MOTION FOR LEAVE

XXX

XXX

XXX

Plaintiff in Pro Per

 

SUPERIOR COURT OF THE STATE OF XXX

FOR THE COUNTY OF XXX

 

XXX,

Plaintiff

vs.

SOUTHERN XXX  PERMANENTE MEDICAL GROUP (SCPMG), ET AL.,

Defendants

 Case No.: XXX[Related to Case no. XXX]

 

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

 

DECLARATION IN RESPONSE TO NON-PARTIES BOARD OF

REGISTERED NURSING, XXX

, AND XXX

JOINT OPPOSITION TO PLAINTIFF

MOTION FOR LEAVE TO FILE FIRST

AMENDED COMPLAINT

 

 

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 Response to Non-Parties Board of Registered Nursing, Loretta Melby, and Gillian Friedman’s Joint Opposition to my Motion to File First Amended Complaint.
  6. On XXX, I filed a motion for leave to file first amended complaint on case number XXX
  7. On XXX the BRN filed their opposition to my motion. In their opposition, the BRN stated the case number as XXX The Docket of this case number no longer shows any pending hearing, as judge Small already closed out that case number.
  8. A Notice of errata is provided for under XXX Code of Civil Procedure § 473. The BRN never bothered to correct said error and reflect the correct case number.
  9. Besides, it is reasonably expected that BRN’s attorneys should be privy of the importance of having the correct case number. Specifically, they should have consulted the Docket of Case Number XXX  to confirm whether there is any matter left on the record.
  10. Plaintiff asserts that such incompetence should not be left unchecked. Pro se submissions are held to less stringent standards than formal pleadings drafted by lawyers.” XXX. This shows that lawyers have no excuse to make errors in their submissions.
  11. Next, the BRN delayed their Opposition until late. This delay in filing the response speaks to the BRN’s covert intention to ensure I do not get sufficient time to respond to their opposition.
  12. The BRN’s Opposition does not provide any sufficient explanation for their blameworthy conduct. The BRN had already interviewed me in 2021, received my medical records, and found nothing wrong against me. The BRN already knew that I had no mental illness.
  13. Besides, I have clearly shown how once the BRN was alerted that their assigned psychiatrist appeared confused, they took no step to re-assign a different psychiatrist. Notably, BRN’s appointed psychiatrist did not remember the correct day or month for the mental assessment and could not even recall his own phone number. This raises serious concerns that the psychiatrist was not competent to conduct the evaluation, prompting alarm from me and alerting the Board that their chosen doctor might be in need of help himself. It therefore appears they were expecting me to be evaluated by a confused individual.
  14. For the foregoing reasons, the BRN’s opposition should be denied, and my motion should be granted.

 

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

 

Dated: XXX

__________________________

XXX

Plaintiff, in Pro Per

 

 

State of XXX 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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