XXX
Plaintiff in Pro Per
SUPERIOR COURT OF THE STATE OF XXX
FOR THE COUNTY OF XXX
XXX,
Plaintiff
vs.
SOUTHERN CALIFORNIA
PERMANENTE MEDICAL GROUP
(SCPMG), et al.
Defendants
Case No.: XXX
Judge: XXX
Dept.: XX
NOTICE OF MOTION AND MOTION TO
TAKE JUDICIAL NOTICE
DATE: XXX
TIME: XXX
DEPT:XXX
Reservation Number: XXXX
NOTICE OF MOTION
TO THE SUPERIOR COURT, TO THE DEFENDANT, SOUTHERN XXX
PERMANENTE MEDICAL GROUP AND TO THEIR ATTORNEYS OF RECORD AND
TO HON. XXX:
NOTICE IS HEREBY GIVEN that Plaintiff, XXXX, at the venue
indicated or at such other venue as the court shall prescribe, will move this Court for an Order to
take judicial notice of the evidence stated herein, pursuant to Evidence Code Sections 452 and
453.
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REQUEST TO TAKE JUDICIAL NOTICE
The motion will be based on this Notice of Motion, the Motion itself and the averments
therein, on any records and files already filed in this case, and on such evidence as may be
presented at the hearing of the motion.
Dated: XXX
______________ _____________
XXX
Respectfully submitted,
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REQUEST TO TAKE JUDICIAL NOTICE
MOTION TO TAKE MANDATORY JUDICIAL NOTICE
COMES NOW, Respondent XXX, pro se, and files this Motion to
Take Judicial Notice, pursuant to Evidence Code Sections 452 and 453. In this motion,
Respondent also seeks to authenticate the email evidence mentioned herein via the attached
Certificate of Authenticity. In support of this Motion, Respondent states as follows:
BACKGROUND
Plaintiff, files this motion for judicial notice on the grounds that despite sending her
medical records to the Board of Registered Nursing (hereinafter “BRN”), serving Defendant
SCPMG all her medical records and psychologist clearance notes; and serving SCPMG a notice
of email evidence; on XXX, SCPMG still sent a false and defamatory report to the BRN.
A petition to compel mental examination on basis of mental illness and or/ physical illness was
then filed by Loretta Melby, and a subsequent order was issued by Thomas Rinaldi to compel
Plaintiff to have a mental and/or physical examination. Thomas Rinaldi’s order further warned
Plaintiff that in the event Plaintiff failed to take the mental examination, her Registered Nurse
license would be revoked.
Plaintiff has since offered to surrender her license as opposed to subjecting herself to an
order that was issued illegally and without due process. Plaintiff has already presented her
resolve to surrender her license, and for that reason, the BRN will have to hold a hearing for that
matter. It follows; since surrendering the license will render Plaintiff unable to work, this Court
should take judicial notice of the facts and/or evidence presented herein, to disapprove the
SCPMG’s averments. Notably, SCPMG has no credible evidence of Plaintiff’s mental illness
Accordingly, Plaintiff states as follows:
LEGAL ARGUMEMENTS
According to Cal. Evid. Code § 452(h), the Court may take judicial notice of: “Facts and
propositions that are not reasonably subject to dispute and are capable of immediate and accurate
determination by resort to sources of reasonably indisputable accuracy.”
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REQUEST TO TAKE JUDICIAL NOTICE
Further, Cal. Evid. Code § 452 proceeds to provide that the Court shall take judicial
notice of any matter specified in Cal. Evid. Code § 452, if a party makes such a request. In that
regard, the Plaintiff hereby makes a request that the Court takes mandatory judicial notice of the
following:
1. Take judicial notice of the Letter dated September 4, 2020, from Ehab Yacoub,
MD, noting that Plaintiff had NO psychiatric contraindications for her to return to work
(EXHIBIT pg. 1);
2. Take judicial notice of the Email dated September 4, 2020, from Plaintiff to the
Kaiser staff (Sarah Poetter and Sherry) regarding the psychiatric clearance note (EXHIBIT pg.
2);
3. Take judicial notice of the Email dated September 8, 2020, from Sarah Poetter to
the Plaintiff regarding the acceptance of the Plaintiff’s resignation note (EXHIBIT pg. 3);
4. Take judicial notice of the Letter dated September 6, 2020, from the Plaintiff to
the Kaiser staff (Sarah Poetter and Sherry) regarding how the Plaintiff was affected by the
reckless behavior of Sarah and Sherry note (EXHIBIT pg. 4-5);
5. Take judicial notice of the Email dated September 14, 2020, from Lourdes Keppel
to the Plaintiff regarding the EEO investigation note (EXHIBIT pg. 6-7);
6. Take judicial notice of the Complainant- Equal Employment Opportunity (EEO)
Investigation Fact Sheet note (EXHIBIT pg. 8);
7. Take judicial notice of the Email dated September 16, 2020, from the Plaintiff to
Lourdes Keppel regarding Plaintiff’s request of all records on Plaintiff’s file note (EXHIBIT pg.
9-10);
8. Take judicial notice of the Email dated November 5, 2020, from Brooke E Ball to
the Plaintiff confirming the receipt of the Plaintiff’s previous email note (EXHIBIT pg. 11);
9. Take judicial notice of the Email dated October 1, 2020, from the Plaintiff to
Brooke Ball and Lourdes Keppel regarding Sarah Poetter note (EXHIBIT pg. 12);
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REQUEST TO TAKE JUDICIAL NOTICE
10. Take judicial notice of the Email dated October 22, 2020, from Brice Sikuade
regarding the confirmation of an online meeting note (EXHIBIT pg. 13-14);
11. Take judicial notice of the Letter dated November 6, 2020, from Kaiser to the
Plaintiff notifying her that she was being placed on an unpaid investigatory suspension note
(EXHIBIT pg. 15);
12. Take judicial notice of Plaintiff’s Pay Slip dated November 30, 2020 note
(EXHIBIT pg. 16);
13. Take judicial notice of the Email dated November XXXX, from Plaintiff to
Brooke Ball and Brice Sikuade regarding a discussion of Plaintiff’s work status note (EXHIBIT
pg. 17);
14. Take judicial notice of Plaintiff’s Demand Letter dated November 1XXX note
(EXHIBIT pg. 18);
15. Take judicial notice of a copy of text messages between Plaintiff and Emily union
representative from Kaiser note (EXHIBIT pg. 19-20);
16. Take judicial notice of the Email dated November XXX, from Plaintiff to
Emily union representative note (EXHIBIT pg. 21);
17. Take judicial notice of the Email dated November XXX, from Plaintiff to
Lourdes Keppel, union representative, regarding the status of Plaintiff’s suspension note
(EXHIBIT pg. 22);
18. Take judicial notice of the Email dated November XXX from Acacia
Westwood to Plaintiff regarding Plaintiff’s Virtual Therapy Appointment note (EXHIBIT pg.
23-24);
19. Take judicial notice of the Email dated November 23, 2020, from XXX to
Plaintiff regarding Corrective Action and Availability to Return to Work note (EXHIBIT pg.
25-26);
20. Take judicial notice of Kaiser’s Corrective Action Process- Level III note
(EXHIBIT pg. 27-28);
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REQUEST TO TAKE JUDICIAL NOTICE
21. Take judicial notice of Kaiser’s Developmental Action Plan note (EXHIBIT pg.
29);
22. Take judicial notice of the Letter dated November XXX, from XXXX to
the Plaintiff regarding the necessary actions that the Plaintiff needed to take in order to retain her
employment note (EXHIBIT pg. 30-32);
23. Take judicial notice of the Email dated November XXX, from the Plaintiff to
XXXX regarding the Corrective Action and Availability to Return to Work note
(EXHIBIT pg. 33-34);
24. Take judicial notice of the Email dated November XXX, from the Plaintiff to
XXX regarding the Plaintiff’s representation in future meetings note (EXHIBIT pg. 35);
25. Take judicial notice of the Letter November XXX, from the Emily to the
Plaintiff acknowledging Plaintiff’s release of UNACUHCP from representing her note
(EXHIBIT pg. 35);
26. Take judicial notice of the Letter dated November 24, 2020, from the Plaintiff to
XXX regarding a Reminder to the Acacia Appointment note (EXHIBIT pg. 36-37);
27. Take judicial notice of the Letter dated November XXX, from Acacia
Westwood to the Plaintiff regarding the Acacia Appointment note (EXHIBIT pg. 38);
28. Take judicial notice of the Email dated December XXX, from the Plaintiff to
Lourdes Keppel the confidential investigation note (EXHIBIT pg. 39);
29. Take judicial notice of the Email dated December XXX, from the Plaintiff to
XXX regarding the Plaintiff’s meeting with the psychologist note (EXHIBIT pg. 40);
30. Take judicial notice of the Email dated December XXX, from Acacia
Westwood to the Plaintiff regarding a delayed letter from the psychologist to the Plaintiff note
(EXHIBIT pg. 41);
31. Take judicial notice of the Email dated December XXXX, from the Plaintiff to
XXX regarding a delayed letter from the psychologist note (EXHIBIT pg. 42);
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REQUEST TO TAKE JUDICIAL NOTICE
32. Take judicial notice of the Email dated December XXX, from the Plaintiff to
XXX regarding a clearance letter from the psychologist note (EXHIBIT pg. 43);
33. Take judicial notice of the Email dated December 22, 2020, from Acacia
Westwood to the Plaintiff regarding an invitation to an online meeting note (EXHIBIT pg. 44);
34. Take judicial notice of the Email dated December 24, 2020, from XXXr to
the Plaintiff regarding a clearance letter from the psychologist note (EXHIBIT pg. 45-46);
35. Take judicial notice of the Email dated December 28, 2020, from Lourdes Keppel
to the Plaintiff regarding the conclusion of the investigation and the intention to share the results
with the Plaintiff note (EXHIBIT pg. 47);
36. Take judicial notice of the Letter Email dated December 29, 2020, from the
Plaintiff to XXX,
regarding the mental health clearance for the Plaintiff note (EXHIBIT pg. 48);
37. Take judicial notice of the Letter dated December 29, 2020, from Acacia
Counseling and Wellness to the Plaintiff stating that the Plaintiff has not presented any psychotic
symptoms that would likely result in the Plaintiff’s inability to work note (EXHIBIT pg. 49-50);
38. Take judicial notice of the Email dated February 8, 2021, from the Plaintiff to
Wilbert Jones regarding a scan for staples note (EXHIBIT pg. 51);
39. Take judicial notice of the Email dated February 8, 2021, from Wilbert Jones to
the Plaintiff seeking clarification note (EXHIBIT pg. 52-55);
40. Take judicial notice of the Email dated February 8, 2021, from Brice O. Sikuade
to the Plaintiff stating that no clearance note was requested by Plaintiff’s employer note
(EXHIBIT pg. 56);
41. Take judicial notice of the Email dated February 11, 2021, from Acacia
Westwood to the Plaintiff confirming that Dr. Jiyun Kang had submitted the requested
information to Kaiser note (EXHIBIT pg. 57);
42. Take judicial notice of the Letter dated February 10, 2021, from Dr. Jiyun Kang
to Wilbert Jones regarding answers to requested information note (EXHIBIT pg. 58-59);
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REQUEST TO TAKE JUDICIAL NOTICE
43. Take judicial notice of the Email dated February XXX, from the Plaintiff to
XXX regarding closure and the Plaintiff’s lack of intention to appeal note
(EXHIBIT pg. 60);
44. Take judicial notice of the Email dated February XXX, from
XXX to the Plaintiff regarding whether the Plaintiff would be interested in appealing Ms.
Keppel’s findings note (EXHIBIT pg. 60);
45. Take judicial notice of the Email dated February XXX, from Plaintiff to
Lourdes Keppel requesting a copy of the findings note (EXHIBIT pg. 61-62);
46. Take judicial notice of the Email dated February 17, 2021, from XXX to
the Plaintiff stating “that the Plaintiff is an amazing asset in the ED” note (EXHIBIT pg. 63);
47. Take judicial notice of the Email dated February 23, 2021, from XXX to
the Plaintiff stating that she had loved working with the Plaintiff note (EXHIBIT pg. 64);
48. Take judicial notice of the Plaintiff’s Complaint of Discrimination under the
Provisions of the California Fair Employment and Housing Act dated March 4, 2021 note
(EXHIBIT pg. 65-66);
49. Take judicial notice of the Email dated March 4, 2021, from XXX to the
Plaintiff regarding the advisory and follow up to request to file new complaint note (EXHIBIT
pg. 67-68);
50. Take judicial notice of the Email dated March 4, 2021, from the Plaintiff to
Gregory Adams regarding Plaintiff’s concerns of Gregory’s conduct note (EXHIBIT pg. 69);
51. Take judicial notice of Plaintiff’s Discharge Letter dated March 6, 2021, from the
Martin Luther King, Jr. Community Hospital note (EXHIBIT pg. 70);
52. Take Judicial Notice of the Interrogatories- Requests for Admissions (EXHIBIT
pg. 71-74);
53. Take Judicial Notice of the Constitution and the Bill of Rights in the Supreme
Law of the Land note. Further, take judicial notice that the United States Constitution Article VI
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REQUEST TO TAKE JUDICIAL NOTICE
Supremacy Clause provides that every State Judge is bound to uphold the Laws of the
Constitution and State Laws. The said Article provides in pertinent part thus:
This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the
Judges every State shall be bound thereby, any Thing in the Constitution or Laws
of any State to the Contrary notwithstanding.
Further, this Court should take judicial notice that the Constitution of the United States of
America, Article VI, provides that "[t]his Constitution shall be the supreme Law of the Land; and
the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any
State to the Contrary notwithstanding.’";
54. Take Judicial Notice that Plaintiff is a natural woman, living in the State of
California note.
55. Take judicial notice of the fact that Manuel Saint Martin, the Neuro Psychiatrist
appointed by the BRN to do the mental evaluation, has been harassing the Plaintiff. He has been
calling Plaintiff directly on her personal number, emailing her after hours, and insisting that he
WILL see Plaintiff for the said appointment. Besides, he has disregarded Plaintiff’s very strong
language warning him not to contact her directly again. He called Plaintiff on a day when no
appointment existed and stated that Plaintiff missed her appointment with him and should call
him. Further, Plaintiff has threatened to file a police report for harassing her note.
CONCLUSION
WHEREFORE, Plaintiff ESTHER TENDO ATAM respectfully requests that the Court
grants this Request to take Judicial Notice as requested for herein.
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REQUEST TO TAKE JUDICIAL NOTICE
Dated: 08/22/2022
CERTIFICATE OF AUTHENTICITY
OF EVIDENCE
I, ESTHER TENDO ATAM, certify and states as follows:
1. I am the Plaintiff in this case.
2. I, the person making this certification, am an adult of sound mind, with the capacity
of making this Declaration.
3. I hereby affirm as to the authenticity of the aforesaid evidence, which I shall present
in Court in support of my case.
I hereby certify that the evidence referenced in the Motion To Take Judicial Notice are
authentic and correct.
Dated: XXXX
Respectfully submitted,
______________________________
XXXX
Respectfully submitted,
______________________________
XXX
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REQUEST TO TAKE JUDICIAL NOTICE
CERTIFICATE OF SERVICE
I hereby certify that on 08/15/2022, copies of the foregoing document have been served
upon the Defendant in this case at the following address:
XXX
XXX
XXX
XXX
XXX
XXX
XXX
DATED; XXX
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REQUEST TO TAKE JUDICIAL NOTICE
Respectfully submitted,
_________________________
XXXX
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