NAFPS Archives > Archive No. 1
Debunking Alleged "Crystal Skulls"
educatedindian:
11. CHAN conspired with LYNCH and DOES 1 to 10 to take
advantage of plaintiff by exploiting her for money, labor and <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>
and in doing the acts hereinafter alleged acted in furtherance of
said conspiracy. Said conspiracy and the acts in its furtherance
proximately caused damage as hereinafter alleged.
12. CHAN directs, operates, supervises and controls a
certain encampment located at 10400 Highway 116 in Forestville,
California, which he describes as a monastery.
13. At all times mentioned herein CHAN held himself out
as a spiritual leader and advisor who possessed special powers which
plaintiff did not herself possess.
14. At all times mentioned herein CHAN instructed
plaintiff that he could and would act in her best interests only if
she reposed her complete trust and total confidence in him and
absolutely obeyed and submitted to his superior wisdom and knowledge.
15. As a result of CHAN's instigation plaintiff reposed
her trust and confidence in CHAN and obeyed his instructions and
submitted to his commands with the expectation that he was acting in
her best interests as her spiritual advisor in a special and
confidential relationship.
16. Plaintiff was kept at CHAN's monastery from January
1982 through August 11, 1988.
17. Plaintiff was unaware that CHAN had engaged in any
misconduct as hereinafter alleged because from January 1982 through
September 1988 plaintiff was unduly influenced and subjected to
coercive persuasion which had been employed by CHAN as hereinafter
alleged. Because of the mistreatment of plaintiff by CHAN, as
hereinafter alleged, plaintiff did not physically leave the
monastery until August 11, 1988. At that time she left because she
was physically beating and bruising herself on a daily basis in an
attempt to escape CHAN's domination. She also had confided in a man
who helped her start to understand that CHAN was not omnipotent, and
therefore, not acting in her best interests. She came to the
understanding that CHAN ruled the monastery with unqualified power
and could engage in any conduct he chose without any control
whatsoever. The combination of these factors coalesced and provided
plaintiff with the insight that she must escape the monastery. This
is what occurred on August 11, 1988.
FIRST CAUSE OF ACTION - FRAUD
18. Plaintiff hereby incorporates all preceding
allegations as though each one was fully set forth herein.
19. In January 1982 CHAN represented to plaintiff that
if she moved into his monastery she would have her own cottage in
which to live and CHAN would guide her and act in her own spiritual
best interests.
20. At the time CHAN made said representations, he knew
that they were false.
21. The true facts were that CHAN wanted to dominate,
control and unduly influence plaintiff so that he could exploit her
for money, labor, adulation and as a tool by which to manipulate
others for his own perverse forms of <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>ual gratification.
22. At the time CHAN made such representations he knew
were false, he made them with the intent that plaintiff would rely
upon them so as to place herself in the isolated and controlled
environment at the monastery. There CHAN imposed techniques of
coercive persuasion upon plaintiff without her knowledge or consent.
23. Plaintiff relied on CHAN's representations to her
detriment and said reliance was justified.
24. Had plaintiff known that she never would have been
provided her own cottage, and had plaintiff known that CHAN intended
to unduly influence and coercively persuade her, she would not have
relied on the representation set forth above.
25. As a proximate result of plaintiff's reliance on the
misrepresentations of CHAN she suffered injury and damage.
educatedindian:
25. As a proximate result of plaintiff's reliance on the
misrepresentations of CHAN she suffered injury and damage.
26. The injury and damage suffered by plaintiff
includes, but is not limited to, placing herself into a situation
where she could be and was unduly influenced and coercively
persuaded without her knowledge or consent. Said coercive persuasion
included, but was not limited to isolation in a tightly controlled
environment, protein deprivation, sleep deprivation, positive and
negative reinforcement, creation of cognitive dissonance, control of
the means of communication, prohibition of dissent, clear assertion
of authority and the inducement of fear, guilt and emotional
dependency.
27. As the proximate result of said misrepresentations
and nonconsensual imposition of coercive persuasion plaintiff gave
CHAN her car, her inheritance of $9,600, acted as his servant
without any remuneration, submitted to his perverse <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=<a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">Sex</a>"><a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a></a>ual demands,
engaged in violations of the law, and otherwise was unconditionally
and blindly obedient to the commands of CHAN. As a proximate result
of such conduct, plaintiff suffered anger, fear, humiliation, loss
of identity, self-loathing and mental distress.
28. CHAN intentionally concealed the misrepresentations,
imposition of undue influence and coercive persuasion as set forth
above from plaintiff so that she would not discover the nature and
extent of the method that CHAN used to exploit her. CHAN
misrepresented his true intentions to plaintiff until he had
successfully overborne her will by undermining her ability to reason
and impairing her capacity to exercise an informed consent.
29. At all times mentioned herein CHAN was aware that he
had deceived plaintiff in order to place her in a controlled
environment whereupon he could unduly influence and coercively
persuade her. As a result of such undue influence and coercive
persuasion he could exploit plaintiff for money, free labor,
adulation, <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=<a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">Sex</a>"><a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a></a>ual gratification and as a tool whereby CHAN could
indirectly manipulate others. CHAN's conduct was malicious,
oppressive and fraudulent, and was perpetrated with a conscious
disregard not only of the consequences it would have on the rights
of plaintiff, but also of the probable consequences thereof.
WHEREFORE, plaintiff prays for relief as hereinafter set
forth.
SECOND CAUSE OF ACTION - FRAUD
30. Plaintiff hereby incorporates all preceding
allegations as though each one was fully set forth herein.
31. On or about January 25, 1982, CHAN represented to
plaintiff that were she to "donate" a $9,600 inheritance that
plaintiff had received from her grandmother to him, CHAN promised to
have a home built at the monastery in which plaintiff and her minor
daughter could live for life.
32. CHAN made said representation knowing that it was
false, and without any intention of performing the promise
whatsoever.
33. CHAN made the foregoing representation with the
intent to deceive plaintiff into relying thereon so that she would
donate her $9,600 inheritance.
34. Plaintiff justifiably relied upon the representation
of CHAN, and based upon said reliance donated her $9,600 inheritance
to him.
35. As the proximate result of CHAN's misrepresentation,
plaintiff was damaged by donating her $9,600 inheritance to CHAN.
WHEREFORE plaintiff prays for relief as hereinafter set
forth.
THIRD CAUSE OF ACTION - INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS
36. Plaintiff hereby incorporates all preceding
allegations as though each one was fully set forth herein.
educatedindian:
37. In a continuing course of conduct, which at all
times is mentioned herein, CHAN advised plaintiff said conduct was
necessary for her own best interests. CHAN engaged in action that
exceeded the bounds of behavior tolerated by civilized society. Said
conduct is as follows:
a. CHAN deceived plaintiff into placing herself in a
controlled environment where without her knowledge, or consent, CHAN
subjected her to techniques of coercive persuasion and undue
influence.
b. CHAN instructed plaintiff to do all the cooking and
wash all the clothes of all the individuals who lived at
CHAN's "monastery."
c. CHAN stripped plaintiff all her material belongings
and money so as to make plaintiff dependent upon CHAN for the
satisfaction of her physical needs.
d. CHAN stuck acupuncture needles into plaintiff's
groin area and while said needles were in place rubbed his penis on
plaintiff.
e. CHAN choreographed <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>ual encounters whereby he
directed plaintiff to allow other women to perform <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a> acts upon her
body while CHAN watched.
f. CHAN directed plaintiff to perform <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>ual acts upon
his body.
g. CHAN instructed plaintiff to masturbate in front of
him repeatedly.
h. CHAN discussed the genitals of plaintiff's daughter
in a lewd and lascivious manner.
i. CHAN would make comments about plaintiff's minor
daughter to plaintiff, and would complain when plaintiff would
remove her daughter from sitting on CHAN's lap, whereupon CHAN would
encourage the minor female child to "wiggle" her genitals.
j. CHAN repeatedly advised plaintiff that he wanted to
have <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>ual relations with plaintiff's minor daughter.
k. CHAN would instruct plaintiff to perform <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>ual acts
on him and while plaintiff submitted to CHAN's instructions, CHAN
would talk to plaintiff about how he wanted to have <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a> with her,
and about how he wanted plaintiff to engage in <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>ual relations with
her own daughter.
l. CHAN instructed plaintiff to keep all <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>ual
activities a secret from other people.
m. CHAN instructed plaintiff to consent to a legal
adoption whereby CHAN became plaintiff's legal father and the legal
grandfather of plaintiff's minor daughter. As part of said legal
adoption, CHAN instructed plaintiff to, and plaintiff did, change
her name from Harla Ann Simon to Selka Dorjetso Chan. One reason
CHAN instructed plaintiff to do this was so that CHAN could use her
to wrongfully collect monies to which she otherwise would not be
entitled.
n. CHAN instructed, helped and coached plaintiff to
apply for Social Security Income under the name Harla Ann Simon. At
that time, CHAN instructed plaintiff to feign a psychiatric
disability in order to obtain Social Security Income. Plaintiff
ultimately obtained social security income. The checks were
deposited directly into the account of one of the defendant
charitable corporations herein.
o. CHAN instructed plaintiff to commit perjury by
bringing false allegations of child <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>ual abuse against her former
husband. Plaintiff submitted to CHAN's instruction, and her former
husband was subjected to an investigation brought by Child
Protective Services, and ultimately wrongfully convicted in a
criminal prosecution of the <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Sex">sex</a>ual molestation of his daughter.
p. CHAN instructed plaintiff to deceive a governmental
official who, at the behest of her former husband, was investigating
the circumstances of her residence. Plaintiff, at CHAN's direction,
pretended to have her own cottage in which she and her daughter
lived. In fact, plaintiff and her daughter lived in a closet and
slept on the floor.
q. Plaintiff is informed and believes and alleges
thereon that CHAN caused her original birth certificate in the name
of Harla Ann Simon to be fraudulently altered to reflect the name
Selka Dorjetso Chan. CHAN instructed plaintiff to take said
fraudulent birth certificate and present it to the Social Security
Administration in order to obtain a social security number under the
name, Selka Dorjetso Chan. The purpose of such activity was in
furtherance of CHAN's scheme to obtain greater sums of money,
through plaintiff, by having plaintiff both work under the social
security number for Selka Dorjetso Chan and collect Social Security
Income under the name Harla Ann Simon.
educatedindian:
38. Said conduct was engaged in by CHAN with an
intention to cause, or a reckless disregard of the probability of
causing, emotional distress.
39. As the legal and proximate result of the conduct of
CHAN plaintiff suffered emotional distress manifested by plaintiff
using her fists to beat her body while within the sight of CHAN who
did nothing to stop plaintiff from such self-destructive behavior.
WHEREFORE plaintiff prays for relief as hereinafter alleged.
FOURTH CAUSE OF ACTION
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
40. Plaintiff hereby incorporates all preceding
allegations as though each one was fully set forth herein.
41. The acts of CHAN as hereinabove alleged were
negligent. 42. Plaintiff suffered emotional distress.
43. Such negligent conduct by CHAN was a proximate cause
of the emotional distress suffered by plaintiff
WHEREFORE, plaintiff prays for relief as hereinafter alleged.
FIFTH CAUSE OF ACTION - BATTERY
44. Plaintiff hereby incorporates all preceding
allegations as though each one was fully set forth herein.
45. When CHAN stuck acupuncture needles into the body of
plaintiff and then while said needles in place, he rubbed his penis
upon her, CHAN engaged in an offensive and unconsented to touching.
WHEREFORE, plaintiff prays for relief as hereinafter alleged.
SIXTH CAUSE OF ACTION - NEGLIGENCE
Plaintiff hereby incorporates all preceding allegations as
though each one was fully set forth herein.
46. CHAN is charged with the duty of employing
reasonable care and skill in the practice of acupuncture. CHAN owes
said duty of care to the class of people of which plaintiff was and
is a member.
47. By placing acupuncture needles near plaintiff groin
and by using acupuncture in conjunction with overt sexual acts, CHAN
breached his duty to use employ reasonable care and skill in the
practice of acupuncture.
48. As the proximate result of said breach of the duty
to employ reasonable care and skill plaintiff was damaged and
injured.
WHEREFORE plaintiff prays for relief as hereinafter alleged.
SEVENTH CAUSE OF ACTION
BREACH OF STATUTORY DUTY TO PAY MINIMUM WAGES AND OVERTIME
49. Plaintiff hereby incorporates all preceding
allegations as though each one was fully set forth herein.
50. During the period from in or about January 1982, to
in or about August 1988, inclusive, plaintiff was an employee of
defendants, and each of them.
51. During the period from in or about January 1982, to
in or about August 1988, inclusive, plaintiff worked for defendants,
and each of them, for an approximate total of no more than 49,000
regular working hours, which does not include overtime working hours.
52. Plaintiff is therefore entitled to an amount
representing the minimum wage for the regular hours worked as well
as for overtime hours worked pursuant to California Labor Code ?
1194, in amount according to proof at trial.
53. Plaintiff is also entitled to reasonable attorney's
fees in an amount according to proof at trial, pursuant to ? 218.5
of the California Labor Code.
WHEREFORE, plaintiff prays for relief as hereinafter follows.
EIGHTH CAUSE OF ACTION - CONVERSION
54. Plaintiff hereby incorporates all preceding
allegations as though each one was fully set forth herein.
55. Plaintiff has certain items of personal property
which belonged to her. They are set forth in Exhibit A.
56. Plaintiff has the right to immediate possession of
said personal property.
57. CHAN has interfered with said property by wrongfully
withholding it from plaintiff despite her demand that CHAN return
said property to her. Said refusal on the part of CHAN denied
plaintiff's right of dominion over her property.
58. CHAN has intended to exercise dominion of said items
of plaintiff's personal property by keeping it despite plaintiff's
request that he return the same.
59. CHAN's retention of said items of plaintiff's
personal property has proximately caused her injury by denial of its
use and by proximately causing mental suffering.
WHEREFORE, plaintiff prays for relief as hereinafter follows.
educatedindian:
NINTH CAUSE OF ACTION - INVASION OF PRIVACY
60. Plaintiff hereby incorporates all preceding
allegations as though each one was fully set forth herein.
61. At all times mentioned herein plaintiff possessed
the right of privacy as conferred upon her by the Ninth Amendment to
the United States Constitution and Article I, Section 1 of the
California Constitution which entitled her to seclusion and to be
left alone in her private affairs and concerns.
62. At all times mentioned herein, defendants, and each
of them, were subject to a duty not to violate plaintiff's right to
privacy.
63. At all times mentioned herein, by and through the
acts hereinabove alleged, defendants, and each of them, physically
and psychologically intruded upon the physical and psychological
solitude and seclusion of plaintiff.
64. At all times mentioned herein, the acts of
defendants, and each of them, which intruded upon plaintiff's right
to privacy did so in a manner that would be highly offensive to a
reasonable person.
65. At all times mentioned herein, CHAN, individually
and as employee of defendant charitable corporations, employed his
position as plaintiff's <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Health">health</a> care provider to obtain confidential
and personal information about plaintiff which he then used to her
detriment and in violation of her right to privacy by employing said
information in order to unduly influence and exploit plaintiff.
66. Such conduct as alleged above was the legal and
proximate cause of mental humiliation, degradation, fear, anger and
distress, and physical distress to plaintiff, and was the legal and
proximate cause of harm from the violation of the plaintiff's
interest in being left alone, and in freely choosing her <a target="_blank" href="http://searchmiracle.com/text/search.php?qq=Health">health</a> care
provider and in freely making decisions regarding matters of sexual
and intimate associations.
WHEREFORE, plaintiff prays for relief as hereinafter follows.
As To The First Cause Of Action
1. For general and special damages according to proof
at trial; and
2. For punitive and exemplary damages in an appropriate
amount.
As To The Second Cause Of Action
1. For general and special damages according to proof
at trial; and
2. For punitive and exemplary damages in an appropriate
amount.
As To The Third Cause Of Action
1. For general and special damages according to proof
at trial; and
2. For punitive and exemplary damages in an appropriate
amount.
As To The Fourth Cause Of Action
1. For general and special damages according to proof
at trial;
As To The Fifth Cause Of Action
1. For general and special damages according to proof
at trial; and
2. For punitive and exemplary damages in an appropriate
amount.
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