On May 30, 2007, plaintiff Amalia Salcedo, 67, presented as a patient to Jose Antonio Rojas, M.D., in San Francisco. At the time, Salcedo was suffering from a severe headache, dizziness, and she was cold and shaking. Rojas documented Salcedo’s blood pressure as 150/100. Salcedo claimed that Rojas then told her to remove her pants and underwear because he needed to check her ovaries. She claimed that Rojas then digitally penetrated her vagina without gloves. After the vaginal examination, Rojas allegedly asked her to roll over and he allegedly placed his chin on her back and began to massage her with his chin. Rojas then allegedly kissed Salcedo on the inner, upper thigh/lower buttock area. When Salcedo became upset, Rojas allegedly told her that sometimes doctors have to do things to make a patient feel better. He then told her to get dressed, diagnosed her with high blood pressure and gave her samples of blood pressure medication. Salcedo claimed that on June 1, 2007, Rojas called her at home, but that she did not want to speak with him, so she hung up. However, Salcedo claimed that on June 2, 2007, Rojas called one of her friends and allegedly told the friend he had been unable to contact Salcedo and that it was urgent that he speak with her. Rojas allegedly asked the friend to convey to Salcedo that he would offer her money or anything she wanted if she dropped any charges against him. On June 7, 2007, Rojas was arrested by the San Francisco Police Department and charged with violations of the Penal Code, including sexual penetration where the victim is unconscious of the nature of the act; willfully causing or inflicting unjustifiable pain or mental suffering on an elder adult; sexual battery; and attempting to prevent and dissuade a victim from reporting. Rojas was found guilty of violating the aforementioned Penal Code sections and was sentenced on Aug. 30, 2010. The one year statute of limitations was tolled until Rojas was sentenced. Thus, Salcedo brought a civil suit against Rojas, alleging sexual assault, sexual battery, intentional infliction of emotional distress, and attempt to prevent or dissuade a victim from reporting. Rojas is now incarcerated., Salcedo claimed that she suffered pain for a prolonged period of time as a result of Rojas penetrating her. She claimed that even though she told Rojas that it was painful, Rojas continued. She further claimed severe emotional, mental and physical harm as a result of the events. Thus, Salcedo sought recovery of general and special damages, as well as recovery of damages for her medical and related expenses. In addition, she sought recovery of punitive damages, costs of suit and attorney fees.