Legal Question in Civil Litigation in California

In late January of this year I contacted a website looking into penile plastic surgery. I did not know until I arrived, but the website was a third party to the surgery. Through the months, we made agreements on what surgery I would have and the day I would have it, and the length of trip, etc. The cost of the triple augmentation surgery we agreed upon was $14,700. I paid a $4,000 Deposit and $10,700 a week before the surgery. I had to email Mr. Salas about payment because they never contacted me about paying the balance.

When I arrived in California on March 28th, I was told everything was fine and on schedule. I would have my surgery on Monday, they had received my payment, and the doctor was ready to do the surgery. None of these three things were correct. I sat in my hotel room all day on Monday, attempting to reach someone. Finally after 5PM, I was called and told my surgery would be moved until the next day.

Tuesday afternoon I arrived at the doctor�s office. When I went in for my pre-op, he told me that he did not do triple augmentations, and that the only surgery he would perform was a penile lengthening on that day. I was very upset, but they told me I only had two options, (Dan Salas and Dr. Knight) which was have the single surgery and be refunded my money, or lose my 4,000 dollar deposit. When I questioned that, they said they had already purchased equipment, the surgery center, and that it was non-refundable. I decided to have the surgery. The way that they did the surgery was also not the way Mr. Salas described it. The doctor used a spacer, which Mr. Salas said in his email was not used because �the results weren�t good.�

At the end of the pre-op, the doctor told me there was a problem. The check I had sent had not cleared and I would need to come up with 3,000 dollars that day before the surgery to have it. My credit union was already closed on the East Coast, but they told me there was a 7-day hold on the check. They ran my debit card through, and got 500 dollars, but still needed 2500 more. We went back to my motel and I wrote ANOTHER check with the assurance the other check could be cancelled the next day. The next morning post-surgery I got up and called my bank to find out the check for the TRIPLE augmentation was cleared, and they now had 15,200 dollars of mine and only did a procedure worth 7000 dollars.

I once again called Mr. Salas rather upset. He said it was a mistake and I would have my money within a week of that date. He again said I would be refunded the balance, and later stated the same in emails. Mr. Salas then came and did my post-op. The doctor had left town and never saw me for a post-op visit. Mr. Salas said everything was fine, but the spacer was apparently never placed correctly and I have had pain ever since.

The day of my departure Mr. Salas shared all of this personal information with another patient, a dentist from northern California. He also attempted to assure me that Mr. Salas was a reputable man and would send my refund as he promised. I was very upset at the fact Mr. Salas was qualified to do my post-op, but not required under HIPAA to keep my information confidential. In the end, I guess it gives me a witness, though.

I arrived home and on several occasions whenever I could get a hold of someone I was given the runaround. They would tell me it would be there in two weeks. Then when they would finally answer their phone again it would be another two weeks. Finally in July, I mentioned seeking a third party to help resolve this, and they have refused contact since then. At very minimum, I want to get my 8200 dollars back from the services never rendered.

I have sent two certified letters to Dr. Knight, both of which show delivery but they claim never arrive. I am waiting until I have representation before I send another to help verify my claims.

I have all of the corresponding checks, bank records, phone records, emails, etc. The only thing I cannot verify was what I was told in the pre-op room. I am in need of someone to help me recover my money.

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