Gary Goldsmith v. Garfield Beach CVS, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
a. Factual Background The following facts are taken from Plaintiff's Complaint. (Complaint (“Compl.”), Dkt. No. 1-3). On January 11, 2019, Plaintiff visited CVS Pharmacy Store #8892 (“the Pharmacy”—located at 822 South Vermont Avenue, Los
CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk CB
Angeles, California, 90044—to fill his prescription of MS Contin ER (“pain medicine”), a controlled substance. (Id. ¶¶ 19–22). When Plaintiff arrived at the Pharmacy, he presented his prescription and medical history documentation to Doe Defendant 1 (“Doe 1”), a pharmacist employed at the location. (Id. ¶ 23). Doe 1 then called the prescriber of the prescription and verified its authenticity. (Id. ¶ 25). Following verification, Doe purportedly refused to fill Plaintiff’s prescription and confiscated Plaintiff’s prescription document. (Id. ¶¶ 25–27).
Plaintiff brings this lawsuit to recover damages for pain and suffering caused by the alleged confiscation of his prescription document, which he claims deprived him from accessing his pain medicine and caused him severe pain. (Id. ¶¶ 28–32). Plaintiff asserts the following…