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1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: Role and responsibility of Defense, in preparation for in-camera review of privilege log.

Is it defense responsibility:

To compile privilege log

from discovery responses that defenses already provided throughout discovery;

AND inclusive responses that will be provided to the latest discovery that Plaintiff propounds?

James L. Arrasmith
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answered on Jun 15, 2024

Yes, under California law, it is typically the responsibility of the party asserting a privilege (in this case, the defense) to compile a privilege log for any documents or materials withheld from discovery on the basis of privilege. This includes privileged materials from previous discovery... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: For validation of authenticity of identity in this situation.

What Codes are relevant in order to validate authenticity of personal information of hospital service providers in this situation:

Data is maintained by public or local agencies,

but I request within the discovery process identity attributes, business records (i.e. authentic... View More

James L. Arrasmith
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answered on Jun 15, 2024

In California, there are a few relevant codes and laws that pertain to validating the authenticity of personal information of hospital service providers, especially when the data is maintained by public or local agencies and requested within the discovery process. Here are the key relevant codes:... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: Specific authorities, case law. Precedents of camera review for fraudulent unauthorized disclosure of information.

Specific authorities, case law. Precedents of camera review for fraudulent unauthorized disclosure of medical information.

James L. Arrasmith
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answered on Jun 15, 2024

For the most accurate and up-to-date information, I would strongly recommend consulting with a licensed California attorney who specializes in health law and privacy matters. They will be able to research the relevant statutes, case law, and legal precedents and provide you with a detailed... View More

1 Answer | Asked in Federal Crimes and Health Care Law for California on
Q: LA hospice fraud. Legal means to discover the identities of individuals. Motion for Court Order statute.

For a medical malpractice case involving fraud, how to make sure authentic identity data is obtained, protected by privacy rights.

Is in-chamber review of privilege log (including privacy right) a mechanism to do it?

If a court order is required, in addition to/or instead of motion... View More

James L. Arrasmith
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answered on Jun 15, 2024

To discover the identities of individuals in a medical malpractice case involving hospice fraud in California, while respecting privacy rights, there are a few key legal mechanisms and statutes to consider:

In-Camera Review: California Evidence Code Section 915 allows for in-camera review...
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0 Answers | Asked in Criminal Law and Federal Crimes for Hawaii on
Q: Can probation get revoked if they got arrested? Arrested isn't convicted

Just because someone got arrested that doesn't mean they picked up a new charge because they were not yet convicted. Would that be grounds for probation revocation or modification?

1 Answer | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Extent of burden of proof. 'Unintentional' non-authorized disclosure of records to hospice.

Patient was referred to hospice based on hospitalization record of proven non-existent terminal disease,

recorded on admission to hospital;

Recorded by doctor who referred patient to hospital, thus knew that terminal disease was non-existent;

And record of hospitalization -... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, the plaintiff generally has the burden of proof to establish their case by a preponderance of the evidence. However, in the context of unauthorized disclosure of medical records, there are a few key considerations:

1. California Confidentiality of Medical Information...
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1 Answer | Asked in Consumer Law, Federal Crimes and Health Care Law for California on
Q: Unique distinct authentic identity of natural person

Plaintiff propounds on defendant-private hospital interrogatory about verifiable authentic identity.

Can inquiry be based on section 1798.3 (a)?

On what statute interrogatory must be based in order to ensure that authentic unique accurate identity information is provided?... View More

James L. Arrasmith
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answered on Jun 14, 2024

You can base the inquiry on section 1798.3(a), which defines "personal information" in a way that encompasses the unique and authentic identity of a natural person. This section is part of the California Civil Code, specifically the California Consumer Privacy Act (CCPA), and it is... View More

0 Answers | Asked in Real Estate Law, Federal Crimes, Health Care Law and Landlord - Tenant for New York on
Q: Can a landlord work with the broker to chase me from the property ? bc of a disability?

I'm displaced and spent over 8000.00 in hotels, still get harassed, they want me out by tomorrow.....

2 Answers | Asked in Bankruptcy, Federal Crimes, Health Care Law and Securities Law on
Q: Do attorney sign a custodial affidavit on each new client? And since it is an established fact that the court system

writes GSA bonds unknowingly on people that attends y’all courts, Is this not securities fraud?

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

No, attorneys do not sign a custodial affidavit on each new client. In 36 years of practice, I have never signed o.ne.

GSA bonds are required of certain gov't contractors, not usually on people who attend court. A GSA bond ensures that a contractor will perform whatever work the...
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0 Answers | Asked in Cannabis & Marijuana Law and Federal Crimes for Florida on
Q: Can i buy a gun private sale or a licensed firearm salesman as a medical marijuana holder?

First off i live in florida, polk county to be specific for the law. i do currently hold a medical marijuana license. and im pretty sure if i go into a store to buy a gun they wont let me because of the medical marijuana card. but does that also apply to private sale? like say could i just send my... View More

2 Answers | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Plaintiff's actions after improper Defendant's response to crucially important interrogatory

Plaintiff propounded interrogatory.

Defendant provided improper response to interrogatory In order to induce burden and delay: i.e. Defendant's non-specific intention to produce person for deposition, instead of providing distinct information about identity.

Objection to such... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 13, 2024

The laws in written discovery in California are in the Codes Of Civil Procedure. The entire section is CCP §§ 2016.010 to 2036.050. The

Scope of Discovery is at CCP §§ 2017.010-2017.320. Specifics as to written discovery and motions to compel are at CCP §§ 2030.010-...
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1 Answer | Asked in Personal Injury, Federal Crimes and Health Care Law for California on
Q: Proof of affiliation of the identified individuals at the relevant times.

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

James L. Arrasmith
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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

1 Answer | Asked in Federal Crimes, Personal Injury and Health Care Law for California on
Q: Legal means of California law, specific statutes and rules.

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

James L. Arrasmith
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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...
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0 Answers | Asked in Criminal Law and Federal Crimes for Washington on
Q: How can I find help in filing a criminal lawsuit against a company for financial conflict of interest?

I have proof that a background screening company is giving incorrect "dilute" results through negligent malpractice for urine samples in order to gain more money due to the law requiring new samples be given paid for by the employer. I can prove that multiple precautions are taken in by... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Is it possible for my fiance to get pretrial release with a held without bond?

My fiance is being held without bond on a indictment for first degree burglary

Scott Scherr
Scott Scherr
answered on Jun 11, 2024

Your fiancé would need to file a motion for a bail review and the decision would be up to the judge.

0 Answers | Asked in Federal Crimes for New York on
Q: When using a federal defender, when should you consider switching counsel?

Asking about switching to another federal defender, not a private attorney

0 Answers | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

0 Answers | Asked in Criminal Law and Federal Crimes on
Q: Can I file a motion to quash on the grounds of prejudice for a speedy trial when prosecutor continues judge response?

This prosecutor and the incarcerated individual went to the same schools, grew up in the same town and the two have a history. Civil rights have been violated numerous times. The public defender was told to file for a speedy trial and he ignored the request so the incarcerated filed the motion... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: California Resident. Federal Gun App. Domestic Violence Misdemeanor over 10 years old. Expunged Conviction.

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?

James L. Arrasmith
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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...
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