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Case 2:10-cv-00213-FCD-GGH Document 72

Filed 09/19/10 Page 1 of 3

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Farzana sheikh, M.D. requests that Defendant(s) Medical Board of California and State of California admit or deny the following statements. If objection is made, please state the reason for the objection. Please submit an affidavit by Member of Medical Board of California in reference to any information reviewed (if any) by the members of the Medical Board in reference to Discipline of Physicians. Please specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. // CASE: 2:10-CV-00213 – FCD - GGH FARZANA SHEIKH, M.D. Plaintiff, v. MEDICAL BOARD OF CALIFORNIA Defendant STATE OF CALIFORNIA Defendant FOR DECLARATORY RELIEF ON UNCONSTUTIONALITY OF CALIFORNIA’S BUSINESS AND PROFESSIONAL CODE §2335 PLAINTIFF’S REQUEST FOR ADMISSION FRCP 36 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO DIVISION) Prepared by; REHAN SHEIKH, Engineer rehansheikh@yahoo.com FARZANA SHEIKH, M.D., In Pro Per P.O. Box 869 French Camp, CA 95231 Telephone: (209) 982 9039

Case 2:10-cv-00213-FCD-GGH Document 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Filed 09/19/10 Page 2 of 3

The following statement will be deemed admitted within 30 days. Plaintiff intents to submit a Motion with the District Court to shorten the number of days to less than 30. Plaintiff requests Defendant(s) to admit that: 1) The Medical Board of California is a State agency empowered to grant license to eligible physicians to practice in the State of California. 2) The Executive Director of the Medical Board brings accusations against physicians in his/her official capacity. 3) The Executive Director of the Medical Board, as permitted by California Government Code section 11503, is not required to verify the truthfulness of facts or accusations. 4) The accusations against a physician are heard by a Hearing Officer working at Office of Administrative Hearings. 5) The hearing officers of the Medical Board are attorneys working at the Office of Administrative Hearings. 6) Hearing Officers of the Medical Board of California take a condensed 8 hour training course on Medical Education before qualifying to hear issues relevant to discipline of physicians. 7) Hearing Officers make judgment on issues including but not limited to ‘Standard of Care’ and ‘Quality of Care’ provided by physician in the patient care. 8) Hearing Officers prepare a proposed decision and submits the proposed decision to the Executive Director of the Medical Board. 9) Staff of the Medical Board engages in Ex-Parte Communications with the Hearing Officers of the Medical Board on matters relevant to discipline of physicians. 10) Attorney for the Medical Board engages in Ex-Parte Communications with the Hearing Officers of the Medical Board on matters relevant to discipline of physicians. 11) The Executive Director/Staff of the Medical Board sends a ballot to the Board Member(s) with the Name and gender of the physician and a proposed ‘disciplinary punishment’.
PETITION: Sheikh v. State of California Page --- PLAINTIFF’S REQUEST FOR ADMISSION (B&P §2335) |2

Case 2:10-cv-00213-FCD-GGH Document 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Date: Sep 19, 2010

Filed 09/19/10 Page 3 of 3

12) The members of the Medical Board do not review complete evidence relevant to discipline of the physician before adopting or rejecting the proposed decision. 13) The members of the Medical Board do not review a sample of evidence relevant to discipline of the physician before adopting or rejecting the proposed decision. 14) The members of the Medical Board do not review complete transcript relevant to discipline of the physician before adopting or rejecting the proposed decision. 15) The members of the Medical Board do not review a sample of transcript relevant to discipline of the physician before adopting or rejecting the proposed decision. 16) The members of the Medical Board make a decision to adopt or not to adopt the proposed decision without reviewing evidence, without reviewing transcript and without reviewing the proposed order. 17) The Executive Staff of the Medical Board engages in Ex-Parte Communications with the Member(s) of the Medical Board on matters relevant to discipline of physicians. 18) Attorney for the Medical Board engages in Ex-Parte Communications with the Member(s) of the Medical Board on matters relevant to discipline of physicians.

Respectfully Submitted by;

/s/ Farzana Sheikh ---------------------------------Farzana Sheikh, M.D.

PETITION: Sheikh v. State of California Page --- PLAINTIFF’S REQUEST FOR ADMISSION (B&P §2335) |3