DECLARATION IN SUPPORT

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

 
ESTHER TENDO 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 SUPPORT OF REBUTTAL TO NAMING PLAINTIFF A VEXATIOUS LITIGANT

 

 

 

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 support of my Rebuttal to Naming Plaintiff a Vexatious Litigant.
  6. No evidence has been adduced in this case, to prove that I am a vexatious litigant.
  7. In the past seven years, I have never commenced any actions that have been determined against me.
  8. I have also never delayed any action for at least two years.
  9. I filed 22STCV37929 before being declared a vexatious litigant in any other case.
  10. None of my related cases are a re-litigation of any previous matter that I have ever brought in court against the Defendants.
  11. I am suing the Defendants for the first time.
  12. None of my cases have ever been decided on the merits.
  13. None of my cases have ever been concluded to the end.
  14. Judge Kleifield wrongly granted Defendant’s motion for summary judgment, based on the Defendant’s false statements to the court that I was not their employee. I was in fact employed by Kaiser.
  15. Besides, Lisa Magorien (Respondent’s counsel) stated in her declaration on March 2022 that I had filed the case against the correct party. The Court failed to acknowledge this fact, and went ahead to side with Respondent in their incessant frivolous attempts to prevent me from even amending my Complaint just to ensure that my case is heard.
  16. It is my understanding that a contract of employment is a contract by which one, who is the employer, engages another, who is the employee, to do something for the benefit of the employer or a third person. Here, SCPMG is a Southern Californian based health care provider that employs nurses, 25 doctors and other health care specialists that provide services to patients at Kaiser foundations 26 hospitals, a not-for-profit hospital.
  17. A request for RN records on March 14, 2023, made to Kaiser resulted in the production of fraudulent RN records March 17, 2023
  18. Judge Kleifield failed to consider the fact that my complaint contained factual assertions on how I was harmed by the Defendants. I went ahead to establish valid causes of action based on the said facts. The complaint therefore raised issues of material fact. It follows; the Court never gave regard to the merits of the case, causes of action, controversy, and issues of fact or law.
  19. Defendant’s counsel has been engaging in frivolous objections on procedural issues, which have made shifted the court from the merits of the case.
  20. All filings that I have ever made in the instant case have been purposeful, in pursuit of justice for me. At no point have I ever intended to oppress the Defendants, or to subject them to harassment.
  21. I have made meritorious filings either in response to the Defendant’s filings, or seeking specific reliefs from the court.

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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