Mannatech Pays $750,000 to Settle Lawsuit
Charging Fraud and Invasion of Privacy

Stephen Barrett, M.D.


In 2004, Mannatech, several of its officers, and a chiropractor who was a major distributor were sued by the mother of a child who died of Tay-Sachs disease whose photograph was used to promote Mannatech products. According to the complaint:

The suit complaint (shown below) alleged intentional and negligent infliction of emotional distress, intentional and negligent misrepresentation, invasion of privacy, and unfair competition. In February 2005, Sam Castor and Dr. Kathryn Dykman were voluntarily dismissed as defendants. Later that year, Mannatech entered into a settlement that was confidential. However, company's annual 10-K report to the Securities and Exchange Commission indicates that it paid $750,000 and agreed to cease all references to the child.

[Note: To respect the plaintiff's privacy, her name and her son's name have been replaced by their initials (CS, YJS) in the document below.]


SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES

CS, acting individually and
a is a member of the general public,

Plaintiff,

vs.

MANNATECH INCORPORATED;
VICTORIA C. ARCADI, D.C.;
SAM CASTER, President of MANNATECH;
KATHRYN DYKMAN, M.D.;
JOHN DOE MANNATECH PRINCIPALS
and DOES 1 through 100, inclusive,

Defendants.


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Case No. LC069762

COMPLAINT FOR DAMAGES:

  1. Intentional Infliction of Emotional Distress
  2. Negligent Infliction of Emotional Distress
  3. Intentional Misrepresentation
  4. Negligent Misrepresentation
  5. Conspiracy to Commit Fraud
  6. Invasion of Privacy
  7. Unfair Competition pursuant to B&P Section 17200

Filed Nov 1, 2004

COMES NOW Plaintiff . . . and alleges as follows:

PARTIES

1. Plaintiff CS is, and at all times herein mentioned was, a citizen of Japan with temporary intermittent residency in the County of Los Angeles,

2. Defendant MANNATECH, INC. (hereinafter referred to as "MANNATECH" and at all times herein mentioned was, a Texas corporation authorized to do and doing business in the State of California and operating in this State as a multi-level marketing health products firm.

3. Defendant VICTORIA C. ARCADI, D.C. (hereinafter referred to as "ARCADI") is, and at all times herein mentioned was, the Direct Sales Director of Defendant MANNATECH and a practicing chiropractor with her principal place of business at 13371 Ventura Boulevard, Sherman Oaks, California 91423.

4. Defendant SAM CASTER was, at all times herein mentioned, President of Defendant MANNATECH INCORPORATED.

5. Defendant KATHRYN DYKMAN, M.D. was, at all times herein mentioned, a principal of Defendant MANNATECH.

6. Defendant JOHN DOE MANNATECH PRINCIPALS (hereinafter referred to as 'PRINCIPALS") are, and at all times herein mentioned were, principals of Defendant Mannatech, Inc.

7. Plaintiff is ignorant of the true names and capacities of Defendants Does 1 through 50, inclusive, whether individual, corporate, associate or otherwise, and therefore sues said defendants by such fictitious names, and Plaintiff will pray leave to amend this Complaint to show their true names and capacities when the same are ascertained. Plaintiff is informed and believes that each of the Defendants named herein as a Doe is legally responsible for the events and happenings herein described and for the damages proximately caused thereby.

8. At all times herein mentioned, Defendants, and each of them, were the agents, servants, and employees of each of the remaining co-Defendants and, in doing the things hereafter alleged, were acting in the course and scope of their authority as such agents, servants and employees and with the permission and consent of their co-Defendants.

STATEMENT OF FACTS

9. Plaintiff CS gave birth to her son YJS on December 21, 1992, in Glendale, California, after which time, she returned with her family to her native Japan. At approximately 14 months of age, YJS was tentatively diagnosed with Tay-Sachs disease at the St. Marianna University School of Medicine in Kawasaki, Japan. Thereafter, as Tay-Sachs was a disease rarely occurring in Asian populations, Plaintiff brought YJS to the United States to consult with a pediatric neurologist at Cedars-Sinai Medical Center in Los Angeles in order to provide her son with the most advanced care available. The diagnosis of Tay-Sachs disease was confirmed by the Medical Genetics-Birth Defects Center at Cedars-Sinai Medical Center.

10. After diagnosis, Plaintiffs son treated with various physicians and facilities. In or about September of 1996, Plaintiff was referred by the mid-wife who assisted in her son's delivery to the offices of Defendant ARCADI. After an initial chiropractic examination, Defendant ARCADI recommended augmenting YJS's treatment with nutritional supplements distributed and sold by Defendant MANNATECH, for whom Defendant ARCADI acted as a direct sales distributor and director.

11. Plaintiff commenced giving her son the Mannatech products in addition to regular specialized meals and treatments which he had previously been receiving. The treatment and feeding regime Plaintiff had created included a high-calorie Soy-based formula produced by another company, to which Plaintiff added royal jelly, molasses, Emu oil, Lysine, Cytosine, vitamins, minerals, Ginseng and other herbal remedies. As a result of feeding her son this concoction nine times a day, Plaintiffs son experienced a weight gain of several pounds and temporary improvement in his general medical condition.

12. In or about the spring of 1997, during one of YJS's chiropractic examinations. Plaintiff provided to Defendant ARCADI pictures of her son's weight gain for the sole purpose of [the boy]'s treatment with the expectation that, as YJS's treating physician, Defendant would maintain any information on her patient, including photographs depicting his medical condition, confidential and would not disseminate the photographs without authorization Plaintiff did not provide Defendant ARCADI written or oral consent for her son's photographs to be utilized for any purpose other than his own personal medical treatment and trusted that Defendant ARCADI would maintain patient confidentiality in her role as a medical professional.

13. In or about May of 1997, during a demonstration seminar sponsored by Defendant MANNATECH and attended by several hundred people, Defendant ARCADI displayed reproductions of the photographs of YJS, in some of which Plaintiffs son was naked, photographs which Plaintiff had provided to ARCADI, but which she never intended to be viewed by strangers.

14. In or about June of 1997, Plaintiff discovered that not only were her son's photographs being displayed at MANNATECH seminars and presentations, but that the photographs were being disseminated to Mannatech distributors for their use in marketing and promoting Mannatech products at sales meetings and other venues.

15. When Plaintiff discovered the extensive and large-scale dissemination of her son's photographs, and on or about June 30, 1997, Plaintiff protested to Defendant MANNATECH. in a letter sent directly to its President, Defendant CASTER, requesting that the unauthorized circulation of YJS's photographs be terminated immediately. Defendants MANNATECH md CASTER denied responsibility.

16. When Plaintiff discovered the extensive and large-scale dissemination of her son's photographs, and on or about July 1997, Plaintiff protested, on three separate occasions, to ARCADI, requesting that the unauthorized circulation of YJS's photographs be terminated immediately. Defendant ARCADI promised to protect YJS's privacy, but did not return Plaintiffs photographs as requested.

17. Irrespective of Plaintiffs continuation of her son's feeding regime, his medical condition deteriorated and on August 15, 1997, YJS died.

18. In or about August 1997, Defendant ARCADI and other principals of Defendant MANNATECH published an article entitled "A Case Study: Tay-Sachs Disease Improvement during Nutritional Supplementation" in the Journal of the American Nutraceutical Association featuring a case report on YJS, in which YJS, then deceased, was described as "interacting with his environment and exhibiting physical and vocal communication," which was attributed to the addition of nutritional supplements to his diet.

19. Upon learning that not only were YJS's photographs being disseminated without her authorization, but that the family's story of their fight against Tay-Sachs disease were being used to market and promote Mannatech products after YJS's death, Plaintiff again requested Defendants MANNATECH, CASTER and ARCADI to cease and desist using her ion's likeness and story in marketing Mannatech products.

20. As a result of Plaintiffs demands to Defendants MANNATECH, CASTER and ARCADI, Plaintiff was led to believe the distribution of her son's likeness and story would be discontinued and, as such, Plaintiff was lulled into a sense of security and persuaded not to take my legal action as a result of the representations of Defendants.

21. On or about March 25, 2004, Plaintiff received an e-mail from Magdalena Flores, a resident of Mexico and the aunt of a child diagnosed with Tay-Sachs, who had seen photographs of the alleged progress and improvement YJS had experienced while utilizing Mannatech products posted on a current web site location, with the clear inference that YJS was alive and doing well some seven years after his actual death.

22. As a result of her receipt of the e-mail from Ms. Flores, Plaintiff contacted the National Tay Sachs & Allied Diseases Association, as well as undertaking her own Internet investigation, and ascertained that Defendants MANNATECH, ARCADI and MANNATECH PRINCIPALS were continuing to disseminate YJS's likeness and their family story on a world-wide basis, without her authorization and that their unauthorized use had continued unabated since late 1997, causing those afflicted with Tay-Sachs disease and their families to have false hope based on the misrepresentations made by Defendants.

FIRST CAUSE OF ACTION
(For Intentional Infliction of Emotional Distress Against All Defendants)

23. Plaintiff realleges and incorporate herein by reference all of the allegations set forth in paragraphs 1 through 22 as though fully set forth herein.

24. Defendants, and each of them, had knowledge of Plaintiffs particular susceptibility to emotional distress due to her son's devastating illness, her aggressive and unceasing attempts to discover and establish a successful treatment regime for him, and her pledge to maintain her son's dignity by maintaining the confidentiality of his medical condition.

25. At all times herein mentioned and up to and including March 25, 2004, Defendants, and each of them, unconscionably used Plaintiffs private and personal information, including confidential medical information pertaining to her son, photographs of YJS's medical condition and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease, without Plaintiffs authorization or consent, to market and promote Mannatech products.

26. At all times herein mentioned and up to and including March 25, 2004, Defendants, and each of them, unconscionably disseminated Plaintiffs private and personal information, including confidential medical information pertaining to her son, photographs of YJS's medical condition and the story of the battle waged by Plaintiff and her family to overcome Tay- Sachs disease, to Mannatech distributors and the general public to market and promote Mannatech products.

27. At all times herein mentioned, Defendants, and each of them, continued the use and dissemination of Plaintiffs personal and private information, as described herein, after Defendants, and each of them, had given Plaintiff assurances that such usage and dissemination would cease after her son's death.

28. In direct contravention of the assurances given by Defendants, and each of them, Plaintiffs personal and private information, including her son's likeness and the story of her family's fight against an unbeatable disease, continued to be used and disseminated by Defendants, and each of them, without Plaintiffs knowledge or authorization on a continual basis from the time of YJS's death in August of 1997 through at least March 25, 2004.

29. The conduct of Defendants, and each of them, was intentional and malicious insofar as their actions were taken with knowledge that Plaintiffs emotional and physical distress would increase as a result of their conduct, but nevertheless undertook and continued such conduct with a wanton and reckless disregard of the consequences to Plaintiff.

30. As a proximate result of the conduct alleged herein, Plaintiff suffered humiliation, mental anguish, and emotional and physical distress, and has been injured in mind and body, all to Plaintiffs damage in an amount presently unknown. Plaintiff will seek leave of Court to amend this Complaint to set forth the fall amount of damage sustained when ascertained.

31. As a further proximate result of the conduct alleged herein, Plaintiff has incurred and will in the future incur, sundry expenses in the examination, care and treatment of Plaintiffs physical and emotional injuries, the exact nature and extent of which are presently unknown to Plaintiff. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained when ascertained.

32. The acts of Defendants, and each of them, were wilful, wanton, malicious and oppressive, and justify the awarding of exemplary and punitive damages.

SECOND CAUSE OF ACTION
(For Negligent Infliction of Emotional Distress Against All Defendants)

33. Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 22 as though fully set forth herein.

34. Defendants, and each of them, were aware and knew, or should have known, of Plaintiffs particular susceptibility to emotional distress due to her son's devastating illness, her aggressive and unceasing attempts to discover and establish a successfa1 treatment regime for him, and her pledge to maintain her son's dignity by maintaining the confidentiality of his medical condition.

35. At all times herein mentioned and up to and including March 25, 2004, Defendants, and each of the, engaged in negligent conduct by unconscionably using Plaintiffs private and personal information, including confidential medical information pertaining to her son, photographs of YJS's medical condition and the story of the battle waged by his family to overcome Tay-Sachs disease, without Plaintiffs authorization or consent, to market and promote Mannatech products.

36. At all times herein mentioned and up to and including March 25, 2004, Defendants, and each of them, engaged in negligent conduct by unconscionably disseminating Plaintiffs private and personal information, including confidential medical information pertaining to her son, photographs of YJS's medical condition and the story of the battle waged by his family o overcome Tay-Sachs disease, to Mannatech distributors and the general public to market and promote Mannatech products.

37. At all times herein mentioned, Defendants, and each of them, continued the use and dissemination of Plaintiffs personal and private information, as described herein, after defendants, and each of them, had given Plaintiff assurances that such usage and dissemination would cease after her son's death.

38. In direct contravention of the assurances given by Defendants, and each of them, Plaintiff s personal and private information, including her son's likeness and the story of her Family's fight against an unbeatable disease, continued to be used and disseminated by Defendants, and each of them, without Plaintiffs knowledge or authorization, on a continual basis from the time of YJS's death in August of 1997 through at least March 25, 2004.

39. As approximate result of the negligent conduct of Defendants, and each of them, and the consequences proximately caused thereby, Plaintiff has suffered severe emotional distress and mental suffering, all to her damage in a sum which cannot be presently ascertained. Plaintiff will seek leave of court to amend this Complaint to set forth the fall amount of said damage when ascertained.

40. As a farther proximate result of the negligent conduct of Defendants, and each of them, Plaintiff has incurred and will in the future incur, sundry expenses in the examination, care and treatment of Plaintiffs physical and emotional injuries, the exact nature and extent of which are presently unknown to Plaintiff. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained when ascertained.

THIRD CAUSE OF ACTION
(For Intentional Misrepresentation Against All Defendants)

41. Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 22 as though folly set forth herein.

42. At some point after August 15, 1997, Defendants, and each of them, falsely and fraudulently represented to Plaintiff that they would cease and desist in using and disseminating Plaintiffs personal and private information, including confidential medical information pertaining to her son, photographs of YJS's medical condition and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease to promote and market Mannatech products.

43. The representations made by Defendants, and each of them, that they would cease md desist in using and disseminating Plaintiffs personal and private information were false. fie true facts were that Defendants, and each of them, continued to use and disseminate Plaintiffs personal and private information, including confidential medical information pertaining to her son, photographs of YJS's medical condition and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease, to promote and market Mannatech products from the time of YJS's death in August of 1997 through, at least, March 25, 2004.

44. When Defendants, and each of them, made these representations to Plaintiff, they knew them to be false. Defendants, and each of them, made such material misrepresentations with an intent to deceive Plaintiff and with the intent and reasonable expectation of inducing Plaintiff to rely upon these representations, all to Plaintiffs detriment.

45. Plaintiff, at the time these representations were made by Defendants, and each of them, was ignorant of the falsity of Defendants' representations and believed them to be true. In justifiable reliance on these representations, Plaintiff was lulled into a false sense of security and was induced to forebear from taking any legal, or other, action to stop the unauthorized use and dissemination of the information described herein.

46. On or about March 25, 2004, Plaintiff became aware for the first time of the continuing use and dissemination of her son's likeness and her personal family story of their battle against Tay-Sachs disease and the intentional misrepresentations made to her by Defendants, and each of them.

47. As a proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff was subjected to extreme emotional distress and torment by being forced to relive the torturous final months of her son's life some seven years after his death.

48. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained injury to her health, strength and activity, all of which injuries have caused, and continue to cause, Plaintiff great mental, physical and nervous pain and suffering. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

49. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained, and will continue to sustain, disabling, serious and permanent physical and emotional injuries, all to Plaintiffs general damage in an amount presently unascertainable. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

50. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has incurred and will in the future incur, sundry expenses in the examination, care and treatment of Plaintiffs physical and emotional injuries, the exact nature and extent of which are presently unknown to Plaintiff. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained when ascertained.

51. The acts of Defendants, and each of them, were wilful, wanton, malicious and oppressive, and justify the awarding of exemplary and punitive damages.

FOURTH CAUSE OF ACTION
(For Negligent Misrepresentation Against All Defendants)

52. Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 22 as though fully set forth herein.

53. At some point after August 15, 1997, Defendants, and each of them, falsely and fraudulently represented to Plaintiff that they would cease and desist in using and disseminating Plaintiffs personal and private information, including confidential medical information pertaining to her son, photographs of YJS's medical condition and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease to promote and market Mannatech products.

54. The representations made by Defendants, and each of them, that they would cease and desist in using and disseminating Plaintiffs personal and private information were false. The true facts were that Defendants, and each of them, continued to use and disseminate Plaintiffs personal and private information, including confidential medical information pertaining to her son, photographs of YJS's medical condition and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease, to promote and market Mannatech products from the time of YJS's death in August of 1997 through, at least, March 25, 2004.

55. When Defendants, and each of them, made these representations to Plaintiff, they had no reasonable ground for believing them to be true, in that they knew, or should have known, that Plaintiff's personal and private information as described herein was continuing to be used and disseminated by Defendants to Mannatech distributors and to the general public.

56. Defendants, and each of them, made these representations with the intention of inducing Plaintiff to act in reliance on these representations in the manner hereafter alleged, or with the expectation that Plaintiff would so act.

57. Plaintiff, at the time these representations were made by Defendants, and each of them, was ignorant of the falsity of Defendants' representations and believed them to be true. In justifiable reliance on these representations, Plaintiff was lulled into a false sense of security and was induced to forebear from taking any legal, or other, action to stop the unauthorized use and dissemination of the information described herein.

58. On or about March 25, 2004, Plaintiff became aware for the first time of the continuing use and dissemination of her son's likeness and her personal family story of their battle against Tay-Sachs disease and the intentional misrepresentations made to her by Defendants, and each of them.

59. As a proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff was subjected to extreme emotional distress and torment by being forced to relive the torturous final months of her son's life some seven years after his death.

60. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained injury to her health, strength and activity, all of which injuries have caused, and continue to cause, Plaintiff great mental, physical and nervous pain and suffering. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

61. As a farther proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained, and will continue to sustain, disabling, serious and permanent physical and emotional injuries, all to Plaintiffs general damage in an amount presently unascertainable. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained as a result thereof when ascertained.

62. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has incurred and will in the future incur, sundry expenses in the examination, care and treatment of Plaintiffs physical and emotional injuries, the exact nature and extent of which are presently unknown to Plaintiff. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained when ascertained.

FIFTH CAUSE OF ACTION
(For Conspiracy to Commit Fraud Against All Defendants)

63. Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 22 as though fully set forth.

64. Plaintiff is informed and believes and, thereon alleges, that at times presently unknown to Plaintiff, Defendants, and each of them, knowingly and wilfully conspired and agreed among themselves to perpetrate a fraud on Plaintiff in order to utilize her personal and private information to promote and market Mannatech products and to induce the general public to purchase Mannatech products based on Plaintiffs implied endorsement for Defendants' own enrichment.

65. Pursuant to said conspiracy, and in furtherance thereof, Defendants, and each of them, represented to Plaintiff that they would cease and desist in using and disseminating Plaintiffs personal and private information, including confidential medical information pertaining to her son, photographs of YJS's medical condition and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease, to promote and market Mannatech products.

66. Defendants, and each of them, demonstrated their agreement to perpetrate a fraud on Plaintiff, by virtue of the fact that they knew that the representations made by them were false and that they did not intend to cease and desist in using and disseminating Plaintiffs personal and private information as evidenced by Defendants' continuing use of confidential medical information pertaining to Plaintiffs son, photographs of YJS's medical condition and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease up to, at least, March 25, 2004.

67. Plaintiff, at the time these representations were made by Defendants, and each of them, was ignorant of the falsity of Defendants' representations and believed them to be true and in justifiable reliance on these representations, Plaintiff was lulled into a false sense of security and was induced to forebear from taking any legal, or other, action to stop the unauthorized use and dissemination of the information described herein.

68. On or about March 25, 2004, Plaintiff became aware for the first time of the continuing use and dissemination of her son's likeness and her personal family story and thai Defendants, and each of them, had entered into a conspiracy to defraud her as described herein.

69. As a proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff was subjected to extreme emotional distress and torment by being forced to relive the torturous final months of her son's life some seven years after his death.

70. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained injury to her health, strength and activity, all of which injuries have caused, and continue to cause, Plaintiff great mental, physical and nervous pain and suffering. Plaintiff will seek leave of court to amend this Complaint to set forth the fall amount if damage sustained as a result thereof when ascertained.

71. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has sustained, and will continue to sustain, disabling, serious and permanent physical and emotional injuries, all to Plaintiffs general damage in an amount presently unascertainable. Plaintiff will seek leave of court to amend this Complaint to set forth he full amount of damage sustained as a result thereof when ascertained.

72. As a further proximate result of the wrongful acts perpetrated by Defendants, and each of them, Plaintiff has incurred and will in the future incur, sundry expenses in the examination, care and treatment of Plaintiffs physical and emotional injuries, the exact nature md extent of which are presently unknown to Plaintiff. Plaintiff will seek leave of court to amend this Complaint to set forth the full amount of damage sustained when ascertained.

SIXTH CAUSE OF ACTION
(For Invasion of Privacy Against All Defendants)

73. Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 22 as though fully set forth herein.

74. The right of privacy is protected by the California Constitution, Article I, Section 1

75. At all times herein mentioned and up to and including the present, Plaintiff had E legally protected interest in her personal and private information, including confidential medical information pertaining to her son, photographs of YJS's medical condition, and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease.

76. At all times herein mentioned and up to and including the present, Plaintiff had E reasonable expectation of privacy in her personal and private information as described herein and was assured by Defendants, and each of them, that her personal and private information including confidential medical information pertaining to her son, photographs of YJS's medical condition, and the story of the battle waged by Plaintiff and her family to overcome Tay Sachs disease would not be disseminated to promote and market Mannatech products for Defendant MANNATECH's financial gain.

77. On or about March 25, 2004, Plaintiff became aware for the first time of the continuing dissemination of her son's likeness and her personal family story of their battle against Tay-Sachs disease.

78. The conduct of Defendants, and each of them, in disseminating Plaintiffs personal and private information as described herein constituted a serious invasion of Plaintiffs right to privacy and such an egregious breach of social norms that Plaintiff was, as a result thereof, objected to extreme emotional distress and torment by being forced to relive the torturous final months of her son's life some seven years after his death.

79. As a proximate result of the conduct of Defendants, and each of them, Plaintiff has suffered emotional distress, mental suffering and invasion of her Constitutional right to privacy in a sum which is presently unascertainable. Plaintiff will seek leave of court to amend this complaint to set forth the full amount of said damage when ascertained.

80. The acts of Defendants, and each of them, were wilful, wanton, malicious and oppressive, and justify the awarding of exemplary and punitive damages.

SEVENTH CAUSE OF ACTION
(For Unfair Competition pursuant to Business & Professions Code
Section 17200 Against All Defendants)

81. Plaintiff realleges and incorporates herein by reference all of the allegations set forth in paragraphs 1 through 22 as though fully set forth herein.

82. In or about May 1997 through, at least, March 25, 2004, Defendants, and each of them, unconscionably and without authorization, used and disseminated personal and private information of Plaintiffs, including confidential medical information pertaining to her son. photographs of YJS's medical condition, and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease to promote and market Mannatech products.

83. Plaintiff is informed and believes, and thereon alleges, that Defendants, and each of them, used and disseminated Plaintiffs personal and private information, with Plaintiffs implied endorsement, which was neither given nor requested, and without Plaintiffs consent or authorization, for the sole purpose of Defendant's financial gain and enrichment.

84. Defendants, and each of them, unless restrained, will continue to use and disseminate plaintiff s personal and private information as described herein for purposes of their own enrichment and financial gain.

85. The conduct of Defendants, and each of them, as described herein, constitutes unfair competition in violation of California Business & Professions, Section 17200.

86. Plaintiff, and each member of the general public who has had personal and confidential information used and disseminated by Defendants, and each of them, without consent or authorization, to promote and market Mannatech products, have suffered damage in presently unknown amount to be proven at the time of trial.

WHEREFORE, Plaintiff CS, prays for judgment against Defendants, and each of them, as follows:

FIRST CAUSE OF ACTION:

  1. For general damages according to proof;
  2. For medical and related expenses according to proof;
  3. For future medical and related expenses according to proof;
  4. For interest thereon at the legal rate;
  5. For an award of exemplary and punitive damages;
  6. For costs of suit incurred herein; and
  7. For such other and further relief as to the Court may seem just and proper.

SECOND CAUSE OF ACTION:

  1. For general damages according to proof;
  2. For medical and related expenses according to proof;
  3. For future medical and related expenses according to proof;
  4. For interest thereon at the legal rate;
  5. For costs of suit incurred herein; and
  6. For such other and further relief as to the Court may seem just and proper.

THIRD CAUSE OF ACTION:

  1. For general damages according to proof
  2. For medical and related expenses according to proof;
  3. For future medical and related expenses according to proof;
  4. For interest thereon at the legal rate;
  5. For an award of exemplary and punitive damages;
  6. For costs of suit incurred herein; and
  7. For such other and further relief as to the Court may seem just and proper.

FOURTH CAUSE OF ACTION:

  1. For general damages according to proof;
  2. For medical, and related expenses according to proof;
  3. For future medical and related expenses according to proof;.
  4. For interest thereon at the legal rate;
  5. For costs of suit incurred herein; and
  6. For such other and further relief as to the Court may seem just and proper.

FIFTH CAUSE OF ACTION:

  1. For general damages according to proof;
  2. For medical and related expenses according to proof;
  3. For future medical and related expenses according to proof;
  4. For interest thereon at the legal rate;
  5. For costs of suit incurred herein; and
  6. For such other and further relief as to the Court may seem just and proper.

SIXTH CAUSE OF ACTION:

  1. For general damages according to proof;
  2. For medical and related expenses according to proof;
  3. For future medical and related expenses according to proof;
  4. For interest thereon at the legal rate;
  5. For an award of exemplary and punitive damages;
  6. For costs of suit incurred herein; and
  7. For such other and farther relief as to the Court may seem just and proper.

SEVENTH CAUSE OF ACTION:

  1. For a temporary restraining order, a preliminary injunction and a permanent injunction, enjoining Defendants, and each of them, and their agents, servants, employees and all those acting in concert with them from taking action in derogation of Plaintiffs rights, including but not limited to, using and/or disseminating Plaintiff s personal and private information, including confidential medical information pertaining to her son, photographs of YJS's medical condition, and the story of the battle waged by Plaintiff and her family to overcome Tay-Sachs disease, for any purpose whatsoever;
  2. For an order requiring Defendants, and each of them, to restore all funds acquired by means of any act or practice declared by this Court to be unlawful or fraudulent or to constitute unfair competition under Business & Professions Code, Section 17200 et seq.;
  3. For an award of attorney's fees pursuant to Code of Civil Procedure, Section 1021.5;
  4. For costs of suit incurred herein; and
  5. For such other and further relief as to the Court may seem just and proper.

DAVID J. WILZIG CSBN 56232
LAW OFFICES OF DAVID J. WILZIG
A Professional Corporation
1900 Avenue of the Stars, Suite 1900
Los Angeles, California 90067
Tel. (310) 286-1188
Fax (310) 286-2711

Attorney for Plaintiff

This page was revised on December 3, 2010.

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