DECLARATION IN RESPONSE TO ORDER

Esther Tendo Atam

13621 Arcturus Ave.

Gardena, CA 90249

Natashchan1@yahoo.com

Plaintiff in Pro Per

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

 
ESTTHER ATAM,

Plaintiff

vs.

KAISER FOUNDATION HOSPITALS, ET AL.,

 

Defendants

 Case No.: 21STCV41538 [Related to Case no. 22STCV37929]

 

Assigned for all purposes to Hon. Michael Small, Department 57

 

DECLARATION IN RESPONSE TO ORDER STRIKING VERIFIED STATEMENTS

 

 

I ESTHER ATAM, declare the following:

  1. I am the Plaintiff in this case.
  2. I am over eighteen years old.
  3. I am of sound mind.
  4. I am therefore competent to swear on the matters said herein.
  5. I write this declaration in response to the Court’s Order Striking Verified Statements.
  6. Judge Small, as an officer of the Court, is expected to be forefront in protecting the rights of litigants that seek justice in Courts. However, Judge Small has blatantly disregarded his role as a custodian of the law.
  7. He has neglected his solemn duty as a judge, and should therefore be disqualified. The judiciary should be free of such unworthy and corrupt judicial officers.
  8. Judge Small is confused. His conduct throughout the proceeding of the case shows his confusion and incompetence.
  9. The judge issued a frivolous order against my request to have him disqualified from my case. I had made the request to have him disqualified under section 170.6. Judge Small answered the said peremptory challenge under 170.6. However, in the Judge’s Order, he assumed that my motion was made under 170.3. and then went on to make his arguments pursuant to 170.3.
  10. I then used the Judge’s answer as evidence, to file a statement of disqualification for cause, under 170.3. Judge Small did not provide a verified answer in response to the statement. Further, his order to strike verified statement was beyond the required 10 days. It is a requirement for the judge to strike the statement within the 10-day period prescribed in section 170.3, subdivision (c)(3) for filing an answer. Thereafter, the judge is deemed disqualified and has no power to act in the case. Lewis v. Superior Court (1988) 198 Cal.App.3d 1101, 1104 [ 244 Cal.Rptr. 328].
  11. Plaintiff asserts that nothing precluded her from filing her second Statement.
  12. Judge Small’s confusion is also evident where he has completely neglected the course of justice and is clearly supporting the bad faith conduct of the Defendant. For instance, he has failed to sanction Defendant for impeding my efforts to prosecute the case, including filing frivolous and bad faith motions/filings against me.
  13. The foregoing clearly show how Judge Small is confused and is using his position to manipulate, bully, and threaten me.

 

I declare under penalty of perjury that the foregoing is true to the best of my knowledge, information, and belief.

 

 

 

Dated: _________________

 

__________________________

ESTHER TENDO ATAM

Plaintiff, in Pro Per

 

 

State of California County of _______________

 

 

Subscribed and sworn to (or affirmed) before me on this ______ day of _____________, 20___, by _______________________ ___________________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

 

 

 

(Seal)                                                                                                   Signature______________________

 

 

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