The doctor's note sent to the City Attorney by an unidentified psychologist on behalf of Mayor Filner.
The deposition of San Diego Mayor Bob Filner did not go as scheduled Aug. 9 because of motions that were filed, not because of a doctor’s note according to the plaintiff's attorney.
A note signed by an unidentified psychologist notified the City Attorney's Office that Filner would not be available to be questioned under oath in a pending sexual harassment case.
The note, dated Aug. 5, claimed Filner was under the care of an intensive treatment program.
Attorney Gloria Allred and her client Irene McCormack Jackson filed a sexual harassment lawsuit against the City of San Diego and Mayor Filner in July.
Allred said she has no proof that Filner was in therapy and unable to answer questions related to the case under oath.
She also questioned the authenticity of the letter. "The letter that was not on anyone’s letterhead and was not signed by a named doctor,” she said Thursday.
The doctor's name was redacted on the note leaving an inelligible signature.
The mayor’s office and his legal team have refused to divulge where the mayor was for two weeks. His attorney said Filner successfully completed treatment as of Aug. 10. His top aide said Filner was taking personal time this week before returning to work.
“Whether or not he was actually in therapy, whether or not that was a real letter or not a real letter, we would like that deposition to take place as soon as possible,”Allred said.
The defense motions including a request to move the case to Imperial County will now be heard on Sept. 16.
Filner’s defense team has not yet provided a date for the deposition she said.
“I don’t know whether he had any therapy or not,” Allred said. “He needs to appear for his deposition and he needs to resign. It’s as simple as that.”