Narconon Victims -> Three New Complaints available

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Narconon Victims->NarCONon discussion topics->Court Documents

Thr ee N ew Co m pl ai n ts a va i la b le , N ew p or t Be a ch a n d W a rne r S pr in gs
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Xenubarb

Posted: Jan 22 2008, 01:49 PM

Narconon Warner Springs 1 June 13, 2006 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION >IN053391
Administrator

Plaintiff: MELINDA MARTIN Defendants: NARCONON SOUTHERN CALIFORNIA dba NARCONON SAN DIEGO, dba NARCONON WARNER SPRINGS; and DOES 1 through 10 inclusive Complaint for 1. Recision based on Fraud; 2. Recision based on Negligent Misrepresentation 3. Recision based on Mistake; 4. Money Had and Received -------------------------------------------------------------------GENERAL ALLEGATIONS 6. Plaintiff is informed and believes that Narconon is an organization conducting business as a narcotics abuse recovery program. Plaintiff is further informed and believes and thereon alleges that, Defendant is run by or associated with the Church of Scientology. 7. In or about February 2006, Plaintiff contacted Narconon by phone regarding the placement of her 25 year old son, Brian Martin, in Narconon's in-patient narcotics abuse recovery program. 8. At the time Plaintiff contacted Narconon, she believed that she was contacting the organization, "Narcotics Anonymous." At the time Plaintiff did not know that Narconon was run by or associated with the Church of Scientology. 9. Further, during her telephone conversations with a representative of

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the organization, it was never disclosed to Plaintiff that Narconon was affiliated with the Church of Scientology. 10. Plaintiff obtained Narconon's phone number during an internet search for "meth rehab" which directed her to Narconon's website. 11. The only reason Plaintiff contacted Narconon was that the name "Narconon" is deceptively siilar to "NarcAnon," which is the shortened name of Narcotics Anonymous. 12. During her initial conversation with Narconon's representative, Plaintiff was advised that the cost o the program would be $22,000.00 payable in advance. In order to initiate the process quickly, Plaintiff authorized payment of this amount to be made by her credit card. Prior to payment, Plaintiff was never provided a written contract or any other information regarding Narconon or its financial policies. 13. On February 12, 2006, Brian Martin entered Narconon's "program" in Newport Beach, California. Within three days, Brian Martin was transferred to Narconon's inpatient facility located in Warner Springs, San Diego County, California. 14. Shortly after his transfer to Warner Springs, Brian Martin contacted Plaintiff and advised her that he had learned that Narconon was not the organization "Narcotics Anonymous" but, rather, was run by the Church of Scientology, using a program developed by its founder, L. Ron Hubbard. Brian advised Plaintiff that he was afraid and requested that she immediately pick him up and take him home. 15. After conducting research on both organizations, Plaintiff concluded that Narconon was not the organization she had thought it was. Particularly alarming was research she uncovered that Narconon was a "front" for Scientology and was using dangerous and ineffective drug treatment procedures. Plaintiff further discovered that Narconon used the program to recruit people to Scientology, preying on their already addictive personalities. Based on the information she obtained in her research, Plaintiff immediately drove to Narconon's Warner Springs facility and retrieved her son. 16. Plaintiff has made demands on narconon to return her money since Brian did not complete the program. Any benefit Brian Martin gained by his presence at Narconon's facility was negligible. Plaintiff further seeks the return of her money on the grounds that she mistakenly believed that Narconon was a different organization. 17. Despite her demands for the return of her money, at all times Narconon has refused to return any amount of money. FIRST CAUSE OF ACTION (Recision based on Fraud AS AGAINST ALL DEFENDANTS 18. Plaintiff hereby incorporates by reference the allegations of

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paragraphs 1-17 above as though set forth fully herein. 19. Defendant entered into an oral contract for the benefit of Plaintiff's son, a third-party beneficiary. 20. The terms of the oral contract provided that, in exchange for payment from Plaintiff in the amount of $22,000.00, Defendant would provide narcotics abuse recovery services. 21. Plaintiff seeks to rescind the contract between herself and Defendant since Defendant fraudulently concealed that Defendant is associated with the Church of Scientology and not associated with Narcotics Anonymous ("NarcAnon".) Plaintiff contends that Defendant, through its representative, intentionally failed to disclose that Narconon was associated with the Church of Scientology. 22. Plaintiff did not know that Defendant was associated with the Church of Scientology rather, she believed that it was an extension of the well known alcohol abuse program known as "Alcoholics Anonymous." 23. Plaintiff alleges that because of the confusing similarity of the names "Narconon" and "NarcAnon" that Defendant intended to deceive her by concealing and leading her to believe that the program was "Narcotics Anonymous." 24. Plaintiff contends that she reasonably relied on Defendants' deception and was subsequently harmed when she provided $22,000.00 to Defendant and placed her son in Defendant's care. 25. Defendant's concealment was a substantial factor in causing Plaintiff's harm. 26. Defendant's actions were intentional, oppressive and malicious and were done in conscious disregard of Plaintiff's rights. As a result, an award of exemplary damages is justified. SECOND CAUSE OF ACTION (Recision based on negligent Misrepresentation) AS AGAINST ALL DEFENDANTS 27. Plaintiff hereby incorporates by reference the allegations of paragraphs 1 through 26 as though set forth fully herein. 28. Defendant entered into an oral contract for the benefit of Plaintiff's son, a third-party beneficiary. 29. The terms of the oral contract provided that, in exchange for payment from Plaintiff in the amount of $22,000.000, Defendant would provide narcotics abuse recovery services. 30. Plaintiff seeks to rescind the contract between herself and Defendant since Defendant negligently concealed that Defendant is associated with the Church of Scientology and not associated with Narcotics Anonymous

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("NarcAnon".) Plaintiff contends that Defendant, through its representative, intentionally and negligently failed to disclose that Narconon was associated with the Church of Scientology. 31. Plaintiff did not know that Defendant was associated with the Church of Scientology rather, she believed that it was an extension of the well known alcohol abuse program known as "Alcoholics Anonymous." 32. Plaintiff alleges that because of the confusing similarity of the names "Narconon" and "NarcAnon," that Defendant negligently deceived her when it failed to advise her that the Narconon program was not the program known as "Narcotics Anonymous," but rather, a different program run by or associated with the Church of Scientology. 33. Plaintif contends that she reasonably relied on Defendant's negligent misrepresentation and was subsequently harmed when she provided $22,000.00 and placed her son in Defendant's care. 34. Defendant's negligence was a substantial factor in causing Plaintiff's harm. 35. Plaintiff requests that the Court rescind the oral contract between her and Defendant on the grounds that Defendant's misrepresentations, as described above, were negligent. THIRD CAUSE OF ACTION (Recision based on Mistake) AS AGAINST ALL DEFENDANTS 36. Plaintiff hereby incorporates by reference the allegations of paragraphs 1 through 35 above as though set forth fully herein. 37. Plaintiff seeks recision of the contract alleged above since she entered into the contract with Defendant based on her mistaken belief that it was the narcotics recovery program known as "NarcAnon." 38. Plaintiff contends that Defendant knew that its name was confusingly deceptive and similar to the name of "NarcAnon" yet failed to take any steps to advise Plaintiff of the difference between the two organizations. 39. Plaintiff's mistake was not caused by her excessive carelessness and, had she known about her mistake, she would have never entered into the contract with Defendant, nor tendered any amount of money to Defendant. FOURTH CAUSE OF ACTION (Money Had and Received) AS AGAINST ALL DEFENDANTS 40. Plaintiff hereby incorporates by reference the allegations of paragraphs 1 through 39 above as though set forth fully herein. 41. On or about February 12, 2006, Defendant became indebted to Plaintiff in the sum of $22,000.00 for money had and received by Defendant for the

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use and benefit of Plaintiff's son, Brian Martin. 42. Plaintiff has repeatedly demanded that Defendant return the money received. The last demand was made in or about April, 2006. However Defendant has refused, and continues to refuse, to return the money. 43. No payment has been made by Defendant to Plaintiff and there is now owing the sum of $22,000.00, with interest on that amount at the rate of at least 10 percent per year, from February 12, 2006 to the present. WHEREFORE, Plaintiff prays judgment as follows: ON THE FIRST CAUSE OF ACTION 1. For general damages of $22.000; 2. For interest on the principal sum at the rate of at least 10 percent per year from February 12, 2006 to the present; 3. For costs of suit herein incurred; and 4. For such other and further relief as the court may deem proper. ON THE THIRD CAUSE OF ACTION 1. For repayment of the sum of $22.000.00; 2. For interest on the principal sum at the rate of at least 10 percent per year from February 12, 2006 to the present; 3. For costs of suit herein incurred; and, 4. For such other and further relief as the court may deem proper. ON THE FOURTH CAUSE OF ACTION 1. For repayment of the sum of $22.000.00; 2. For interest on the principal sum at the rate of at least 10 percent per year from February 12, 2006 to the present; 3. For costs of suit herein incurred; and, 4. For such other and further relief as the court may deem proper. Dated June 13, 2006 Law offices of Gary D. Leasure, APC Attorneys At Law ---------------------------------------------------------------------------------------Narconon Warner Springs II: Plaintiff: Kevin Carter

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Defendant: Narconon Southern, business entity, form unknown, Gerry Marshall and Does 1 to 100 Kevin Carter alleges that Narconon Southern and Does 1 to 20 was the legal (proximate) cause of damages to Plaintif. By the following acts or ommissions to act, Defendant negligently caused the damage to Plaintiff on July 8, 2002 or after at Narconon facility at 17350 South Highway 79, Warner Springs CA (Description of reasons for liability) Plaintiff, KEVIN CARTER, at all times relevant, was an employee of Defendants. NARCONON SOUTHERN and DOES 1 to 20. On or after July 8, 2002, Plaintiff sustained injuries in the course and scope of her(sic) employment at 17350 South Highway 79, Warner Springs, because of dangerous working conditions on the premises and which caused him to injure himself. Defendants NARCONON SOUTHERN and DOES 1 to 20, failed to provide Workers' Compensation insurance coverage for Plaintiff and was not permissibly self-insured pursuant to the California Labor Code. Pursuant to Labor Code, Section 3700, et seq, including Labor Code section 3706, Plaintiff is permitted to maintain this civil action against the above mentioned Defendants, who were negligent in creating, permitting, failing to correct or warn of the dangerous work conditions causing Plaintiff's injuries and otherwise failed to maintain a safe workplace, all of which was a legal cause of Plaintiff's complained of injuries. Pursuant to the Labor Code, Plaintiff is also entitled to attorneys fees for the prosecution of this action. Plaintiff KEVIN CARTER sustained serious personal injuries at 17350 Highway 79, Warner Springs, as a result of dangerous conditions which caused Plaintiff to sustain significant back injuries, improper and dangerous methods of "drug abuse treatment" conducted at an unlicensed facility causing injury and other negligent acts on Plaintiff, who at the time was participating in one of defendant's "Ethics Cycles," where he was required to engage in heavy labor for long hours, without adequate assistance and tools, was denied assistance when requested and denied adequate medical attention. -------------------------------------------------------------------Plaintiff KEVIN CARTER, at all tiems relevant, was an employee of defendants, NARCONON SOUTHERN and DOES 1 to 40, in the course and scope of her (sic) employment. Defendant GERRY MARSHALL, was a managing agent of Plaintiff's employer. On Memorial Day, May 27, 2002, Defendant GERRY MARSHALL, in the course and scope of his employment, and as a managing agent of Defendants NARCONON SOUTHERN and DOES 11 to 20, assaulted and battered Plaintiff, including pushing and throwing Plaintiff and other acts which placed Plaintiff in great fear of bodily harm and in fact, caused personal injury to Plaintiff. In addition, Defendant, NARCONON SOUTHERN and DOES 11 to 20, ratified the acts of Defendant GERRY MARSHALL, and other managing agents of said Defendants intentionally inflicted emotional distress by making him work extremely long hours, coercing and threatening Plaintiff, yelling, harassing and subjecting Plaintiff to humiliating and degrading mental,

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emotional and physical abuse. Plaintif alleges defendant was guilty of malice, oppression as defined in Civil Code section 3294, and plaintiff should recover, in addition to actual damages, damages to make an example of and to punish defendant. The facts supporting Plaintiff's claim are as follows: Plaintiff incorporates herein the allegations contained on Page 7. Defendants, GERRY MARSHALL, a managing agent of defendant NARCONON SOUTHERN, and DOES 11 to 20, and further alleges that the malicious and oppressive acts of defendants, and each of them, in pushing and throwing Plaintiff and other acts of mental, emotional and physical intimidation and harassment with the intent to vex, injur and annoy Plaintiff constituted oppression and malice as herein above set forth in detail. ------------------------------------------------------Provide a brief statement of the case, including any damages... PLAINTIFF WAS INJURED AS A RESULT OF AN ALTERCATION AS WELL AS A WORK INJURY TO HIS NECK AND BACK. PLAINTIFF FILED FOR WORKERS COMPENSATION, HOWEVER, DEFENDANT DID NOT CARRY WORKERS COMPENSATION SO HE WAS UNABLE TO RECOVER FROM HIS FILING. ADDITIONALLY PLAINTIFF WAS SEVERLY(sic) BEAT BY THE MANAGER AT THE FACILITY. (Narconon Warner Springs, San Diego) (Notes and update on this case) Witnesses to the beating(s) were Staff Ethics Officer Pat lucarelliz, Kathy Dion, Frank Riedel (spelling?), Quaid Gore, Daniel Klesh, Brian Hartman and Gerry Marshal himself. Plaintiff Carter stated in Interragatory, answer #62, that (as a result of the physical abuse he suffered at Narconon Warner Springs from incidents of 5/27/02 and 7/8/2002), that he had: "pain in left arm, shoulder, back spasms, cramping, depression, general discomfort, numbness in legs, can't sit for any length of time. Some days can't tie shoes. Mental agression, dependancy through my entire body. He also claimed a "lumbar epidurmal, need surgery on back." Plaintiff's attorney was Richard N. Bashara (CA Bar Association #97405) Narconon's attorney was Daniel C. Carlton. Narconon had the case dismissed on Nov 15, 2004 -----------------------------------------------------------------------------------------Narconon Newport Beach Filed SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER

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APR 02 2007 Plaintiff: Ozelle M. Keil Defendant Narconon Southern California; Narconon, Narconon Newport Beach and Does 1 to 50 COMPLAINT-Personal Injury, Other Damages ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ---------------------------------------------------------------SHORT TITLE KEIL V. NARCONON et al. ----------------------------------------------------Does 1 to 50 was the legal (proximate) cause of damages to Plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to Plaintiff On October 4, 2006 at 1810 W. Oceanfront, Newport Beach CA 92663 (description of reasons for liability): The defendants and each of them so negligently, carelessly and/or recklessly provided money to Plaintiff's son who was in Defendants' custody and care for intervention related services which is a breach of a duty of due care and violates all standards of care or industry standards enabling Plaintiff's son to leave Defendants' facility and program to return to the streets and drugs all to Plaintiff's damage in an amount to be proven at time of trial. -----------------------------------------------------------------The essential terms of the agreement are as follows That Plaintiff would pay $25,000 (plus incidental expenses) to defendants for drug intervention related services for Plaintiff's son "Gabe." That defendant would not under any circumstances give money to Gabe as it was foreseeable that if the defendants gave money to Gabe he would leave the defendant's facility, "return to the streets" to a life of drugs, and Plaintiff would lose her investment of $25,000 (plus incidental expenses.) On or about October 4, 2006 defendant breached the agreement by the following acts By giving money to Plaintiff's son Gabe without Plaintiff's permission in complete contradiction to the agreed upon promises and protocol; whereupon Gabe took the money, left defendant's facility/program, bought a bus ticket to Colorado and returned to the streets and drugs. ---------------------------------------------------------------Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement as follows

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a) $25,000 contract payment to defendants Incidental expenses related to defendants' intervention related services of approximately $3,297.00 Plaintiff is entitled to attorney fees by an agreement or a statute Interest of the date of defendants' breach, to wit: On or about October 4, 2006 CAUSE OF ACTION-Breach of Contract

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