Saturday, May 5, 2018

PETERSEN DEAN DEMANDS COURT GIVE THEM OUR HOME DUE TO A CLERICAL ERROR



May 5, 2018
MY CHART ENTRY
PROVIDENCE HEALTH SERVICES
HEALTH STATUS UPDATE REGARDING JAMES MARSHALL & MOM JENNIFER
DR. SEEMA MISSER

Something bad is happening to my son James and to me. We are both always sick lately. We do not have a diagnosis. At first just James was having problems in 2016, then I began getting sick as well in late 2017 and now in 2018 we are both always ill.

James had an urgent care visit to make sure he is ok even though he cannot get out of bed most days. His test results were good. We still have no explanation as to why his feet swell up so much he can’t walk, why he faints or why he is suddenly having to wear diapers after a lifetime of not having to.

In spite of our condition we were forced to file papers in court or lose our home by default, so we went to court twice a week over the past two weeks. Of note is that BOTH James and I had difficulty standing in line to file documents, BOTH of us are extremely fatigued. BOTH of us had difficulty walking up the hill to the court. 

James was leaning on me and holding on to me as we waited in line approx 15 minutes to file required court documents as he often does this year. People often mistake it as a long hug from my son but he is holding on because he feels bad and needs support.

I also added a document requesting that we be allowed to attend the MAY 14, 2018 COURT HEARING by telephone so James and I do not have to be stressed physically. A stranger saw James leaning and holding onto me and said it was sweet that my son loved me so much. James was actually hanging onto me again because he couldn't stand up on his own. He did that in your office when his feet started swelling up. I didn't use the wheel chair this week because the hill between the parking lot and the courthouse is extremely dangerous to push a wheelchair up or down. It was disastrous the day we used the wheelchair to go to the hearing the day it rained and James’s foot was too swollen for him to walk. James could have been killed by traffic because the wheelchair is too hard to control on that hill. The possibility of losing control and rolling quickly into traffic makes it too dangerous. His foot isn’t swollen anymore and he can fit in his shoes again but his feet are was peeling. I had to buy him special slippers when the swelling was bad. All the skin on his legs back and abdomen peeled after a previous bout of being bedridden. He literally shed his skin. My skin was more shriveled than usual and my lips were dry and cracked and I felt light headed. I don’t usually tell you about my symptoms but I mention my symptoms today because I think it is extremely odd that in 2018 James and I both have been sick most of the time with too many identical symptoms for it to be a coincidence. Something bad is happening to us.

I have no way of knowing if this is related to toxic environmental issues with our partially remediated house that has Stachybotrys and stucco powder in the walls and air vents. Our house won't be fully remediated until the court case settles and we can find funds for emergency house again while the remediation is finished. PETERSEN DEAN caused us to use up our emergency housing time trying to save our house from them. James and I have not been tested to see if stachybotrys or exposure to other substances in our house has anything to do with what is happening to us.  

The attorney general has a case against PETERSEN DEAN INC for contractor violations and maybe that will speed up the resolution of the BC661819 case that PETERSEN DEAN never should have filed but forces James and me to keep having to go to court to file documents concerning or lose our house. I filed NOTICE OF SIMILAR CASE with the hope that the judge will throw out PETERSEN DEAN”S BC661819 CASE because the Attorney General has an identical case investigating PETERSEN DEAN for violations covering all the same incidents. The Attorney General case is not difficult for James and me and we don't have to file the paperwork, the Attorney General does all that and we only have to appear when subpoenaed to testify what happened to our house. Hopefully the horrible Superior Court case will be thrown out and there will only be the Attorney General case. 

I told Judge Murphy in documents in the BC661819 case that James and I are both sick and worn out and would like permission to attend by phone like the PETERSEN DEAN attorneys apparently have been doing for two years. 

For two years we have had no kitchen. We lived in the Marriott then ran out of emergency housing funds and were forced to move back into our gutted, partially remediated house. Our diet has been drastically changed for two years by the loss of our kitchen. 

The stress of Petersen Dean trying to take our house away from us via tax credit scam has been constant and that wears our bodies out as well as keeping us emotionally in a constant state of fear and distress. I have no way of knowing why in 2018 both James and I are bedridden most of the time. So far we have been treated with antibiotics and told to rest and avoid stress. For the first time in ten years we have not used our ANNUAL PASS at Disneyland to celebrate holidays. We were too sick to go on my birthday in January. Hopefully we will be better in time to go to go on James’s birthday in October. We didn't go for Spring to see the new flowers like we always do. We were bedridden on Easter and didn't touch the jelly beans in the Easter basket until weeks after Easter when we felt a little better. 

Instead of our normal routine, we search for attorneys who might take our case and help us but nobody seems to want to help a defendant on contingency. So we have to drag ourselves up the hill in downtown Los Angeles to file documents in court until we finally find a lawyer who will take this sort of case on contingency. The court snack bar on the 2nd floor is very sympathetic to James and always asks how he is doing. We buy juice after we file papers and sit until we feel strong enough to handle the walk back to the car. When we get to the car we drink water and eat sandwiches and rest about half an hour before attempting the drive home. We do this 2 to 3 times a week lately. I keep making stupid mistakes like forgetting to copy the BACK of a 2 sided document, which was the important signature page. I’m doing the work while I’m shaky, sweaty, eyes burning and horrible sticky stuff coming up from my lungs. PETERSEN DEAN tells the court my clerical errors are “fatal” mistakes and we deserve to lose our home because of these errors.

Are we sick from this unrelenting stress? Are we sick because we lost our kitchen and can't make carrot juice, can’t use our juicer because there is no sink or dishwasher to clean it in, and we can't cook the foods we used to because there is no kitchen? Are we sick because not all the Stachybotrys and stucco powder has been removed from the walls and air vents and there is no heater and air conditioning? 

I am writing this in my bed. I am light headed. I felt uncomfortable heaviness in my chest today when I walked around the house getting things for James to eat and drink and changing his diapers. James is still in his bed and doesn't want to get up. James is drinking his juice and water but not eating. Today I have strange looking double rings of puffs under my eyes that I never had before. I was very tired in court yesterday as was James. We walked up the hill to the courthouse like a couple of 90-year-olds holding each other up. I promised James we would go out to dinner and have soup after filing papers but we were both too tired to sit up in a restaurant after we finished at the courthouse. We went home and both of us crashed and haven't gotten out of bed since except to go to the bathroom and except for me getting things for James.

After I finish reporting James's and my condition to you, I have to correct typos on approximately 80 pages to re-file in court on Monday. I also forgot to count and number the pages on Friday. I know I am making so many errors because I am sick. I recently asked your office how much an office visit would cost me since I no longer can afford my health insurance. I will make an appointment if I get worse but right now I need the money for copies, gas, parking and expenses of getting documents ready to file.

I also have to pay to mail certified copies to PETERSEN DEAN INC and HERO FINANCING so they will stop lying and saying they didn’t get copies. I have to pay to make copies. I have to pay for gas to drive to court, pay $10-$20 parking depending on how long it takes. I do not have to pay hundreds of dollars in filing fees because I applied for a fee waiver and was granted one by Judge Murphy. However, the case PETERSEN DEAN filed to take away our home cost me over $200 this month in expenses and that is why I can’t renew my health insurance yet. We have to save our home first, then we can get back to normal. I have not had health insurance since PETERSEN DEAN did this. I did not have to pay the penalty in 2017 because I was excused because of our housing nightmare, having to spend our own money for the hotel after the emergency housing funds ran out and then using my money until I couldn’t’ afford it anymore.  The free clinic I went to in 2017 for antibiotics after I fainted from lung infection that I had mistaken to be a dental infection changed it’s policy and now charges everyone $90. per visit. I need to have money to make and mail copies and drive them to be filed in downtown LA. I need that money to save our home from this unlawful foreclosure attempt by Petersen Dean Inc and HERO PROGRAM.I don’t go to the clinic unless I suspect I need antibiotics again. It’s a tough decision each time I get sick. I never used to get sick like this when I had insurance and before PETERSEN DEAN worked on our house. I went straight to the free clinic when I fainted, needless to say. I haven’t fainted this week but I have fallen down twice, dropped things, reversed numbers, forgotten things and made clerical errors PETERSEN DEAN tells the court are “FATAL”. It sure feels fatal. That is why James and I will be in court on Monday, trying to fix our “fatal” mistakes. It seems like something evil out of the dark ages but PETERSEN DEAN refused to give us more time to recover from this bout of illness. Their attorney George Milionis had a receptionist give us a flat “NO”, we could not get better first, we had to push through this illness and keep working.

It is past time to report that it has become too much of a coincidence that James and I have similar symptoms all of the time now. Today is the first time I dropped everything I had to do (such as write to Dr. Snow in Encino about James’ worsening dental and jaw pain) and I made the opportunity to write this instead because our health situation is out of control and there needs to be a written account of what is happening to us. If I drop dead at the courthouse, I want there to be documentation that we were not working while we were sick because we are stupid, we are working while we feel very ill because we will lose our home if we do not work. Our illness and my clerical errors delight PETERSEN DEAN. They see this as an opportunity to “win” and take our home away from us.

In 2017 I began to notice I was having SOME of James's symptoms and at that time I truly though it was just an odd coincidence, not related to a common cause. I fainted on three occasions. I stopped breathing briefly once at the Marriott emergency housing we had in Long Beach and was given antibiotics and an inhaler by the free clinic. James also fainted in front of the Long Beach Marriott and briefly stopped breathing and a complete stranger saved him from cracking his head open by quickly catching his head right before his head almost hit the concrete. Her daughter called the ambulance. I had lunged to catch James when I saw his eyes roll back in his head but I was facing him and could only grab his torso and bruised my knees as I slid on the concrete catching him from the front. Between me and the lady behind James who caught his head, he was not injured by the fall. Photo of mom’s knees days after James fainted:


The stranger moved fast as lightning and caught James’s head. The ambulance personnel told me to follow them in my car. The hotel staff rushed to my room to get my purse with car keys. I had complained to Dr. Kenneth Shiozaki that James was bedridden for too long, that I was worried he might be dying of some undiagnosed problem, that it was just too abnormal that he was bedridden more and more of the time.

Dr Shiozaki suggested that I make James get up and walk around a bit, that it might help and that is what we were doing that lovely Sunday morning at the Marriott. We were going to take a dip in the pool. James was weak. He had his pool toys and a smile on his face but was walking very slow. We had cold bottles of Figi water with electrolytes in our pool bag, sunscreen, hats and all we needed for a short little outing. James's eyes rolled back in his head and that was the end of that idea. This changed the way James is treated when he doesn't want to walk. Since that incident everyone takes him more seriously when he doesn’t want to walk. He can't verbally say he feels dizzy but his care-provider can tell by how he walks and his dull, fatigue facial expression that he should not be forced to walk far without support. He reaches for support. He will tell you, "Goes to sleep" when he is about to faint. He calls “fainting”:  “goes to sleep”. He will reach for you to hold him up if he can. He will sometimes say, "Put on pajama pants" just before he faints and feels weak but can't say complex things about how and where he feels bad. That Sunday it happened so fast he couldn't reach for me and couldn't say a word. He lost consciousness and fell like a ton of bricks. 

I am writing this today because so many times I put off doing this and now I am deliberately taking a short break from the legal work and other chores. What if something happens to me and there is no record of what we were going through? I knew it was necessary to do this but I kept thinking other chores were more important and more urgent. I am always torn in multiple directions because there are multiple urgent matters. PETERSEND DEAN tied up the equity in our house that was going to pay for James’s dental surgeries and now I’m told that some of his teeth can no longer be saved. I need to make that the priority but I can’t. I have to call attorneys and often James is so distressed that I can’t make phone calls and must attend to him.



The fact that James and I are both getting worse means the time is now. There could be a health incident and no one would know we were pushed by PETERSEN DEAN. Besides, there is nothing I can do on a Saturday, the courts are closed. Monday I will file papers to correct the horrible “fatal” clerical mistake I filed on Friday while James and I were so sick it was difficult to stay on our feet.. I can correct the legal documents this afternoon, send them to PLAINTIFF PETERSEN DEAN and HERO by certified mail on Monday then I have to drive to downtown LA to re-file the corrected documents AGAIN in court. I accidentally used the word DEFENDANT when I should have used the PLAINTIFF. A reasonable person could see it was a clerical error, but PETERSEN DEAN tells Judge Murphy that my clerical errors are “FATAL” and grounds for them to take our home away from us and sell it.

It is TOO MUCH of a coincidence that James and I BOTH can't do the task of walking down the long hallway at the courthouse without BOTH of us needing to sit to catch our breath. We are both dizzy, winded, break into sweats when we FORCE ourselves to walk, and while we planned and looked forward to what we would have for dinner after we did our filing chores in the court on Friday we ended up crashing into our beds instead, unable to face the effort of sitting up at a table. James couldn't even eat his half of the sandwich in the car after the filing task. I forced myself to eat my half but it was a chore. I was driving and didn’t want anything horrible to happened on the freeway from not eating. We drank water and juice and just sat in the car a long while. You know James and how he used to always be on the go and never sat still. He would never tolerate just sitting in a parked car before this happened to us. Now he rushes towards the first empty chair in the room that has chairs where we get blank forms from. He didn’t mind just sitting in the car in the courthouse parking lot for half an hour. We both needed that rest. When we got home and we both crashed into our beds and have been in bed since Friday afternoon. It is Saturday evening are both still in our bed. I get up only to make sure James has bottles of water and cranberry juice on his bed table, throw out food he didn’t touch and give him fresh food and change his diaper. Just doing that much walking makes me feel bad, my thigh muscles burn and my chest feels heavy until I get back in bed. Today we planned go out to the dinner we planned to go out to yesterday, but we might have to do it Sunday instead. More and more we don’t do things we planned and end up just trying to do court papers right, trying to find time to call attorneys to ask them to take our case and have no time to work on how to solve James’ dental problem and other needs. Our whole life revolves around trying to save our house. 

Last week I took James to NORMS and he took almost an hour to eat and still needed to take a lot of the food home. The waitress was kind and understanding and didn’t rush us. She could see we were both ill. I told her that after one taste of soup I was incredibly sleepy and needed some coffee. It took James forever to eat but he was so happy to look at his food that the waitress and I didn't rush him. We might go back to NORMS Sunday if James can handle getting up and I get my stamina back. I should not drive in my condition today. I still feel weak with just a little walking around.

I don't know if what is happening to BOTH James and I could be environmental toxins in our house, The mold and stucco powder have been confirmed to be in our house but no medical confirmation has been made to determine if those toxins are causing our symptoms. We could also be sick from two years of being trapped in a scary legal case to keep our house from being taken away from us by a predator tax credit scam by Petersen Dean and HERO PROGRAM FINANCING, and exposure to the kind of people who call your mistakes “fatal” or it could be a combination of all these things or something yet to be detected. I know it is past time to report and sound the alarm that it is too much of a coincidence that we both have been sick most of 2018. We could end up succumbing to our illness if we don’t deal with this now. The people who want our house would be happy but we want to live. We want our lives back. We want to enjoy the rest of our lives. We are a small family, just me and James. We never hurt anyone and we just want to live.



I never had the abnormal excessive urination problem James started having more and more often. The symptoms we have had in common are breathing difficulties, lung infections requiring emergency room visits, fainting, fatigue, difficulty walking, loss of appetite and dehydration in spite of always having bottled water with us everywhere we go. I cannot speak for James but I feel very bad if I don’t drink water while we are doing tasks at the courthouse and that is why we began always buying juice at the 2nd floor snack-bar where they also make copies and have the 2 hole puncher for getting documents ready for filing. If I didn’t take a juice/water break there on Friday (yesterday) I might have collapsed on the sidewalk on the way back to the car. I cannot speak for James but he looked and acted like he was completely fatigued like I was and he did drink a lot like I did. We both were thirsty but too exhausted to eat.




NORMS can verify that James enjoys looking at his food but mostly drank glass after glass of unsweetened tea. James and I both had trouble eating and keeping food down. I was surprised that I couldn’t even keep chicken broth down. I had some broth and it felt good and I thought everything was ok and then suddenly hurled into the trash can I keep by my bed. James has also vomited recently, in the car and in his bed but not as frequently as I have been vomiting. Like James, food will look good to me but it’s a different story after I take a bite. I feel instantly too full and nauseous.






Photo above is of James taking a rest while we file documents at the courthouse. Often I make clerical errors because I am ill and taking care of my ill son while typing, trying to do multiple difficult tasks at once.

Today I was looking over the documents that I was so happy to finally have corrected and filed. While I was enjoying that relief I was abruptly mortified to see I had filed another terrible clerical mistake on Friday May 4, 2018 using the word DEFENDANT where I was supposed to use the word PLAINTIFF. I accidentally accused myself of trying to take my house away from myself. PETERSEN DEAN will call it another “fatal error” and demand the judge let them have and sell our home.

I will correct the typos this weekend and file it on Monday. I fell twice from exhaustion while working on this court document and sustained minor injuries to my knee and foot. I am afraid I might lose our house because of my clerical errors and because I don’t have an attorney to help us yet. I correct my errors as soon as I find out about them. I asked for sick leave but PLAINTIFF PETERSEN DEAN denied me more time to allow me to recover from this lung infection. I’m working while I’m sick because I have no other choice at this time. James is still sick as well. I can’t seem to do anything without making mistakes but I have to keep doing my best until we get our lives back. I know that working on April 23, 2018 made me relapse and get a worse chest infection. I had a fever and the breeze outside the courthouse felt very cold to me and cut through me like needles. It was a warm day and I felt very cold. On that day I filed critically important documents with page two missing, the signature missing. I vomited every time I tried to eat, even when it was just chicken broth I couldn’t keep it down. I found the mistake and corrected it, only to find more mistakes in the corrected corrected copy. Many times on the court document site that I filled some forms out on, the form I filled out would print BLANK and I would have to start over. The case is definitely making both of us sicker because PETERSEN DEAN doesn’t allow for sick leave so we have to keep doing the work regardless of our health or we will lose our home. PETERSEN DEAN tells the court disturbing thing, like accusing us of lying but not being SPECIFIC, not saying what the lie was. I always tell the court what PETERSEN DEAN is lying about, such as the financing. I told the court that the payments were supposed to be made to HERO FINANCING, not directly to PETERSEN DEAN and that HERO FINANCING abandoned the project after PETERSEN DEAN failed to finish the job. The Contractors State Licensing Board found PETERSEN DEAN in violation for not finishing the job and I reported this to the court because PETERSEN DEAN was lying by omission by not telling the court. I am always very specific. PETERSEN DEAN however has just painted me as a bad person, calling me a liar without telling the court what they think I’m lying about. That is the kind of mental stress we are living with every day for two years now. James and I both are looking like prisoners of war, like people who have been held in limbo, painful captivity for a long period of time. I do not know how much that can affect your physical health but I can tell you James and I both feel very bad emotionally as well as physically. Last night around 3:00 am James became distressed and got up and came to my room and wanted just to sit with me holding my arm. He wanted me to sit on the couch and let him hold my arm like he does when we are walking. We sat there in silence for a long while and then he abruptly got up and went back to bed. His autism made it impossible for him to explain to me what he was feeling. I didn’t rush him. I let him hang onto my arm until he abruptly got up and walked back to bed. I don’t know if he had a bad dream or what. So much of our lives now is full of silent moments like this. We are both hollowed out by this stress. I’m terrified of contractors now. James simply does not want men to come into our house. You can’t blame him if you see how horrible our house is. James is for the most part “nonverbal”. The longest sentence I heard him say was to a lady who works at home depot in the kitchen department. He went to her desk and wanted her attention, which is unusual for him with strangers. He told her, “Our house is destroyed.” He forced a complete sentence out. It is very sad that one of his only complete sentences in his life was about something awful. He wanted her to fix it.

Sometimes when JAMES is sad, he sits next to me and plops his foot on my knee and says, “This little piggy.” I point to each toe and say things I know he likes. This little piggy went swimming. This little piggy went on Splash Mountain at Disneyland. This little piggy ate some Polo Loco chicken…” and so on until he smiles and abruptly gets up and goes off to play with his toys. If I die this year, his care-provider needs to know these things. “This little piggy” is all about thinking of happy things. James wants to be reminded of all the things that make him happy. He is too sick to swim or walk at Disneyland, but he likes to remember doing all those things we used to do, it’s not the traditional nursery rhyme. He doesn’t want to hear “This little piggy went to the market, this little piggy stayed home. This little piggy had roast beef” and he certainly doesn’t want to hear “this little piggy had none”. Give that other piggy some roast beef too and some potatoes. For James it is a game of hope for the future, hope that life will be OK again. He wants you to talk about good things that will happen again.

I don’t think we are going to make it to NORMS RESTAURANT today either. We will try to make it to NORMS on Sunday and build up our strength for another round of document filing in court on Monday.

It was difficult to write this because my eyes burn and it is difficult to read and stay focused but I’m submitting this as is because it is the best I can do at the moment and I have put it off too long. I used to brag that I never get sick. I used to complain that I never used my health insurance. Now I don’t have health insurance and I am sick all the time. I used to just get a flu shot at Costco every year and never really needed my insurance. Now that I spend my money on copies, gas and postage instead of health insurance, I am sick. The irony is awful. It is emotionally painful that we are dealing with people who don’t care if we are sick and are mocking us.

I know you won’t call any of my errors “fatal” and irreversible and I thank you for that. We need to stay strong as a family and continue to hold each other up until we find help and get our lives back. After filing corrections in court on Monday I will get back to calling attorneys for help. An Orange County attorney talked to me for about two hours and told me we had a very strong case but that his firm simply could not take a case like this on contingency. I have to keep calling attorneys. I want to substitute an attorney in for me before the May 14, 2018 hearing because this stress appears to be killing us, it is making our health problems worse and worse if in fact it is not the direct cause of some of our health issues.

Thank you for taking care of James. We look forward to getting our health and our lives back. We have hope. We have not given up. James understands that court has something to do with getting our house put back together. He knows men did bad things to our house and that we can get help if we give the court papers. He knows I’m working on papers and that mommy made a mistake on the papers.



End of May 5,2018  Health Status Report To Dr. Misser From James’s Mom

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