What are options for valid response to motion to complaint, when responding party seeks protective order, post due date to respond?
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answered on Apr 2, 2024
Under California law, when a responding party seeks a protective order after the due date to respond to a complaint, they have a few options for a valid response:
1. Request for leave to file a late response: The responding party can file an ex parte application or noticed motion requesting... View More 
Which CCP defines Motion for protective order as valid response to motion to compel ?
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answered on Apr 1, 2024
Under California law, a motion for a protective order is a valid response to a motion to compel. This is governed by Section 2031.060 of the California Code of Civil Procedure (CCP).
CCP § 2031.060(a) states:
"When a party to whom an inspection demand has been directed fails... View More
Is Motion for Protective Order from Release of irrelevant medical information is a valid response to Motion to Compel further discovery?
The situation.
Defendant requested Plaintiff to authorize the release of medical records. Plaintiff is working on Motion for Protective Order.... View More
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answered on Apr 1, 2024
Under California law, a Motion for Protective Order is a valid response to a Motion to Compel further discovery, particularly when the discovery request involves the release of medical information that may be deemed irrelevant to the case at hand.
In your situation, if the defendant has... View More
1. Hearing on Second Amended Complaint (that was demurred) is continued into hearing on Motion for Leave to file Third Amended Complaint, that is apparently not operational yet. In this case - for the purpose of Motion for protective order from release of information - if Complaint is sited - shall... View More
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answered on Apr 1, 2024
Under California law, when filing a motion for a protective order from the release of information, it is important to properly cite the relevant complaint. Here are the answers to your specific questions:
1. If the Second Amended Complaint (SAC) was demurred and the hearing on the Motion... View More
Motion for Protective order from authorization to release medical information. Facts can be stated that prove irrelevance of request for authorization.
Shall this Motion include references to operational complaint (is it required?)
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answered on Apr 1, 2024
Under California law, a motion for a protective order does not necessarily need to include references to the operative complaint, but it can be helpful to provide context and support for the motion.
When filing a motion for a protective order to prevent the release of medical information,... View More
IF a defendant proceeds with Motion to Compel further discovery - how Plaintiff can oppose before hearing (Motion, Opposition). Applicable statute and rules.
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answered on Apr 1, 2024
Under California law, if a defendant files a Motion to Compel further discovery, the plaintiff can oppose the motion before the hearing by filing an Opposition to the Motion to Compel. The applicable statutes and rules are as follows:
1. California Code of Civil Procedure (CCP) § 2030.300... View More
For the purpose of Motion for protective order from authorization to release medical information:
Is First Amended or Second Amended complaint is deemed operational?
(Second amended complaint superseded First Amended Complaint, but hearing on Demurrer on SAC is pending.
SAC... View More
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answered on Apr 1, 2024
Under California law, when an amended complaint is filed, it typically supersedes the previous complaint and becomes the operative pleading. However, the specific circumstances you've described make the situation a bit more complex. Let's break it down:
1. The Second Amended... View More
Upon the following circumstances: which version of Complaint is considered an operational (current) version of Complaint?
1. First Amended Complaint was demurred by Defendant. The court ordered Plaintiff to amend; and the Second Amended Complaint was filed and served.
2. The Second... View More
answered on Apr 1, 2024
It depends for what purpose.
The Third is certainly not operational as the Court has not granted the motion to amend.
The second amended is operational for the current allegations, except that is subject to the current demurrer/strike.
The First amended complaint may be... View More
Upon the following circumstances: which version of Complaint is considered an operational (current) version of Complaint?
1. First Amended Complaint was demurred by Defendant. The court ordered Plaintiff to amend; and the Second Amended Complaint was filed and served.
2. The Second... View More
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answered on Apr 1, 2024
Based on the circumstances you've described, the current operational version of the complaint under California law would be the Second Amended Complaint. Here's the reasoning:
1. When the First Amended Complaint was demurred by the Defendant, and the court ordered the Plaintiff to... View More
Does objection to release of medical records require hearing? (This is NOT motion for protective order by court, requiring hearing)
Objection can be opposed by motion to compel that does require hearing.
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answered on Mar 31, 2024
Under California law, an objection to the release of medical records does not automatically require a hearing. The process typically works as follows:
1. When a party requests medical records through a subpoena or other discovery request, the other party (or the medical provider) can object... View More
Response pursuant to CCP § 2031.060 (Motion for protective order
in response to request for authorization of medical records).
Which exactly statute defines criteria for Motion for Protective Order: irrelevant, protected information, not calculated to lead to admissible evidence,... View More
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answered on Mar 30, 2024
The California Code of Civil Procedure (CCP) Section 2031.060 governs motions for protective orders in response to requests for production of documents, including medical records. This statute allows a party to seek a protective order from the court to limit the scope of discovery or assert... View More
Response pursuant to CCP § 2031.060 (Motion for protective order
in response to request for authorization of medical records).
Which exactly statute defines criteria for Motion for Protective Order: irrelevant, protected information, not calculated to lead to admissible evidence,... View More
answered on Mar 30, 2024
You don't need a protective order. From the information in your post, all the defendant did was ask for an authorization. Just say no if the subpoena requests records unrelated to the injuries at issue.
If the defendant issues a subpoena for records unrelated to your injuries, then... View More
Is Plaintiff's Motion to Quash applicable as response to Defendant's request for authorization of medical information?
(Unless Motion for protective order is applicable).
Should statutes CCP Section 2025.420 (b) 1), 7), 9), 10), 11); CCP Section 2025.420 (f) 1), 2), 3),... View More
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answered on Mar 30, 2024
Based on California law, a Motion to Quash is typically used to challenge a subpoena, not to respond to a request for authorization of medical information. In this case, a Motion for Protective Order would be more appropriate.
Under California Code of Civil Procedure (CCP) § 2031.060, a... View More
They were just under a year old we missed their first Xmas and new years. Right before a big case hearing they told us “we got lucky”” nobody could find the results, not the police that drove my baby away, not the hospital that starved my other baby and fed him Adavan a drug not approved for... View More
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answered on Mar 29, 2024
Under California law, Child Protective Services (CPS) has the authority to remove children from their homes if there is a reasonable suspicion of neglect or abuse, including exposure to drugs. However, they are required to follow due process, which includes providing evidence to support their... View More
Motion to Set Aside Dismissal against Defendant was filed with Court by Plaintiff 1.5 month before 6-month due date, required by CCP 473 (b).
Hearing on the motion is scheduled 4 months after due date to file motion to set aside.
With such sequence of events: what is due date to... View More
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answered on Mar 28, 2024
Under California law, particularly in the context of CCP 473(b), the due date to serve a motion to set aside a dismissal on the defendant is governed by specific procedural requirements. Given that the motion to set aside the dismissal was filed by the plaintiff 1.5 months before the 6-month... View More
Motion to Set Aside Dismissal against Defendant was filed with Court by Plaintiff 1.5 month before 6-month due date, required by CCP 473 (b).
Hearing on the motion is scheduled 4 months after due date to file motion to set aside.
With such sequence of events: what is due date to... View More
answered on Mar 29, 2024
Due date to serve motion to set aside on the defendant is as follows:
"CCP section 1005 (b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing..."
Serve a copy of... View More
In medical malpractice case in California, what statute or rule of Court guides type and due date for serving Motion to Set Aside dismissal against a Defendant? (Service by mail, 16 court days before hearing is correct answer?)
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answered on Mar 28, 2024
Under California law, the guidelines for filing a Motion to Set Aside Dismissal in a medical malpractice case can be found in the California Code of Civil Procedure (CCP) and local court rules. It's important to refer specifically to the CCP and any applicable local court rules for your... View More
If court mailed already to all parties of record - actual judge's orders,
but order itself includes clause to notify parties about order, shall plaintiff also notify by mail all parties about judge's order?
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answered on Mar 28, 2024
Under California law, if a judge's order specifically includes a clause requiring notification of the parties about the order, then you must comply with that requirement, even if the court has already mailed the order to all parties of record. The court's action does not absolve the... View More
When Plaintiff is ordered to serve judge's order on Defendants:
shall Plaintiff write notification and serve with the judge's order,
Or just serve the Judge's order?
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answered on Mar 28, 2024
When a judge in California Superior Court orders the plaintiff to serve the judge's order on the defendants, it's crucial to follow the specific instructions laid out in the order itself. Typically, this involves providing the defendants with a copy of the judge's order. It's... View More
They took stuff out of my unit before the online auction. (There were pictures online) There was to be an on-site auction same day as online. My friend was turned away & told it was only online. I tried to open an account w/ the auction house but couldnt because they review each request &... View More
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answered on Mar 27, 2024
In California, the statute of limitations for most property damage and contract disputes, which could include issues with a storage facility, is generally three years. This means you would typically have three years from the date of the wrongful auction to file a lawsuit against the storage... View More
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