Woman sues day spa over treatment

A Northern California woman is suing Groupon and a Huntington Beach day spa claiming she purchased online vouchers for a treatment that left her with chemical burns.

Rebecca Fisher of Hayward has taken action against an owner and employee of CloudMover Day Spa, alleging fraud, concealment of information, battery and intentional infliction of emotional distress, according to a July 2 claim filed by her attorney, Montie Day.

Fisher is also taking legal action against Groupon, which sold the online vouchers she purchased for the spa treatment.

The claim argues that CloudMover and Groupon entered into a joint venture "to promote and sell the products and services sold by Groupon and to be delivered to the consumers by CloudMover Day Spa."

Fisher reportedly bought a voucher Feb. 28 for a 15-minute infrared sauna, a 60-minute Swedish massage and a 60-minute reduction, or "detox," body wrap.

She used the voucher April 24 at the spa, which is located at 18685 Main St. According to the claim, an employee, Monica Blair, treated Fisher.

Fisher sat in a sauna and had a Swedish massage before Blair gave her a detox wrap in which she was wrapped in elastic bandages soaked in an unidentified solution, according to the claim.

Fisher was then wrapped in a Mylar-like material and left in a room with a steamer.

Fisher claimed to feel a tingling sensation when the product was used on her, but Blair allegedly told her "such a reaction was normal and assured her that any heat, burning and reaction she felt was normal," according to the claim.

After 30 minutes, the wraps were removed, and Fisher's body was a reddish color. According to Day, Blair "expressed no alarms or concerns."

The plaintiff, however, claimed to have suffered severe burns causing pain and emotional distress.

Day, who practices in Henderson, Nev., argued in the legal filing that he has asked CloudMover numerous times to identify the liquid used on his client, but has not been given an answer.

Day said in a phone interview that his client is seeking therapy after suffering post-traumatic stress disorder. On April 25, a physician found that Fisher had sustained second-degree burns, according to the claim.

In a Sept. 10 filing, attorneys defending CloudMover and Blair, who have also identified Blair by a different last name, Huebner, denied Fisher's claims.

CloudMover attorneys Richard Carroll and Betsey Jeffery argued in their response to the claim that Fisher knew or should have known that the treatment she would be receiving from CloudMover would leave her "susceptible to potential complications, injury or damage."

The plaintiff, they wrote, "freely, voluntarily and expressly assumed all risks."

The attorneys also stated that each of Fisher's complaints fails to provide facts to back up the claims.

The next scheduled hearing in the case is Feb. 7. Groupon's attorney is expected to ask Orange County Superior Court Judge Thierry Colaw to disqualify Day and remove the company from liability.

Day said CloudMover owner Anne Mason-Arnold will also ask the judge to strike her name from the complaint, claiming she isn't liable because the company is a corporation.

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