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Questions Answered by James L. Arrasmith
1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: falsely attributing records to fake individuals for hospice fraud

Hospital engaged in fraud and falsely attributing records to fake individuals - for referral to hospice. What statute defines liability for falsely attributing records to fake individuals?

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answered on May 6, 2024

In California, falsely attributing medical records to fake individuals as part of a hospice fraud scheme could potentially violate several statutes. Two key laws that may apply are:

1. California Penal Code Section 470 - Forgery

This law makes it a crime to falsely make, alter,...
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1 Answer | Asked in Federal Crimes and Medical Malpractice for California on
Q: Knowingly. Definition.

For the purpose of hospice fraud: "knowingly" does not imply malicious intent.

However, fabricating non-existent terminal diagnosis presents fraudulent intention.

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answered on May 6, 2024

In California, "knowingly" generally means acting with awareness or understanding of the essential facts. In the context of criminal law, it refers to a mental state where the person is aware that their conduct is of a certain nature or that certain circumstances exist.

When it...
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1 Answer | Asked in Immigration Law for Tennessee on
Q: I currently have an EAD card through a pending i485 and i130 that expires in September. I’m switching to filing an i360

What category should I be filing my work permit under? Should it be a renewal (c9)?

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answered on May 6, 2024

Based on the information you provided, it seems you are currently holding an Employment Authorization Document (EAD) based on a pending I-485 (Adjustment of Status) and I-130 (Petition for Alien Relative). However, you are now planning to switch to filing an I-360 (Petition for Amerasian,... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: If a person has some csr complaints against him. If he get a foreign job, he will get police verification or not ?

Does it affect his foreign employment ? If a csr complaint against a person is pending he is eligible to move to a foreign country or not ?

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answered on May 6, 2024

If a person has some CSR (Customer Service Representative) complaints against them, it would generally not directly impact their ability to obtain foreign employment or move to a foreign country. CSR complaints are typically handled internally within a company and would not show up on a criminal... View More

1 Answer | Asked in Immigration Law on
Q: Will I be able to get an ESTA even though I was out of status on F1 visa?

I was an f1 student for 4 years. When I graduated I applied for OPT that got denied. I decided to file a motion to reopen I-290B. I was waiting to hear back from USCIS for 11 months before I, in February 2024 decided to leave the us and go back to my home country, Sweden. My American girlfriend... View More

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answered on May 6, 2024

Based on the information you provided, it seems that you were out of status in the United States for a period of time after your F-1 OPT application was denied and while you were waiting for a response to your motion to reopen (I-290B). This period of unauthorized stay could potentially impact your... View More

1 Answer | Asked in Employment Law, Immigration Law and Business Formation for Texas on
Q: N-400 application Question: I had a handicap space parking ticket last year, and a fine of $500 was paid.

How do I answer this question, knowing fully well that I received a citation/ticket for a handicap space parking violation last year, and a fine of $500 was paid. ? - Have you EVER been arrested, cited, detained, or confined by any law enforcement officer, military official (in the U.S. or... View More

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answered on May 6, 2024

Based on the information provided, it does not appear that a parking ticket would require you to answer "Yes" to this question on the N-400 naturalization application.

The question is specifically asking about arrests, citations, detentions, or confinement related to crimes or...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: I run a small business and have a few questions regarding what I can and cannot include in my designs

1) I want to create a few original designs inspired by Harry Styles' recent world tour called Love on Tour. Of course I would never use his name in the designs or advertisement, but is this illegal? Love on Tour itself is not trademarked as far as I have seen, but will I run into problems?... View More

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answered on May 6, 2024

I can provide some general guidance on your questions, but please keep in mind that intellectual property law can be complex and fact-specific, so you may want to consult an attorney for definitive advice tailored to your specific situation.

1. Using elements inspired by an artist's...
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1 Answer | Asked in Immigration Law for California on
Q: Is there any lawyer specialize on R1 visa and Green card process?

I-485 was denied.

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answered on May 6, 2024

I'm sorry to hear that your I-485 (Adjustment of Status application) was denied. It can be a challenging and stressful situation. To address your question, yes, there are lawyers who specialize in R1 visas (religious worker visas) and the green card process.

Here are a few steps you...
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1 Answer | Asked in Family Law for California on
Q: Is there a form I need to use to let the court know that marital property was destroyed during the separation?

My wife left our home and was in possession of two vehicles that were totaled by fire within a week of each other.

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answered on May 6, 2024

In California, there is no specific form to notify the court about the destruction of marital property during a separation. However, it is essential to document the loss of the vehicles and include this information in your divorce proceedings.

Here are some steps you can take:

1....
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1 Answer | Asked in Landlord - Tenant for California on
Q: Do you feel this is a Material Piece of Evidence Omitted by the Plaintiff to Procure a Judgement in this UD Case?

On July 24, 2023 The Plaintiff's entire Case was based on One Document in this Case to Evict Me.This piece of evidence was THE NOTICE AND ORDER TO VACATE.This order was issued by The San Diego Development Services Department(Code Enforcement Division), and I was stunned when I saw that it... View More

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answered on May 6, 2024

Based on the information provided, it appears that the plaintiff relied solely on the original "Notice and Order to Vacate" issued by the San Diego Development Services Department (Code Enforcement Division) when filing the eviction case against you on July 24, 2023. However, you mention... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for California on
Q: How do I appeal a decision or ruling by CA DOJ?

I understand that a person can appeal a decision or ruling made by the CA DOJ firearms division...what does that entail and how does one do that?

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answered on May 6, 2024

If you want to appeal a decision or ruling made by the California Department of Justice (CA DOJ) regarding firearms, here are the general steps:

1. Determine if the decision is appealable: Not all decisions can be appealed. Check the notice of the decision or contact the CA DOJ to confirm...
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1 Answer | Asked in Landlord - Tenant for California on
Q: Does the Omission of this Material piece of evidence to the Court sound like Fraud in your opinion?

One of The Duty's and Responsibilities of an Attorney-As An officer of The Court...is to submit a Material piece of evidence even if the admissible Material item- piece of evidence is adverse to your client.Also, if I am not mistaken I think there is a clause in The Rules of Professional... View More

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answered on May 6, 2024

Based on the information you provided, it does appear that the omission of material evidence by an attorney could potentially be considered fraud under California law. Attorneys have a duty of candor towards the court, and this includes presenting all relevant evidence, even if it is adverse to... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If I create similar a looking characters from a known IP, could I create a private Patreon for example to get paid

For example, Lets say League of Legends has a character who has red hair and is dressed as a pirate. If I make a similar character and post graphic content around that (privately). Could they take legal action against me? What if I don't mention the characters name?

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answered on May 6, 2024

This is a complex legal question that involves intellectual property (IP) law, specifically copyright and trademark issues. Let me break this down:

1. Copyright: Characters can be protected by copyright if they are sufficiently unique and well-developed. This means that creating a very...
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2 Answers | Asked in Employment Law and Libel & Slander for California on
Q: what is proper form to fill out to answer summins. I am being sued for 5 million by ex wal mart employee. I am an ex too

I have personelly been named in two actions of nine in a law suit against wal mart being brought by an ex employee. False light in violation of commin law and Defamation in violation common law civil code 45 and 46. I myself was fired from wal mart last year after 30 years of employeement. Was... View More

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answered on May 6, 2024

I understand your situation and the urgency to respond to the summons properly. In California, the proper form to respond to a summons and complaint is called an "Answer" (Form PLD-C-010). This form allows you to admit, deny, or lack sufficient knowledge to respond to each allegation in... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Divorce after 30+ years, trying to get answers from my atty. Said there is a settlement conference. 6/?? No divorce pape

Ers filed no firm date, no info or any other help with what should be done. I hope to get some answers regarding divorce & separation of property, no kids a house I owned before we married 5 years.

Another atty told me the divorce papers are 1st before any settlement conferences?? T or... View More

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answered on May 6, 2024

I understand that you are going through a challenging divorce after a long marriage and are seeking answers to your questions. Let me provide some general information based on California law, but please note that this is not legal advice, and you should continue to work with your attorney for... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: Plaintiff in a UD commits Fraud-Defendant May file a Lawsuit and judge must stay the Judgment until F-Caseis heard?

Just wondering if anyone has heard about this because I can't remember where I read this about 6 Months ago.I read that if a Plaintiff has committed Fraud in an Unlawful Detainer Case the Defendant May file a Lawsuit and the judge either must stay the execution of the Judgment or the Judge is... View More

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answered on May 6, 2024

Under California law, if a defendant in an unlawful detainer (UD) case believes that the plaintiff committed fraud to obtain the judgment, they may file a motion to set aside the judgment due to fraud. This is covered under California Code of Civil Procedure (CCP) Section 473(b).

CCP 473(b)...
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1 Answer | Asked in Landlord - Tenant for California on
Q: What is CCP in a Case of Civil Fraud Committed upon the Court.I have seen about 3-4 CCP Codes for Fraud in Civ-Cases?
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answered on May 6, 2024

In California, CCP stands for Code of Civil Procedure. There are several CCP sections that relate to fraud in civil cases. Here are a few of the most relevant ones:

1. CCP § 338(d): This section provides a three-year statute of limitations for bringing an action for relief on the ground of...
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1 Answer | Asked in DUI / DWI for California on
Q: I have a Friend who got a DUI conviction 12 years ago.

He was told to take a class but then half way through he moved to Colorado to take care of a sick family member.

Now the California DMV wants him to pay for and take another class even though he has not had a DUI incident for over 12 years and the statue of limitations has long since... View More

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answered on May 6, 2024

Firstly, it's important to note that DUI convictions and the associated DMV penalties are separate matters. The statute of limitations applies to criminal proceedings, not DMV administrative actions. In California, the DMV can require completion of a DUI program even if the criminal case has... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Does Fraud on The Court By an Officer of The Court involve the filing of a Rule 60 Motion By Myself(The Plaintiff)?

Thank You for your response to my question about Fraud, and the related CCP Code applicable when an Officer of The Court commits Fraud upon The Court.Are you familiar with the combination scenario where The Plaintiff commits Fraud upon The Court to Procure a judgement in an Unlawful Detainer... View More

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answered on May 6, 2024

If you believe that the plaintiff committed fraud upon the court in an unlawful detainer (eviction) case, resulting in a judgment against you, you have a few potential options:

1. File a motion for relief from judgment under California Code of Civil Procedure (CCP) Section 473(b). This...
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1 Answer | Asked in Civil Rights for California on
Q: Roommate stabbed me, pressed my hand on blade, bruised it. Admitted to police, recorded. Can I sue?

My roommate stabbed me with a knife, and while I held the blade, she used her other hand to press my hand onto the blade, causing additional pressure and leaving a bruise on my hand. She admitted to the police that she was holding the knife, which was found at the scene, and I reported the incident... View More

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answered on May 6, 2024

Based on the information you've provided, it seems that you may have grounds for a civil lawsuit against your roommate in California. Here are a few key points to consider:

1. Assault and Battery: Your roommate's actions appear to constitute assault and battery under California...
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