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How to demand that the defendant authenticate any documents or evidence provided to establish the affiliation of the identified individuals at the relevant times, in accordance with the California Evidence Code.
Production Demand?
How to ensure authenticity of document?... View More 
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answered on Jun 13, 2024
Under California law, you can demand that the defendant authenticate any documents or evidence provided to establish the affiliation of the identified individuals at the relevant times by including a "Production Demand" in your discovery request. This is done in accordance with the... View More
What legal means, statutes and rules, California legislative mechanism provides to ensure that:
1. Instead of depositions of unidentified persons in future, Defendant must respond to interrogatory with actual identity, personal information of individuals as defined by CCP 1798.3(a);... View More
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answered on Jun 12, 2024
Under California law, there are several legal mechanisms available to ensure that a defendant identifies specific individuals and provides their personal information in response to interrogatories, as well as proof of their affiliation with the defendant at the relevant times:
1. California... View More
Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?
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answered on Jun 10, 2024
Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:
1. Federal law (the Lautenberg Amendment) prohibits... View More
I need assistance filling and drafting these documents.
1)Complaint; Claims 42 U.S.C 1983, 1985, 1986
2) Temporary Restraining Order (TRO) Request
3) Preliminary Injunction Request
4) Affidavit
5) Memorandum of Law
6) Summons and Notice of... View More
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answered on Jun 9, 2024
Here is some information to help you draft the key documents for filing a civil rights complaint under 42 U.S.C. 1983, 1985, and 1986 in California with multiple defendants:
1. Complaint
- Identify yourself as the plaintiff and list all defendants
- State the basis of the... View More
A defendant with an indictment case wad bailed out of jail and left the state against court order. The person that bailed him out has gone with them.
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answered on May 27, 2024
Under California law, if a person who posted bail for a defendant helps them flee the jurisdiction or violate the conditions of their bail, they could face serious legal consequences. This is especially true if there was a court order prohibiting the defendant from leaving the state.
In... View More
I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?
I cannot find an answer anywhere. I emailed... View More
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answered on May 26, 2024
The Ninth Circuit Court of Appeals decision in USA v. Duarte did rule that the federal ban on firearm possession by nonviolent felons is unconstitutional. However, this decision is not currently in effect and does not mean that all nonviolent felons can immediately purchase or possess firearms... View More
San Jose State police misconduct
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answered on May 24, 2024
To extend a police misconduct case until final damages are assessed, you need to file a motion for a continuance in federal court. This motion should clearly state the reasons why an extension is necessary, such as the need to gather more evidence, assess ongoing damages, or secure crucial witness... View More
Hospital defined in conditions of admission that 'hospital' must follow directions of doctor subcontructor.
With such prayer,
What statute defines that hospital shall not obey order of subcontractor to disclose records of patients without authorization?
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answered on May 23, 2024
Under California law, there are several statutes that protect patient privacy and prohibit hospitals from disclosing unauthorized information, even if ordered to do so by a subcontractor such as a doctor. The most relevant statutes are:
1. California Confidentiality of Medical Information... View More
Defendant can bring up testimonies of thousand interdependent witnesses that plaintiff has been more likely dead than alive.
Would it be preponderant against plaintiff's allegations of most likely alive?
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answered on May 23, 2024
In California, the standard of proof in civil cases is "preponderance of the evidence." This means that the party with the burden of proof must present evidence that is more likely to be true than not true. In other words, if the evidence presented by the plaintiff and the defendant are... View More
Conditions of Admission are very specific in respect to Hospital Physician Relationship, stating that doctor is independent consultant, and hospital has to perform doctor's directions.
Does it mean that Hospital's information services, in-house or consultants, have to produce for... View More
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answered on May 23, 2024
Under California law, unauthorized disclosure of medical records is strictly regulated by the Confidentiality of Medical Information Act (CMIA). The hospital and its information services, whether in-house or consultants, are required to obtain patient authorization before releasing medical records,... View More
Hoffman v. 162 North Wolfe LLC (2014) 228 Cal.App.4th 1178,1187, 175 Cal.Rptr.3d 820 (Hoffman); LiMandri 52 Cal.App.4th at p.
337, 60 Cal.Rptr.2d 539 [“As a matter of common sense, such a relationship can only come into being as a result of some sort of transaction betweent... View More
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answered on May 23, 2024
Under California law, the hospital may be held liable for the actions of its employees and contractors who disclose patient records without authorization. When a computer technician employed by the hospital discloses patient records to a hospice without proper authorization, the hospital could be... View More
In CFCA case, can supposed plaintiff's 'gullability' be a factor?
Plaintiff was induced into hospice with non-existent terminal diagnosis, extremely week after hospital associated complications: after two large volume blood transfusions and infection.
Once became... View More
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answered on May 21, 2024
Under the California False Claims Act (CFCA), the plaintiff's gullibility is generally not a significant factor in determining the validity of the claim. The focus is on the defendant's actions and whether they knowingly submitted false or fraudulent claims to the government for payment... View More
What statute and legal theory define direct liability of hospital for wrong blood test data by hospital laboratory, basis for fraudulent non-existent terminal disease. Referral to hospice was based on this terminal disease.
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answered on May 18, 2024
Under California law, there are a few potential statutes and legal theories that could apply in a case where a hospital laboratory provided erroneous blood test results indicating a non-existent terminal disease, leading to an improper referral to hospice care:
1. Medical Negligence... View More
What legal theories presume that expert witness testimony is not required?
Fiduciary duty is such, as well as fraud. What are others?
Given that case is not medical professional negligence.
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answered on May 17, 2024
In California, there are several legal theories that generally do not require expert witness testimony, apart from medical professional negligence cases. Some of these include:
1. Breach of Contract: In most breach of contract cases, the terms of the contract and the actions of the parties... View More
When hospice fraud CFCA case filed, will ostensible agency liability be considered?
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answered on May 17, 2024
Under California law, when a hospice fraud case is filed under the California False Claims Act (CFCA), ostensible agency liability could potentially be considered, depending on the specific facts and circumstances of the case.
Ostensible agency, also known as apparent agency, refers to a... View More
How relationship between malpractice case can CFCA case can realistically impact CFCA case, filed after malpractice case?
Given that either case meets statute of limitations, and focused on hospice fraud.
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answered on May 17, 2024
Under California law, the relationship between a medical malpractice case and a California False Claims Act (CFCA) case, both focused on hospice fraud, can have a significant impact on the CFCA case if it is filed after the malpractice case. Here's an analysis of how the malpractice case might... View More
Based on what definition, criteria hospice fraud can be deemed complex case?
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answered on May 17, 2024
Under California law, a hospice fraud case may be deemed complex based on several factors outlined in Rule 3.400 of the California Rules of Court. Some of the key criteria that could make a hospice fraud case complex include:
1. Multiple parties involved: If the case involves a large number... View More
Pros and cons of motion for summary judgement by plaintiff in medical malpractice case with focus on hospice fraud
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answered on May 17, 2024
Under California law, here are some key pros and cons of a plaintiff filing a motion for summary judgment in a medical malpractice case focused on hospice fraud:
Pros:
1. Expedited resolution: If successful, a summary judgment motion can resolve the case quickly without the need for... View More
1. Hospice fraud is common law fraud and breach of fiduciary obligations - by referring hospital and by hospice.
2. Thus expert testimony is not required given that plaintiff is alive and does not have lethal kidney disease and any kidney disease,
2.5 years after record of... View More
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answered on May 16, 2024
I can provide some general information, but for a definitive legal analysis, it's best to consult with a qualified California attorney. That said, here are a few thoughts:
1. Hospice fraud could potentially involve common law fraud and breach of fiduciary duty claims in some... View More
In medical malpractice case with hospice fraud, when medical evidences exist that plaintiff is healthy, what are authorities that testimony of legal medical expert is not required? Would MDJ require medical expert testimony?
(Unless CFCA case is the answer)
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answered on May 16, 2024
Under California law, there are certain situations where expert medical testimony may not be required in a hospice fraud case, even when medical evidence exists showing the plaintiff is healthy. Here are a few relevant authorities and considerations:
1. The "common knowledge"... View More
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