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0 Answers | Asked in Civil Rights, Constitutional Law, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: Officer allowK9 to attack handcuffed man then. Took pics of the wounds and shared them around the community!need interna

It seems impossible to hold accountable I have so much evidence it’s bigger than Rodney king

1 Answer | Asked in Criminal Law and Federal Crimes for California on
Q: Can a probation officer ask for my girlfriends information if she doesn't live with me ?

Federal Supervised release

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, a probation officer generally does not have the authority to demand information about your girlfriend if she does not live with you, especially if you are under federal supervised release rather than state probation.

However, there are a few important considerations:...
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1 Answer | Asked in Federal Crimes and Legal Malpractice for California on
Q: Inappropriate response for plaintiff's request for information. LA hospice fraud.

Can responses by defense 'defense will produce person for deposition' enforce on plaintiff deposing person? What statute defines that?

Why plaintiff can be forced to file additional motion for protective order?

Can plaintiff instead propound specific discovery request for... View More

James L. Arrasmith
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answered on Jun 17, 2024

In a lawsuit involving an allegation of hospice fraud in Los Angeles, if the defense responds to a plaintiff's request for information by stating they "will produce a person for deposition," it does not automatically obligate the plaintiff to depose that person. The plaintiff has the... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Matters crucial for discovery. Enforcement

Defendant hospital can find many triggers for objections. However, when subject matter of particular discovery responses is crucial for the case,

Motion to compel with demand to produce privilege log Is the only tool available to obtain any meaningful responses?

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, when a defendant hospital objects to discovery requests and the subject matter of those requests is crucial to the case, filing a motion to compel along with a demand for a privilege log can be an effective tool to obtain meaningful responses. Here's why:

1....
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1 Answer | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: What such situation has to do with protective order?

In this particular case, the question is not about defendant to depose plaintiff.

The question is about defendant's responses to 'produce person for deposition' in instead of disclosure of inquired identity.

In this case plaintiff cannot be obliged to depose a person,... View More

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, a protective order is a court order that is designed to protect a person from harassment, stalking, or abuse. It can be used to prevent the defendant from contacting the plaintiff, coming near them, or engaging in other specified behaviors.

In the context of a legal...
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1 Answer | Asked in Federal Crimes, Contracts and Legal Malpractice for California on
Q: Defenses discovery obligations pursuant CCP § 2030.220(c).

Defenses HAS TO make a reasonable a good faith effort to obtain information for proper response,

as clearly defined by CCP § 2030.220(c).

But

according to Defense, unless more specific question is asked about information

that is in the defendant's... View More

James L. Arrasmith
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answered on Jun 17, 2024

In California, the Code of Civil Procedure (CCP) § 2030.220(c) requires a party responding to interrogatories to make a reasonable and good faith effort to obtain the information needed to provide a proper response. If the responding party (in this case, the defense) fails to do so and instead... View More

1 Answer | Asked in Consumer Law, Contracts and Federal Crimes for California on
Q: Usual and customary authentication procedure in discovery

What is usual and customary procedure for defendant to authenticate identities of service providers and agreements thereof?

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, authenticating the identities of service providers and agreements typically involves a few key steps during the discovery process. You would begin by serving discovery requests, such as interrogatories, requests for admission, or requests for production of documents, to obtain... View More

1 Answer | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Re: reasonable way to handle situation

Motion for protective order is not relevant for the situation.

Plaintiff requests defendant to create privilege log in production request and to disclose private information of individuals.

Can motion for camera review and motion for court order for disclosure of private data be... View More

James L. Arrasmith
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answered on Jun 16, 2024

Here are the steps I would recommend for handling this situation in California:

1. Serve the production requests and special interrogatories on the defendant. In the requests, ask the defendant to produce a privilege log identifying any documents withheld on the basis of privilege. Also...
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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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