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Plaintiff in Pro Per
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COUNTY OF XXXXXX
| XXXXPlaintiff
vs. XXXXX Defendants |
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RESPONSE TO SHOW CAUSE: POST SECURITY
CCC Dpt.: 57
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COMES NOW, Plaintiff, ESTHER TENDO ATAM, pro se, and files this Response to Show Cause: Post Security. In response thereof, Plaintiff states as follows:
- Plaintiff is entitled to a hearing on the merits
“It is the policy of the law to favor, whenever possible, a hearing on the merits.” Shamblin v. Brattain, 44 Cal.3d 474, 478 (Cal. 1988).
It is Plaintiff’s contention that the Striking of the Second Statement of Disqualification, and vacating the Motion to Disqualify, completely goes against the policy to favor a hearing on the merits. Besides, the right to a hearing is a constitutionally protected right. It follows; this Court’s striking and vacating the Motion to Disqualify flies right in the face of settled legal and policy principles. The Court, through the said action, has failed to recognize and protect Plaintiff’s rights to a fair judicial process, which decision should be reversed.
- The Court is abusing its discretion
“The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason.” Shamblin v. Brattain, 44 Cal.3d 474, 478 (Cal. 1988)
As already stated above, the Court disregarded reason, when it struck off Plaintiff’s Second Statement of Disqualification, which Statement provided factual evidence that highlight grounds why the Judge should be dismissed. Besides, Plaintiff is entitled to a hearing to present her arguments and evidence why the judge should be dismissed. The action taken by the Court is therefore a blatant abuse of the Court’s discretion.
WHEREFORE, Plaintiff prays this Honorable Court reverse and/or vacate its Minute Order Striking the Second Statement of Disqualification and vacating the hearing for the Motion to Disqualify, in the interest of justice. Plaintiff prays for any other Order this Court deems just.
Dated: ___________
Respectfully submitted,
VVVV
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:
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CCC
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Plaintiff in Pro Per
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