Esther Tenao 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 TENAO ATAM,
Plaintiff
vs.
SOUTHERN CALIFORNIA
PERMANENTE MEDICAL GROUP
(SCPMG), a California corporation; and
DOES 1 through 100, inclusive,
Defendants
Case No.: 21STCV41538
NOTICE OF MOTION; MOTION TO
REPORT FRAUD
NOTICE OF MOTION
To ALL Defendants and to ALL Attorneys of Record:
Please TAKE NOTICE that on [ENTER DATE], at [ENTER TIME] or soon thereafter,
the Plaintiff herein will move this Court pursuant to CA Civ. Pro Code § 1003 (2021) et seq, and
Rule 3.1112 of the California Rules of Court, for and Order granting Plaintiff relief for
fraudulent conduct performed against Plaintiff.
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MOTION TO REPORT FRAUD
The motion will be based on this Notice of Motion, the Memorandum in Support, and on
the records and file herein, and on such evidence as may be presented at the hearing of the
motion.
MOTION FOR DISCOVERY SANCTIONS
NOW COMES, ESTHER TENAO ATAM, Plaintiff, proceeding Pro Se, pursuant to CA
Civ. Pro Code § 1003 (2021) et seq, and Rule 3.1112 of the California Rules of Court, hereby
moves this Court for an Order granting Plaintiff relief for fraudulent conduct performed against
Plaintiff.
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
ARGUMENTS
i. Plaintiff is prejudiced because of fraud
Plaintiff initially procured the services of attorney Gary Carlin to represent her in the
case. On or about December 22, 2021, Plaintiff substituted the said attorney, by filing form MC-
050 (Substitution of Attorney-Civil). Plaintiff then procured the services of attorney Brennan M.
Hershey through an agreement entered on or about December 21, 2021. On or about March 30,
2022, Brennan M. Hershey filed a Declaration in Support of Attorney’s Motion to be Relieved as
Counsel.
However, on or about September 14, 2022, Plaintiff’s former attorney, Gary Carlin,
whom Plaintiff relieved as counsel on December 22, 2021, filed a case management statement,
as though it were filed by Plaintiff. Plaintiff then contacted the court to raise the said concern.
The Court stated that Gary Carlin had never withdrew has counsel and therefore the case
management statement was valid. The Court made this statement in total disregard of the fact
that Plaintiff had filed form MC-050 (Substitution of Attorney-Civil), to effect the termination of
the services of attorney Gary Carlin.
The foregoing prejudices Plaintiff’s case since Plaintiff’s right to be heard and the right to
a fair hearing are muffled. Further, accepting filings from Plaintiff’s previous attorney denies
Plaintiff’s access to justice.
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MOTION TO REPORT FRAUD
iii. Failure to issue a ruling of fraud in Plaintiff’s favor demonstrates this
Court’s disregard of Plaintiff’s due process rights
The right to a fair hearing is one of ‘the rudiments of fair play’ assured to every litigant
by the 14th Amendment as a minimal requirement. Endler v. Schutzbank (1968) 68 Cal.2d 162,
169 [65 Cal.Rptr. 297, 436 P.2d 297]. Fair hearing is violated when there is "an unacceptable
probability of actual bias on the part of those who have actual decision making power over their
claims." Nasha v. City of Los Angeles (2004) 125 Cal.App.4th 483.
Plaintiff’s case is potentially hampered by fraud. Notably, Plaintiff has demonstrated how
she is subjected to prejudice by the aforesaid fraud, whereby the Court accepts Plaintiff’s former
attorney’s filings, and fails to take mandatory judicial notice that Plaintiff duly terminated the
attorney’s services through filing form MC-050 (Substitution of Attorney-Civil), on December
22, 2021. In the event this Court fails to issue a proper ruling on the said concerns, Plaintiff
avers that her due process rights to a fair trial shall be therefore violated.
CONCLUSION
Based on the foregoing facts, arguments, and points of law, Plaintiff prays the Court is
grant this motion and issues the following orders:
1. The Case Management Statement allegedly filed on September 14, 2022 be dismissed
and/or denied;
2. Attorney Gary Carlin be prohibited from filing any document and/or making any
representation purporting to be Plaintiff’s counsel in this matter.
3. Plaintiff also prays for such other and further relief that this court deems just and proper.
DATED: ______________
Respectfully submitted,
____________________________
Esther Tenao Atam
Plaintiff in Pro Per
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MOTION TO REPORT FRAUD
CERTIFICATE OF SERVICE
I hereby certify that on [ENTER DATE], a copy of the foregoing document has been
sent to the Defendants in the following address:
DATED:
____________________________
Esther Tenao Atam
13621 Arcturus Ave.
Gardena, CA 90249
Natashchan1@yahoo.com
Plaintiff in Pro Per
Lisa M. Magorien, Esq. (SBN: 259877)
Imagorien@Ibbklaw.com
Morgan A. Chase, Esq. (SBN: 333573)
mchase@Ibbklaw.com
LAGASSE BRANCH BELL + KINKEAD LLP
4365 Executive Drive, Suite 950
San Diego, CA 92121
Telephone: (858) 345-5080
Facsimile: (858) 345-5025
ROB BONTA (AG)
GILLIAN E. FRIEDMAN (Deputy AG)
300 South Spring Street, Suite 1702
Los Angeles, CA 90013-1230
Public: (213) 269-6000
Telephone: (213) 269-6294
Facsimile: (916) 731-2126
Email: Gillian.Friedman@doj.ca.gov
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