Calayan sues former LA clinic manager for $2.5M
LOS ANGELES—Renowned Filipino cosmetic surgeon Dr. Manny Calayan has filed a civil complaint against the former manager of his Beverly Hills clinic seeking payment of misappropriated funds and damages totaling $2.5 million.
In a press conference at the Barrio Fiesta Restaurant in Glendale, Calayan said Adelaida “Aida” Arceo, who was vice president and office manager of Calayan Aesthetics Clinic in the United States, defrauded him of a total of $450,000 from September 2009 when she was hired as vice president and manager of the clinic until about May 2011 when Calayan uncovered the misrepresentations.
David Hakimfar, Calayan’s legal counsel, said a hearing on April 2 has been scheduled on Civil Case No. BC462747 filed before the Los Angeles Superior Court. The amended complaint superseded an earlier civil case filed last October 17.
Calayan is joined by his wife, Dr. Rosario Calayan and their aesthetics company, Calayan Surgicentre Corp. as the plaintiffs in the case, while Arceo, her husband Rolando and up to 25 John and Jane Does were named as defendants.
Calayan, who has kept his silence on allegations made against him and his clinic last year, spoke to members of the Filipino media in Los Angeles, to warn the public on Arceo’s alleged illegal activities.
Calayan, known in the Philippines as the singing doctor, said he met Aida Arceo in 2008 when he was about to perform with Dingdong Dantes and Marian Rivera in a concert produced by Arceo.
Calayan said Arceo convinced him to put up a branch in Los Angeles, California where Arceo is a resident. Calayan said he thought it was a good idea, not knowing then that “it would be the start of headaches and heartaches that would lead to this legal action.”
Calayan, the pioneer of Smartlipo and Vaserlipo in the Philippines—two revolutionary fat removal procedures that he said are safe alternatives to traditional liposuction—denied claims made by Arceo that she has put in money as her investment in the Calayan company in the United States.
Calayan said he opened a clinic on La Cienega Blvd. in Beverly Hills, California in September 2009, upon the advice of Arceo. He said because he trusted Arceo, he named her vice president of the company, and allowed her to also act as manager, receptionist, cashier and bookkeeper. Calayan said Arceo took advantage of the fact that he was always in the Philippines, and his wife, Dr. Rosario “Pie” Calayan, was often busy in Los Angeles.
Calayan said Arceo had access to Calayan’s accounting system, accounts receivable records, payment records, computerized checking program, credit accounts, and other financial records.The complaint claimed that Arceo, “by false and fraudulent means, which included the establishment of secret credit accounts and credit lines, the writing of unauthorized and forged checks and/or withdrawals drawn on Calayan’s bank accounts, and by false and deceptive entries in Calayan’s accounting system and other business records, embezzled, misappropriated and converted for her personal use and possession, without Calayan’s knowledge or consent, in excess of $450,000.”
In October 2010, Calayan decided to sell the La Cienega clinic because it was not making money. One month later, Arceo informed Calayan that she had an interested buyer for the clinic, a certain Teresita Gomez of Beverly Hills Aesthetic and Surgical Center.
Calayan, without actually meeting Gomez, agreed to sell at $170,000, to be paid in monthly installments of $10,000.
Arceo told Calayan she spent $30,000 of her own money as part of the expenses to sell the clinic, which Calayan reimbursed.
In December that year, Arceo told Calayan that Beverly Hills Aesthetic and Surgical Center was requesting a loan of $200,000 from him as operating capital. Again, Calayan issued a check to Arceo for delivery to Teresita Gomez of Beverly Hills Aesthetic and Surgical Center.
On March 15, 2011, Calayan received a check for $10,000 purportedly signed by “T. Gomez” as first monthly payment for the sale of the La Cienega Clinic. The bank did not honor the check. When Calayan went to the bank personally to encash the check, a bank official said the account has been closed.
During the press conference, another alleged victim of Arceo presented documents to Calayan, showing that the Beverly Hills Surgical and Aesthetics Center is owned by Arceo as sole proprietor, and not by Teresita Gomez.
Calayan also claimed that in late 2009, Arceo told him she had hired a certain Dr. Manuel Calaycay as medical director. Twice, Arceo claimed having paid Dr. Calaycay $5,000 and $4,300 from her own pocket, which Calayan both reimbursed.
When his wife, Dr. Pie Calayan, talked to Dr. Calaycay in April 2011, the latter denied having been paid or having agreed to serve as medical director of the clinic.
In November 2010, Arceo informed Calayan that she had hired a certain Dr. Banta as medical director. She claimed having paid Dr. Banta a total of $3,300 from her own money, which was also reimbursed by Calayan. On Feb. 15, 2011, Dr. Pie Calayan spoke to Dr, Banta, who said he had only received $1,500 from Arceo.
Calayan added that “Arceo sold Calayan products without our knowledge and some of the products were not even Calayan, but she told our clients that those meds were from us. She called our bank manager, trying to get our bank account details, pretending to be Dr. Pie because she knows all our pertinent information. She brought our patients to other doctors, and sold our clinic fictitiously. She borrowed money from us. She billed us without official invoices and official receipts. She always asked Dra. Pie for check payments named under her,” Dr. Calayan added.
Calayan said Arceo’s family also put up a medical supply shop that he described as “fictitious.” He said Arceo used this shop to bill the Calayans for medical supplies that were not really for their clinic.
Pia Gutierrez, a concert producer in San Francisco, said she drove all the way to Los Angeles, to announce that she has also filed a P1-million civil complaint against Arceo, who allegedly volunteered to market a concert by Charice. and looked for sponsors to invest in the concert. Gutierrez said Arceo promised these individuals that their money would double or triple, but allegedly kept the money to herself. Then when the concert did not push through because of lack of funds, Aida blamed Gutierrez, the producer.
Calayan said he has tried so hard to maintain their good reputation both here and abroad, but that Arceo has ruined it.
“We actually want to settle this quietly. But Aida has pushed us too far. At the end of this all, we just want Aida to pay her debts, return the Laser machines she stole, and pay for damages done. She will never be able to give back everything, but we are leaving it all to God and the judicial system for now,” Calayan said.
Calayan said the charges filed against him last year regarding alleged malpractice have been adjudicated by the court.
The case, docketed as SA-0785809 before the LA Superior Court, was filed on Aug. 31. 2011 and resolved on Jan. 3, 2012.
Calayan entered a no contest plea on a single count of misdemeanor. He was placed under probation for 36 months and ordered to pay fines and restitution totaling $5,000. A restitution hearing has been set for March 6 this year.
Calayan still maintains an aesthetics clinic at 1011 Robertson Blvd. in Los Angeles.
