Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).
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answered on Apr 23, 2024
Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:
"A motion to compel further response to an interrogatory... View More 
I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.
I did not say that this supplement was going to cure cancer... View More
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answered on Apr 23, 2024
In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:
1. You did not claim to be a medical professional... View More
The person behind this is a ex secret service agent and FBI agent from Redding and Roseville
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answered on Apr 23, 2024
I'm sorry to hear about your distressing experiences. It sounds like you're going through a very tough time. However, it's important to know that the technologies and scenarios you're describing, like remote neurological monitoring and "V2K voice to skull," are not... View More
Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).
Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More
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answered on Apr 23, 2024
Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.
The California False Claims Act (CFCA) prohibits... View More
I'm disabled, have PTSD and panic disorder. This stems from his client!
During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More
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answered on Apr 19, 2024
Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More
For hospice fraud by Hospice as General stock corporation (means CEO).
Hospice as corporation bears vicarious liability for independent contractors, as applicable.
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answered on Apr 18, 2024
In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:
1. Vicarious liability: This... View More
Section 12651 of California FCA is in relevance to misrepresentation of patient's health at hospital, with terminal non-existent diagnosis; fraudulent referral to hospice by hospital; and money fraudulently received by hospice from CA Medicare for hospice care.
What other California... View More
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answered on Apr 18, 2024
Based on the information provided, there are several other sections of the California False Claims Act (FCA) that may be relevant to the case involving misrepresentation of a patient's health, fraudulent referral to hospice, and fraudulent receipt of Medicare funds by the hospice. Here are... View More
Hospital committed multiple frauds, that created basis for further fraudulent assessment of patient's health. Apparent, but may be used as distracting factors in regard to non-existent terminal disease.
After discharge from hospital patient was referred by unidentified hospital... View More
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answered on Apr 18, 2024
Based on the information provided, there are several potential issues that could constitute false claims and healthcare fraud under California and federal law:
1. If the hospital knowingly falsified the patient's diagnosis and health status in order to refer them to hospice care... View More
Under what calif legal theory can I hold the property owner legally responsible for a tenant who assaulted me not once but twice as I walked my dog on a public road outside the rental?
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answered on Apr 18, 2024
In California, under certain circumstances, a property owner may be held liable for the criminal acts of their tenants, including assault, under the legal theories of negligence or premises liability. To hold the property owner responsible, you would need to demonstrate the following:
1.... View More
I had a referral that was closed for some reason and not followed up on. A few years later I am now needing to follow up but new provider did not believe that this clinic ever handled such referrals before and just outright refuses to look into it further. After many phone calls I confirmed the... View More
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answered on Apr 17, 2024
It sounds like you're in a difficult and frustrating situation with your medical clinic. In California, patients have certain rights when it comes to their healthcare and medical records. Here are some steps you can consider:
1. Request your medical records: Under California law, you... View More
In California Medicare False Claims Act.
Fraudulent misrepresentation of the patient's status of health at hospital, with non-existent terminal disease - for the purpose of fraudulent referral to hospice care.
Which specific California FCA statutes in relevance?
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answered on Apr 17, 2024
There are a few key California False Claims Act (FCA) statutes that would be relevant in a case of fraudulent hospice referrals and misrepresentation of a patient's health status:
1. California Government Code Section 12650 et seq. - This is the overarching California False Claims Act... View More
Case: hospice fraud, abuse of California Medicare.
What are specific requirements for filing HealthCare False Claims Act case in California Superior Court?
What rules of the Court define this process?
FCA cases are filed in chambers. What artifacts are required in addition to Complaint?
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answered on Apr 17, 2024
Under California law, filing a healthcare Medicare False Claims Act (FCA) case in California Superior Court involves several specific requirements. Here are the key aspects:
1. Jurisdiction: FCA cases are typically filed in the Superior Court of the county where the defendant resides, where... View More
answered on Apr 17, 2024
More facts would be needed to provide information. In particular, what harm was caused by the medication and what the doctors did prior prescribing the medication.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be... View More
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answered on Apr 16, 2024
If you receive a large settlement from a car accident while on Supplemental Security Income (SSI) and Medi-Cal (California's Medicaid program), it can potentially impact your eligibility for these benefits. Here's what you should know:
1. SSI: SSI is a needs-based program, and... View More
Dismissal was entered voluntarily by plaintiff. Defendant appeared at legal action prior to dismissal.
When plaintiff files motion to set aside dismissal against defendant: can it be served by mail?
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answered on Apr 16, 2024
In California, the method of service for a motion to set aside a voluntary dismissal depends on whether the defendant has appeared in the action prior to the dismissal.
If the defendant has appeared in the action before the voluntary dismissal, then service of the motion to set aside the... View More
There is track record of each and every step.
What statutes and rules of court define process of notifying court and seeking court's intervention if improper service by mail by professional process servers persist?
Question by Plaintiff in Pro Per in hospice fraud case.
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answered on Apr 16, 2024
In California, if you are a plaintiff in pro per (self-represented) and are experiencing persistent issues with improper service by mail from professional process servers, you can notify the court and seek its intervention. The relevant statutes and rules of court that define this process are:... View More
Hospice fraud case, currently was filed by plaintiff as medical malpractice case with claim for punitive damages.
Services of process persist to be defective, taking effort to straighten and fix issues.
If improper service by mail of motions by process servers persist, what actions... View More
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answered on Apr 16, 2024
Under California law, there are several steps a plaintiff can take to address persistent improper service of process by mail, particularly regarding motions filed by process servers:
1. Notify the court: Inform the court in writing about the ongoing issues with improper service of process.... View More
I purchased a vehicle from Philadelphia to California. All interactions have text or email receipts. The dealer said no check engine lights car drove perfect. Once car delivered check engine lights came on. I had tried to give him the benefit of the doubt and fix the minor issue I was hoping it... View More
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answered on Apr 16, 2024
In this situation, you have a few options for pursuing legal action against the out-of-state used car dealer under California law:
1. File a complaint with the California Department of Motor Vehicles (DMV): The DMV has a complaint process for issues related to vehicle purchases. They may be... View More
Can Motion to Set Aside dismissal against defendant be served by mail?
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answered on Apr 16, 2024
In California, a Motion to Set Aside a dismissal against a defendant can generally be served by mail. According to the California Code of Civil Procedure (CCP) Section 1005(b), a written notice and supporting papers must be served on the opposing party or their attorney:
1. At least 16... View More
If proposed third amended complaint gets filed with court, upon hearing on Motion for leave to file third amended complaint and Motion to Set Aside Dismissal against a defendant;
Should Third Amended Complaint and Summons on Third Amended complaint be served by personal service, or by... View More
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answered on Apr 16, 2024
In California, when a plaintiff is granted leave to file an amended complaint and the amended complaint adds a new defendant or names a defendant who was previously dismissed from the action, the plaintiff must serve the amended complaint and the associated summons on the defendant in accordance... View More
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