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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: CCP § 2023.030 (d) (4)

Can first motion to compel further discovery responses by plaintiff request court an order rendering a judgement against defendant pursuant to CCP § 2023.030 (d) (4)?

CCP § 2023.030 (d) The court may impose a terminating sanction by one of the following orders: (4) An order rendering a... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, CCP § 2023.030 (d) (4) allows the court to impose a terminating sanction by rendering a default judgment against a party for misuse of the discovery process. However, this is typically considered a severe sanction and is usually reserved for cases where there has been a... View More

0 Answers | Asked in Personal Injury, Civil Rights, Health Care Law and Juvenile Law for Virginia on
Q: What lawyer do I talk to for CPS Complaint and possible HIPAA violation for Hampton, VA?

I picked up my son from the YMCA on the 15th of April2024 at 6pm and soon after noticed a bruise on the inside of his left forearm, near his wrist. It was an outline of a medium to large, incomplete handprint. As soon as I noticed, I took pictures and asked my son what had happened, I immediately... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Oregon on
Q: I need a civil rights lawyer in Oregon do you have any information that can help me

I know this is going to sound crazy, but I need a civil rights attorney, so I can file a lawsuit against the Multnomah County Police department and the Multnomah County District Attorney's office. I've already went to the F.B.I. and filed a formal complaint against them. The F.B.I agent I... View More

James L. Arrasmith
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answered on May 1, 2024

Finding a pro bono civil rights attorney in Oregon to assist you with your case against the Multnomah County Police Department and the District Attorney's office can be challenging, but there are resources available that may help. You might consider contacting legal aid organizations in... View More

4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2024

The bottom line is for most personal information, no you cannot.

While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.

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1 Answer | Asked in Car Accidents and Personal Injury for Louisiana on
Q: Can someone who was permanently disabled from a car accident that happened 20 years ago still be compensated?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 25, 2024

Generally not, unless something was done to interrupt the prescriptive period (statute of limitations). In Louisiana, a person generally has one year from the date of an accident or incident to either file suit or settle their claim. Failure to do so will usually cause a person to lose their... View More

0 Answers | Asked in Personal Injury for Minnesota on
Q: How long should wait after an injury to get a lawyer?

Hit a door on head and knocked me down backwards and broke wrist.

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: How data dump issue with missing data has to be referenced in motion to compel further?

Defense in response to discovery requests dumped thousands pages and misc files that do not include information requested. In consequent discovery responses defenses already references previously provided dump, as if it had requested data (it did not).

What plaintiff must do? Defense at... View More

James L. Arrasmith
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answered on Apr 24, 2024

In a motion to compel further responses to discovery requests under California law, you should address the issue of the incomplete data dump by the defense as follows:

1. Specifically identify the discovery requests at issue and the deficiencies in the responses provided by the defense....
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0 Answers | Asked in Personal Injury for Arizona on
Q: We are seeking a highly skilled forensic medicine expert to provide a detailed statement describing the physical damage

We are seeking a highly skilled forensic medicine expert to provide a detailed statement describing the physical damage or injury that would occur if someone were hit in the head with a specific cell phone model: Samsung S22 Ultra which weights 228grams. The statement should outline the potential... View More

0 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Can I sue my Primary care physician for Malpractice or Negligence? What are my options?

I have been a new patient with the Doctor since January 2024. It's not been easy to get the necessary referrals to the specialists I needed because he would rather handle it himself. I'm suffering from bad gut bacteria & he placed me on the FODMAP Diet but restricted where most of... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories

Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).

James L. Arrasmith
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answered on Apr 23, 2024

Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:

"A motion to compel further response to an interrogatory...
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1 Answer | Asked in Personal Injury and Car Accidents for Michigan on
Q: Neurologists won't treat me until I provide proof of release from auto insurance policy from over 20 years ago

My old insurance only verifies or keeps records going back 7 years ( experience letter?) What can I do?

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

A Michigan attorney could advise best, but your question remains open for a week. It isn't clear why neurologists want proof of a release from 20 years ago. If you've been involved in a recent accident, the symptoms and test results would be new, and not necessarily related to the... View More

0 Answers | Asked in Landlord - Tenant and Personal Injury for New Jersey on
Q: Are NJ landlords responsible for interior paint alligator peeling, cracking, falling off occuring throughout the house?

Rental home has severe septic, moisture & mold issues throughout the entire home. Entire rooms, walls and ceilings, have paint peeling, cracking, falling off etc due primarily from moisture. Downstairs bathroom shower has a wall caving in with mold and upstairs bathroom (stand-up) shower... View More

0 Answers | Asked in Animal / Dog Law and Personal Injury for Missouri on
Q: My 2 cats were taken to local animal shelter while I was in jail for 4 months. They were adopted and I want them back.

The shelter won’t give me the new owners information to try to contact. Says since they were “surrendered”, though I would say wrongfully as I did not, but could not do anything since in jail, I gave up my legal rights of ownership. They were my emotional support animals and I’m distraught... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Can I be held responsible for telling someone who has cancer to try some supplements?

I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.

I did not say that this supplement was going to cure cancer... View More

James L. Arrasmith
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answered on Apr 23, 2024

In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:

1. You did not claim to be a medical professional...
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1 Answer | Asked in Libel & Slander, Personal Injury and Wrongful Death for California on
Q: I am a victim of Remote neurological monitoring and V2K voice to skull tourcher and gangstaked by anyone around me

The person behind this is a ex secret service agent and FBI agent from Redding and Roseville

James L. Arrasmith
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answered on Apr 23, 2024

I'm sorry to hear about your distressing experiences. It sounds like you're going through a very tough time. However, it's important to know that the technologies and scenarios you're describing, like remote neurological monitoring and "V2K voice to skull," are not... View More

1 Answer | Asked in Federal Crimes, Personal Injury and Health Care Law for California on
Q: Hospital ->hospice fraud. Is hospital discharge summary with non-existent admission diagnosis legally false claim?

Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).

Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.

The California False Claims Act (CFCA) prohibits...
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1 Answer | Asked in Personal Injury for Texas on
Q: I won an injury settlement lawyer sent me a check from their account to pay me. Can that money be taken for school loans

Or other bills from years ago?

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2024

A Texas attorney could advise best, but your question remains open for a week. The wording of your question is not fully clear. It doesn't look like you're wondering whether you could apply your award toward school - you could generally do what you want with your award money. You are... View More

1 Answer | Asked in Personal Injury for New York on
Q: My lawsuit has been going on for about 5 years. I have a judge already assigned so why am I on the calendar control part

We at the end where we are ready for trial. This is on suffolk county.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 30, 2024

When your case comes up for trial is not determined by how old your case is. Rather, it depends on how long you've been on the trial calendar. Once your case is on the trial calendar, you start waiting "in line" for a trial date. The calendar control part might be a part which... View More

0 Answers | Asked in Family Law, Contracts and Personal Injury for Arkansas on
Q: Father was in process with a lawsuit against zantac, he said he had it to when he died the money, and his possession

Were going to be left to me. How do I claim this? I cannot find a will or the lawsuit

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