Motion to Produce Evidence on Appeal.

3. The additional evidence produced by appellant is so conclusive concerning appellants ability to demonstrate a cause of action that it can cause a reversal pursuant to Government code 909, and that for purposes of review it should be taken into the record.

4. The evidence (EXHIBIT ONE) is a handwritten note from an intake technician Raphael Serrano employed by the county of Santa Barbara mental health department and explains the reason the mental health department cannot inspect public records that would assist in identifying the plaintiffs condition.

5. The Appellate court in Bassett v Johnson C.A. 2d 807; P.2d 939 discovered a letter in the record a letter that had never been introduced in evidence or mentioned at the trial. The appellate court appointed the trial judge as referee for the taking of additional evidence, adopted the referees findings and made additional findings favorable to the plaintiff.

6. Appellant has not had the opportunity, beyond his initial defective complaint, to introduce the evidence because the granting of the demurrer without leave to amend precluded and dismissed the action before trial.

7. Appellant requests that this evidence be added to the record for review.

Respectfully submitted

Date;_____________Christopher A. Brown, in PRO PER

Motion to Produce Evidence, Rule 208D

TIMELINE #226736

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