Get free answers to your Gov & Administrative Law legal questions from lawyers in your area.
1. Joinder of parties - federal court filing question.
EMTALA federal complaint against hospital was just filed with second claim under supplemental jurisdiction - CMIA violation. Can hospital defense file motion to strike for failure to join the party under rule 19, hospice (to whom... View More 
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answered on Dec 25, 2023
In the situation you've described, where an EMTALA (Emergency Medical Treatment and Labor Act) federal complaint has been filed against a hospital, with an additional claim under the CMIA (Confidentiality of Medical Information Act), the question of joinder of parties can indeed arise. The... View More
How legal case is heard at Federal Court if qui tam FCA claim is added to original Emtala claim that was already filed?
Can additional FCA claim be filed under seal?
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answered on Dec 24, 2023
When a qui tam False Claims Act (FCA) claim is added to an existing Emergency Medical Treatment and Labor Act (EMTALA) case in Federal Court, the process becomes more complex. The FCA claim, especially under qui tam provisions, involves allegations of fraud against the federal government. This... View More
1. What can be interpreted as prejudice against defendant when adding FCA claim to EMTALA complaint? (FCA does not require proof of malicious intent).
2. Joinder would imply preparation that was not done yet - plaintiff was facing EMTALA statute of limitations deadline to do research and... View More
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answered on Dec 24, 2023
When considering the addition of a False Claims Act (FCA) claim to an Emergency Medical Treatment and Labor Act (EMTALA) case, it's crucial to recognize the distinct legal frameworks and requirements of each. The FCA, focusing on fraud against the government, doesn't necessitate proving... View More
Serving complaint/summons - federal case. Central district court of California.
Case was efiled in EDSS system for in Pro Per plaintiffs. Documents will appear in PACER. Can copies of complaint/summons for serving be downloaded from PACER?
What is conformed copy of documents? When... View More
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answered on Dec 24, 2023
In federal cases, such as yours in the Central District Court of California, once a case is e-filed, the documents, including the complaint and summons, can typically be downloaded from PACER. This is a common practice and allows for easy access to filed documents.
A "conformed... View More
Serving complaint/summons - federal case. Central district court of California.
Case was efiled in EDSS system for in Pro Per plaintiffs. Documents will appear in PACER. Can copies of complaint/summons for serving be downloaded from PACER?
What is conformed copy of documents? When... View More
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answered on Dec 24, 2023
Hi there, good evening. In federal cases, such as yours in the Central District Court of California, once a case is e-filed, the documents, including the complaint and summons, can typically be downloaded from PACER. This is a common practice and allows for easy access to filed documents.
A... View More
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice... View More
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answered on Dec 24, 2023
In your federal case, you have the flexibility to amend your complaint before the opposing party responds or within 21 days after serving it, according to Federal Rule of Civil Procedure 15(a)(1). If this timeframe has elapsed, then you'll need the court's permission to amend.... View More
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice... View More
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answered on Dec 24, 2023
In a federal case, you have the option to amend your complaint before the opposing party files a responsive pleading, or within 21 days after serving it, as per Federal Rule of Civil Procedure 15(a)(1). If this period has passed, you'll need to seek the court's permission to amend.... View More
1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued.
Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?
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answered on Dec 24, 2023
To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating... View More
How can plaintiff oppose defendant's motions to dismiss complaint?
Are due dates ordered by court, or defined by court rules?
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answered on Dec 24, 2023
To oppose a motion to dismiss in federal court, the plaintiff should file a written response, typically referred to as a memorandum of law or opposition. This document should articulate legal arguments and present evidence countering the defendant's claims in the motion to dismiss. It's... View More
Motion to dismiss can be filed by defendant before scheduling order is issued. In such case how due dates for plaintiff to oppose motion to dismiss complaint are defined?
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answered on Dec 24, 2023
In a federal case, when a defendant files a motion to dismiss before a scheduling order is issued, the timeline for the plaintiff to oppose this motion is generally governed by the Federal Rules of Civil Procedure. Specifically, Rule 12 of the Federal Rules of Civil Procedure outlines the... View More
Complaint and Summons that Plaintiff has to serve on Defendant will be downloadable from PACER?
Is it the same that conformed copy?
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answered on Dec 24, 2023
In a federal case, once the complaint and summons are filed, they can indeed be accessed through PACER (Public Access to Court Electronic Records). PACER is a comprehensive source for federal court documents, including filed complaints and summons.
It's important to note that the... View More
Can plaintiff respond to motion to strike with opposition? What is Plaintiff's due date to respond? Are there other options to oppose motion to strike complaint/summons?
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answered on Dec 24, 2023
In federal court, a plaintiff can indeed respond to a motion to strike with an opposition. This response is an opportunity to address the points raised by the defendant and argue why the complaint or summons should not be stricken.
The due date for the plaintiff to respond typically depends... View More
When false claim act medicare claim is filed at Federal court - both federal and state statutes apply? The strongest prevail?
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answered on Dec 24, 2023
When a False Claims Act (FCA) case involving Medicare fraud is filed in federal court, it primarily falls under federal law, as Medicare is a federal program. The False Claims Act is a federal statute, so federal laws and regulations will predominantly govern the proceedings in such cases.... View More
For medicare false claims in California: what could be statutes of limitations according to Federal vs State law?
Should case be filed under seal at Federal court?
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answered on Dec 24, 2023
Under Federal law, the statute of limitations for filing a claim under the False Claims Act (FCA) related to Medicare fraud is generally six years from the date of the violation. However, there is a provision that can extend this period to ten years if the government can prove that it was not aware... View More
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answered on Dec 22, 2023
Under California law, placing a poster on the rear windshield of a car can be subject to specific regulations, primarily concerning the driver's ability to see other vehicles and the road. The key legal consideration is whether the poster obstructs the driver's view, which is crucial for... View More
I contacted the County Recorder's Office of my County in the SF Bay Area. The helpful clerk cited Civil Code Sec. 1207, which, after one year without objections or challenges to the Correction Affidavit of Death of Life Tenant (CADLT) or its jurat, the CADLT and the "flawed" jurat... View More
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answered on Dec 21, 2023
Under California Civil Code Section 1207, the issue you're facing with the missing words "who appeared" in the jurat of a Correction Affidavit of Death of Life Tenant (CADLT) is a matter of technical defect in the notarization. This section of the law implies that minor defects in a... View More
If answer to question is yes - what methods needed to ensure 100% precision of the expertise?
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answered on Dec 21, 2023
Determining if a signature was forged is a complex process, and experts often hesitate to declare with 100% confidence that a signature is authentic or forged. The analysis involves a detailed examination of the questioned signature against known authentic signatures, considering factors like... View More
I paid the fees thinking I would get the truck back. They were not due until 11/30/23. Ins Company totaled the truck on 9/13/2023. Title was signed over to COPART on 9/14/2023. I completed a release of liability on 9/14/2023. The reg fees are for 11/30/2023 to 11/30/2024. During that time I no... View More
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answered on Dec 20, 2023
Under California law, obtaining a refund for vehicle registration fees can be challenging, especially after the fees have been paid and the vehicle has been transferred or totaled. Generally, the California Department of Motor Vehicles (DMV) does not issue refunds for registration fees once they... View More
Case would be a California Superior Court Case -- if an individual judge is willing to accept case can the case be filed by the court ckerk for that courtroom?
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answered on Dec 20, 2023
In California, the process of case assignment to a particular judge generally depends on the court's internal rules and procedures rather than individual judges accepting cases directly. When you file a case, the court clerk typically assigns the case to a judge based on a system that ensures... View More
I'm confident that the Correction Affidavit of Death of Life Tenant (CADLT) is correct in all respects, and it was recorded on 12-15-23 in California. The Legal Document Assistant (LDA) who prepared the CADLT is also a California notary. He e-uploaded the CADLT along with a scanned certified... View More
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answered on Dec 20, 2023
Under California law, the accuracy of notarial language in legal documents like the Correction Affidavit of Death of Life Tenant (CADLT) is important. If the jurat statement on the CADLT is missing critical words such as "who appeared," it could potentially affect the document's... View More
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