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James Alan Bush 650 South Fifth Street San Jose, California 95112 (408) 791-4866 theoknock@gmail.com Plaintiff in pro per

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA UNLIMITED JURISDICTION

JAMES ALAN BUSH, Plaintiff, vs. VICTOR SALAZAR, Defendants. Plaintiff alleges:

Case No.: COMPLAINT FOR DAMAGES FOR CONVERSION AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS [Civ. Code 3336]

1. Plaintiff, James Alan Bush, is an individual and is now, and at all times mentioned in this complaint was, a resident of Santa Clara County, California. 2. Defendant, Victor Salazar, is now, and at all times mentioned in this complaint was, an individual and is now, and at all times mentioned in this complaint was, a resident of Santa Clara County, California. 3. On or about May 18th, 2012, plaintiff was in possession and had the right to immediate possession and was the owner with right to possession of certain personal property consisting of an Apple 85W MagSafe Power Adapter ($85), AirPort Express Base Station ($99), Apple USB Superdrive ($79), a power strip ($29), 4 1ml vials of Testosterone Cypionate 200mg/ml ($240), 30 capsules of Amoxicillin 500mg ($30), miscellaneous

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toiletries, and Superior Court correspondence and other mail. 4. On or about May 18th, 2012, the property described in paragraph 3 of this complaint had a reasonable fair market value of $562. 5. On or about May 18th, 2012, defendant, without the consent or authority and against the will of plaintiff, entered into the room leased by plaintiff by using a key to unlock plaintiff's door and stole the property described in paragraph 3, and thereby converted it to his own use. 6. The defendant's intrusions were of a continuing and repeated nature from the time plaintiff leased the room on March 18th, 2012, and until June 15th, 2012, and were without any right, authority, privilege or necessity to do so. Also during this time, the defendant changed the deadbolt lock to plaintiff's apartment without providing a key; so, whenever the defendant was home, he refused entry to plaintiff to his apartment by locking the deadbolt and failing to answer the door, thus forcing plaintiff to enter his apartment through his bedroom window. Defendant has also shouted at plaintiff and threatened him, which resulted in police intervention, in which the defendant was ejected from the apartment overnight. Defendant has refused to make repairs to a leaky toilet, and has occasionally flooded the bathroom intentionally. Defendant also refused to pay a preexisting utility bill for nearly an entire week during plaintiff's initial tenancy, which spoiled all of plaintiff's food that was stored in his refrigerator. 7. Between the time of defendant's conversion and the filing of this action, plaintiff was forced to purchase a new Apple 85W MagSafe Power Adapter, in the amount of $85; however, plaintiff recovered the Apple USB Superdrive, valued at $79, which defendant personally returned to him upon request, and plaintiff personally recovered the power strip, valued at $29. Otherwise, plaintiff has been deprived of the use and possession of the remaining property, which included prescription medication, as well as time-sensitive legal mail, which resulted in the dismissal of a case important to plaintiff.

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8. Defendant's actions were outrageous, intentional, and malicious, and done with reckless disregard of the fact that the actions would certainly cause plaintiff to suffer severe emotional and physical distress. 9. As a direct and proximate result of defendant's conduct, plaintiff has suffered general damages in an amount to be determined by proof at trial. 10. Defendant's conduct was done knowingly, willfully and with malicious intent, and plaintiff is entitled to punitive damages in an amount to be determined by proof at trial. WHEREFORE, plaintiff requests judgment against defendant for the following: 1. damages for the value of the property at the time of the conversion in the amount of $454. 2. prejudgment interest at the legal rate on the value of the converted property pursuant to Civil Code section 3336; 3. general damages according to proof; 4. punitive damages; and, 5. any other and further relief that the court considers proper. Dated: Wednesday, June 27th, 2012 By: __________________________________ JAMES ALAN BUSH Plaintiff in pro per