Your current state is Ohio
I've filed a lawsuit at the LA Superior Court against my employer, and 1-100 does. I am serving Rogs and RFAs. What is the most efficient way to use them without hitting the 35-question limit? Also, does the 35-question limit include both Rogs and RFAs combined, or is it for each one of them?
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answered on Apr 27, 2024
In California, the limits for written discovery in unlimited civil cases are as follows:
1. Form Interrogatories (FI): No limit on the number of Form Interrogatories you can ask.
2. Special Interrogatories (SI): You are limited to 35 specially prepared interrogatories per party,... View More 
With injury to someone the lighter was at fault can I hold the maker of the lighter responsible
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answered on Apr 26, 2024
In a product liability case like this, there are a few key factors to consider under California law:
1. Defective design or manufacturing: You would need to show that the lighter was defectively designed or manufactured in a way that allowed it to stay lit even when the button was released... View More
I had a crown put on and within the first couple months I complained of pain and the dentist said that it was going to be sensitive because of the crown, but in my case, it wasn’t sensitive it was pain and she only gave me a prescription for toothpaste and several more times And to the point of... View More
answered on Apr 26, 2024
In order to pursue a dental malpractice claim, you (or your attorney) would need to establish that the treatment provided by the dentist fell below the acceptable standard of care and caused you personal injuries. In order to make out such a claim, you (or your attorney) would have to obtain an... View More
Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses? What specifics?
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answered on Apr 25, 2024
Yes, in California, a plaintiff who is representing themselves in pro per (or pro se) can request monetary sanctions when filing a Motion to Compel further discovery responses. Here are some specifics:
1. Legal basis: California Code of Civil Procedure (CCP) § 2023.030 allows the court to... View More
If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:
is more discovery needed? What else is needed for proof of fraud?
Terminal disease was recorded on admission to hospital, by doctor who referred... View More
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answered on Apr 25, 2024
Under California law, if there is evidence that the plaintiff did not have a terminal disease at any time and was fraudulently referred by a hospital to hospice, additional discovery may be necessary to strengthen the case for fraud. Here are some key points to consider:
1. Medical records:... View More
If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:
is more discovery needed? What else is needed for proof of fraud?
Terminal disease was recorded on admission to hospital, by doctor who referred... View More
answered on Apr 28, 2024
It could depend on the quality and relevance of the evidence already at hand to the fraud issue - if the existing evidence does not support the allegation of fraud, then more could be needed. An attorney could answer more definitively with the benefit of the records gathered so far. Good luck
If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:
is more discovery needed? What else is needed for proof of fraud?
Terminal disease was recorded on admission to hospital, by doctor who referred... View More
answered on Apr 28, 2024
Addendum - It could be one thing for the blood test report to raise questions, but fraud is something that requires a clear showing of intent. It would help to see the records and see if they offer information that enables inferences about state of mind. Good luck
Can first motion to compel further discovery responses by plaintiff request court an order rendering a judgement against defendant pursuant to CCP § 2023.030 (d) (4)?
CCP § 2023.030 (d) The court may impose a terminating sanction by one of the following orders: (4) An order rendering a... View More
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answered on Apr 25, 2024
Under California law, CCP § 2023.030 (d) (4) allows the court to impose a terminating sanction by rendering a default judgment against a party for misuse of the discovery process. However, this is typically considered a severe sanction and is usually reserved for cases where there has been a... View More
answered on Apr 25, 2024
Generally not, unless something was done to interrupt the prescriptive period (statute of limitations). In Louisiana, a person generally has one year from the date of an accident or incident to either file suit or settle their claim. Failure to do so will usually cause a person to lose their... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
The bottom line is for most personal information, no you cannot.
While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an... View More
In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.
answered on Apr 25, 2024
Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck
an now I'm having breathing problems if I would of seen a lung Dr when I told the lawyer I wouldn't have to do breathing treatments the rest of my life he failed to get me a Dr when I first told him an my wife has to have back surgery an the same thing with her it took him that long to... View More
answered on Apr 24, 2024
Typically, lawyers are not involved in making arrangements for patients to see doctors. That being said, pulmonologists are a type of specialized doctor that is in high demand. When my internist referred me to my pulmonologist, the earliest appointment I could get with her was more than six... View More
Defense in response to discovery requests dumped thousands pages and misc files that do not include information requested. In consequent discovery responses defenses already references previously provided dump, as if it had requested data (it did not).
What plaintiff must do? Defense at... View More
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answered on Apr 24, 2024
In a motion to compel further responses to discovery requests under California law, you should address the issue of the incomplete data dump by the defense as follows:
1. Specifically identify the discovery requests at issue and the deficiencies in the responses provided by the defense.... View More
Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).
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answered on Apr 23, 2024
Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:
"A motion to compel further response to an interrogatory... View More
Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).
Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More
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answered on Apr 23, 2024
Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.
The California False Claims Act (CFCA) prohibits... View More
I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.
I did not say that this supplement was going to cure cancer... View More
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answered on Apr 23, 2024
In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:
1. You did not claim to be a medical professional... View More
I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.
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answered on Apr 20, 2024
It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on... View More
I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.
answered on Apr 26, 2024
It sounds like you are considering the timing of your lawsuit as part of your strategy. Some law firms file suit at the onset; some file suit upon the collapse of negotiation efforts or when the statute of limitations is looming. Something to keep in mind is that many insurance defense firms will... View More
25/100mg would have been more than enough for pain...intentional overdose
answered on Apr 20, 2024
I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More
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