child by other than accidental means 2 Harm by

1 g reason of intentional neglect or malnutrition or sexual abuse 3 Going without19

necessary and basic physical care 4 Willful mental injury negligent treatment or20

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

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

23

harmed or threatened thereby as determined in accordance with regulations24

25 prescribed by the Director of Social Services

26

27

28


1 43 Under Health and Safety Code Sections 1531 5 c 3 and 4

2 necessary and basic physical care means care provided in a current and validly3

licensed or administrator certified community care facility4

5 44 Penal Code Section 11166 imposed mandatory statutory duties on

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

7Safety Code Section 1531 5 c 3 and 4 based on placement in uncertified

8

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

10 45 Section 88061 b imposed mandatory statutory duties on all defendant11

INTERIM s personnel to report the abuse of a dependent child pursuant to Health12

13 and Safety Code Section 1531 5 c 3 and 4 based on placement inuncertified

14 community care facilities in violation of Health and Safety Code Section 150815

46 A child placed in an uncertified home in violation for Health and Safety16

1 Code Section 1508 constitutes an unusual incident under Section 88061 c 4 that

1 g threatens the physical or emotional health or safety of any child constituting child19

abuse under Health and Safety Code Section 1531 5 c 3 4 mandating a report20

21 under Penal Code Section 11166

22 47 Section 88061 g imposed mandatory statutory duties on defendant23

24INTERIM to report child abuse under Health and Safety Code Section 1531 5 c 3

25 4 based on placement in uncertified homes in violation of Health and Safety Codes

26 Section 1508

27

28


1 48 Section 88061 h imposed mandatory statutory duties on defendant

2 INTERIM to provide a log of family homes certified and decertified during the3

month to the Department by the tenth of the following month4

5 49 Section 88068 imposed mandatory statutory duties on defendant

6 INTERIM to complete and maintain current admission agreements with each

certified parent with whom the children were placed8

9 50 Start with Section 89200 a imposed mandatory statutory duties on

10 defendant INTERIM to ensure compliance with all applicable law and regulation

1151 Under Section 89201 d 1 Deficiency means any failure to comply

12

13 ith any provision of the Community Care Facilities Act commencing with Section

14 1500 of the Health and Safety Code and or regulations adopted by the Department15

pursuant to the Act16

1 52 Under Section 89201 s 1 Serious Deficiency means any deficiency

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

19or safety of any child in the home

20

21 53 Under Section 89201 p 4 Provision or provide means whenever

22 any regulation required that provision be made for or that there be provided any23

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

25 present evidence to the licensing agency that the requirements have been met by

26some other means

27

28


1 54 Under Section 89201 1 2 Licensed Home means a home that is

2 licensed by Community Care Licensing in accordance with the standards set forth in3

Article 3 of this chapter The license cannot be transferred to another person or4

5 location

6 55 Under Section 89201 u 1 Unlicensed Community Care Facility

means a facility as defined in Section 1503 5 of the Health Safety Code8

9 56 Under Section 89201 u 1 C 3 89201 U 1 C 3 Unlicensed

10 Community Care Facility means a licensed home that moves to a new location

1157 Section 89205 imposed mandatory statutory duties on defendant

12

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

14 home or hold out advertise or represent by any means to do so without first15

obtaining a current valid license from the licensing agency16

17 58 Under Section 89206 a An unlicensed facility as defined in Section

18 89201 u 1 is in violation of Section 1503 5 and or 1508 ofthe Health and Safety

19Code

20

21 59 Section 89206 d imposed mandatory statutory duties on defendant

22 INTERIM to issue an immediate civil penalty on parents for operating an illegal23

unauthorized uncertified home pursuant to Title 22 section 89255 and Section 154724

25 of the Health and Safety Code

26

27

28


160 Section 89206 imposed mandatory statutory duties on defendant

2 INTERIM to notify the appropriate placement or protective service agency of an3

immediate threat to clients health and safety4

561 Health and Safety Code Section 1508 imposed mandatory statutory

6 duties on defendant INTERIM not to operate establish manage or maintain

uncertified homes8

9 62 Health and Safety Code Section 1508 imposed mandatory statutory

10 duties on defendants administrators AZARIAH DOMINGUEZ and RAMTIIT not

11to operate establish manage or maintain uncertified family homes

12


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

15uncertified family homes

16


1 g duties on defendant directors F WILSON MALHOTRA and CHHUDU not to19

operate establish manage or maintain uncertified family homes20

21 65 Section 89240 a imposed mandatory statutory duties on defendants

22 administrators AZARIAH DOMINGUEZ and RAMNIT to deny an application for23

certification if it is determined the applicant is not in compliance with applicable24

25 laws and regulations

26

27

28

16COMPLAINT FORDAMAGE

166 Under Section 89242 a the Department shall have the authority to

2 suspend or revoke any license on any ofthe grounds specified in Health and Safety3

Code section 15504

5 67 Under Health and Safety Code section 1550 T he department may

6 deny an application for or suspend or revoke any license or any administrator

certificate issued under this chapter upon any of the following grounds and in the8

9 manner provided in this chapter for any of the following grounds a Violation by

10 the licensee of the rules and regulations promulgated under this chapter b

11Aiding abetting or permitting the violation of this chapter or of the rules and

12

13 regulations promulgated under this chapter c Conductwhich is inimical to the

14 health morals welfare or safety ofwither an individual in or receiving services15

from the facility or the people of the State of California Engaging in acts of16

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

1 g fraudulent appropriation for personal gain of facility moneys or property or19

willful or negligent failure to provide services20

21 68 Under Section 89361 a each caregiver shall furnish such reports to the

22 licensing approval agency and the child s authorized representative required by the23

24Department including but not limited to the following 3 Any unusual incident or

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

26 4 Any suspected physical or psychological abuse of any child d When there is a

27

28


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

2 agency 30 days prior to the move or as soon as the information is available3

69 Under Section 89372 each child shall have personal rights which4

5 include but are not limited to the following 1 To be accorded safe healthful and

6 comfortable home accommodations furnishings and equipment appropriate to

his her needs 2 To be treated with respect and to be fee from physical sexual8

9 emotional or other abuse 4 To be free from corporal or unusual punishment

10 infliction of pain humiliation intimidation ridicule coercion threat mental abuse

11or other actions of a punitive nature including but not limited to interference with

12

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

14clothing or aids of physical functioning 5 To receive adequate and healthy food

15

166 To be provided adequate clothing and personal items in accordance with Section

1 89372 C 3 B To possess and use his her own personal items including toiletries

1 g 8 To receive necessary medical dental vision and mental health services 10 To

19have social contacts with people outside of the foster care system such as teachers

20

21 church members mentors and friends in accordance with Section 89372 c 3 11

22 To contact family members unless prohibited by court order 16 To make and

23

24receive confidential phone calls and send and receive unopened mail unless

25 prohibited by court order 20 To attend school and participate in extracurricular

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

27

28


f

1developmental level that is consistent with state law 23 To be accorded dignity in

2 his her personal relationships with other persons in the home

370 Section 89376 a imposed mandatory statutory duties on certified

4

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

6 71 Section 89376 a imposed mandatory statutory duties on certified7

parents to ensure foster children have their meals with foster family members in a8

9 family setting

10 72 Section 89378 a imposed mandatory statutory duties on certified11

parents to provide care and supervision as necessary to meet each child s needs12

13 3 Section 89379 a imposed mandatory statutory duties on certified

14 parents to provide opportunity for and encourage participation in group sports15

leisure time family special school and daily living skills activities16

1 74 On 12 01 06 the Department of Social Services Department issued

1 g defendant INTERIM a license to operate a Foster Family Agency FFA to certify19

foster parents and their homes as meeting all licensing requirements to provide20

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

22 75 Prior to the issuance of defendant INTERIM s FFA license to certify23

family homes defendants issued defendants OATES and WILSON a Certificate of24

25 Approval on 11 16 06

26 76 OATES and WILSON lived with foster children INTERIM placed with

27

28them in Facility 1 located at 13945 Topmast Drive Helendale CA 92342


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

2 2 on 12547 Dulce Street Victorville Dulce with the dependent foster children

3under their care The Certificate of Approval Defendant INTERIM issued on 11 16

4

5 06 was void by the operation of law upon change of location under Title 22 Section

6 88030 e and Health and Safety Code Sections 1524 1503 57

78 On or about 6 07 defendant INTERIM placed plaintiffBUNN DOB8

9 July 23 1993 then 13 years old with defendants OATES and WILSON in Facility

10 2 on 12547 Dulce Street Victorville

1179 Defendant INTERIM knew or should have known defendants OATES

12

13 and WILSON violated plaintiff BUNN s personal rights enumerated in Sections

14 g9372 1 2 4 5 6 B 8 9 10 11 16 20 23 in Facility 2

15Dulce by but not limited to 1 forcing them to scrub walls floors vacuum and

16

1 sweep floors lift rugs move and replace furniture clean toilets kitchen and

1 g bathrooms nightly in violation of Section 89378 suffering extreme pain fatigue and19

severe sleep deprivation 2 not allowing them to eat the same food as defendants20

21 OATES and WILON in violation of Section 89376 3 not allowing them to eat at

22 the same table as defendants OATES and WILON in violation of Section 89376 4

23

24depriving them of adequate food in violation of Section 89276 causing a constant

25 state of hunger 5 prohibiting them from opening the refrigerator or entering the

26 food pantry in violation of Section 89376 6 barring them from court ordered27

28


1 contact with relatives in violation of Section 89379 and 7 forcing them to wear ill

2 fitting shoes causing permanent injuries3

80 Defendants OATES and WILSON breached mandatory statutory duties4

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

6 failing to report a change in location to defendant INTERIM7


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

10 Facility 2 Dulce

1182 Defendants OATES and WILSON breached mandatory statutory duties

12

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

14 and 89361 d by failing to obtain a Certificate of Approval on Facility 2 Dulce

1583 Defendant INTERIM provided no supervision over defendant OATES

16

1 and WILSON no site visit to Facility 2 Dulce little or no contact with plaintiffs

1 g putting plaintiffs at risk of foreseeable harm when they knew or should have19

known plaintiffs suffered ongoing abuse and neglect20

21 84 Defendant INTERIM s administrator defendant AZARIAH di not and

22 could not issue a Certificate of Approval on Facility 2 Dulce given defendants

23

24OATES and WILSON s violations of mandatory statutory duties as alleged in

25 paragraphs 80 82

26

27

28

21COMPLAINT FORDAM GES

185 Facility 2 Dulce was not a certified family home pursuant to

2 Sections 88001 c 3 88005 89201 1 2 89201 u 1 89201 u 1 C 3

389206 a and Health and Safety Code sections 1503 5 and 1508

4

5 86 Defendants OATES and WILSON were not certified parents who met

6 licensing requirements in uncertified Facility 2 pursuant to Sections 88001 c 4

88005 89201 1 2 89201 u 1 89201 u 1 C 3 89206 a Health and Safety8

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

10 g 7 Defendant INTERIM breach mandatory statutory duties imposed by11

Sections 88005 88030 b 80001 80005 89201 c 89205 89206 a 89231 a

12

13 Health and Safety Code Sections 1503 5 and 1508 by operating uncertified Facility

14 2 Dulce with no supervision over and little if any contact with plaintiffs putting15

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

1 plaintiffs suffered ongoing abuse and neglect

1 g 88 Defendants directors F WILSON MALHOTRA and CHHUDU

19breached mandatory statutory duties imposed by Health and Safety Code Section

20

21 1508 by operating uncertified Facility 2 Dulce with no supervision over and

22 little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm23

24when they knew or should have known plaintiffs suffered ongoing abuse and

25 neglect

26 89 Defendant administrator AZARIAH breached mandatory statutory27

28duties imposed by Health and Safety Code Section 1508 by operating uncertified


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

2 putting plaintiffs at risk of foreseeable harm when it knew or should have known3

plaintiffs suffered ongoing abuse and neglect4

5 90 Defendant CEO SINGH breached mandatory statutory duties imposed

6 by Health and Safety Code Section 1508 by operating uncertified Facility 2

7Dulce with no supervision and little if any contact with plaintiffs putting

8

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

10 suffered ongoing abuse and neglect

1191 Defendant INTERIM breached mandatory statutory duties imposed by

12

13 Sections 89206 d 89255 and Health and Safety Code Section 1547 by failing to

14 issue an immediate civil penalty against defendants OATES and WILSON on15

uncertified Facility 2 Dulce16

1 92 Defendant INTERIM breached mandatory statutory duties imposed by

1 g Section 86206 by failing to notify the CPS placement agency that plaintiffs were19

in uncertified Facility 2 in violation of Health and Safety Code Sections 1505 and20

21 1508 with no supervision and little if any contact with plaintiffs putting plaintiffs

22 at risk of foreseeable harm when it knew or should have known plaintiffs suffered23

24ongoing abuse and neglect

25 93 Defendant INTERIM s breach ofmandatory statutory duties imposed

26by Section 86206 by failing to notify CPS that defendants OATES and WILSON

27

28moved to an uncertified Facility 2 caused plaintiffs to remain in uncertified


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

2 immediate removal mandated by law with no supervision and little if any contact3

with plaintiffs putting plaintiffs at risk of foreseeable harm when it knew or should4

5 have known plaintiffs suffered ongoing abuse and neglect

6 94 Defendant INTERIM s breach of mandatory statutory duties imposed7

by Section 86206 j constituted inimical conduct that caused plaintiffs to remain in8

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

10 opposed to immediate removal as mandated by law with no supervision and little11

if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when it12

13 ew or should have known plaintiffs suffered ongoing abuse and neglect

14 95 Defendant INTERIM breached mandatory statutory duties imposed by15

Section 89205 holding uncertified defendants OATES and WILSON and uncertified16

1 Facility 2 out as certified to CPS causing plaintiffs to remain in uncertifiedFacility

1 g 2 in violation of Health and Safety Code section 1508 as opposed to immediate19

removal mandated by law with no supervision and little if any contact with20

21 plaintiffs putting plaintiffs at risk of foreseeable harm when it knew or should have22 known plaintiffs suffered ongoing abuse and neglect23

96 Defendant INTERIM s breach ofmandatory statutory duties imposed24

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

26uncertified Facility 2 Dulce as certified to CPS constituted a serious deficiency

27

28under Section 89201 s 1 causing plaintiffs to remain in uncertified Facility 2 in

24C MPLAINT FOR DAMAGES

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

2 mandated by law with no supervision and little if any contact with plaintiffs3

putting plaintiffs at risk of foreseeable harm when it knew or should have known4


6 97 Defendant INTERIM s breach of mandatory statutory duties imposed

by Section 89206 for failure to report defendants OATES and WILSON and8

9 Facility 2 Dulce were uncertified in violation ofHealth and Safety Code Section

10 1508 as opposed to immediate removal mandated by law with no supervision and11

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm12

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

14 98 Plaintiffs placement in uncertified Facility 2 Dulce in violation of

15Health and Safety Code Section 1508 was child abuse under Health and Safety Code

16

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

1 g reportable under Penal Code Section 11166 mandating plaintiffs immediate19

removal

20

21 99 Penal Code Section 11166 imposed mandatory statutory duties on

22 defendant INTERIM to report plaintiffs placement in uncertified Facility 2

23

24Dulce in violation of Health and Safety Code Section 1508 mandating plaintiffs

25 immediate removal

26 100 Defendant INTERIM s breach ofmandatory statutory duties imposed27

28by Penal Code Section 1166 for failure to report plaintiffs placement in uncertified


1 Facility 2 Dulce causing plaintiffs to remain in uncertified Facility 2 in violation

2 of Health and Safety Code Section 1508 as opposed to immediate removal3

mandated by law with no supervision and little if any contact with plaintiffs4

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


7101 Defendant INTERIM s breach of mandatory statutory duties imposed

8

9 by Penal Code Section 11166 for failure to report Facility 2 Dulce was

10 uncertified was a serious deficiency under section 89201 s 1 caused plaintiffs to

11remain in uncertified Facility 2 in violation of Health and Safety Code Section

12

13 1508 as opposed to immediate removal mandated by law with no supervision and


when it knew or should have known plaintiffs suffered ongoing abuse and neglect16


ig by Penal Code Section 1166 and Title 22 Sections 89205 86206 j 88661 c19

among others with no supervision and little if any contact aided abetted and20

21 permitted defendants OATES and WILSON s operation of uncertified Facility 2

22 Dulce in violation of Health and Safety Code Section 1508 as opposed to23

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

25 foreseeable harm when they knew or should have known plaintiffs suffered

26ongoing abuse and neglect

27

28


1 103 Defendant INTERIM engaged in acts of financial malfeasance based on

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

3Department of Social Services and San Bernardino Department of Social Services

4

5 for plaintiffs placement in uncertifiedby Facility 2 in violation of Health and

6 Safety Code Section 1508 unbeknownst to said government fudnign agencies as

opposed to immediate removal mandated by law with no supervision and little if8

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


11104 Defendants directors F WILSON MALHOTRA and CHHUDU

12

13 breached mandatory statutory duties imposed by Section 88063 c 2 by approving

14 and monitoring a budget based on payments from the U S Department of Health15

and Human Services California Department of Social Services and San Bernardino16

1 Department of Social Services for plaintiffs placement in uncertified Facility 2 in

1 g violation of Health and Safety Code Section 1508 unbeknownst to said government19

funding agencies with no supervision and little if any contact with plaintiffs20



105 Defendants directors F WILSON MALHOTRA and CHI UDU24

25 breached mandatory statutory duties imposed by Section 88063 c 3 by approving26 and monitoring a budget to cover operation costs based on payments from the U S27

28Department of Health and Human Services California Department of Social


1Services and San Bernardino Department of Social Services for plaintiffs

2 placement in uncertified Facility 2 in violation ofHealth and Safety Code Section3

1508 unbeknownst to said government funding agencies with no supervision and4

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

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


8

9 breached mandatory statutory duties imposed by Section 88063 c 3 by accessing

10 and maintaining defendant INTERIM s level of funding to cover operation costs11

based on payments from the U S Department of Health and Human Services12

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

14 Services for plaintiffs placement inuncertified Facility 2 in violation of Health

15and Safety Code Section 1508 unbeknownst to said government funding agencies

16

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

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

19abuse and neglect

20

21 107 Defendants directors F WILSON MALHOTRA and CHHUDU

22 breached mandatory statutory duties imposed by Section 80000 1 3 nad 88018 by23

24operating uncertified Facility 2 Dulce in violation of Health and Safety Code

25 Section 1508 unbeknownst to said government funding agencies with no

26 supervision and little if any contact with plaintiffs putting plaintiffs at risk of27

28


1foreseeable harm when it knew or should have known plaintiffs suffered ongoing

2 abuse and neglect

3108 Defendant SINGH engaged in acts of financial malfeasance based on

4

5payments form the U S Department of Health and Human Services California

6 Department of Social Services and San Bernardino Department of Social Services

for plaintiffs placement in uncertified Facility 2 in violation of Health and Safety8

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


foreseeable harm as opposed to immediate removal mandated by law when it knew12

13 or should have known plaintiffs suffered ongoing abuse and neglect

14 109 Defendants OATES and WILSON engaged in conduct inimical to

15

16plaintiffs health morals welfare and safety by operating uncertified Facility 2

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

1 g alleged governmental funding agencies19

110 Defendants OATES and WILSON engaged in acts of financialI 20

21 malfeasance based on payments for plaintiffs placement in uncertified Facility 2

22on pretext defendants OATES and WILSON and Facility 2 Dulce were certified

23111 Defendant INTERIM knew or should have known and defendant

24

25 WILSON observed defendant OATES and plaintiffs to either fight over foster

26 children or for plaintiffs to be beaten tortured by defendant forced to steal food or27

28go hungry forced to walk and run in competitions of her design while carrying large


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

2 glass of water toilet paper and toothpaste among other things demeaned and3

cursed plaintiffs forced plaintiffs to clean defendant s house several hours each4

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

6 embarrassment beat plaintiffs with belts shows and anything else defendant could

find effused to allow plaintiffs to wash clothes in defendant s machine in Facility8

9 2 forced plaintiffs to walk or ride a bike carrying plastic bags of clothes miles to

10 and from the Laundromat in all kinds of weather

11112 In or about 9 07 defendants OATES WILSON and plaintiffBLJNN

12

13 moved to location to facility 3 Pool

14 113 Defendants OATES and WILSON breached mandatory statutory duties15

imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d by16

1 failing to report a change in location to defendant INTERIM

1 g 114 Defendants OATES and WILSON breached mandatory statutory duties19

imposed by Section 89218 c by failing to submit an application for approval on20

21 Facility 3 Pool


24imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d

25 and 89361 d by failing to obtain a Certificate of Approval from defendant

26 AZARIAH on Facility 3 Pool

27

28

30COMPLAINT FOR D MAGES

1116 Defendant INTERIM s administrator defendant AZARIAH did not

2 and could not issue a Certificate ofApproval on Facility 3 Pool under Section

389240 a given defendants OATES and WILSON s licensing violations defendant

4

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

6 plaintiffs putting plaintiffs at risk offoreseeable harm as opposed to immediate

removal mandated by law when they knew or should have known plaintiffs8

9 suffered ongoing abuse and neglect

10 117 Facility 3 Pool was not a certified family home pursuant to Title 2211

Sections 88001 c 3 88005 89201 1 2 89201 u 1 89201 u 1 C 3

12

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

14 a foreseeable risk ofharm

15118 Defendants OATES and WILSON were not certified parents who met

16

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

1 g 88005 89201 1 2 89201 u 1 89201 u 1 C 3 89206 a Health and Safety19

Code sections 1503 5 and 1508 while defendant INTERIM provided no20

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

22 opposed to immediate removal mandated by law when it knew or should have23

24known plaintiffs suffered ongoing abuse and neglect

25 119 Defendant INTERIM breach mandatory statutory duties imposed by

26 Sections 88005 88030 b 80001 80005 89201 c 89205 89206 a 89231 a

27

28Health and Safety Code Sections 1503 5 and 1508 by operating uncertified Facility


1 3 Pool with no supervision over and little if any contact with plaintiffs putting

2 plaintiffs at risk of foreseeable harm when they knew or should have known3



6 breached mandatory statutory duties imposed by Health and Safety Code Section7

1508 by operating uncertified Facility 3 Pool with no supervision over and little8

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

10 they knew or should have known plaintiffs suffered ongoing abuse and neglect11

121 Defendant administrator AZARIAH breached mandatory statutory12

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

14 Facility 3 Pool with no supervision and little if any contact with plaintiffs15

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


1 g 122 Defendant CEO SINGH breached mandatory statutory duties imposed19

by Health and Safety Code Section 1508 by operating uncertified Facility 3 Pool20


22 of foreseeable harm when it knew or should have known plaintiffs suffered ongoing23

abuse and neglect

24


26 Sections 89206 d 89255 and Health and Safety Code Section 1547 by failing to27

28

32COMPLAINT FOR DAM GES

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

2 uncertified Facility 3 Pool


4

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

6 in uncertified Facility 3 in violation ofHealth and Safety Code Sections 1505 and7

1508 with no supervision and little if any contact with plaintiffs putting plaintiffs8

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

10 ongoing abuse and neglect

11125 Defendant INTERIM s breach of mandatory statutory duties imposed

12

13 by Section 86206 by failing to notify CPS that defendants OATES and WILSON

14 moved to an uncertified Facility 3 caused plaintiffs to remain in uncertified

15Facility 3 in violation ofHealth and Safety Code Section 1508 as opposed to

16

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

1 g with plaintiffs putting plaintiffs at risk of foreseeable harm when it knew or should19

have known plaintiffs suffered ongoing abuse and neglect20


22 by Section 86206 constituted inimical conduct that caused plaintiffs to remain in

23

24uncertified Facility 3 in violation ofHealth and Safety Code Section 1508 as

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

26 if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when it27

28knew or should have known plaintiffs suffered ongoing abuse and neglect



2 Section 89205 holding uncertified defendants OATES and WILSON and uncertified3

Facility 3 out as certified to CPS causing plaintiffs to remain in uncertified Facility4

5 3 in violation of Health and Safety Code section 1508 as opposed to immediate

6 removal mandated by law with no supervision and little if any contact with7

plaintiffs putting plaintiffs at risk of foreseeable harm when it knew or should have8

9 known plaintiffs suffered ongoing abuse and neglect


by Section 88061 c holding out uncertified defendants OATES and WILSON and12

13 uncertified Facility 3 Pool as certified to CPS constituted a serious deficiency

14 under Section 89201 s 1 causing plaintiffs to remain in uncertified Facility 3 in

15violation of Health and Safety Code Section 1508 as opposed to immediate removal

16

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

1 g putting plaintiffs at risk of foreseeable harm when it knew or should have known19

20plaintiffs suffered ongoing abuse and neglect


22 by Section 89206 for failure to report defendants OATES and WILSON and

23

24Facility 3 Pool were uncertified in violation ofHealth and Safety Code Section

25 1508 as opposed to immediate removal mandated by law with no supervision and


28when it knew or should have known plaintiffs suffered ongoing abuse and neglect


1130 Plaintiffs placement in uncertified Facility 3 Pool in violation of

2 Health and Safety Code Section 1508 was child abuse under Health and Safety Code3

Section 1531 5 c 3 and 4 and Welfare and Institutions Code Section 300 b4

5 reportable under Penal Code Section 11166 mandating plaintiffs immediate

6 removal


8

9 Penal Code Section 11166 by failing to report plaintiffs placement in uncertified

10 Facility 3 Pool in violation of Health and Safety Code Section 1508 causing11

plaintiffs to remain in uncertified facility 3 with no supervision and little if any12

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

14 removal mandated by law when it knew or should have known that plaintiffs15

suffered ongoing abuse and neglect16


1 g by Penal Code Section 11166 for failure to report Facility 3 Pool was uncertified

19was a serious deficiency under section 89201 s 1 caused plaintiffs to remain in

20

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

22 opposed to immediate removal mandated by law with no supervision and little if23

24any contact with plaintiffs putting plaintiffs at risk of foreseeable harm when it

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


28by Penal Code Section 11166 and Title 22 Sections 89205 86206 j 88661 c


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

2 permitted defendants OATES and WILSON s operation of uncertified Facility 3

3Pool in violation of Health and Safety Code Section 1508 as opposed to plaintiffs

4

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

6 when they knew or should have known plaintiffs suffered ongoing abuse and7

neglect

8

9 134 Defendant INTERIM engaged in acts of financial malfeasance based on



12

13 for plaintiffs placement in uncertified by Facility 3 in violation ofHealth and

14 Safety Code Section 1508 unbeknownst to said government funding agencies as15



1 g knew or should have known plaintiffs suffered ongoing abuse and neglect


20



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


26 violation of Health and Safety Code Section 1508 unbeknownst to said government27

28funding agencies with no supervision and little if any contact with plaintiffs





4


6 and monitoring a budget to cover operation costs based on payments from the U S7

Department of Health and Human Services California Department of Social8

9 Services and San Bernardino Department of Social Services for plaintiffs

10 placement in uncertified Facility 3 in violation of Health and Safety Code Section11


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

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


16


1 g and maintaining defendant INTERIM s level of funding to cover operation costs19

based on payments from the U S Department of Health and Human Services20


22 Services for plaintiffs placement in uncertified Facility 3 in violation of Health

23



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

27

28abuse and neglect


i

1138 Defendants directors F WILSON MALHOTRA and CHHLTDU

2 breached mandatory statutory duties imposed by Section 80000 1 3 and 88018 by

3operating uncertified Facility 3 Pool in violation of Health and Safety Code

4


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

foreseeable harm when it knew or should have known plaintiffs suffered ongoing8

9 abuse and neglect

10 139 Defendant SINGH engaged in acts of financial malfeasance based on

11payments form the U S Department of Health and Human Services California

12

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

14 for plaintiffs placement in uncertified Facility 3 in violation of Health and Safety

15Code Section 1508 unbeknownst to said government funding agencies with no

16


1 g foreseeable harm as opposed to immediate removal mandated by law when it knew19

or should have known plaintiffs suffered ongoing abuse and neglect20


22 plaintiffs health morals welfare and safety by operating uncertified Facility 3

23

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

25 alleged governmental funding agencies

26

27

28

3 8COMPLAINT FOR DAMAGES

i

1141 Defendants OATES and WILSON engaged in acts of financial


3on pretext defendants OATES and WILSON and Facility 3 Pool were certified

4

5 142 In or about 11 20 07 defendants OATES WILSON and plaintiff

6 BLTNN moved to Facility 4 on 14594 Woodworth Way Victorville California7



10 failing to report a change in location to defendant INTERIM11



14 Facility 4 Woodworth

15145 The identical factual scenario in 76 111 with regard to uncertified

16

17 Facility 2 Dulce and 112 141 with regard to uncertified Facility 3 Pool

1 g repeated with regard to uncertified Facility 4 Woodworth Defendant INTERIM s

19administrator defendant AZARIAH did not and could not issue a Certificate of

20

21 Approval on Facility 4 Woodworth under Section 89240 a given defendants

22 OATES and WILSON were not in compliance with licensing regulations defendant23

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

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

26 by law knowing or should know plaintiffs suffered ongoing abuse and neglect27

28


1146 Defendant INTERIM engaged in acts of financial malfeasance based on



4

5 for plaintiffs placement in uncertified by Facility 4 in violation of Health and

6 Safety Code Section 1508 unbeknownst to said government funding agencies as




11147 Defendant SINGH continued to engage in acts of financial malfeasance

12

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

14 California Department of Social Services and San Bernardino Department of Social15

Services for plaintiffs placement in uncertified Facility 4 in violation ofHealth16

17 and Safety Code Section 1508 unbeknownst to said government funding agencies

1 g with no supervision and little if any contact with plaintiffs putting plaintiffs at risk19

of foreseeable harm as opposed to immediate removal mandated by law when it20



23breached mandatory statutory duties imposed by Section 88063 c 2 by approving

24

25 and monitoring a budget based on payments from the U S Department of Health26 and Human Services California Department of Social Services and San Bernardino27

28Department of Social Services for plaintiffs placement in uncertified Facility 4 in


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

2 funding agencies with no supervision and little if any contact with plaintiffs3

putting plaintiffs at risk of foreseeable harm when it knew or should have known4



breached mandatory statutory duties imposed by Section 88063 c 3 by approving8

9 and monitoring a budget to cover operation costs based on payments from the U S10 Department of Health and Human Services California Department of Social

11Services and San Bernardino Department of Social Services for plaintiffs

12

13 Placement in uncertified Facility 4 in violation of Health and Safety Code Section

14 1508 unbeknownst to said government funding agencies with no supervision and15

little if any contact with plaintiffs putting plaintiffs at risk of foreseeable harm16


1 g 150 Defendants directors F WILSON MALHOTRA and CHHUDU

19breached mandatory statutory duties imposed by Section 88063 c 3 by accessing

20

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

22 based on payments from the U S Department of Health and Human Services23

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


26 and Safety Code Section 1508 unbeknownst to said government funding agencies27

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


1of foreseeable harm when it knew or should have known plaintiffs suffered ongoing

2 abuse and neglect


4

5breached mandatory statutory duties imposed by Section 80000 1 3 and 88018 by

6 operating uncertified Facility 4 Woodworth in violation of Health and Safety

7Code Section 1508 unbeknownst to said government funding agencies with no

8


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

11abuse and neglect

12



15

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

1 above alleged governmental funding agencies

1 g 153 Defendants OATES and WILSON engaged in acts of financial

19malfeasance based on payments for plaintiffs placement in uncertified Facility 4

20

21 on pretext defendants OATES and WILSON and Facility 4 Woodworth were

22certified

23154 On 11 11 07 unlawful detainer Case No UDVS 701833 was filed

24

25 against defendants OATES and WILSON for nonpayment of rent 3 534 96 on

26Facility 1 13945 Topmast Drive Helendale California 92342

27

28


1 155 On 11 11 07 plaintiffs and defendants OATES and WILSON resided in

2 uncertified facility 4 Woodworth

3156 On 12 04 07 defendants OATES and WILSON were evicted from

4

5 Facility 1 by court order Case No UDVS701833

6 157 Defendants OATES and WILSON s eviction from Facility 1 while

7also residing in uncertified Facility 4 Woodworth was an unusual incident

8

9 reportable under Section 88061

10 158 Defendants INTERIM breached mandatory statutory duties imposed by11

Section 88061 by failing to report defendants OATES and WILSON s eviction from12

13 Facility 1 on 12 04 07

14 159 On 2 1 08 unlawful detainer Case No UDVS800320 was filed against

15defendants OATES and WILSON for nonpayment of rent 4 870 00 on uncertified

16

1 Facility 4 Woodworth

1 g 160 On 2 20 08 defendants OATES WILSON and plaintiffs were evicted

19from uncertified Facility 4 Woodworth Case No UDVS800320 for nonpayment

20

21 of rent 4 870 00 unbeknownst to the alleged governmental agencies due to

22 financial malfeasance of defendants INTERIM defendant directors F WILSON

23

24MALHOTRA CHHUDU defendant CEO SINGH defendant administrator

25 AZARIAH and defendants OATES and WILSON

26 161 Plaintiffs eviction from uncertified Facility 4 Woodworth for

27

28nonpayment of rent was child abuse under Health and Safety Code Section


1 1531 5 c 3 4 and Welfare and Institutions Code Section 300 b reportable under

2 Penal Code Section 11166


4

5 Penal Code Section 11166 by failing to report plaintiffs eviction from Facility 4

6 Woodworth


8

9 Penal Code Section 11166 by failing to report plaintiffs placement in uncertified

10 Facility 4 Woodworth in violation of Health and Safety Code Section 150811

causing plaintiffs to remain in uncertified Facility 4 with no supervision and little12

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

14 removal mandated by law when it knew or should have known that plaintiffs15


1 164 Plaintiffs and defendants eviction from unauthorized uncertified

1 g Facility 4 Woodworth due to financial malfeasance of defendants INTERIM

19defendant directors F WILSON MALHOTRA CHHUDU defendant CEO

20

21 SINGH defendant administrator AZARIAH and defendants OATES and WILSON

22 constituted an unusual incident under Section 88061 4 and a serious deficiency23

under Section 89201 s 124


26 by Section 88061 4 by failing to report to the Department that plaintiffs were27

28evicted from uncertified Facility 4 Woodworth


1 166 Defendant INTERIM s breach ofmandatory statutory duties imposed

2 by Section 88061 by failing to report plaintiffs eviction from uncertified Facility 4

3Woodworth was a serious deficiency under Section 89201 s 1 that caused

4

5 plaintiffs to remain in the custody ofuncertified defendants OATES and WILSON

6 in violation ofHealth and Safety Code section 1508 and to remain in uncertified

Facility 4 also in violation of Health and Safety Code Section 1508 with no8


10 foreseeable harm as opposed to immediate removal mandated by law when it knew11

or should have known plaintiffs suffered ongoing abuse and neglect12

13 167 On 3 1 08 plaintiff BUNN and defendants OATES and WILSON

14 moved to Facility 5 on 13547 Silversand Street Victorville


16

17 imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d by1 g failing to report a change in location to defendant INTERIM19



22 Facility 5 Silversand


24

25 Facility 2 Dulce 112 141 with regard to uncertified Facility 3 Pool 142

26 158 with regard to uncertified Facility 4 Woodworth repeated with regard to

27

28uncertified Facility 5 Silversand Defendant INTERIM s administrator defendant


1AZARIAH did not and could not issue a Certificate of Approval on Facility 5

2 Silversand under Section 89240 a given defendants OATES and WILSON were

3not in compliance with licensing regulations defendant INTERIM made no site

4

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

6 foreseeable harm as opposed to immediate removal mandated by law knowing or

should know plaintiffs suffered ongoing abuse and neglect8

9 171 Defendant INTERIM continued to engage in acts of financial

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

11Services California Department of Social Services and San Bernardino Department

12

13 of Social Services for plaintiffs placement in uncertified by Facility 5 in violation

14 ofHealth and Safety Code Section 1508 unbeknownst to said government funding15

agencies as opposed to immediate removal mandated by law with no supervision16

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

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

19neglect

20

21 172 Defendant SINGH continued to engage in acts of financial malfeasance

22 based on payments form the U S Department ofHealth and Human Services23




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


1of foreseeable harm as opposed to immediate removal mandated by law when it



4


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




funding agencies with no supervision and little if any contact with plaintiffs12

13 Putting plaintiffs at risk of foreseeable harm when it knew or should have known14 plaintiffs suffered ongoing abuse and neglect


16


1 g and monitoring a budget to cover operation costs based on payments from the U S19



22placement in uncertified Facility 5 in violation of Health and Safety Code Section

231508 unbeknownst to said government funding agencies with no supervision and

24



27

28



2 breached mandatory statutory duties imposed by Section 88063 c 3 by accessing3

and maintaining defendant INTERIM s level of funding to cover operation costs4

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


7Services for plaintiffs placement in uncertified Facility 5 in violation of Health

8

9 and Safety Code Section 1508 unbeknownst to said government funding agencies

10 With no supervision and little if any contact with plaintiffs putting plaintiffs at risk11

of foreseeable harm when it knew or should have known plaintiffs suffered ongoing12

13 abuse and neglect


15breached mandatory statutory duties imposed by Section 80000 1 3 and 88018 by

16

1 operating uncertified Facility 5 Silversand in violation of Health and Safety Code

1 g Section 1508 unbeknownst to said government funding agencies with no19

supervision and little if any contact with plaintiffs putting plaintiffs at risk of20



23177 Defendants OATES and WILSON engaged in conduct inimical to

24


26Silversand in violation of Health and Safety Code Section 1508 unbeknownst to

27

28above alleged governmental funding agencies


1 178 Defendants OATES and WILSON engaged in acts of financial


3on pretext defendants OATES and WILSON and Facility 5 Silversand were

4

5 certified

6 179 On 8 25 09 defendants OATES WILSON and plaintiffs were evicted

from uncertified Facility 5 Silversand for nonpayment of rent for six months8

9 8 400 00 Case No UDVS902368

10 180 San Bernardino Sheriffs locked plaintiffs and defendants OATES and

11WILSON our of uncertified Facility 5 Silversand exercising a Writ of Possession

12

13 Permitting plaintiffs five minutes to retrieve few if any personal belongings carried

14 away in plastic bags15

181 Defendants OATES WILSON and dependent foster children were16

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

1 g 182 Defendants OATES WILSON and plaintiffs eviction from uncertified

19Facility 5 followed by five months ofhomelessness was due to financial

20

21 malfeasance of all defendants

22 183 Plaintiffs eviction from uncertified Facility 5 for nonpayment and

23homelessness for five months was child abuse under Health and Safety Code

24

25 Section 1531 5 c and Welfare and Institutions Code Section 300 b reportable

26 under Penal Code Section 11166

27

28

49COMPLAINT FOR DAMA ES


2 Penal Code Section 11166 by failing to report plaintiffs eviction from uncertified3

Facility 5 and homelessness which caused plaintiffs to remain homeless in the4

5 custody of homeless uncertified defendants OATES and WILSON with no

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

opposed to immediate removal mandated by law knowing or should know8



by Penal Code Section 11166 by failing to report plaintiffs eviction from12

13 uncertified Facility 5 and homelessness were serious deficiencies under Section

14 g9201 s 1 causing plaintiffs to remain homeless in the custody of homeless15

uncertified defendants OATES and WILSON with no supervision and little if any16

1 contact putting plaintiffs at risk offoreseeable harm as opposed to immediate

1 g removal mandated by law when it knew or should have known plaintiffs suffered19

ongoing abuse and neglect20

21 186 Plaintiffs and defendants OATES and WILSON s eviction from

22uncertified Facility 5 and homelessness was due to the financial malfeasance of

23

24defendants INTERIM defendant directors F WILSON MALHOTRA and

25 CHHUDU defendant CEO SINGH defendant AZARIAH and defendants OATES

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

27

28deficiency under Section 89201 s 1

50COMPLAINT FORD MAGES


2 Section 88061 4 by failing to report the eviction from uncertified home 5 and

3homelessness and the no supervision and little if any contact causing foster

4

5 children to remain homeless with uncertified homeless defendants OATES and

6 WILSON in violation ofHealth and Safety Code Section 1508 unbeknownst to said7

government funding agencies as opposed to immediate removal mandated by law8



by Section 88061 by failure to report plaintiffs eviction and the homelessness of12

13 foster children was a serious deficiency under Section 89201 s 1 that caused

14 foster children to remain homeless with uncertified homeless defendants OATES

15and WILSON in violation of Health and Safety Code Section 1508 with no

16

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

1 g opposed to immediate removal mandated by law when it knew or should have19

known plaintiffs suffered ongoing abuse and neglect20


22 by Section 89206 by failing to notify CPS ofplaintiffs eviction and the23

homelessness of foster children constituted a serious deficiency under Section24

25 89201 s 1 that caused plaintiffs to remain homeless in the custody of uncertified

26 homeless defendants OATES and WILSON in violation of Health and Safety Code27

28Section 1508 with no supervision and little if any contact putting plaintiffs at risk


1of foreseeable harm as opposed to immediate removal mandated by law when it


3190 At some point between defendant OATES and WILSON moved from

4

5 Facility 5 and 6 plaintiff BUNN was transferred to another foster home This was

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

WILSON and defendant INTERIM8

9 191 On 1 1 lOdefendants OATES and WILSON moved to Facility 6 on

10 13141 Snowview Road Victorville

11192 On or about January 2010 defendant INTERIM placed plaintiff A R

12

13 DOB August 1 1999 then age 10 with defendants OATES and WILSON in

14 Facility 6located at 13141 Snowview Road Victorville

15193 Defendant INTERIM knew or should have known defendants OATES

16

1 and WILSON violated plaintiff BLJNN s personal rights enumerated in Sections

18 89372 1 2 4 5 6 B 8 9 10 11 16 20 23 in Facility 6

19

20Snowview by but not limited to 1 forcing them to scrub walls floors vacuum

21 and sweep floors lift rugs move and replace furniture clean toilets kitchen and

22 bathrooms nightly in violation of Section 89378 suffering extreme pain fatigue and23

24severe sleep deprivation 2 not allowing them to eat the same food as defendants

25 OATES and WILON in violation of Section 89376 3 not allowing them to eat at

26 the same table as defendants OATES and WILON in violation of Section 89376 4

27

28depriving them of adequate food in violation of Section 89276 causing a constant


1state of hunger 5 prohibiting them from opening the refrigerator or entering the

2 food pantry in violation of Section 89376 6 barring them from court ordered3

contact with relatives in violation of Section 893794



failing to report a change in location to defendant INTERIM8

9 195 Defendants OATES and WILSON breached mandatory statutory duties

10 imposed by Section 89218 c by failing to submit an application for approval on11

Facility 6 Silversand12

13 196 The identical factual scenario in 76 111 with regard to uncertified


15158 with regard to uncertified Facility 4 Woodworth 168 186 with regard to

16

1 uncertified Facility 5 Silversand repeated with regard to uncertified Facility 6

1 g Snowview Defendant INTERIM s administrator defendant AZARIAH did not

19and could not issue a Certificate of Approval on Facility 6 Snowview under

20

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

22 with licensing regulations defendant INTERIM made no site visit provided no23

24supervision little if any contact putting plaintiffs at a risk of foreseeable harm as

25 opposed to immediate removal mandated by law knowing or should know


27

28



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


4


6 of Health and Safety Code Section 1508 unbeknownst to said government funding7

agencies as opposed to immediate removal mandated by law with no supervision8


10 harm when it knew or should have known plaintiffs suffered ongoing abuse and11

neglect

12




16


1 g and Safety Code Section 1508 unbeknownst to said government funding agencies19

with no supervision and little if any contact with plaintiffs putting plaintiffs at risk20

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

22 knew or should have known plaintiffs suffered ongoing abuse and neglect23

199 Defendants directors F WILSON MALHOTRA and CHHUDU24



28and Human Services California Department of Social Services and San Bernardino

54COMPLAINT FOR DAMAGE

II

1Department of Social Services for plaintiffs placement in uncertified Facility 6 in

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


4




8





14 placement in uncertified Facility 6 in violation of Health and Safety Code Section15



1 g when it knew or should have known plaintiffs suffered ongoing abuse and neglect19

201 Defendants directors F WILSON MALHOTRA and CHHUDU20


22 and maintaining defendant INTERIM s level of funding to cover operation costs23

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

25 California Department ofSocial Services and San Bernardino Department of Social


27


55COMPLAINT FORD MAGES


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

3abuse and neglect

4


6 breached mandatory statutory duties imposed by Section 80000 1 3 and 88018 by

operating uncertified Facility 6 Snowview in violation of Health and Safety Code8



foreseeable harm when it knew or should have known plaintiffs suffered ongoing12



15

16plaintiffs health morals welfare and safety by operating uncertified Facility 6

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

1 g above alleged governmental funding agencies19

204 Defendants OATES and WILSON engaged in acts of financial20


22 on pretext defendants OATES and WILSON and Facility 6 Snowview were

23certified

24

25 205 In or about 12 10 defendant DOMINGUEZ came on board as

26 defendant INTERIM s administrator

27

28

56C MPLAINT FORDAMAGES

i

1206 Defendant DOMINGUEZ continued to operate uncertified Facility 6

2 Snowview as certified in breach of mandatory duties imposed by Health and3

Safety Code Section 1508 unbeknownst to said governmental funding agencies4

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

6 of foreseeable harm as opposed to immediate removal mandated by law when

defendant knew or should have known plaintiffs suffered ongoing abuse and8

9 neglect

10 207 On 12 8 10 unlawful detainer Case No UDVS1004160 was filed

11against defendants OATES and WILSON on uncertified Facility 6 Snowview

12

13 208 On 2 23 11 defendants OATES WILSON and plaintiffs were evicted

14 from uncertified Facility 6 Snowview by court order No UDVS 100416015

unbeknownst to governmental funding agencies alleged herein16

1 209 Defendants OATES and WILSON s and plaintiffs eviction for

1 g nonpayment of rent was due to financial malfeasance of defendants INTERIM

19directors F WILSON MALHOTRA CCHUDU CEO SINGH and administrator

20

21 DOMINGUEZ alleged hereinabove with particularity


Penal Code Section 11166 by failing to report defendants eviction from uncertified24

25 Facility 6 and homelessness which caused defendants OATES WILSON and

26 foster children to remain homeless in the custody of homeless uncertified defendants27

28OATES and WILSON with no supervision and little if any contact putting


1plaintiffs at risk of foreseeable harm as opposed to immediate removal mandated by

2 law knowing or should know plaintiffs suffered ongoing abuse and neglect3

211 Defendant INTERIM s breach of mandatory statutory duties imposed4

5 by Penal Code Section 11166 by failing to report plaintiffs eviction from6 uncertified Facility 6 was a serious deficiency under Section 89201 s 1 causing

7plaintiffs to remain homeless in the custody of homeless uncertified defendants

8

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

10 plaintiffs at risk of foreseeable harm as opposed to immediate removal mandated by11

law when it knew or should have known plaintiffs suffered ongoing abuse and12

13 neglect

14 212 Plaintiffs and defendants OATES and WILSON s eviction from

15uncertified Facility 6 was due to the financial malfeasance of defendants

16

1 INTERIM defendant directors F WILSON MALHOTRA and CHHLTDU

1 g defendant CEO SINGH defendant DOMINGUEZ and defendants OATES and19

WILSON constituted an unusual incident under Section 88061 4 and a serious20

21 deficiency under Section 89201 s 1


24Section 88061 4 by failing to report defendants eviction and that of foster children

25 from uncertified home 6


28by Section 88061 by failure to report the eviction and homelessness of defendants


1 and foster children was a serious deficiency under Section 89201 s 1 that caused

2 plaintiffs to remain homeless with uncertified homeless defendants OATES and

3WILSON in violation of Health and Safety Code Section 1508 with no supervision

4

5 and little if any contact putting plaintiffs at risk of foreseeable harm as opposed to

6 immediate removal mandated by law when it knew or should have known plaintiffs7



10 by Section 89206 by failing to notify CPS ofplaintiffs eviction and homelessness11

constituted a serious deficiency under Section 89201 s 1 that caused plaintiffs to

12

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

14 Safety Code Section 1508 with no supervision and little if any contact putting15

16plaintiffs at risk of foreseeable harm as opposed to immediate removal mandated by

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

1 g neglect

19216 In 3 11 plaintiffA R and defendants OATES and WILSON moved to

20

21 Facility 7 on Bluegrass in Victorville


24imposed by Health and Safety Code Section 1534 and Title 22 Sections 89234 d by

25 failing to report a change in location to defendant INTERIM

26

27

28



2 imposed by Section 89218 c by failing to submit an application for approval on3

Facility 7 Bluegrass4



7158 with regard to uncertified Facility 4 Woodworth 168 186 with regard to

8

9 uncertified Facility 5 Silversand 186 212 with regard to uncertified Facility

10 6 Snowview and repeated with regard to uncertified Facility 7 Bluegrass

11Defendant INTERIM s administrator defendant DOMINGLJEZ did not and could

12

13 not issue a Certificate of Approval on Facility 7 Bluegrass under Section

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

15licensing regulations defendant INTERIM made no site visit provided no

16

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

1 g opposed to immediate removal mandated by law knowing or should know19



22 malfeasance based on payments from the U S Department ofHealth and Human

23



26 ofHealth and Safety Code Section 1508 unbeknownst to said government funding27

28agencies as opposed to immediate removal mandated by law with no supervision



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

3neglect

4



California Department of Social Services and San Bernardino Department of Social8



with no supervision and little if any contact with plaintiffs putting plaintiffs at risk12

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


15222 Defendants directors F WILSON MALHOTR A and CHH JDU

16


1 g and monitoring a budget based on payments from the U S Department of Health19







28





5Department of Health and Human Services California Department of Social


7placement in uncertified Facility 7 in violation of Health and Safety Code Section

8

9 1508 unbeknownst to said government funding agencies with no supervision and

10 little ifany contact with plaintiffs putting plaintiffs at risk of foreseeable harm11

when it knew or should have known plaintiffs suffered ongoing abuse and neglect12



15and maintaining defendant INTERIM s level of funding to cover operation costs

16

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

1 g California Department of Social Services and San Bernardino Department of Social19

Services for plaintiffs placement in uncertified Facility 7 in violation of Health20

21 and Safety Code Section 1508 unbeknownst to said government funding agencies22 with no supervision and little if any contact with plaintiffs putting plaintiffs at risk23

of foreseeable harm when it knew or should have known plaintiffs suffered ongoing24


26 225 Defendants directors F WILSON MALHOTRA and CHHUDU27

breached mandatory statutory duties imposed by Section 80000 1 3 and 88018 by28


1 operating uncertified Facility 7 Bluegrass in violation ofHealth and Safety Code


3uttin laintiffs at risk ofsupervision and little if any contact with plaintiffs p g p

4


6 abuse and neglect

7226 Defendants OATES and WILSON continued to engage in conduct

8

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

10 uncertified Facility 7 Bluegrass in violation ofHealth and Safety Code Section11

1508 unbeknownst to above alleged governmental funding agencies12

13 22 Defendants OATES and WILSON engaged in acts of financial


15on pretext defendants OATES and WILSON and Facility 7 Bluegrass were

16

1 certified

1 g 228 On 3 4 1 l the state licensed defendant OATES to operate a family19

child care home at the same location as uncertified Facility 7 Bluegrass

20

21 apparently unaware defendant was uncertified and operated at least six uncertified

22 homes since 6 07 with four evictions and five months of homelessness due to23

defendants financial malfeasance alleged above with particularity24

25 229 In or about 10 18 1 l defendant P AMNIT came on board as defendant

26 INTERIM s administrator

27

28


1230 Defendant RAMNIT continued to hold out uncertified defendants

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

3statutory duties imposed by Section 89250 to procure and maintain placements for

4

5uncertified Facility 7 Bluegrass in violation of Health and Safety code Section

6 1508 unbeknownst to said governmental funding agencies

7231 Defendant RA T continued to operate uncertified Facility 7

8

9 Bluegrass as certified in breach of mandatory duties imposed by Health and Safety

10 Code Section 1508 unbeknownst to said governmental funding agencies alleged11

herein with no supervision and little if any contact putting plaintiffs at risk of12

13 foreseeable harm as opposed to immediate removal mandated by law when

14 defendant knew or should have known plaintiffs suffered ongoing abuse and

15neglect

16

17 232 On 1 20 12 defendant administrator P AMNIT issued defendant

1 g WILSON a Certificate ofApproval to operate a certified family home located at a19

different location than uncertified Facility 7 Bluegrass20

21 233 Defendant P AMNIT thereby breached mandatory statutory duties

22 imposed by Section 89240 a namely defendant WILSON was in noncompliance23

24with applicable licensing regulation since 6 07 operated six uncertified facilities for

25 a period of five years including numerous evictions for nonpayment of rent and

26 homelessness due to financial malfeasance

27

28


1234 On 10 3 12 defendant INTERIM revoked defendants OATES and

2 WILSON S Certificate of Approval on Facility 1 issued on 11 16 06

3235 On 6 25 13 the California Department of Social Services Department

4

5 filed and served ACCUSATION CDSS No 6712269202 against defendants OATES

6 and WILSON to revoke the Certificate of Approval defendant INTERIM issued on7

11 16 06 on Facility 1 purportedly located on Bluegrass8

9 236 According to the ACCUSATION defendant INTERIM issued

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

1110 3 12 whereas defendant OATES lived in 8 different locations between 11 16 06

12

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

14 foster children

15237 Unbeknownst to the Department Facility 1 was not located on

16

1 Bluegrass Facility 1 was located on 1394 Topmast Drive Helendale California

1 g 92342 defendants OATES and WILSON were evicted from Facility 1 Topmast

19on 12 4 07 UDVS701833 defendants OATES and WILSON did not reside on

20

21 Bluegrass until 2011

22 238 ACCUSATION CDSS No 6712269202 petitioned to Rescind

23Previous Criminal Record Exemption of defendant WILSON

24

25 239 ACCUSATION CDSS No 6712269202 alleged Conduct inimical

26under Health and Safety Code section 1558 a On or about April 16 2012

27defendant WILSON forcible and against her will grabbed Raquel Estes arm

28


1pushed her against a wall and pinned her arms above her head and committed a

2 battery upon her with sexual intent Additionally defendant WILSON made a3

statement to the effect that he was going to cemmit a forcible sex act upon her4

5 person making Estes fearful that she was going to be raped

6 240 ACCUSATION CDSS No 6712269202 alleged Physical

7abuse personal rights violations under Health and Safety Code sections 1534 b

8

9 1558 a 1596 885 Among the allegations of abuse are 18 Between and on or

10 about November 16 2006 to October 12 2012 defendant Wilson struck three foster11

children Other allegations include OATES slamming children to the ground12

13 choking them dragging them upstairs hitting to the point of causing bleeding

14 beating with a belt and bat stabbing with a spoon handle making the children squat15

and or run while holding heavy objects as a form of discipline16

1 241 ACCUSATION CDSS No 6712269202 alleged Reporting

1 g Requirements Health and Safety Code Sections 1534 b and 1558 a Regulation

19section 89361 a On several occasions during the period from in or about 2011

20

21 through in or about March 2012 defendant Wilson failed to report incidents of

22 physical abuse or corporal punishment that he witnessed or had been informed of23

24To wit seeing defendant Oates strike foster children being told defendant Oates had

25 struck a foster child

26 242 In addition to the findings in the ACCUSATION defendants OATES27

and WILSON assaulted battered and terrorized plaintiffs forced plaintiffs to fight28


1other foster children or be beat by defendant OATES not allowed to eat the same

2 food as defendants OATES and WILSON s family not allowed to eat at the same

3table as defendants OATES and WILSON deprived of adequate food prohibited

4

5 from opening the refrigerator or entering the food pantry forced to steal food or go

6 hungry forced to run away to try and contact family members7

243 In addition defendants OATES and WILSON forced plaintiffs to ask8

9 defendant for a glass of water toilet paper sanitary napkins toothpaste demeaned

10 and cursed plaintiffs forced plaintiffs to scrub walls floors vacuum and sweep11

floors lift rugs move and replace furniture clean toilets kitchen and bathrooms12

13 nightly several hours in the early morning before school suffered sleep deprivation14 forced plaintiffs to wear used clothes took plaintiffs personal possession beat15

plaintiffs with belts shoes anything defendant OATES could find refused to allow16

1 plaintiffs to wash clothes in defendants washing machine forced plaintiffs to walk

1 g or ride one bike to wash their clothes hit in the face causing bleeding slammed to19

the ground dragged down stairs beat with belts forced to run around the block for20

21 hours carrying heavy milk gallons filled with water

22 244 In addition defendants OATES and WILSON forced plaintiffs to23

witness the abuse and terror of each other and all the other children in the facility24

25 245 The ACCUSATION further alleged Rescission of Previous Criminal

26 Record Exemption and Lack of Good character Health and Safety Code Section27

1522 and 1558 a 2 Regulation Section 89319 defendant WILSON violated the28


1conditions of the previous criminal record exemption in that he failed to comply

2 with licensing laws or regulations failed to continue to demonstrate good character3

engaged in conduct inimical as alleged in paragraphs 17 18 19 and 25 above4

5 246 On August 29 2013 the Department issued a default decision against

6 defendant WILSON finding the factual allegations in the ACCUSATION to be true

correct and constitute violations of the Health and Safety Code Sections 15228

9 1534 b and 1558 a and California Code of Regulations Title 22 Sections 89319

10 g9361 and 89372 and grounds under Health and Safety Code section 1522 to11

rescind defendant WILSON s previously granted criminal exemption12

13 247 The Department s duly served Default Decision informed defendant

14 LSON of the right to request the decision be vacated within seven days after the15

Department mailed the default decision and order to defendant WILSON and the16

1 procedure to said request

1 g 248 In or about January 2014 the Department issued a default decision19

against defendant OATES finding the factual allegations in the ACCUSATION to20

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

22 1522 1534 b and 1558 a and California Code ofRegulations Title 22 Sections23

2489319 893 61 and 893 72

25 249 The Department s duly served Default Decision informed defendant

26 OATES of the right to request the decision be vacated within seven days after the27

28


1Department mailed the default decision and order to defendant WILSON and the

2 procedure to said request

3250 Defendants OATES and WILSON did not request the default decisions

4

5to be vacated

6 251 Defendant INTERIM maintained little if any contact with plaintiffs

7providing no supervision over plaintiffs care in multiple uncertified community

8

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

10 252 As a direct result of above alleged acts and omissions plaintiffs

11suffered severed physical and mental abuse trauma humiliation intimidation

12

13 threats embarrassment and shame deprivation of liberty and freedom and

14 substantial hurt and injury to plaintiffs health strength activity and substantial15

enduring shock and injury to plaintiffs nervous system mental anguish depression16

1 anxiety inability to sleep loss of focus and concentration confusion anger

1 g indignity nervousness hopelessness shame fear panic and desperation all of19

which injuries caused and continue to cause plaintiffs severe mental pain and20

21 suffering for which defendants are liable22 253 Plaintiffs are informed believe and thereupon allege that said injuries23

will result in some permanent disability and general damages in an amount which24

25 will be stated according to proof pursuant to California Code of Civil Procedure26 Section 425 10 which amount is in excess of twenty five thousand dollars 25 000

27

28

69OMPLAINTFOR DAMAGES

Documents

Scanned Document Coversheet - archive.vvdailypress.comarchive.vvdailypress.com/files/2014/INTERIM_LAWSUIT.pdf · TERIM CARE FOSTER FAMILY 4 CONSPIRACY 16 AGENCY a California Corporation