Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Robert Kane
2 Answers | Asked in Personal Injury for California on
Q: FCA hospice schema

Government adopts hospice schema fraud when it is executed by independent contractors and medical institutions?

Robert Kane
Robert Kane
answered on Sep 22, 2024

The government does not adopt hospice schema fraud when it is executed by independent contractors and medical institutions.

View More Answers

2 Answers | Asked in Legal Malpractice for California on
Q: Allegations of hospice liability in FCA case.

Would hospice allege in false claims act lawsuit, that not liable for actions of independent contractors?

Robert Kane
Robert Kane
answered on Sep 22, 2024

Yes, the hospice will claim it is not liable for actions of independent contractors.

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: Does hospice owe corporate liability to patient for actions of independent contractor?

Does hospice owe corporate liability to patient for actions of independent contractor?

Robert Kane
Robert Kane
answered on Sep 21, 2024

It is unlikely a hospice would owe corporate liability to patient for actions of independent contractor.

View More Answers

3 Answers | Asked in Personal Injury for California on
Q: Slip and fall

So I had a slip and fall at Safeway and they first offered me 700$ which I declined and a week later they said it’s the janitor service company they use that are liable. I’ve been back and forth with the better business bureau Safeway and janiking. They both say they are not liable. Ive talked... View More

Robert Kane
Robert Kane
answered on Sep 21, 2024

Attorneys will not take a for two main reasons. The damages ($) do not justify the cost of bringing a lawsuit and proving the other party(ies) is liable is difficult (or impossible.)

View More Answers

1 Answer | Asked in Civil Litigation for Minnesota on
Q: If I am the respondent in a harassment restraining order and my name is spelt incorrectly

Allready went to a hearing to amend parts of the order and informed the judge of the spelling error but it wasn't still incorrect on the new copy. Does this make the order invalid? Seeing as that's not my name

Robert Kane
Robert Kane
answered on Sep 20, 2024

It is most likely valid. You know it is you; the other person knows it's you; and I am sure the police will know it's you when they show up.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Errors in legal description of property in mortgage loan documents

I had to file an affidavit for postponement after receiving a sheriff sale notice for my home. Upon filing the affidavit with the county recorder they informed me that the legal description did not match what they had on file. When I got home I checked my Abstract of title and confirmed not only... View More

Robert Kane
Robert Kane
answered on Sep 18, 2024

Unfortunately, there are some situations attorneys haven’t dealt with and are unable to respond to in a free online Q and A. I suggest you contact real estate attorneys directly.

2 Answers | Asked in Contracts, Foreclosure, Banking and Business Law for California on
Q: UPDATED: Guarantor responsibility when borrower SUFFERS unforeseeable illegal actions that result in impossibility

Thank you for responses. Added missing info. Small business gets loan, guaranteed by third party guarantor, for early operations (almost all went to into fixtures) with understanding loan would be repaid from cashflow. Services offered ONLY at facility, which must be permitted. Signed 10-yr lease... View More

Robert Kane
Robert Kane
answered on Sep 20, 2024

Impossibility is an affirmative defense you will need to raise in court if the creditor seeks to enforce the contract. The judge will determine if it is impossible under the law based on the specific facts.

View More Answers

3 Answers | Asked in Divorce for California on
Q: My ex pulled a fast one on me had me sign a paper so when we divorce it says I don’t want anything to do with the home .

I been paying mortgage from day 1 we remodeled everything she ended up put her and her dad name on the house now with a divorce ain’t i intitled to half the home we bought for 300,000.00 and now worth over (500,000) ain’t i entitle to the house as well ne living there for 15 years

Robert Kane
Robert Kane
answered on Sep 14, 2024

Without knowing what you signed, it's difficult to determine what is going on. As Mr. Taylor expressed, it is likely worthless unless you fail to properly assert your rights. An attorney will ensure you do not continue to sign such documents.

View More Answers

3 Answers | Asked in Municipal Law and Gov & Administrative Law for California on
Q: My question pertains to a California Municipal Public Agency subject to the Brown Act and other open meeting laws.

Are there laws regarding fiduciary responsibility for board members of a municipal public agency? More specifically can a board member initiate a large payment to an independent contractor without board knowledge or approval?

Robert Kane
Robert Kane
answered on Sep 14, 2024

What do you mean "initiate?"

View More Answers

1 Answer | Asked in Child Custody for Minnesota on
Q: Does mother have full custody if no custody has been established?

My son is 9, his dad and I have never been married and never established custody through the court. He is on the birth certificate and we signed a ROP at birth. We have always agreed on a schedule. He has a past of abuse, anger issues etc to not only myself but others. I feel he is not acting in... View More

Robert Kane
Robert Kane
answered on Sep 13, 2024

Who told you "not to because technically [you] have it and he has to file for parenting time."

1 Answer | Asked in Employment Law for Minnesota on
Q: My role at work was changed by my employer. Today I was told I could keep my position or accept an 8 week severance. Why

I feel like they are covering their tracks. In July they gave the ultimatum to accept new role or I could leave. Now they are saying they should have done things differently. It feels like they are being untruthful. Multiple people were in the same position and the role was outsourced and we were... View More

Robert Kane
Robert Kane
answered on Sep 10, 2024

An employer can most likely change anything about the terms of your employment it wishes. Please discuss this with an employment attorney in your area.

2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: My question pertains to a California Municipal Public Agency subject to the Brown Act.

This public agency is also an independent California corporation. What are the legal requirements for this entity to produce and publicly report meeting minutes?

Robert Kane
Robert Kane
answered on Sep 9, 2024

Perhaps you could name this public agency that is also an independent California corporation.

View More Answers

2 Answers | Asked in Civil Litigation for California on
Q: Do documents being served have to have a "filed" stamp by the clerk?

I ask this because I received a response from the defendants and it wasn't stamped. I believe they were late in their response but I can't tell because there is no filed stamp with the date.

Robert Kane
Robert Kane
answered on Sep 8, 2024

As a practical matter, a response will not be thrown out because it's a few days late.

View More Answers

1 Answer | Asked in Contracts for Minnesota on
Q: What action can I take against an insurance credentialing company in another state who breached contract?

From March -August I've had nothing but lack of communication, mistakes from contract managers and emails detailing these issues. I've tried numerous times to request a refund upon firing the agency and have been ignored. After canceling my contract the company attempted to withdraw funds... View More

Robert Kane
Robert Kane
answered on Sep 8, 2024

I apologize, but this may not be a post most attorneys can respond to without conducting research.

4 Answers | Asked in Domestic Violence, Family Law and Car Accidents for California on
Q: So I was involved in a incident I had calmly asked to press charges and file a restraining order but PD said I can’t

That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.

Robert Kane
Robert Kane
answered on Sep 8, 2024

Isn't what against the law?

The prosecutor determines whether to press charges, not the victim. The victim can file for a restraining order or alike.

https://selfhelp.courts.ca.gov/DV-restraining-order

View More Answers

2 Answers | Asked in Uncategorized for California on
Q: I live in transitional housing because I'm homeless, is it legal for make staff to open my door after knocking.

What if I had been in the shower and that's why I didn't answer. Even though they do not wait after knocking anyway. What if I had been naked when they did?

Robert Kane
Robert Kane
answered on Sep 7, 2024

Not to allow tenants the time to hide drugs, alcohol, weapons and other contraband substantially outweighs you the same time to get dressed. Obviously, you should change quickly and not walk around naked. A knock is enough time to cover up.

View More Answers

2 Answers | Asked in Traffic Tickets for Minnesota on
Q: In Minnesota Is there a reasonable chance of dismissing a speeding ticket based on observation of officer alone?

Officer said he does not have a radar or laser reading of my speed, but that he observed me going quickly after somebody called in a motorcycle

Robert Kane
Robert Kane
answered on Sep 8, 2024

If I were the judge, I would want to know why the officer gave you a ticket unless he was confident you were speeding. It seems unlikely an officer would give someone a ticket going 43 in a 40 when just eyeballing it.

View More Answers

2 Answers | Asked in Criminal Law for Minnesota on
Q: If a process server places legal documents on your car windshield is that considered a legal service?

Getting ready to drive and he set in on the windshield and it blew off. He did not place it under the wiper.

I did not know it was a process server.

The individual was chasing after my vehicle hours prior, and upon returning to the same location later, he appeared again. When he... View More

Robert Kane
Robert Kane
answered on Sep 6, 2024

It seems you were trying to avoid service. This will not go over well with the judge.

View More Answers

2 Answers | Asked in Divorce for California on
Q: Community property and trust funds

My husband (we are separated) has a trust fund that was set up by his grandmother before she passed. His grandfather is an inventor and is worth about half a billion dollars so it’s a substantial amount of money. Ok so his mom took out a loan on my husbands trust to pay for a house she purchased... View More

Robert Kane
Robert Kane
answered on Aug 27, 2024

The trust is likely separate property.

View More Answers

3 Answers | Asked in Criminal Law for Minnesota on
Q: If an officer lies on why he pulled u over and u can prove it and u catch a charge can u get the evidence thrown out
Robert Kane
Robert Kane
answered on Aug 26, 2024

Yes, If an officer lies on why he pulled u over and u can prove it and u catch a charge u can get the evidence thrown out (also called surpressed.)

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.