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Your current state is Ohio
What california evidence codes, statutes and rules are VERY specific
to certification of contents,
authentication and verification of documents under oath? (Originals or copies of documents)
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answered on Jun 21, 2024
To answer this question, we need to look at several specific California Evidence Codes and rules related to the certification, authentication, and verification of documents. Here are the most relevant provisions:
1. California Evidence Code Section 1400-1402: Authentication
These... View More 
Recently, I received a video of the 16 year old male saying he wanted to harm me. What legal actions should I take on this?
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answered on Jun 22, 2024
This is a serious situation that requires prompt action to ensure your safety. Here are some steps you should consider taking:
1. Document everything: Save all texts, messages, and the video as evidence.
2. Stop all communication: Do not respond to any further messages from this... View More
Defendant hospital objects to disclose identity of providers, claims that it is private data, and that I have to be specific in my request in definition of identity.
Thus I am interested to find out how section 2017.010 is construed in respect of identity that defendant has to disclose.... View More
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answered on Jun 20, 2024
Under California Code of Civil Procedure section 2017.010, you have the right to obtain information that is relevant to your case. This includes the identity of providers involved in your care at the defendant hospital. The law allows for the discovery of facts and information that could lead to... View More
How to obtain from defendant hospital verifiable information of other patients with the same unenforceable waiver for authorization to release records in conditions of admission to hospital, record of terminal disease, single, and discharged to b&c facility from hospital?
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answered on Jun 20, 2024
To obtain verifiable information about other patients with similar characteristics from the defendant hospital, you need to file a formal request for discovery during the litigation process. This request can include a demand for documents and records that match the criteria you described. Be... View More
Upon response of defense to discovery requests, with demand of privilege log.
Is plaintiff required to request in camera review of privilege log, in addition to hearing on motion to compel further responses with enclosed privilege log.
Why additional motion for order to disclose... View More
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answered on Jun 19, 2024
Under California law, handling a privilege log and compelling further responses involves several steps, guided by case law and statutory provisions. When the defense asserts privilege in response to discovery requests, they must provide a detailed privilege log as outlined in the California Code of... View More
How plaintiff can bring to court's attention specific issues of improper responses by defense: 'last known phone number and email of hospital provider as identity', response to 'produce person for deposition, instead of disclosing identity'?
Will OIG accept similar... View More
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answered on Jun 19, 2024
In this situation, it seems the defense is not providing proper responses to the plaintiff's discovery requests in a case involving hospice fraud in Los Angeles, CA. Here are a few ways the plaintiff can bring these issues to the court's attention and thoughts on how the Office of... View More
Federal Supervised release
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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:... View More
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
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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
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?
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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.... View More
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
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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... View More
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
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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
What is usual and customary procedure for defendant to authenticate identities of service providers and agreements thereof?
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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
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
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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... View More
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?
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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
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
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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
Specific authorities, case law. Precedents of camera review for fraudulent unauthorized disclosure of medical information.
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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
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
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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... View More
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?
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answered on Jun 22, 2024
Getting arrested while on probation can potentially lead to probation revocation or modification, even if the person hasn't been convicted of a new charge. Here's a breakdown of the situation:
1. Probation conditions: Most probation agreements include a condition that the... View More
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
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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... View More
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
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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
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