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PHILLIP J. GOLM,
IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR ORANGE COUNTY
Case No.: Number
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Plaintiff,
vs.
DR. TOM TOOMA D/B/A NVISION EYE CENTRES,
Defendant
Dated this _____ day of October, 2021.
Respectfully Submitted by:
___________________________________ Phillip J. Golm
107 Solana Cruz Ct.
Solana Beach, CA 92075
Phone
Plaintiff in pro per
PLAINTIFF’S VERIFIED COMPLAINT – 1
PLAINTIFF’S VERIFIED COMPLAINT
Table of Contents
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Table of Authorities ………………………………………………………………………………………………………… 3 3
A. NATURE OF THE ACTION ………………………………………………………………… 4 4
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B. PARTIES ……………………………………………………………………………………………. 4
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C. JURISDICTION AND VENUE …………………………………………………………….. 5 7
D. STATEMENT OF FACTS ……………………………………………………………………. 5 8
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E. CAUSES OF ACTION …………………………………………………………………………. 6 10
Medical Malpractice ……………………………………………………………………………….. 6 11
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Breach of Contract ………………………………………………………………………………….. 7
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Fraud …………………………………………………………………………………………………….. 8 14
F. PRAYER FOR RELIEF ……………………………………………………………………….. 9 15
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List of Exhibits ……………………………………………………………………………………………………………… 11 17
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PLAINTIFF’S VERIFIED COMPLAINT – 2
Table of Authorities
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Cases
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Hanson v. Grode, (1999) 76 Cal. App. 4th 601, 606, 90 Cal. Rptr. 2d 396 ……………………………… 7 4
Johnson v. Superior Court, 49 Cal. Rptr. 3d 52 (2006) ………………………………………………………… 7 5
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Oasis West Realty, LLC v. Goldman, 51 Cal. 4th 811 (2011) …………………………………………………. 8
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Robinson Helicopter Co. v. Dana Corp., 102 P. 3d 268 (2004) …………………………………………….. 8 8
Statutes
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California Code of Civil Procedure § 395 ………………………………………………………………………….. 5 10
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PLAINTIFF’S VERIFIED COMPLAINT – 3
Phillip J. Golm
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107 Solana Cruz Ct.
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Solana Beach, CA 92075
Phone
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Plaintiff in pro per
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IN THE SUPERIOR COURT OF CALIFORNIA
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IN AND FOR ORANGE COUNTY
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PHILLIP J. GOLM,
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Plaintiff,
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vs.
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DR. TOM TOOMA D/B/A NVISION EYE CENTRES,
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Defendant
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Case No.: Number
PLAINTIFF’S VERIFIED COMPLAINT
NOW COMES Phillip J. Golm, Plaintiff, complaining of Defendant Dr. Tom Tooma d/b/a Nvision 17
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Eye Centres, and for cause would show the Honorable Court as follows:
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A. NATURE OF THE ACTION
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1. This is an action brought by Plaintiff against Defendant for medical negligence and 22
breach of contract. For these causes of action and others discusses herein, Plaintiff seeks 23
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compensation.
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B. PARTIES
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2. Plaintiff Phillip J. Golm is a male adult of sound mind and a resident of 107 Solana 28
PLAINTIFF’S VERIFIED COMPLAINT – 4
Cruz Ct., Solana Beach, CA 92075.
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3. Defendant Dr. Tom Tooma is a medical doctor and the Founder and Medical
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Director of Nvision Eye Center. According to information from the 4
https://www.nvisioncenters.com/our-surgeons/tom-tooma/ website, he has performed well over 5
130,000 LASIK surgeries, making him the most experienced LASIK surgeon in the Western 6
United States. At all times in this Complaint, the events and causes of action took place in 4220 7
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Von Karman Ave. #100, Newport Beach, CA 92660.
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C. JURISDICTION AND VENUE
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4. Jurisdiction exists in this Honorable Court pursuant to California Code of Civil 12
Procedure § 395.
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5. Venue is proper in this Court because the causes of action took place in Orange
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County.
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D. STATEMENT OF FACTS
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6. Plaintiff went to Defendant’s hospital located on 01/08/2014 for surgery on his right 19
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eye and left eye. Exhibit 1.
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7. Defendant conducted the surgery and Plaintiff paid a total sum of $11,000.00 to 22
Defendant. Exhibit 2. The sum of $11,000.00 was for the surgery conducted as well as future 23
corrective surgery that was necessary to be performed by Defendant.
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8. On 2/22/2019, Plaintiff went to Defendant for corrective surgery on his left eye. 25
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Plaintiff was not charged for the corrective surgery performed on that day.
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9. On 12/19/2019, Plaintiff went to Defendant for another corrective surgery. He was 28
PLAINTIFF’S VERIFIED COMPLAINT – 5
checked in, administered Xanax upon and instructed to lay on the operating table. Dr. Tooma had 1
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not checked Plaintiff’s medical and payment history. Dr. Tooma approached him and arrogantly
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told him to pay $2,000.00 for him to conduct the surgery. Exhibit 3.
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10. Dr. Tooma did not inform Plaintiff why he was required to pay $2,000.00 when the 5
cost of future corrective surgeries was already included in the $11,000.00 paid by Plaintiff in 2014. 6
Had Dr. Tooma checked Plaintiff’s medical and payment history, he would have known that the 7
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cost for that corrective surgery was included in the payment that Plaintiff made in 2014.
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11. Plaintiff had invested weeks of pre-exams, taken time off work to go for the surgery 10
and had to be driven to Defendant’s hospital by his wife who had also taken time off work. Plaintiff 11
felt he had no choice because he needed the corrective surgery and proceeded to pay $2,000.00. 12
Dr. Tooma also changed the procedure without informing Plaintiff.
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12. Afterwards, Plaintiff asked Dr. Tooma for his medical records but they were not
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availed to him.
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13. On 08/18/2021, Plaintiff wrote a demand letter to Defendant demanding the 17
payment of $6,000 for monies owed and expenses incurred, otherwise Plaintiff would institute 18
legal proceedings against him. Exhibit 4. Defendant failed to comply with Plaintiff’s demands, 19
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leading to the filing of this suit.
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E. CAUSES OF ACTION
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Medical Malpractice
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14. Plaintiff hereby incorporates by reference Paragraphs 6 to 13 of this Complaint as 25
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though set out in full herein.
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15. When Plaintiff went to Defendant’s hospital on 12/12/2019, Dr. Tooma changed 28
PLAINTIFF’S VERIFIED COMPLAINT – 6
the procedure that was to be conducted on Plaintiff. Exhibit 5.
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16. He was not aware that a different procedure should have been conducted because
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he did not check Plaintiff’s medical history.
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17. In Johnson v. Superior Court, 49 Cal. Rptr. 3d 52 (2006), the Court of Appeal 5
reiterated the elements of medical malpractice outlined in Hanson v. Grode, (1999) 76 Cal. App. 6
4th 601, 606, 90 Cal. Rptr. 2d 396 as follows: “The elements of a cause of action for medical 7
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malpractice are (1) a duty to use such skill, prudence, and diligence as other members of the
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profession commonly possess and exercise, (2) a breach of the duty, (3) a proximate causal 10
connection between the negligent conduct and the injury, and (4) the resulting loss or damage.” 11
18. Since the changed procedure that Defendant conducted on Plaintiff, Plaintiff’s 12
clarity of vision has reduced. That did not happen when the first corrective surgery was conducted. 13
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19. Dr. Tooma owed Plaintiff a duty of care to ensure that he was diligent in conducting
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the correct procedure. Dr. Tooma breached this duty of care by failing to look at Plaintiff’s medical 16
history before conducting the wrong procedure. As a result of Dr. Tooma conducting the wrong 17
procedure, Plaintiff’s clarity of vision reduced, which could not have happened if Defendant had 18
performed the correct procedure like the one conducted on 2/22/2019.
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20. Plaintiff has proved all elements of medical malpractice against Defendant,
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therefore, Defendant is liable to pay damages to Plaintiff for the same.
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Breach of Contract
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21. Plaintiff hereby incorporates by reference Paragraphs 4 to 11 of this Complaint as 24
though set out in full herein.
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22. It was agreed upon by Plaintiff and Defendant that the sum of $11,000.00 paid by
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Plaintiff to Defendant would cater for all future corrective surgeries that Plaintiff may require. 28
PLAINTIFF’S VERIFIED COMPLAINT – 7
Defendant breached this contract by requiring Plaintiff to pay an extra sum of $2,000.00 on 1
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12/19/2019 so that he could perform the second corrective surgery.
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23. In Oasis West Realty, LLC v. Goldman, 51 Cal. 4th 811 (2011), the court held as 4
follows: “And the elements of a cause of action for breach of contract are (1) the existence of the 5
contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach, and 6
(4) the resulting damages to the plaintiff.”
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24. Plaintiff and Defendant had agreed that the sum of $11,000.00 would cater for the
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surgery conducted in 2014 and future corrective surgeries. Plaintiff paid the required sum of 10
$11,000.00 to Defendant. Defendant breached the agreement between him and Plaintiff by 11
requiring Plaintiff to pay $2,000.00 so he could perform the second corrective surgery on 12
12/19/2019. Plaintiff had to pay an extra $2,000.00 for services he had already paid for, thereby 13
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incurring damage in the expense of $2,000.00
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25. Plaintiff has proved all elements of breach of contract against Defendant, therefore, 16
Defendant is liable for breach of contract and should pay damages to Plaintiff for the same. 17
Fraud
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26. Plaintiff hereby incorporates by reference Paragraphs 4 to 11 of this Complaint as 19
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though set out in full herein.
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27. The elements of fraud were outlined by the California Supreme Court in Robinson 22
Helicopter Co. v. Dana Corp., 102 P. 3d 268 (2004) as the court stated: “The elements of fraud 23
are (1) a misrepresentation (false representation, concealment, or nondisclosure), (2) knowledge 24
of falsity (or scienter), (3) intent to defraud, i.e. to induce reliance, (4) justifiable reliance, and (5) 25
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resulting damage.”
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28. Defendant falsely represented to Plaintiff that the sum of $11,000.00 paid would 28
PLAINTIFF’S VERIFIED COMPLAINT – 8
cater for future corrective surgeries. Defendant knew that he would require Plaintiff to pay more 1
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for future corrective surgeries but falsely made the representation to induce Plaintiff to pay
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$11,000.00 to the hospital. Plaintiff believed that the $11,000.00 would cater for future corrective 4
surgeries and proceeded to pay. He was shocked when he was asked to pay $2,000.00 for the 5
second corrective surgery. All along, he had known that future corrective surgeries would be 6
conducted at no extra cost to him. He did not have a choice but to pay $2,000.00 as he needed the 7
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surgery.
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29. Plaintiff has proved all elements of fraud against Defendant, therefore, Defendant 10
is liable to pay damages to Plaintiff for fraud.
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F. PRAYER FOR RELIEF
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REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him the
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following reliefs:
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a. Grant judgment in his favor and against Defendant;
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b. Award Plaintiff special damages in the sum of $2,000.00;
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c. Award Plaintiff general damages in the sum of $4,000.00;
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d. Award Plaintiff punitive damages, pre and post judgment interests, costs of this suit
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and attorney fees as allowed by law;
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e. Award Plaintiff such equitable relief as may be appropriate under the 23
circumstances; and
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f. Award Plaintiff such further relief as this Honorable Court deems necessary and 25
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proper.
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PLAINTIFF’S VERIFIED COMPLAINT – 9
Dated this _____ day of __________________, 2021.
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Respectfully Submitted,
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___________________________________
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Phillip J. Golm
Plaintiff in pro per
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PLAINTIFF’S VERIFIED COMPLAINT – 10
List of Exhibits
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1. Exhibit 1 – Phillip Golm’s first hospital visit
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2. Exhibit 2 – Payments to Defendant’s hospital
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3. Exhibit 3 – Change of surgical plan and demand for $2,000.00 5
4. Exhibit 4 – Demand letter to Dr. Tooma
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5. Exhibit 5 – Operative report
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PLAINTIFF’S VERIFIED COMPLAINT – 11
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
EXHIBIT 4
CT Court Services
P.O. Box 3595
Granada Hills, CA 91394
Demand Letter
August 18, 2021
To: Tom Tooma
NVISION EYE CENTERS
3655 Nobel Drive Suite 130
San Diego, Ca 92122
Regarding: The debt of $6,000.00 owed to Phillip Golm
Dear Tom Tooma (dba) NVISION EYE CENTERS,
The nature of this correspondence is towards (i) Professional Negligence.
Phillip Golm seek immediate compensation of $6,000.00 to recover monies owed, damages and legal expenses incurred. If the payment is not made within the timeframe indicated below or if this letter is discarded, Phillip Golm will file a civil or small claims lawsuit (legal costs, court fees, interest and future expenses will also be added to the judgment against you)
Without prejudice to the rights of Phillip Golm, the full recovery of the debt, Phillip Golm is prepared and would accept the full amount of $6,000.00 as full and final payment If the payment is made within 15 days of this letter to the address below. With respects and pursuant to the state laws, statutes and civil procedures of California, further civil actions will be commenced if this letter is disregarded.
Please Send Payment To:
Phillip Golm
107 Salina Cruz Crt
Solana Beach, Ca 92075
Means of this letter is to only satisfy court procedures for demand prior to trial. Contact claimant to settle
EXHIBIT 5
VERIFICATION
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I, Phillip J. Golm, being duly sworn depose and say that I am the Plaintiff in the above-entitled
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action, that I have read the foregoing Complaint and know the contents thereof. That the same is
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true of my own knowledge except as to those matters and things stated upon information and belief, 5
and as to those things, I believe them to be true.
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_________________________________
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(Sign in the presence of a Notary Public)
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Sworn to and subscribed before me this _____ day of ____________________, 2021. 9
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______________________________
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Notary Public
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________________________________________
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(Printed name of Notary Public)
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My Commission Expires: ____________________
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CERTIFICATE OF SERVICE
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I hereby certify that a true and correct copy of the foregoing document was sent on the _____ day 3
of October, 2021 by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to 4
the following parties or attorneys of record:
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Dr. Tom Tooma
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Nvision Eye Center
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3655 Nobel Drive Suite 130
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San Diego, CA 92122-1004
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(858) 558-6000
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Dated this _____ day of __________________, 2021.
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Respectfully Submitted,
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___________________________________
Phillip J. Golm
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Plaintiff in pro per
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