I OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and addressFOR counrlusE a Elliotth. Kanter (95054The Law Of?ces of Elliott N. Kanter, PC 2445 Fi?hAvenue,Suite350 -. ,mx 2): SanDiego, CA92101 w? av TELEPHONE NO: (619) 231-1883 FAX No. (Optional): (619) 234-4553 .: ,1 ekanter@enkanter. com A. I ATTORNEY FOR (Mime)- Sylvia Castelluzzo and James Castelluzzo SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Diego STREET ADDRESS: 330 Broadway MAILING ADDRESS: 330 Broadway AND ZIP CODE: San Diego, CA 92101 BRANCH NAME: Hall of Justice PLAINTIFF: Sylvia Castelluzzo and James Castelluzzo; heirs of Monica Rittel DEFENDANT: Hospital of San Diego County and County of San Diego DOES 1 To 10 inclusive Injury, Property Damage, Wrongful Death AMENDED (Number): Type (check all that apply): I: MOTOR VEHICLE OTHER (specify): Property Damage 1= Wrongful Death Personal Injury Other Damages (specify): . Jurisdiction (check all that apply): CASE NUMBER: ACTION IS A LIMITED CIVIL CASE Amount demanded I: does not exceed $10, 000 37-2018-00054429-CU-MM-CTL exceeds $10, 000, but does not exceed $25,000 I ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25, 000) ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited I: from unlimited to limited 1- Plaintiff (name 0" nameS)! Sylvia Castelluzzo and James Castelluzzo; heirs of Monica Rittel alleges causes Of action against defendant (name or names): A Hospital of San Diego County and County of San Diego 2. This pleading, including attachments and exhibits. consists Of the following number of pages: . 3. Each plaintiff named above' Is a competent adult a. El except plaintiff (name): (1) a corporation quali?ed to do business in California (2) an unincorporated entity (describe): (3) a public entity (describe): 1 (4) I: a minor an adult CI for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other (speci?r): i (5) other (specify): b. except plaintiff (name): (1) I: a corporation quali?ed to do business in California (2) I: an unincorporated entity (describe): (3) El a public entity (describe): (4) a minor an adult El for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other (specify): (5) other (specify): I I: Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 425.12 Personal Injury? Property eo Puwwm IRev. January 1. 20071 Damage, Wrongful Death PLD-PI-001 SHORT TITLE: i I CASE NUMBER: Castelluzzo, et. al. v. Hospital of San Diego County, et. al. 4. Plaintiff (name): is doing business under the ?ctitious name (specify): and has complied with the ?ctitious business name laws.- 5. Each defendant named above is a natural person . a. except defendant (name): Hospital c. except defendant (name): (1) a business organization. form unknown (1) a business organization, form unknown (2) a corporation (2) I: a corporation (3) an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) I: a public entity (describe): (5) other (specify): . (5) other (specify): except defendant (name): County of San Diego except defendant (name). (1) a business organization. form unknown (1) a business organization. form unknown (2) a corporation (2) I: a corporation (3) El an unincorporated entity (describe): (3) an unincorporated entity (describe): (4) a public entity (describe): (4) a public entity (describe): (5) CI other (specify): (5) I: other (specify): ?lnformation about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. - Doe defendants (specify Doe numbers): 1 10 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. Doe defendants (specify Doe numbers): 1-10, inclusive are persons whose capacities are unknown to plaintiff. - 7. Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This? court is the proper court because a. at least one defendant now resides in its jurisdictional area. b; the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. injury to person or damage to personal property occurred in its jurisdictional area. - d. El other (specify): 9. Plaintiff is required to comply with a claims statute, and a. has complied with applicable claims statutes. or b. is excused from complying because (specify): IRev. January 1. 20071 Injury, Property Page 2 on - Damage, Wrongful Death PLD-PI-001 SHORT TITLE: CASE NUMBER: Castelluzzo, et. al. v. Hospital of San Diego County, et. al. 10. The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): a. Motor Vehicle b. General Negligence c. I: intentional Tort d. Products Liability e. Premises Liability f. Other (specify): Wrongful Death 3 Medical Malacca-hag 11. Plaintiff has suffered a. wage loss b. loss of use of property . hospital and medical expenses . general damage . property damage loss of earning capacity other damage (specify): Loss of love, companionship, comfort, care, assistance, protection, affection, society, moral 1 support, loss of training and guidance, emotional trauma, pain and suffering (pr-00.0 12. The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. listed in Attachment 12. b. as follows: 1 See Attachment. 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just. and equitable; and for a. (.1) (L, compensatory damages (2) punitive damages The amount of damages is (in cases for personal injury or wrongful death, you must check (1) according to proof (2) in the amount of: 15. :1 The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date: October 24, 2018 Elliott N. Kanter (TYPE OR PRINT NAME) OF PLAINTIFF OR ATTORNEY) PmPImttRev.Jamry1.2oon roperty Pasaaofa Damage, Wrongful Death MC-025 SHORT TITLE: . Castelluzzo, et. a1.v. Hospital of San Diego County, et. a1. CASE NUMBER: ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Council form.) Damages for Wrongful Death - Inter alia, loss of: ?nancial support, gifts, bene?ts, love companionship, comfort, care, assistance, protection, affection, society, moral support, training and guidance, ?meral and burial expenses, reasonable value of household services that Monica Rittel would have provided. Sylvia Castelluzzo and James Castelluzzo Heirs of Monica Rittel. (If the item that this Attachment concerns is made under penalty of perjunr, all statements in this Page 4 of (0 Attachment are made under penalty of perjury. A pages as required) Form Approved for Optional Use . AWACHMENT Judicial Council of California M0025 (Rev. July 1. 2009] to Judicial Council Form m.couttinfo.ea.gov SHORT TITLE: - Castelluzzo, et. al. v. Hospital of San Diego County, et. a1. CASE NUMBER: FIRST CAUSE OF Negligence (number) ATTACHMENT TO Complaint l:l Cross-Complaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): Sylvia and James Castelluzzo alleges that defendant (name): Hospital of San Diego County, et. all mDoes 1 to 10 Page 5 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 (date): November 24, 2017 at (place): (description of reasons for liability): WRONGFUL DEATH 1 On or about November 23, 2017, Monica Rittel was admitted into Hospital of San Diego County. Monica Rittel was admitted because she was hyperverbal, agitated, and threatened to harm staff and herself. Monica Rittel was known to have signi?cant substance abuse issues coupled with her mental disorders. It was known that Monica Rittel was a danger to herself. Defendants placed Monica Rittel on a 72?hour hold from November 23, 2017 at 10:30 am through NoVember 26,2017 at 10: 30 am. Prior to the expiration of the 72-hour hold, Defendants discharged Monica Rittel on or about November 24,2017. Less than a day later, Monica Rittel was found dead. Defendants were negligent in their care, treatment, and ultimate discharge of Monica Rittel, a mentally ill individual who also had substance abuse issues. Monica Rittel was on a 72-hour hold and Defendants discharged Monica Rittel Within or before 24 hours Defendants failed to properly evaluate Monica Rittel during the 24 hours. Defendants improperly discharged Monica Rittel while Monica Rittel was still a danger to herself. As a direct and proximate result of Defendants' negligence, Plaintiffs suffered damages as described in page 4 of this pleading. Page 1 of 1 CAUSE OF Negligence (Rev. January 1. 2007] Code of Civil Procedure 425.12 0 (2) SHORT TITLE: Castelluzzo, et. al. v. Hespital of San Diego County, et. a1.. CASE NUMBER: SECOND CAUSE OF Negligence (number) ATTACHMENT T0 Complaint l:l Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Sylvia and James Castelluzzo alleges that defendant (name): Hospital of San Diego County, et. a1. [if] Does to 10 Page (0 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 (date): November 24, 2017 at (place): (description of reasons for liability): MEDICAL MALPRACTICE Defendants were negligent in their care, treatment, and ultimate discharge of Monica Rittel, a mentally ill individual who also had substance abuse issues. Monica Rittel was .on a 72-hour hold and Defendants discharged Monica Rittel within or before 24 hours. Defendants failed to properly evaluate Monica Rittel during the 24 hours. Defendants improperly discharged Monica Rittel while Monica Rittel was still a danger to herself. As a direct and proximate result of Defendants' negligence, Plaintiffs suffered damages as described in page 4 of this pleading. CAUSE OF Negligence [Rem January 1. 2007] Page 1 of 1 Code of Procedure 425.12