05-1-1356-07 SSM COMPLAINT



Similar documents
2000 MAR 13 PM 3:36 CLERK H. CHING FIRST CIRCUIT COURT STATE OF HAWAII FILED

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII

CAUSE NO. PLAINTIFF S ORIGINAL PETITION. Greg Abbott, and complains of OLD UNITED LIFE INSURANCE COMPANY ( Defendant ), and I.

IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Fraud - Trading Commodity Futures

) CIVIL NO. v. ) WORLD CLASS NETWORK, INC., ) a Nevada corporation; ) COMPLAINT FOR ) RELIEF. DANIEL R. DIMACALE, an individual; )

Case 2:06-cv JF-SDP Document 69 Filed 02/25/2008 Page 1 of 15

OFFICE OF ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS,

How To Get A Court Order To Stop A Fraudster From Selling Securities In Idaho

Case 1:14-cv Document 1 Filed 07/14/14 Page 1 of 17 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATES DISTRICT COURT DISTRICT OF

Case 2:13-cv TOR Document 1 Filed 07/30/13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

CAUSE NO. PLAINTIFF S ORIGINAL PETITION, APPLICATION FOR EX PARTE TEMPORARY RESTRAINING ORDER, AND TEMPORARY AND PERMANENT INJUNCTION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

8:13-cv GRA Date Filed 02/07/13 Entry Number 12 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON DIVISION

- "'. --, ,-~ ') " UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA. Federal Trade Commission,

IN THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION : : : : : : : : : : : :

Case 2:13-cv DS Document 1 Filed 08/08/13 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

ORDERED, ADJUDGED AND DECREED,

IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF

IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION

Case4:15-cv DMR Document1 Filed09/16/15 Page1 of 11

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

PLAINTIFF'S ORIGINAL PETITION AND APPLICATION FOR INJUNCTIVE RELIEF. against LEAD CONCEPTS, INC. and CHRISTOPHER WEIR (collectively referred to as

The U.S. Commodity Futures Trading Commission ("CFTC" or "Commission"), by and

Case 3:06-cv MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

STATE OF COLORADO, ex rel. JOHN W. SUTHERS, ATTORNEY GENERAL, Plaintiff,

Case 2:13-cv XXXX Document 1 Entered on FLSD Docket 02/04/2013 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

How To File A Lawsuit Against A Corporation In California

IN THE CIRCUIT COURT OF THE 9 th JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

Case 2:09-cv GZS Document 1 Filed 02/17/2009 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

Case 3:15-cv LAB-BLM Document 1 Filed 03/16/15 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

UNITED STATES DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR POLK COUNTY

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES BANKRUPTCY COURT DISTRICT OF MAINE

Case 1:14-cv RBW Document 21 Filed 01/29/15 Page 1 of 15 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Relief Defendants.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING

Case 1:14-cv WGY Document 1 Filed 05/16/14 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS COMPLAINT AND JURY DEMAND

COURT USE ONLY COMPLAINT

Case 1:07-cv RPM Document 1 Filed 03/20/2007 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 2:11-cv GMS Document 1 Filed 12/21/11 Page 1 of 11

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS ) ) ) ) ) ) ) ) ) ) )

Case 1:11-cv LEK -RLP Document 1 Filed 05/03/11 Page 1 of 10 PageID #: 1 UNITED STATES DISTRICT COURT DISTRICT OF HAWAII. Case No.

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case 1:10-cv JBS -KMW Document 1 Filed 01/12/10 Page 1 of 21 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

ex rel. BILL LOCKYER, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA,

JAIME M. HAWLEY, NAN X. ESTRELLA, UNITED STATES DISTRICT COURT i~, I:, ~lsn~ict FOR THE MIDDLE DISTRICT OF FLORID CQU?

DISTRICT COURT. EL PASO COUNTY. COLORADO 270 S. Tejon Colorado Springs, Colorado STATE OF COLORADO, ex rel. JOH1. W. SUTHERS, ATTORNEY GENERAL,

Case5:15-cv HRL Document1 Filed01/28/15 Page1 of 12

STATE OF WASHINGTON SNOHOMISH COUNTY SUPERIOR COURT NO. Attorney General, and Audrey L. Udashen, Assistant Attorney General, brings this action

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION

IN THE IOWA DISTRICT COURT FOR POLK COUNTY

05C SEP 2 7 a@ IN THE UNITED STATES DISTRICT COURT R ~ ~ ~! % FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DMSION FEDERAL TRADE COMMISSION,

CAUSE NO. STATE OF TEXAS, IN THE DISTRICT COURT OF Plaintiff LIFESTREAM PURIFICATION SYSTEMS, LLC. DALLAS COUNTY, T E X A S

CASE 0:12-cv RHK-TNL Document 1 Filed 09/14/12 Page 1 of 13 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) ) )

How To Get A Court Order To Stop A Man From Selling A Car To A Woman

Case 3:14-cv M Document 1 Filed 05/19/14 Page 1 of 9 PageID 1

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 2:13-cv Document 1 Filed 06/05/13 Page 1 of 10

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

AMENDED CLASS ACTION COMPLAINT

JOHN THANH HOANG, individually and ) L0

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

APPROVED Movant shall serve copies of this ORDER on

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION

Case 4:11-cv Document 1 Filed 10/12/11 Page 1 of 13 PageID #: 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

SUPREME COURT OF PENNSYLVANIA DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE RECOMMENDATION 140

Case: 1:15-cv Document #: 1 Filed: 06/30/15 Page 1 of 21 PageID #:1

Case 6:14-cv JA-DAB Document 53 Filed 02/25/14 Page 1 of 23 PageID 1974

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION ) ) ) ) ) ) ) ) ) ) COMPlAINT

Case 3:14-cv HU Document 1 Filed 04/23/14 Page 1 of 12 Page ID#: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Civil Division

13cv8257 Judge Virginia M. Kendall Magistrate Jeffrey T. Gilbert

Case 1:10-cv WGY Document 1 Filed 03/23/10 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

No. Plaintiff Kelvin Bledsoe ( Plaintiff ), by his undersigned counsel, brings claims

violations of the Texas Deceptive Trade Practices Consumer Protection Act ( DTPA ). 1 The

Case 3:14-cv L Document 1 Filed 12/17/14 Page 1 of 10 PageID 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

NO. PLAINTIFF'S ORIGINAL PETITION. Plaintiff the STATE OF TEXAS, acting by and through the Attorney General of Texas,

Broadband Graphics - infringement of Patent Law and Procedure

BUSINESS ASSOCIATE AGREEMENT ( BAA )

DISTRICT COURT, DENVER COUNTY, COLORADO

)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY DEFENDANT S ANSWER

Michie's Legal Resources. This part shall be known and may be cited as the Tennessee Identity Theft Deterrence Act of [Acts 1999, ch. 201, 2.

FILED 15 JUL 27 AM 9:22

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. Plaintiff, Civil Action No. v. Defendants.

Transcription:

JEFFREY E. BRUNTON #2833 Office of Consumer Protection 235 South Beretania Street, Room 801 Honolulu, Hawaii 96813-2437 Telephone: 586-2636 Attorney for Plaintiff IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII STATE OF HAWAII, by its Office of Consumer Protection CIVILNO. (Other Civil Action) 05-1-1356-07 SSM vs. Plaintiff, COMPLAINT and SUMMONS PACIFIC EDUCATIONAL SERVICES COMPANY, a Nevada corporation dba Hawaii College of Pharmacy: DENISE A. CRISWELL aka Deedee Criswell aka DeDe Criswell aka Denise Criswell Nakajima and DAVID CHAMPION MONROE fka David Yacas, Defendants. COMPLAINT Plaintiff, for a cause of action against the above-named Defendants, avers and alleges that:

ALLEGATIONS COMMON TO ALL COUNTS 1. This is an action brought by the Office of Consumer Protection of the State of Hawaii pursuant to Hawaii Rev. Stat. Chapters 446E, 480 and 487 seeking to enjoin Defendants from engaging in certain acts or practices in violation of Hawaii's consumer protection laws and to obtain other and additional relief. 2. This Court has jurisdiction over this matter pursuant to Hawaii Rev. Stat. 480-21 and 603-21.5. 3. Venue in the City and County of Honolulu, State of Hawaii, is proper under Hawaii Rev. Stat. 603-36. 4. Defendant Pacific Educational Services Company ("PES") is a Nevada for-profit corporation. On April 23, 2003, PES applied for and was issued a Certificate of Authority for Foreign Corporation from the Business Registration Division of the State of Hawaii. 5. Defendant Denise A. Criswell ("Criswell") is the president, chief executive officer and chairman of the board of directors of PES. She is believed to be a resident of Kentucky, Nevada or Hawaii. Defendant Criswell has also used the names DeeDee Criswell, Dede Criswell and Denise Criswell Nakajima. 6. Defendant David C. Monroe ("Monroe") is the secretary and a director of PES. At various times, he has held himself out to be the Vice Chairman of the Board, Chief Operating Officer and "planning strategist" of PES. He is believed to be a resident of Kentucky, Nevada or Hawaii. Defendant Monroe has also been known as David Yacas. 2

7. In September 2003, PES registered the trade name Hawaii College of Pharmacy ("HICP") with the Business Registration Division of the State of Hawaii. 8. Upon learning of PES' registration of the trade name HICP, Plaintiff notified Defendants of the existence and requirements contained in Hawaii's Unaccredited Degree Granting Institution law, Hawaii Rev. Stat. Chapter 446E. that: 9. In response, Defendants assured Plaintiff in September 2003 "Pacific Educational Services, dba, Hawaii College of Pharmacy has NO current students enrolled as we will not enroll or officially accept students into the program until the application for pre-candidacy to the American Council on Pharmaceutical Education has been submitted and approved for site visit and enrollment practices and procedures. " "Once the accreditation process is in action, we will start marketing and informational sessions. Again, marketing materials have not yet been released, as we are following standard and acceptable "pre" accreditation procedures. " "We are currently developing a pre-application package to be sent by or before October 1, 2003 to the American Council on Pharmaceutical Education (ACPE)." "We will not begin the process of educating pharmacists in the State of Hawaii without positive action via the application process per ACPE. Upon successful submission and response from ACPE the College will be in the pre-candidate status of accreditation...." "On October 1, 2003 our initial application for accreditation to the American Council on Pharmaceutical Education is due... Until such review by ACPE, PES intends not to accept students into the program." 3

"We will, of course, keep the State of Hawaii informed of all accreditation actions." 10. Despite those assurances made during the course of an official government investigation, and notwithstanding the fact that PES made no formal application for pre-candidacy status with ACPE, Defendants began receiving and accepting applications for enrollment from prospective students during the spring of 2004. 11. Defendant PES is not now and never has been accredited by an accrediting agency recognized by the United States Secretary of Education. 12. Defendant PES is an "unaccredited institution" as that phrase is defined in Hawaii Rev. Stat. 446E-1. 13. Defendant PES has a "presence" in the State of Hawaii as that phrase is defined in Hawaii Rev. Stat. 446E-1. COUNT I FAILURE TO PROPERLY MAKE STATUTORY DISCLOSURES 14. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 13 as though fully set forth herein. 15. PES has failed to properly and adequately disclose in its catalogs, promotional material and/or contracts for instruction the fact that it is not accredited by an accrediting agency recognized by the United States Secretary of Education in violation of Hawaii Rev. Stat. 446E-2(a). 16. The publication of each and every catalog and promotional material and the execution of each contract for instruction that failed to properly and adequately disclose the fact that PES is and was not accredited by an accrediting 4

agency recognized by the United States Secretary of Education constitutes a separate and independent violation of Hawaii Rev. Stat. 446E-2(a). 17. Alternatively, the provision to each student of such a catalog or promotional material or the execution of a contract for instruction that failed to properly and adequately disclose the fact that PES is and was not accredited by an accrediting agency recognized by the United States Secretary of Education constitutes a separate and independent violation of Hawaii Rev. Stat. 446E-2(a). 18. Violations of Hawaii Rev. Stat. 446E-2(a) constitute per se violations of Hawaii Rev. Stat. 480-2(a). COUNT II DISCLOSURE OF APPLICATION FOR FUTURE ACCREDITATION 19. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 18 as though fully set forth herein. 20. PES, in its catalogs, promotional material and/or contracts for instruction disclosed that it had applied for future accreditation in violation of Hawaii Rev. Stat. 446E-5(f). 21. The publication of each and every catalog and promotional material and the execution of each contract for instruction that disclosed the fact that PES had applied for future accreditation constitutes a separate and independent violation of Hawaii Rev. Stat. 446E-5(f). 22. Alternatively, the provision to each student of such a catalog or promotional material or the execution of a contract for instruction that disclosed the fact that PES had applied for future accreditation constitutes a separate and independent violation of Hawaii Rev. Stat. 446E-5(f). 5

23. Violations of Hawaii Rev. Stat. 446E-5(f) constitute perse violations of Hawaii Rev. Stat. 480-2(a). COUNT III FAILURE TO MAINTAIN STATUTORY AGENT 24. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 23 as though fully set forth herein. 25. In February 2005, PES an Annual Corporate Report with the Business Registration Division of the State of Hawaii. The report identified its registered agent as David C. Monroe at 94-1045 Poluku Street, Waipahu, Hawaii 96797. 446E-4(a). 26. Defendant Monroe cannot be located at that address. 27. Failure to properly designate an agent violates Hawaii Rev. Stat. 28. Violations of Hawaii Rev. Stat. 446E-4(a) constitute per se violations of Hawaii Rev. Stat. 480-2(a). COUNT IV FAILURE TO PRODUCE RECORDS, DOCUMENTS AND INFORMATION 29. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 28 as though fully set forth herein. 30. On July 11, 2005 Plaintiff requested PES produce certain documents, records and information. 31. PES has failed to produce the requested documents, records and information in violation of Hawaii Rev. Stat. 446E-2(c). 6

32. Violations of Hawaii Rev. Stat. 446E-2(c) constitute per se violations of Hawaii Rev. Stat. 480-2(a). COUNT V ILLEGAL ACCEPTANCE OF PAYMENTS 33. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 32 as though fully set forth herein. 34. During the course of its operations, PES accepted and received tuition payments and other fees from students despite not being in compliance with all of the requirements of Hawaii Rev. Stat. Chapter 446E. 35. The acceptance of tuition payments and other fees from each student constitutes a separate and independent violation of Hawaii Rev. Stat. 446E-5(e). 36. Violations of Hawaii Rev. Stat. 446E-5(e) constitute per se violations of Hawaii Rev. Stat. 480-2(a). COUNT VI MISREPRESENTATIONS REGARDING PRE-CANDICACY STATUS 37. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 36 as though fully set forth herein. 38. In their websites and other promotional materials, and orally, Defendants falsely represented, stated and otherwise implied that they had applied with the American Council on Pharmaceutical Education ("ACPE") for "precandidacy" accreditation status. 7

39. In fact, Defendants never made such an application to ACPE's Board of Directors, but merely submitted a "draft" application for review and consultation by the staff of ACPE. 40. In their websites and other promotional materials, and orally, Defendants falsely represented, stated and otherwise implied that the ACPE would make a site visit in the early spring of 2004. 41. In fact, no such site visit had ever been approved or scheduled by ACPE and none took place. 42. Each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 480-2(a). 43. Independently and additionally, each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 481A-3. COUNT VII MISREPRESENTATIONS REGARDING CANDIDACY STATUS 44. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 43 as though fully set forth herein. 45. In their websites and other promotional materials, and orally, Defendants falsely represented, stated and otherwise implied that "candidate accreditation" status was automatic or a mere formality. In fact, such status is discretionary and contingent on approval by ACPE's Board of Directors. 46. In their websites and other promotional materials, and orally, Defendants falsely represented, stated and otherwise implied that they had submitted an application with the ACPE for "candidate" status which would be considered at the June 2004 ACPE Board meeting. 8

47. In fact, prior to making those claims, Defendants had not made such an application to ACPE s Board of Directors, but merely submitted a draft application for review and consultation by the staff of ACPE. 48. Although Defendants eventually made such a formal application to the ACPE Board of Directors, they were advised by the ACPE Board, following its January 2005 meeting, to withdraw the application. 49. Each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 480-2(a). 50. Independently and additionally, each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 481A-3. COUNT Vlll MISREPRESENTATIONS REGARDING AFFILIATION 51. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 50 as though fully set forth herein. 52. In their websites and other promotional materials, and orally, Defendants falsely represented, stated and otherwise implied that HlCP was affiliated with the accredited University of Southern Nevada. 53. In their websites and other promotional materials, and orally, Defendants falsely represented, stated and otherwise implied that the president of the accredited University of Southern Nevada was a member of their Board of Trustees. 54. Each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 480-2(a). 9

55. Independently and additionally, each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 481A-3. COUNTIX MISREPRESENTATIONS REGARDING CLASS SIZE 56. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 55 as though fully set forth herein. 57. Prospective students were informed and otherwise lead to believe that the inaugural class for HlCP would consist of 120-130 students. 248 students. 58. In fact, Defendants accepted enrollments from approximately 59. Each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 480-2(a). 60. Independently and additionally, each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 481A-3. COUNT X MISREPRESENTATIONS REGARDING FACILITIES 61. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 60 as though fully set forth herein. 62. In their websites and other promotional materials, and orally, Defendants falsely represented, stated and otherwise implied that they had secured a developer to build a permanent campus which would be completed by early 2005. begun. 63. Construction of such a "permanent campus" has not yet even 10

64. Each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 480-2(a). 65. Independently and additionally, each such misrepresentation constitutes a separate and independent violation of Hawaii Rev. Stat. 5481A-3. COUNT XI SYSTEMATIC BREACH OF CONTRACTS 66. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 65 as though fully set forth herein. 67. Prior to enrollment, HlCP students were informed and believed that HlCP was a "three-year" pharmacy school; i.e. that if they successfully passed the required courses, they would be able to graduate in three years. 68. In an attempt to reduce class size, HlCP unilaterally altered the terms of progression through the school; increasing the time which some of the students would take to complete their studies from three to four years or even longer. 69. This conduct constitutes a separate and independent violation of Hawaii Rev. Stat. 480-2(a). COUNT XII RETALIATION 70. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 69 as though fully set forth herein. 11

71. Upon learning that three of its students were preparing to file complaints with Plaintiff, the Defendants immediately began administrative proceedings to expel the students from HICP and caused, ex parte, a temporary restraining order to be issued against them by a judge of the District Court of the District of Honolulu. 72. The Defendants, in an attempt to discredit the three complaining students and to deter others from exercising their rights to redress with a government agency, caused the notice of expulsion to be delivered to the ACPE, the Plaintiff and the Hawaii and California Boards of Pharmacy. 73. The application for a permanent injunction which accompanied the application for a temporary restraining order and the temporary restraining order itself were subsequently withdrawn with prejudice by the Dean of HICP. 74. These actions are and were retaliatory in nature and constitute an unfair or deceptive trade practice in violation of Hawaii Rev. Stat. 480-2. COUNT XIII DEFENDANT CRISWELL'S PERSONAL LIABILITY 75. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 74 as though fully set forth herein. and/or director of PES. 76. At all times relevant herein, Defendant Criswell was an officer 77. Defendant Criswell actively or passively participated in the illegal activity and/or formulated, directed, supervised, participated in, benefited from, facilitated, controlled, knew and approved of, and committed or caused the commission of the various acts and practices described herein. 12

COUNT XIV DEFENDANT MONROE'S PERSONAL LIABILITY 78. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 77 as though fully set forth herein. and/or director of PES. 79. At all times relevant herein, Defendant Monroe was an officer 80. Defendant Monroe actively or passively participated in the illegal activity and/or formulated, directed, supervised, participated in, benefited from, facilitated, controlled, knew and approved of, and committed or caused the commission of the various acts and practices described herein. COUNT XV INJUNCTIVE RELIEF 81. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 80 as though fully set forth herein. 82. Unless Defendants are restrained and enjoined by this court from continuing to violate Hawaii Rev. Stat. Chap. 446E, 480-2(a)and 5481A-3 in the manner described herein, they will continue to do so, irreparably harming and injuring the consuming public of the State of Hawaii. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests this Court: 1. Find, order, adjudge and declare that defendants' conduct, as alleged herein, violates the statutory provisions set forth above. 2. Appoint a receiver for the assets of the Defendants pursuant to Hawaii Rev. Stat. 480-16. 13

3. Issue a temporary restraining order, preliminary injunction and permanent injunction enjoining the defendants, their agents, employees, successors and assigns, directly or indirectly, individually or in concert with others, or through any corporate or other device from any of the following: a. Failing to comply with Hawaii Rev. Stat. Chap. 446E, 480-2(a) or 5481A-3 in any particulars; b. Collecting tuition payments and/or other fees from or on behalf of students unless and until Defendants are in complete compliance with Hawaii Rev. Stat. Chapter 446E; c. Directly or indirectly transferring, selling, alienating, liquidating, encumbering, pledging, loaning, assigning, concealing, dissipating, converting, withdrawing or otherwise disposing of assets, funds, real property or other property, wherever located, owned or controlled by or held for the benefit of, in whole or in part, or in the possession of any of the Defendants, except as ordered by the court; and d. Owning or operating any business in the State of Hawaii until all restitution, civil penalties and costs entered herein are fully satisfied. 4. Assess appropriate civil penalties against each of the Defendants pursuant to Hawaii Rev. Stat. 480-3.1 and enter judgment in favor of Plaintiff accordingly. 14

5. Award any consumers injured by the aforementioned violations full restitution, including pre and post judgment interest, against the Defendants, jointly and severally, pursuant to Hawaii Rev. Stat. 487-14 and the court's inherent authority and enter judgment accordingly. 6. Assess and award judgment in favor of Plaintiff and against the Defendants, for attorneys' fees, costs, costs of investigation, interest, and other expenses. 7. Award Plaintiff such other relief as the court may deem just and equitable under the circumstances. DATED: Honolulu, Hawaii, July 27 2005. 15

STATE OF HAWAII CIRCUIT COURT OF THE FIRST CIRCUIT SUMMONS TO ANSWER CIVIL COMPLAINT CASE NUMBER PLAINTIFF vs. STATE OF HAWAII, by its Office of Consumer Protection PLAINTIFF'S ATTORNEY (Name, Address. Tal. No.) JEFFREY E. BRUNTON #2833 Office of Consumer Protection 235 South Beretania Street, Room 801 Honolulu, Hawaii 96813-2419 Telephone: (808) 586-2636 DEFENDANT PACIFIC EDUCATIONAL SERVICES, COMPANY, a Nevada corporation dba Hawaii College of Pharmacy; DENISE A. CRISWELL aka Deedee Criswell aka DeDe Criswell aka Denise Criswell Nakajima and DAVID CHAMPION MONROE fka David Yacas, JUL DATE ISSUED 27 2005 CLERK H.CHING I do hereby certify that this is a full, true, andcorrect copy of the original on file in this office. CIRCUIT COURT CLERK