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Keller Complaint Case 3:14-cv-02379-JM-KSC Document 1 Filed 10/07/14 Page 1 of 20 1 Ryan A. Hamilton CA BAR NO. 291349 2 HAMILTON LAW 5125 S. Durango Dr., Ste. C 3 Las Vegas, NV 89113 (702) 818-1818 4 (702) 974-1139 (fax) [email protected] 5 Attorney for the plaintiff, 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 JENNIFER HENNING, a Michigan citizen; and DEANNA TETREAU, a Michigan citizen; 10 Plaintiffs, Case No. '14CV2379 JM KSC 11 vs. 12 NARCONON FRESH START d/b/a COMPLAINT AND JURY DEMAND SUNSHINE SUMMIT LODGE; 13 ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL; 14 NARCONON INTERNATIONAL; 15 NARCONON WESTERN UNITED STATES and DOES 1-100, ROE Corporations I – X, 16 inclusive, 17 Defendants. 18 19 Plaintiffs Deanna Tetreau, and Jennifer Henning (“Plaintiffs”), by and through counsel, 20 Ryan Hamilton of Hamilton Law, LLC, alleges the following: 21 /// 22 /// 23 /// 24 /// 25 /// 1 Case 3:14-cv-02379-JM-KSC Document 1 Filed 10/07/14 Page 2 of 20 1 I. 2 PARTIES 3 1. Plaintiffs Deanna Tetreau, and Jennifer Henning are residents of, and for the purposes of 4 determining diversity jurisdiction are citizens of Michigan. 5 2. Defendant Narconon Fresh Start (hereafter “Fresh Start”), is, and at all times relevant to 6 this Complaint was, a corporation incorporated under the laws of, and with its principal place of 7 business in, the State of California. Defendant has been at all relevant times transacting business in 8 Warner Springs, San Diego County, California. Fresh Start may be served with process through its 9 registered agent, Mark Kirwin, 4480 Market St., Ste. 804, Ventura, CA 93003. 10 3. Defendant Narconon International (“NI”) is a California corporation with its headquarters 11 in Los Angeles, California. 12 4. NI is the principal/licensor of Defendant Narconon Fresh Start. NI exercises control over 13 the time, manner, and method of Fresh Start’s operations. 14 5. NI was doing business in the State of California by and through its agent and 15 subsidiary/licensee Defendant Narconon Fresh Start. NI may be served with process through its 16 registered agent, Sherman D. Lenske, 6400 Canoga Ave., Suite 315, Woodland Hills, CA 91367. 17 6. Fresh Start and NI are subsidiaries of the Association for Better Living and Education 18 (“ABLE”). ABLE oversees the drug rehabilitation, education, and criminal justice activities of the 19 Church of Scientology including, but not limited to, Fresh Start and NI. 20 7. Defendant ABLE is a corporation registered in the State of California with its headquarters 21 in Los Angeles, California. 22 8. ABLE controls the time, manner, and method of NI’s and Fresh Start’s businesses by 23 actively managing their daily operations, including conducting inspections of Narconon centers 24 and creating, licensing, and approving their marketing materials. 25 2 Case 3:14-cv-02379-JM-KSC Document 1 Filed 10/07/14 Page 3 of 20 1 9. ABLE transacts business in the State of California by and through its agents, Narconon 2 International and Narconon Fresh Start. ABLE may be served with process through its registered 3 agent, Sherman D. Lenske, 6400 Canoga Ave., Suite 315, Woodland Hills, CA 91367. 4 10. Defendant Western (“Western”) is a corporation registered in the State of California with 5 its headquarters in Los Angeles, California. 6 11. Western controls the time, manner, and method of Fresh Start’s business by actively 7 managing its daily operations, and creating and approving their marketing materials. 8 12. Western transacts business in the state of California and may be served with process 9 through its registered agent, Luria K. Dion, 249 N. Brand Blvd #384, Glendale, CA 91203. 10 13. Plaintiff is unaware of the true names and capacities, whether individual, corporate, 11 associate, or otherwise, of Defendant DOES 1-100, inclusive, and, therefore, sues these 12 Defendants by fictitious names. Plaintiff will seek leave of this Court to amend this Complaint 13 when the identities of these Defendants are ascertained. 14 II. 15 JURISDICTION AND VENUE 16 14. This Court has subject jurisdiction pursuant to 28 U.S.C. § 1332. The amount in 17 controversy exceeds $75,000.00, and there is complete diversity between the parties. 18 15. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(a) because a substantial portion 19 of the events and omissions giving rise to this lawsuit occurred in this District, and the Court has 20 personal jurisdiction over each of the parties as alleged throughout this Complaint. 21 III. 22 FACTUAL ALLEGATIONS 23 16. On or about January 10, 2014, Plaintiff Deanna Tetreau was searching the Internet for an 24 alcohol rehabilitation facility for her daughter, Plaintiff Jennifer Henning. 25 3 Case 3:14-cv-02379-JM-KSC Document 1 Filed 10/07/14 Page 4 of 20 1 17. Deanna found a website that advertised substance dependency rehabilitation services. 2 Deanna called the number displayed on the website and left a message. Later that day, a person 3 who identified himself as Darwin and as an independent drug rehab counselor, called from 4 telephone number 866-637-5799. He directed Deanna to a representative named Josh Penn. 5 18. Josh Penn represented that Fresh Start’s program the program had been scientifically and 6 medically proven to be effective. 7 19. Penn further falsely represented to Deanna: (1) that while undergoing detox at Fresh Start, 8 Jennifer would be under the care of a doctor or nurse at all times; (2) that Fresh Start would 9 provide Jennifer with extensive drug and addiction counseling; (3) that Fresh Start staff are 10 properly trained to care for and treat persons with addiction; 11 20. Penn directed Plaintiff to Fresh Start’s website for its facility in Warner Springs, 12 California, www.sunshinesummitlodge.com. This website and Penn represented to Deanna that 13 the Fresh Start’s treatment program has a success rate between 70% and 80%. 14 21. Based on these representations, Deanna agreed to place her daughter Jennifer in the 15 Narconon program at its facility in Warner Springs, California. Deanna executed the contract 16 attached hereto as Exhibit A. The contract describes the founding of the Narconon program as 17 follows: The Narconon Program was founded in 1966 by William Benitez, 18 where it was first used in the Arizona State Prison, after being inspired by the practical betterment philosophy of author and 19 humanitarian L. Ron Hubbard in the book, The Fundamentals of Thought. After reforming himself through the use of this new and 20 innovative rehabilitation technology and establishing the Narconon program, Mr. Benitez found a new purpose in life by helping people 21 not only rehabilitate themselves from drug addiction, but more importantly, restore their personal values, integrity, and 22 responsibility. The Narconon Program is secular (NON- RELIGIOUS) in nature and the program does not include 23 participation in any religious studies of any kind. 24 22. The actual title of the L. Ron Hubbard Book the contract references is Scientology: The 25 Fundamentals of Thought – The Basic Book of Theory and Practice of Scientology for Beginners. 4 Case 3:14-cv-02379-JM-KSC Document 1 Filed 10/07/14 Page 5 of 20 1 23. The Church of Scientology’s website indicates that this book was “designated by L. Ron 2 Hubbard as the Book One of Scientology.” (emphasis in original) See 3 http://www.scientology.org/books/catalog/scientology-the-fundamentals-of-thought- 4 paperback.html 5 24. Deanna paid $34,000, and Jennifer was admitted to Fresh Start on or about January 16, 6 2014. 7 25. Fresh Start uses the Narconon Treatment program. 8 26. The Narconon Treatment Program consists of two components: (1) course materials 9 consisting of eight books by L. Ron Hubbard; and (2) a sauna and vitamin program known as the 10 “New Life Detoxification Program.” 11 27. In the Narconon program each patient receives the exact same written materials regardless 12 of the specific circumstances surrounding the patient’s addiction. 13 28. The Narconon written materials consist of eight books based on the works of L. Ron 14 Hubbard, the founder of the Scientology religion. These eight books contain almost no 15 information about drugs, substance abuse, or its treatment. 16 29. In place of actual addiction treatment, Fresh Start had Jennifer study Scientology. 17 30. The eight Narconon books contain only Scientology doctrines and teachings. Such 18 doctrines include, without limitation, the Eight Dynamics of Existence, the Conditions of 19 Existence, the Suppressive Person and Potential Trouble Source doctrines, the Tone Scale, the 20 Affinity Reality Communication triangle, and the Cycle-of-Action. 21 31. Almost all of the material in the Narconon books has been copied directly out of 22 Scientology scriptures. 23 32. Fresh Start had Jennifer perform drills known as “Training Routines” or TRs. These TRs 24 come straight from Scientology scripture and have no apparent connection to the treatment of 25 substance abuse. 5 Case 3:14-cv-02379-JM-KSC Document 1 Filed 10/07/14 Page 6 of 20 1 33. For example, in TR3, Fresh Start had Jennifer sit with another patient and repeatedly ask 2 the other patient “Do fish swim?” for hours on end. 3 34. To gauge Jennifer’s progress in the program, Fresh Start administered Scientology’s 4 personality or stress test known as the “Oxford Capacity Analysis.” This “analysis” contains 200 5 questions that a patient must answer “yes,” “no,” or “maybe.” 6 35.
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