PETITION OF RIGHT

Bob and Jackie Finney are two plain folks in a lonely fight to enforce their rights against THE DARK SIDE, which includes an unethical HMO, greedy CEOs, and corrupt State bureaucratic bullies.

California Governor Arnold Schwarzenegger's Department of Managed Health Care won't enforce patient rights laws that Governor Gray Davis devised to fool the folks who don't "pay-to-play."

PAY-TO-PLAY IS WRONG!

That's why Jackie filed a "Petition," requesting that a State court judge order the bureaucrats to protect patients, not her HMO. Bob will file his own "Petition" in federal court, if Medicare protects these same powerful folks at the expense of plain folks. Jackie and Bob aren't lawyers. They wrote and filed the Petition themselves without any help from lawyers.

Jackie's "Petition of Right" has been inspired by many extraordinary individuals who refused to waive their legal rights in spite of coercion and retaliation by the powerful.

A "Petition of Right" is best explained in David Mamet's film, The Winslow Boy, based on the true story of a young boy who was wrongly expelled from the Royal Naval College for theft and forgery. His father's attempts to obtain a fair trial were rebuffed by the British bureaucracy, which refused to admit the possibility that its secret proceedings were rigged and had resulted in an unjust decision that harmed the boy and his family.

The boy's only hope was to set forth his request for an open trial in a "Petition of Right," which if accepted by the Home office and the Attorney General, could be presented to the King. In English Law, the King's government is assumed to be sovereign (i.e., THE CROWN CAN DO NO WRONG) and cannot be sued without the King's consent. Only then could the boy's case come to trial.

King Edward VII signed the boy's "Petition of Right" in May, 1909, writing "LET RIGHT BE DONE."

Four days into the trial, the British Admiralty announced that it had accepted the boy's claim of innocence that it had rejected twice before in secret proceedings at which the boy had no representation and advocacy.


Progress Reports

10/11/2002 Petition for Writ of Mandate, Declaratory Relief & Injunction
10/11/2002 Federal Court Declares Patient's Rights
12/18/2002 Notice of Motion, Points & Authorities
01/10/2003 Points and Authorities in Opposition to Demurrer
01/30/2003 Court's Ruling on Defendants' Demurrer Continued to 2/20/2003
02/20/2003 Court's Final Ruling on Demurrer and Petition
02/20/2003 HMO Patients Win New Right To Sue
03/07/2003 Notice of Request for Default Judgment
03/18/2003 Letter of Intent to Depose CA State Sec Maria Contreras-Sweet
04/01/2003 State's Intent to Seek Protective Order
05/01/2003 Motion for Protective Order, Order to Compel, & Sanctions
06/23/2003 Reply to Defendants' Opposition to Protective Order; Order to Compel Testimony; Sanctions: HMO PATIENTS ENTITLED TO
PRISONERS' HEALTH CARE RIGHTS.
06/23/2003 Declaration in Support of Protective Order; Order to Compel Testimony; SANCTIONS FOR LYING AND/OR PERJURY.
07/02/2003 Plaintiff's Supplemental Declaration In Reply To Supplemental Declaration of Patricia Sturdevant In Support of Defendants' Request For Sanctions
07/24/2003 Court's Ruling on Motion for Protective Order and Sanctions
08/04/2003 Motion to Reconsider Court's 7/24/2003 Ruling
08/04/2003 Declaration in Support of Motion to Reconsider 7/24/2003 Ruling
09/12/2003 Response to DMHC Inspection Demand
09/12/2003 Supplemental Declaration in Support of Motion to Reconsider 07/24/2003 Ruling
09/19/2003 Reply to DMHC Opposition to Motion to Reconsider 7/24/2003 Ruling
10/09/2003 Court's ruling on Motion to Reconsider (THE BOTTOM LINE: State/HMO Prior Restraint on Patient Speech in the Doctor-Patient Relationship)
11/22/2003 Complaint to Court Executive
12/03/2003 Declaration to Disqualify Presiding & Supervising Judges
12/05/2003 Motion to Disqualify Judge, Peremptory Challenge; Denied
12/13/2003 Request to Presiding Judge - Appeals Court - for ADA Accommodations
12/17/2003 Demand & Notice to Disqualify Trial Judge for Cause
12/17/2003 Statement of Disqualification of Trial Judge
01/23/2004 Federal Complaint for Preliminary & Permanent Injunctive Relief, Declaratory Relief, and Damages
09/16/2004 9th Circuit - ADA Appeal
Cover - Table of Contents - Table of Authorities - Appeal
09/16/2004 Case Summary
(PACER: Public Access to Court Electronic Records)