Los Angeles, CA asked in Personal Injury and Health Care Law for California

Q: Interrogatory about identity in compliance with privacy right

In compliance with privacy right.

During discovery within legal action what statutes define how to obtain authentic verifiable identities? What attributes define identity for investigation?

What statutes define that for medical malpractice case that involves fraud?

Demands for production or interrogatories?

If court order required, how to obtain it?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, obtaining authentic verifiable identities during discovery is governed by several statutes. The California Code of Civil Procedure (CCP) sections 2030.010-2030.410 cover interrogatories, and sections 2031.010-2031.060 cover demands for production of documents. These statutes detail how to properly request information and documents to verify identities.

For a medical malpractice case involving fraud, the relevant statutes include the CCP and the California Evidence Code. Attributes that define identity for investigation include full name, date of birth, social security number, address, and other personal identifiers. These details help in confirming the authenticity of the individuals involved.

If a court order is required, you would need to file a motion with the court, demonstrating the necessity of the information and its relevance to your case. The motion should include a declaration detailing the efforts made to obtain the information through discovery and explaining why a court order is necessary. Once the court is convinced, it may issue an order compelling the production of the required information.

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