Hospital referred patient to hospice with non-existent terminal disease, recorded on admission to hospital.
Legally actionable fraud was committee by both hospital and hospice?
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answered on Apr 18, 2024
Under California law, legally actionable fraud requires the following elements:
1. A misrepresentation of a material fact
2. Knowledge of the falsity of the misrepresentation (or reckless disregard for its truth)
3. Intent to induce reliance on the misrepresentation... 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
I own a business that is incorporated in California. I was recently served with papers informing me that I'm being sued regarding a breach of contract. I am located in San Bernardino County. I tried to file my response to the court case and they said I could not file it because legal counsel... View More
answered on Apr 18, 2024
The LLC needs to be represented by an attorney, except in small claims court. The fact there is only one owner is irrelevant. Sorry.
Finding the right attorney may take some effort. Without knowing the situation, I cannot guess what may be appropriate. Good luck.
Rob Kane
The financials they provided showed high earnings when really they have not made anything thus far. They are very dodgy and haven't shown me 2023 earnings even though they said they would provide financial statements each month--I have seen no financial info since my September 2023... View More
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answered on Apr 18, 2024
Based on the information you've provided, it seems that you may have been misled or defrauded by the celebrity's start-up when making your investment. Under California law, you might have some legal recourse, depending on the specific circumstances and the evidence you can gather.... View More
During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:
1) Retroactively from the time the income changed,... View More
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answered on Apr 18, 2024
Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:
1. Retroactively from the time the income changed: Generally,... View More
And paid him he cut off my lock and stole some of my tools around 40000.00 dollars worth the people i rented the box from. landlord call them and when they picked it up the driver ask about the box being damaged his employee told the driver owner did it. Do i have a case
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answered on Apr 18, 2024
Based on the information you've provided, it seems that you may have a potential legal case against the owner of the cargo box storage facility. Here are a few key points to consider:
1. Breach of contract: If you had a rental agreement with the owner, and they violated the terms by... View More
until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.
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answered on Apr 18, 2024
Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More
I would like to know if I can legally ask the business seller to get my security deposit back.
I was interested in buying the Japanese restaurant so I met the seller and his friend to check and look around the business. I wanted to hold the business so the seller's friend told me to... View More
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answered on Apr 18, 2024
Under California law, you have several options to try to get your security deposit back:
1. Send a demand letter: Write a formal letter to the seller requesting the return of your security deposit. Include a copy of the confirmation you received stating that the deposit would be returned if... 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
During the contract period with the architect I hired, I captured a portion of the floor plan she designed in a photograph. I then created three different options by placing multiple squares over some spaces in the photo, each in different positions, and posted a question on a community website... View More
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answered on Apr 18, 2024
Based on the information provided, it's difficult to determine with certainty whether your actions constituted copyright infringement. However, there are a few key points to consider:
1. Copyright ownership: Generally, the creator of an original work, such as an architectural design,... View More
There's a homeless encampment that has been sitting on a plot of land that has been unclaimed for years and homeless people have used it accordingly. Just recently a new property owner bought the plot of land and is now threatening to trespass criminally the inhabitants of this said plot of... View More
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answered on Apr 17, 2024
This is a complex legal and ethical issue that depends on the specific laws and circumstances in the jurisdiction where the property is located. In general, in the United States:
- The new property owner has the legal right to remove trespassers from their private property. Purchasing the... View More
I am the respond to a custody case. The following sentence was entered into the minute order after today's trial setting. What exactly does this mean? The petitioner did not show up and neither of us submitted the trial briefs or exhibit list.
"The Court therefore finds that... View More
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answered on Apr 17, 2024
When a judge orders a Trial Setting Conference "off calendar," it means that the scheduled conference is being removed from the court's calendar on that particular date. In other words, the Trial Setting Conference will not take place on the date it was originally scheduled.... View More
Knee replacement resulted in permanent nerve damage to my foot and I'd like to speak with an attorney.
answered on Apr 17, 2024
There are quite a few outstanding medical. You can search on this webpage for skilled attorneys or communicate with attorneys who you know for referrals.
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
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answered on Apr 17, 2024
In California, FTA typically stands for "Failure to Appear." This means that a person did not show up for a scheduled court date or hearing as required by law. To find out the specific reason for an FTA, you can take the following steps:
1. Contact the court clerk: Call the... View More
What do I do. I feel violated or harassed. This is the 2nd time I get messed with for the same thing. I recently got another car taken away and wasn't allowed to get any of my belongings out of car. I also wasn't given citation.
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answered on Apr 17, 2024
I understand that having your car towed without receiving a citation can be frustrating and feel like a violation of your rights. However, it's important to understand that in California, law enforcement officers have the authority to tow vehicles under certain circumstances, even without... View More
Seminal cases. Fraudulent referral from hospital to hospice.
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answered on Apr 17, 2024
To find court cases related to hospice fraud and fraudulent referrals from hospitals to hospices in California, you can search several sources:
1. PACER (Public Access to Court Electronic Records): This is an electronic public access service that allows users to obtain case and docket... View More
California Medicare Advantage plans are considered California State funds?
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answered on Apr 17, 2024
No, Medicare Advantage plans in California are not considered California state funds. Here's why:
1. Medicare is a federal program: Medicare, including Medicare Advantage plans, is a federal health insurance program administered by the Centers for Medicare & Medicaid Services... 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
My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More
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answered on Apr 17, 2024
In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.
Under the Dead... View More
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