M E M O

Please be advised of my intention to notice the deposition of Maria Contreras-Sweet, Secretary, Business, Transportation & Housing Agency pursuant to Nagel v. Superior Court, 28 Cal. App. 4th 1465, 1468, 34 Cal Rptr. 2d 281, 282 (1994).

According to Press Releases by Secretary Contreras-Sweet, (July 10, 2001 & January 14, 2003 attached and highlighted) and other public documents, she has direct personal factual information pertaining to material issues in this action that I cannot obtain from any other source.

Due to the possibility of Governor Davis' recall, and other events which may result in her future unavailability:

• Pursuant to § 2025(l)(1) of the Code of Civil Procedure, I intend to record Secretary Contreras-Sweet's deposition stenographically and by videotape.
  
  
• Pursuant to § 2025(u)(4) of the Code of Civil Procedure, I intend to reserve the right to use at trial the videotape deposition of Secretary Contreras-Sweet.

She has claimed personal responsibility and credit for enacting and enforcing "the most aggressive patients' rights in the nation" as well as implementing "Governor Davis' HMO Help Center [which is] the centerpiece of the Department." (Reference attached Press Releases January 14, 2003, 3 and July 10, 2001, 8 )

She has knowledge regarding Governor Davis' removal of defendant, Daniel Zingale, as DMHC's Director (January 14, 2003 Press Release 1) subsequent to the filing of my lawsuit.

In addition, she has acknowledged systemic quality of care deficiencies and investigation obstruction at Kaiser Permanente (DMHC Utterback Accusation) which are similar to those stated in my RFA and Addenda. (Press Releases July 10, 2001 12 and January 14, 2003 4)

I intend to conduct all interactions pertaining to the advancement of my litigation professionally, cooperatively and expeditiously. I expect that all opposing parties will reciprocate. I will make reasonable accommodations in scheduling and expect the same consideration to assure reasonable accommodations to prevent needless exacerbation of my polio disability.

I request that Secretary Conteras-Sweet be available for a half-day deposition in San Diego in the afternoon (1:00 pm to 4:00pm) on any date that is convenient for her during May, 2003. Robert Finney, my caregiver, will be present.

I assume that Ms. Contreras-Sweet is scheduled to travel to southern California in the performance of her duties so that any inconvenience would not outweigh the hardship to me. Should you disagree, I will move the Court under the Code of Civil Procedure § 2025(e)(3) in the interest of justice. I will advance reasonable expenses.

Please advise me in writing of convenient dates for Secretary Conteras-Sweet's deposition no later than April 1, 2003, so that I may proceed to make arrangements of which you will be informed. Should you not respond by April 1, 2003, I will notice her deposition for a date and location at the discretion of Judge Nugent.

Thank you for your anticipated cooperation.

Yours truly,

Jacquelyn Finney
Plaintiff, In Pro Per

Attachments: Press Releases. (1) July 10, 2001, (2) January 14, 2003

ADDRESSEES

Patricia Sturdevant
Office of Enforcement
Department of Managed Health Care
980 Ninth Street, Suite No. 500
Sacramento, CA 95814-2725

Governor Gray Davis
State Capitol Building
Sacramento, CA 95814

Maria Contreras-Sweet, Secretary
Business, Transportation & Housing Agency
980 Ninth Street, Suite No. 2450
Sacramento, CA 95814-2725