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2 Answers | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: Is wrongdoing legally admissible? If Not - why exactly?

hospice fraud was actual,

I.E.

patient was referred to hospice from hospital with hospital admission diagnosis chronic terminal disease.

Track record of who exactly made a referral apparently does not exist.

Critical values of test on admission were communicated... View More

James L. Arrasmith
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answered on May 5, 2024

Under California law, evidence of wrongdoing is generally admissible in court if it is relevant to the case and not excluded by some other rule of evidence. However, there are several reasons why the situation you described may not be legally admissible as evidence of fraud:

1. Hearsay: If...
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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Can I use a motion for relief to invalidate the emergency protective order?

My co-tenant obtained an emergency protective order (EPO) to effectively break our lease agreement. I have filed a lawsuit against her for breach of lease. Upon reviewing the police recording, I discovered evidence that she obtained the EPO based on false statements and with the express intention... View More

James L. Arrasmith
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answered on May 5, 2024

Under California law, an emergency protective order (EPO) is a temporary order that can be requested by law enforcement and issued by a judge when there is an immediate danger of domestic violence, child abuse, stalking, or elder abuse. To address your specific question about using a motion for... View More

1 Answer | Asked in Personal Injury, Landlord - Tenant and Criminal Law for California on
Q: My roommate is alleging that I punched her 20 times very hard and is presenting a back covered in pimples as evidence.

My roommate has filed a lawsuit against me. She claims that I punched her 20 times very hard and is using a back covered in pimples as evidence. What actions should I take? Also, where can I find an expert witness to testify that punches cannot result in pimples in San Jose, CA?

James L. Arrasmith
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answered on May 5, 2024

If you have been accused of a crime, the appropriate action is to seek legal counsel from a qualified criminal defense attorney. They can advise you on your rights and legal options.

In terms of the specific claim about injuries, while I agree that punches would not typically cause pimples,...
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2 Answers | Asked in Employment Law for California on
Q: Can a meal waiver be used for ALL shifts or only for the date that you sign it?

My boss has all employees sign a waiver upon employment and therfore no one is allowed to ever take a lunch from that point. At a previous job we would have to sign a waiver each day that we didn't want to take a lunch and I am wondering if what my boss is doing is legal.

James L. Arrasmith
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answered on May 5, 2024

In California, meal period waivers are generally valid only for the specific shift or workday for which they are signed. Employers cannot require employees to sign a blanket waiver that covers all future shifts indefinitely.

According to the California Department of Industrial Relations:...
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2 Answers | Asked in Employment Law for California on
Q: Can a meal waiver be used for ALL shifts or only for the date that you sign it?

My boss has all employees sign a waiver upon employment and therfore no one is allowed to ever take a lunch from that point. At a previous job we would have to sign a waiver each day that we didn't want to take a lunch and I am wondering if what my boss is doing is legal.

Neil Pedersen
Neil Pedersen
answered on May 6, 2024

Many employers misuse the meal waiver. First, the waiver must be mutual, and forcing an employee to sign a meal waiver can invalidate it. Second, not all situations allow for a meal waiver. Third, the meal waiver is supposed to be on a shift basis. A blanket meal waiver will usually violate the... View More

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