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SUPERIOR COURT OF THE STATE OF XXX
FOR THE COUNTY OF XXXX
XXX
XXX GROUP
(SCPMG),
Petitioner
vs.
XXX,
Respondent
Case No.: XXX
Judge: Honorable XXX
Dept. XXX
NOTICE OF MOTION AND MOTION TO
TAKE JUDICIAL NOTICE
NOTICE OF MOTION
TO THE SUPERIOR COURT, TO THE PETITIONER, SOUTHERN XXX
PERMANENTE MEDICAL GROUP AND TO THEIR ATTORNEYS OF RECORD AND
TO HON. XXX. BOXER:
NOTICE IS HEREBY GIVEN that Respondent 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.
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.
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NOTICE OF MOTION AND MOTION TO TAKE JUDICIAL NOTICE
Dated: —- August XXX
Respectfully submitted,
______________________________
XXX
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NOTICE OF MOTION AND MOTION 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
On or about March 2, XXX, the Petitioner filed a petition alleging workplace violence
against the Respondent.
Consequently, on or about April 21, XXX, the Petitioner and the Respondent filed a
Stipulation Re Temporary Restraining Order. In the stipulation, the parties stipulated inter alia
that a Temporary Restraining Order is in place effective April 21, XXX; in the event the
Respondent contacts any of the six witnesses subject to the TRO, a three-year permanent TRO
would issue; Respondent would not oppose the Petitioner’s motion to put the PRO in place, in
the event the Respondent violates the TRO; Respondent will not be in possession of a firearm
during the duration of the TRO; and in the event the Respondent sends any threatening email to
any staff of the Petitioner, such staff may be added to the TRO.
Respondent hereby files this Motion to Take Judicial Notice of email evidence relevant to
the instant case. Respondent also seeks to authenticate the said evidence.
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.”
Further, Cal. Evid. Code § 452 proceeds to provide that the Court shall take judicial
notice of any matter specidied in Cal. Evid. Code § 452, if a party makes such a request. In that
regard, the Respondent hereby makes a request that the Court takes mandatory judicial notice of
the following:
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NOTICE OF MOTION AND MOTION TO TAKE JUDICIAL NOTICE
1. Take judicial notice of the Letter dated September 4, XXX from XXX,
MD, noting that Respondent had NO psychiatric contraindications for her to return to work;
2. Take judicial notice of the Email dated September 4, 2020, from Respondent to
the Kaiser staff (Sarah Poetter and Sherry) regarding the psychiatric clearance note;
3. Take judicial notice of the Email dated September 8, 2020, from Sarah Poetter to
the Respondent regarding the acceptance of the Respondent’s resignation;
4. Take judicial notice of the Letter dated September 6, 2020, from the Respondent
to the Kaiser staff (Sarah Poetter and Sherry) regarding how the Respondent was affected by the
reckless behavior of Sarah and Sherry;
5. Take judicial notice of the Email dated September 14, 2020, from Lourdes Keppel
to the Respondent regarding the EEO investigation;
6. Take judicial notice of the Complainant- Equal Employment Opportunity (EEO)
Investigation Fact Sheet;
7. Take judicial notice of the Email dated September 16, 2020, from the Respondent
to Lourdes Keppel regarding Respondent’s request of all records on Respondent’s file;
8. Take judicial notice of the Email dated November 5, 2020, from Brooke E Ball to
the Respondent confirming the receipt of the Respondent’s previous email;
9. Take judicial notice of the Email dated October 1, 2020, from the Respondent to
Sarah Poetter and Lourdes Keppel regarding Sarah Poetter;
10. Take judicial notice of the Email dated October 22, 2020, from Brice Sikuade
regarding the confirmation of an online meeting;
11. Take judicial notice of the Letter dated November 6, 2020, from Kaiser to the
Respondent notifying her that she was being placed on an unpaid investigatory suspension;
12. Take judicial notice of Respondent’s Pay Slip dated November 30, 2020;
13. Take judicial notice of the Email dated November 9, 2020, from Respondent to
Bruce Ball and Brice Sikuade regarding a discussion of Respondent’s work status;
14. Take judicial notice of Respondent’s Demand Letter dated November 10, 2020;
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NOTICE OF MOTION AND MOTION TO TAKE JUDICIAL NOTICE
15. Take judicial notice of a copy of text messages between Respondent and Emily
from Kaiser;
16. Take judicial notice of the Email dated November XXX from Respondent to
Emily;
17. Take judicial notice of the Email dated November XXX, from Respondent to
Emily regarding the status of Respondent’s suspension;
18. Take judicial notice of the Email dated November XXX, from XXX to Respondent regarding Respondent’s Virtual Therapy Appointment;
19. Take judicial notice of the Email dated November XXX, from XXX to
Respondent regarding Corrective Action and Availability to Return to Work;
20. Take judicial notice of XXX Corrective Action Process- Level III ;
21. Take judicial notice of Kaiser’s Developmental Action Plan;
22. Take judicial notice of the Letter dated November XXX from XXXX to
the Respondent regarding the necessary actions that the Respondent needed to take in order to
retain her employment;
23. Take judicial notice of the Email dated November XXX, from the Respondent
to XXX regarding the Corrective Action and Availability to Return to Work;
24. Take judicial notice of the Email dated November XXX, from the Respondent
to XXX regarding the Respondent’s representation to future meetings;
25. Take judicial notice of the Letter November XXX from the Emily to the
Respondent acknowledging Respondent’s release of UNACUHCP from representing her;
26. Take judicial notice of the Letter dated November XXX, from the Respondent
to XXX regarding a Reminder to the Acacia Appointment;
27. Take judicial notice of the Letter dated November XXX, from Acacia
Westwood to the Respondent regarding the Acacia Appointment;
28. Take judicial notice of the Email dated December XX, from the Respondent
to Lourdes Keppel the confidential investigation;
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NOTICE OF MOTION AND MOTION TO TAKE JUDICIAL NOTICE
29. Take judicial notice of the Email dated December XXX, from the Respondent
to XXX regarding the Respondent’s meeting with the psychologist;
30. Take judicial notice of the Email dated December XXX from XXX to the Respondent regarding a delayed letter from the pyschologist to the Respondent;
31. Take judicial notice of the Email dated December XXX, from the Respondent
to XXX regarding a delayed letter from the psychologist;
32. Take judicial notice of the Email dated December XXX, from the Respondent
to XXX regarding a clearance letter from the psychologist;
33. Take judicial notice of the Email dated December XXX, from XXX to the Respondent regarding an invitation to an online meeting;
34. Take judicial notice of the Email dated December XXX, from XXX to
the Respondent regarding a clearance letter from the psychologist;
35. Take judicial notice of the Email dated December XXX, from XXX
to the Respondent regarding the conclusion of the investigation and the intention to share the
results with the Respondent;
36. Take judicial notice of the Letter Email dated December XXX, from the
Respondent to XXX,
regarding the mental health clearance for the Respondent;
37. Take judicial notice of the Letter dated December XXXX, from XXX
Counseling and Wellness to the Respondent stating that the Respondent has not presented any
psychotic symptoms that would likely result in the Respondent’s inability to work;
38. Take judicial notice of the Email dated February XXX, from the Respondent to
Wilbert Jones regarding a scan for staples;
39. Take judicial notice of the Email dated February XXX, from Wilbert Jones to
the Respondent seeking clarification;
40. Take judicial notice of the Email dated February XXX, from XXX to
the Respondent stating that no clearance note was requested by Respondent’s employer;
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NOTICE OF MOTION AND MOTION TO TAKE JUDICIAL NOTICE
41. Take judicial notice of the Email dated February XXX, from XXX to the Respondent confirming that XXX had submitted the requested
information to Kaiser;
42. Take judicial notice of the Letter dated February XXX, from XXX
to Wilbert Jones regarding answers to requested information;
43. Take judicial notice of the Email dated February XXX, from the Respondent
to XXX regarding closure and the Respondent’s lack of intention to appeal;
44. Take judicial notice of the Email dated February XXX, from XXX to the Respondent regarding whether the Respondent would be interested in appealing
Ms. Keppel’s findings;
45. Take judicial notice of the Email dated February XXX, from Respondent to
Lourdes Keppel requesting a copy of the findings;
46. Take judicial notice of the Email dated February XXX, from Jennifer Tyo to
the Respondent stating “that the Respondent is an amazing asset in the ED”;
47. Take judicial notice of the Email dated February XXX, from Jennifer Tyo to
the Respondent stating that she had loved working with the Respondent;
48. Take judicial notice of the Respondent’s Complaint of Discrimination under the
Provisions of the XXXX Fair Employment and Housing Act dated March XXX
49. Take judicial notice of the Email dated March 4, 2021, from Brice Sikuade to the
Respondent regarding the advisory and follow up to request to file new complaint;
50. Take judicial notice of the Email dated March XXX, from the Respondent to
Gregory Adams regarding Respondent’s concerns of Gregory’s conduct;
51. Take judicial notice of Respondent’s Discharge Letter dated March XXXX, from
the XXX, Jr. Community Hospital;
52. Take Judicial Notice of the Constitution and the Bill of Rights in the Supreme
Law of the Land. Further, take judicial notice that the United States Constitution Article VI
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NOTICE OF MOTION AND MOTION 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.’";
53. Take Judicial Notice that Respondent is a natural woman, living in the State of
California.
CONCLUSION
WHEREFORE, Respondent ESTHER TENAO ATAM respectfully requests that the
Court grants this Motion to take Judicial Notice as requested for herein.
Dated: —– August XXX Respectfully submitted,
______________________________
XXX
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NOTICE OF MOTION AND MOTION TO TAKE JUDICIAL NOTICE
CERTIFICATE OF AUTHENTICITY OF EVIDENCE
I, XXX, certify and states as follows:
1. I am the Respondent 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: —– August XXX
Respectfully submitted,
______________________________
XXX
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NOTICE OF MOTION AND MOTION TO TAKE JUDICIAL NOTICE
CERTIFICATE OF SERVICE
I hereby certify that on —- August XXX, copies of the foregoing document have been
served upon the Petitioner in this case at the following address:
XXX
DATED: —– August XXX
Respectfully submitted,
_________________________
XXX
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