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They contacted me asking me to fill out some paperwork to release my medical records and they want to have a phone interview. Shouldn’t I seek legal counsel at this point?
If dismissal of all causes of action against one of defendants is NOT a final judgement, how to make sure that order denying motion to set aside dismissal will be appealable after final judgement; when time to appeal this particular order expires?
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answered on Nov 23, 2024
The appeal timeline for an order denying a motion to set aside dismissal depends on whether it's deemed appealable on its own or must wait for final judgment. To preserve your right to appeal this order later, you should file a protective notice of appeal within 60 days of the order's... View More 
I’m a single owner llc and prior workers have been only w2
no concrete evidence of ovi. defendant was asked "what was his drug of choice?" and when defendant answered honestly that he'd been a heroin addict previously but has been clean since he has been on probation last year. he was pulled out of the vehicle and put in cuffs.
In 2023 we received 17k for damages from a back wages settlement. This settlement went towards a credit card and a car loan while we were married, both of which she assumed responsibility for in the divorce settlement Oct 2024. The settlement was from a case originated in 2016. We declared chapter... View More
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answered on Nov 23, 2024
This is a complex situation that intertwines bankruptcy, divorce, and settlement funds. The key issue here is that the settlement from 2016 should have been disclosed during your 2020 bankruptcy proceedings, making those funds part of the bankruptcy estate - even though you received them later in... View More
Dismissal against one of defendants on all causes of action was final judgement, although lawsuit is ongoing against other defendant.
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answered on Nov 23, 2024
Yes, this is a true statement. Under California law, a dismissal of all causes of action against one defendant can constitute a final, appealable judgment - even while the case continues against other defendants.
The key principle here is that when a court completely terminates the... View More
also accused of ovi during same time frame. defendant was pulled out of vehicle and put in cuffs before field test was ever given. he simply asked "what's your drugs of choice?" 1st charge. OVI- on our way to work and was exhausted after a 2 week horse show. It was over an hour drive... View More
My son was sent there for Tift regional after a motorcycle wreck he was unresponsive so I had to sign papers for his treatment. One nurse came on that held a vendetta against me because I was claustrophobic and had to walk the stairs so she had hospital police make me leave for no reason at all did... View More
Is dismissal against one of defendants on all causes of action, while lawsuit is ongoing, is final judgement?
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answered on Nov 23, 2024
Under California law, a dismissal against one defendant while the lawsuit continues against other defendants is generally not considered a final judgment. This is because a final judgment typically requires resolution of all claims against all parties in the case.
However, there are... View More
My son was unresponsive leaving me to have to sign for his treatment after four days the hospital made me leave the premises without any reason. The didn't tell me why or anything. I'm his next of kin so they needed me on standby at all times he had a brain injury
If/when applicable, how to ask court to treat appeal as extraordinary writ?
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answered on Nov 23, 2024
To request that a court treat your appeal as an extraordinary writ, you'll need to include a specific section in your appellate brief addressing this alternative request. This is typically done when there might be questions about whether the underlying order is immediately appealable.... View More
In respect to one judgement rule, is denied order to set aside dismissal against one of defendants, is appealable?
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answered on Nov 23, 2024
The denial of an order to set aside dismissal against one defendant can be appealable in California, depending on specific circumstances. The key factor is whether the order effectively terminates the action against that particular defendant.
Under California's one final judgment rule,... View More
A relative died because of nursing home negligence and a fall.
answered on Nov 23, 2024
Medicare and Medicaid services, in themselves, do not create a cap on the gross total recovery one can obtain, but Medicare and Medicaid have automatic liens on a personal injury or wrongful death claim so that they can recover what they paid out for treatment as a result of the wrongdoer's... View More
Father is a stoner, violent person, grandma says injuries were caused by her trying to place him in the car, I know it is a lie because he had marks like punched in the eye and strangled, what are the consequences for a visitation supervisor who hurts a child or let the child be hurt?
Neither points of section 904.1 (a) applicable?
Appealable order denying motion to set aside dismissal against one of defendants.
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answered on Nov 23, 2024
Under California Code of Civil Procedure section 904.1(a), an order denying a motion to set aside dismissal against one defendant can be appealable, even if it doesn't explicitly fall under the enumerated points of the section.
The key consideration is whether the order is effectively... View More
Is dismissal against one of defendants, entered upon request of plaintiff, is final judgement?
What presents criteria for one final judgement?
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answered on Nov 23, 2024
When you voluntarily dismiss one defendant from a multi-defendant case in California, this dismissal is generally not considered a final judgment for appeal purposes. The reasoning behind this is that the case continues against the remaining defendants, and there are still active claims to be... View More
My 4 year old daughter was RAPED by a 13 year old boy that lived across the hall from us in our previous home and was caught on my home surveillance camera. I called the police and they took him down to the station and we did interviews. We went through the whole court process and he was detained... View More
Traffic ticket was given for driving on suspended. Running red light but on the ticket it says the color of the car that actually did run the red light which was white. I did run a yellow -_-
904.1 (a)(1) is a correct answer, in particular situation?
- dismissal was against one of defendants and entered upon plaintiff's request,
- motion to set aside dismissal was denied (along with consequent motion for reconsideration)
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answered on Nov 23, 2024
No, CCP 904.1(a)(1) would not be the correct basis for appeal in this situation. This section applies to appeals from final judgments, but a voluntary dismissal is generally not considered an appealable judgment.
When you've dismissed a defendant voluntarily and then had your motion to... View More
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