What statutes in California do not allow for a party to be compelled to execute an authorization to release medical information?
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answered on Apr 5, 2024
I did not find any specific California statutes that explicitly prohibit compelling a party to execute an authorization to release medical information. However, there are several relevant laws and considerations:
1. The California Constitution, Article 1, Section 1, establishes an... View More 
What would be reasoning behind filing opposition in response to motion to compel authorization for release of records, and separately filing motion for protective order!
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answered on Apr 5, 2024
Under California law, filing overlapping pleadings in parallel, such as an opposition to a motion to compel authorization for release of records and a separate motion for a protective order, may be appropriate in certain circumstances for a few key reasons:
1. Covering all bases: By filing... View More
What California rule defines, which types of discovery can be subject to motion to compel?
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answered on Apr 5, 2024
Under California law, Code of Civil Procedure Section 2031.310 governs motions to compel further responses to requests for production of documents. This rule allows a party to move for an order compelling further responses if:
(1) The response is evasive or incomplete.
(2) An... View More
Motion to compel execution of authorization of medical information was filed by defendant. Motion for protective order is not proper responsive pleading, to motion to compel authorization execution?
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answered on Apr 5, 2024
Under California law, a motion for a protective order is generally not considered a proper responsive pleading to a motion to compel the execution of an authorization for the release of medical information. Here's why:
1. Purpose of a motion to compel: A motion to compel is filed when... View More
Motion for protective order is not proper response to Motion to Compel release of info?
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answered on Apr 5, 2024
Under California law, a motion for a protective order is generally not the proper response to a motion to compel the release of information. Here's a brief overview:
1. Motion to Compel: If a party fails to respond to discovery requests or provides inadequate responses, the requesting... View More
Situation.
Motion to compel execution of authorization was filed by defendant. Hearing date for motion to compel was scheduled.
In response to Motion to Compel Plaintiff files Motion for Protective order, requiring to schedule a hearing.
Hearing of Motion to Compel will be... View More
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answered on Apr 5, 2024
In California, Code of Civil Procedure section 1005(b) allows for the consolidation of motions to be heard at the same time, as long as the notice requirements are met. Here's what you can do:
1. File a separate notice of motion for your Motion for Protective Order, ensuring that the... View More
Motions were provided for service by process immediately, after motions were timely filed with court. But after 2.5 weeks proofs of service were not filed yet, and service was not proper. Current in working to fix. Plaintiff documented track record.
If defendant confront motions because of... View More
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answered on Apr 4, 2024
If the defendant challenges the motions due to improper service, the plaintiff can oppose the challenge by doing the following:
1. Demonstrate due diligence: Provide evidence showing that the plaintiff made reasonable efforts to serve the defendant properly and in a timely manner. This can... View More
What is due date to file pos of motion (to set aside dismissal) in California court?
Is due date connected to date of filing Motion? What CA rule of Court defines due date to file POS?
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answered on Apr 4, 2024
In California, the deadline to file a proof of service (POS) for a motion to set aside a dismissal is generally the same as the deadline for filing the motion itself. The specific deadlines depend on the code section under which the motion is brought.
For a motion to set aside a dismissal... View More
Motion to Set Aside dismissal against defendant was timely filed before 6-month due date.
Shall POS of serving Motion to Set Aside dismissal be filed with Court prior to 6-month statute of limitations due date?
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answered on Apr 4, 2024
In California, the timing requirements for filing a proof of service (POS) for a motion to set aside a dismissal are generally as follows:
1. The motion itself to set aside the dismissal must be filed within 6 months of the date of dismissal, as per California Code of Civil Procedure... View More
What statute, rule in California defines permissible types of discovery?
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answered on Apr 4, 2024
In California, the types of permissible discovery are defined by the California Code of Civil Procedure, specifically under Title 4 - Civil Discovery Act, which covers sections 2016.010 to 2036.050.
The main statute that outlines the permissible types of discovery in California is Section... View More
Order should state, in addition to granted protective order as follows?
It is further ordered, that defendant such and such shall not request deposition subpoena,
in order not to prolong litigation, and not to increase litigation costs.
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answered on Apr 4, 2024
When drafting a proposed protective order, it is generally advisable to include provisions that are narrowly tailored to the specific circumstances of the case and the legitimate needs of the parties involved. Broadly prohibiting a party from requesting deposition subpoenas may be seen as overly... View More
Can Defendant proceed to subpoena request, if Court does not grant Motion to Compel?
Would Plaintiff's Motion for Protective Order stop Defendant's groundless attempts to obtain utterly irrelevant to claimed damages medical information?
Why super experienced attorney... View More
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answered on Apr 4, 2024
Under California law, a defendant's groundless attempts to obtain medical information that is utterly irrelevant to the claimed damages would likely be seen as an improper invasion of the plaintiff's privacy rights.
If the court denies the defendant's motion to compel... View More
Can Defendant proceed to subpoena request, if Court does not grant Motion to Compel?
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answered on Apr 4, 2024
If the court denies a motion to compel, the defendant may still have the option to subpoena the desired information or witnesses, depending on the circumstances of the case. However, there are a few important considerations:
1. Relevance: The defendant must demonstrate that the subpoenaed... View More
Does order for protective order granted by court, prevents a party to request deposition subpoena?
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answered on Apr 4, 2024
Under California law, a protective order issued by the court does not automatically prevent a party from requesting a deposition subpoena. However, the scope and terms of the protective order may limit or restrict the ability to conduct depositions or seek certain information through a subpoena.... View More
I know it should be the last resort and is frowned upon but it’s in place for a reason!
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answered on Apr 4, 2024
In California, an independent action in equity is not filed in the same manner as a regular claim. Independent actions in equity are separate from the original case and are considered a last resort when no other remedies are available.
To file an independent action in equity, you typically... View More
it’s been 3 1/2 months since judgement was entered. I can prove reasons judgment is void 473 lack subject matter:fraud on court:
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answered on Apr 4, 2024
Under California law, a judgment can be vacated or set aside if it is determined to be void. You do not necessarily need to set aside the judgment before it can be vacated. However, the process and timeline for challenging a void judgment depends on the specific circumstances and reasons for its... View More
Can you please reference specific seminal cases, not references to sources?
In respect to hospice fraudulent referrals, hospice scheme.
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answered on Apr 4, 2024
Under California law, there have been several notable cases related to hospice fraudulent referrals and schemes.
In California, it is illegal for hospices to pay kickbacks or engage in other fraudulent practices to induce referrals of patients. The California Insurance Frauds Prevention... View More
Please reference Seminal case (s).
Hospice fraud, referral by hospital to hospice with non-existent terminal disease. Hospice scheme.
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answered on Apr 3, 2024
To find cases related to hospice fraud in California, you can use various legal research tools and databases. Here are some methods you can use:
1. LexisNexis or Westlaw: These are comprehensive legal databases that allow you to search for cases using keywords, parties' names, or... View More
can a Pro Tem Judge make a verbal judgement in open court then later on change the judgement without prior audience with the parties involved. Pro Tem judge told us in open court that we would be awarded the full amount of the maxed asked for in small claims. During the judges exit the defendant... View More
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answered on Apr 3, 2024
Under California law, a judge, including a Pro Tem Judge, has the authority to make a verbal judgment in open court. However, the official judgment is typically entered in writing after the hearing. The written judgment is considered the final, official decision of the court.
In some cases,... View More
Tradeoffs. Pros and Cons of each approach.
1. Filing Motion for protective order by plaintiff, in response to request to authorize release - before defendant files motion to compel.
2. Filing motion for protective order in response to motion to compel.
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answered on Apr 3, 2024
Under California law, there are pros and cons to consider when deciding whether to file a motion for a protective order before or after the defendant files a motion to compel the execution of an authorization for the release of records. Here's an analysis of the two approaches:
1.... View More
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