I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More
answered on Mar 14, 2024
Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:
1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party... View More
I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More
answered on Mar 14, 2024
There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More
Response to OSC is classified to be: Motion, or Reply?
CCP 1005(b) does not mention specifically Response to OSC.
What rules are specific to timing of response to OSC?
answered on Mar 12, 2024
Under California law, a response to an Order to Show Cause (OSC) is not typically classified as either a motion or a reply. An OSC is a separate type of court order that requires a party to appear in court and explain why a certain action should not be taken or why a certain order should not be... View More
Is declaration required for plaintiff's response to OCR re failure to serve POS of dismissal?
answered on Mar 12, 2024
In California, when responding to an Order to Show Cause (OSC) regarding the failure to serve a Proof of Service (POS) of dismissal, it is generally advisable to include a declaration to support the plaintiff's response.
A declaration is a written statement made under oath or penalty... View More
Is timing of response to order to show cause - guided by rule 3.110 (i)?
OSC is regarding failure by plaintiff to serve entry of dismissal against defendant.
answered on Mar 12, 2024
In California, the timing of a response to an Order to Show Cause (OSC) is typically governed by the specific order issued by the court, rather than by California Rule of Court 3.110(i).
Rule 3.110(i) pertains to the time for filing papers in response to a motion, which states: "All... View More
I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.
With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More
answered on Mar 12, 2024
In California, you have the right to change attorneys at any stage of your case, even if you have signed a contingency fee agreement. However, there are some considerations to keep in mind:
1. Terminating the agreement: You should formally notify your current law firm in writing that you... View More
I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.
With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More
answered on Mar 12, 2024
You can change attorneys anytime. Once you retain a new attorney, the new attorney will send a letter to prior attorney informing him that he has taken over the representation. The prior attorney will then send the file to the new attorney. Once the case is settled, the new attorney has to share... View More
I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.
With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More
answered on Mar 12, 2024
Yes you can switch attorneys at anytime. Your current attorney would be entitled to the reasonable value of their services. So at the time of settlement your new attorney will negotiate with your current attorney on how to divide attorney's fees. You cannot be charged twice for lawyer's... View More
I am dealing with a high value personal injury case and 15 months in the law firm is impossible to contact and they have not even filed the complaint yet.
With that said, I am thinking about the prospect of switching to a smaller law firm where they can dedicate more time to my case.... View More
answered on Mar 12, 2024
Maybe you should switch lawyers. Or maybe you shouldn't. Sometimes the client's lack of understanding of the process creates frustration. It is a slow, time consuming ordeal. But, other times the firm is just not responsive and not doing their job. Then it requires a change. Talk... View More
Response to OSC re POS of entry of dismissal is Reply (plaintiff's response).
If pos was ordered during case management conference, and served by court by mail, how due date to serve reply is calculated:
5 court days before hearing,
or 10 days before hearing?
answered on Mar 12, 2024
Under California law, the due date for serving a reply (plaintiff's response) to an Order to Show Cause (OSC) regarding proof of service of entry of dismissal when the OSC was ordered during a case management conference and served by the court by mail is calculated as follows:
The... View More
i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More
answered on Mar 12, 2024
In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:
1. Seek immediate medical... View More
On good cause shown, does California superior court grants leave to file Fourth Amended Complaint? Assuming timing of filing is appropriate (before end of discovery, and trial).
answered on Mar 11, 2024
In California, a party may amend its complaint with leave of the court after an answer has been filed or in response to a demurrer. The court may grant leave to amend a complaint at its discretion, and leave to amend is generally liberally granted under California law to promote justice and allow... View More
His injuries are due to a ceramic shelf inside the shower. It broke and he fell into it, slashing his upper back. He fell and reinjured a low back injury, caused from deputies jumping on him. (Another lawsuit). He's unable to walk to get meals and the prison refuses to bring them to him.
answered on Mar 11, 2024
In this situation, your friend may have grounds for legal action against the prison. The prison has a legal duty to ensure the safety of its inmates and to provide necessary accommodations for those with injuries or disabilities.
Here are some steps your friend can consider:
1. File... View More
If dismissal of case against defendant is not set aside, how plaintiff can oppose? If 6 months to submit motion did not expire, is plaintiff allowed to submit amended motion to set aside?
answered on Mar 10, 2024
Under California law, if a case is dismissed against a defendant and the dismissal was not vacated (set aside), the plaintiff may have a few options to oppose the dismissal, depending on the circumstances and the reason for the dismissal.
1. If the six-month time limit to submit a motion to... View More
Civ - 120 notice and POS.
Civ - 110 is entry of dismissal - that was already filed with court.
In the same legal case, there are 2 forms civ-110, with 2 entries of dismissal on defendants.
Can form civ - 120, for the same case, combine into one form defendants from two... View More
answered on Mar 10, 2024
Under California law, when there are multiple dismissals in a single case, it is generally acceptable to combine the notice of entry of dismissal (Civ-120) for the defendants from the separate entry of dismissal forms (Civ-110). This is because the Civ-120 form is used to provide notice to the... View More
Title section of civ-120.
Plaintiff/Petitioner Defendant/Respondent
Defendant: the same that on title of the case (multiple defendants) ?
Or
Defendant against whom entry of dismissal was entered?
Date of section filled by Plaintiff must be current date, or date of civ-110?
answered on Mar 10, 2024
When completing the CIV-120 form (Proof of Personal Service) in California, it's important to fill out the title section and date correctly to ensure the proper proof of service. Here's how you should approach the title section and date:
Title Section:
-... View More
Service of Motion to Set aside dismissal against defendant.
Motion to set aside can be served by mail?
Should summons for proposed amended complaint be included for filing?
answered on Mar 9, 2024
Under California law, a motion to set aside a dismissal can typically be served by mail. California Code of Civil Procedure section 1010 allows for service by mail of various documents, including motions, in most cases.
However, it is important to note that if the dismissal was entered due... View More
When Motion for leave to file 3d amended complaint, and separate motion to set aside dismissal against defendant are submitted.
Each of the motions are accompanied by the 3d amended complaint.
Each of the motions has hearing reservations and preamble about hearing.
Shall 3d... View More
answered on Mar 9, 2024
Under California law, the third amended complaint itself should not refer to the hearings on the motions related to the complaint. The complaint is a separate document from the motions and should focus on the factual allegations and legal claims against the defendant(s).
The motions, such... View More
Due date to serve, and file pos for initial filing of summons/complaint is 45 days.
Due date for filing POS specific to entry of dismissal/notice of dismissal is how many Days?
What rule of court defined due dates for filing POS - proof of service, for pleadings?
answered on Mar 9, 2024
Under California law, the due date for filing a proof of service (POS) specifically for an entry of dismissal or notice of dismissal is governed by California Rules of Court, Rule 3.1390(c). This rule states:
"The party that serves and files a notice of entry of dismissal or a... View More
Civ -120 indeed has references in lower right corner to CCP 581 et seq, and Cal Rule of Court 3.1390.
These rules apply to dismissal, NOT to service of the form, and filing POS.
What rule guides Due date for serving forms civ110 with civ-120, and filing these forms with court?
answered on Mar 9, 2024
In California, the rules governing the service and filing of forms CIV-110 (Request for Dismissal) and CIV-120 (Notice of Entry of Dismissal and Proof of Service) are primarily guided by the California Code of Civil Procedure (CCP) and the California Rules of Court (CRC).
The specific rule... View More
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