Esther Tendo Atam
13621 Arcturus Ave.
Gardena, CA 90249
Natashchan1@yahoo.com
Plaintiff in Pro Per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ESTHER ATAM,
Plaintiff
vs.
KAISER FOUNDATION HOSPITALS, et al.
Defendants
Case No.: 21STCV41538
AFFIDAVIT IN SUPPORT OF
OBJECTION TO KERRI COLE’S
OBJECTION TO DEPOSITION
SUBPOENA
Date: March 28, 2023
Time: 08:30 am
Judge: Hon. Michael Small
Dpt.: 57
Complaint filed: 11/10/2021
Trial Date: Not set
1. I am the Plaintiff in this case.
2. I am [ENTER AGE] years old.
3. I am of sound mind.
4. I am therefore competent to swear on the matters said herein.
5. I write this affidavit in support of my Objection to Kerri Cole’s Objection to Deposition
Subpoena.
6. On December 13, 2022, I sent Kerri Cole a Deposition Subpoena seeking Kerri Cole to
personally appear for deposition and produce Acacia Medical Records to testify that
Kerri Cole faxed records to BRN on or about August 3, 2021.
7. On March 9, 2023, I received an Objection to the Deposition Subpoena. Kerri Cole’s
attorney(s) sent the Objection via email.
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AFFIDAVIT IN SUPPORT OF OBJECTION TO KERRI COLE’S OBJECTION TO DEPOSITION SUBPOENA
The objection was improperly served
i. I never consented to service by email
8. According to Rule 2.251(a) of California’s Rules of Court, express consent is required for
electronic service. Rule 2.251(b) of California’s Rules of Court also mandates a party
effecting service by email to provide a notice that the other party consented to service by
electronic means.
9. Here, Kerri’s attorneys sent their Objection through email. At no point have I ever
consented to service by email. The law cited above expressly mandates express consent
for service by electronic means.
10. It follows; to the extent it was sent by email without my consent, the Objection should be
dismissed.
There was no court order mandating service by email
11. According to Rule 2.251(c) of California’s Rules of Court, provision is made for
electronic service by court order or local rule.
12. Upon my information and belief, there is no court order or local rule, which mandates
any parties in this case to serve documents through electronic means.
13. Kerri’s Objection should therefore be denied since there was no court order or local rule
that mandated service by email in this case.
I declare under penalty of perjury that the foregoing is true to the best of my knowledge,
information, and belief.
DATED: ______________
Respectfully submitted,
________ESTHER ATAM___ ______
ESTHER TENDO ATAM
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AFFIDAVIT IN SUPPORT OF OBJECTION TO KERRI COLE’S OBJECTION TO DEPOSITION SUBPOENA
CERTIFICATE OF SERVICE
I hereby certify that on [ENTER DATE], copies of the foregoing document have been
sent to all parties in the following address:
Gordon Rees Scully Mansukhani, LLP
3 Parkcenter Drive, Suite 200
Sacramento, CA 95825
www.grsm.com
Attorneys for Kerri Cole
Lisa M. Magorien, Esq. (SBN: 259877)
lmagorien@lbbklaw.com
Morgan A. Chase, Esq. (SBN: 333573)
mchase@lbbklaw.com
LAGASSE BRANCH BELL + KINKEAD LLP
4365 Executive Drive, Suite 950
San Diego, CA 92121
Telephone: (858) 345-5080
Facsimile: (858) 345-5025.
Attorney for Defendant
DATED: ______________
Respectfully submitted,
Signature
_________________________
ESTHER TENDO ATAM
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