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I am a transgender man changing my name and gender marker in the state of California. During my research I saw that I need to bring my birth certificate with me when updating my information for my SS. I haven't lived in Utah since I was born and I don't plan to travel there in the future.... View More 
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answered on Dec 11, 2024
To update your Utah birth certificate while living in California, you'll want to first complete your legal name and gender change through the California court system, as this will provide the documentation needed for other changes.
Start by filing a Petition for Change of Name and... View More
How soon after Notice of Appeal APP-002 is filed with Superior Court, trial court clerk mails a notice that notice of appeal was filed in unlimited civil case?
Notice by trial court that notice of appeal was filed is a mandatory step?Is the Notice if any mailed by Superior Court or Civil... View More
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answered on Dec 11, 2024
Under California Rules of Court, Rule 8.100(e), the trial court clerk must promptly mail a notification after receiving a notice of appeal in an unlimited civil case. This notification, typically sent within 5 court days, informs all parties that a notice of appeal has been filed.
The... View More
Personal service on non-party witness of SUBP-010 in discovery.
Is proof of service, page 2 of Subp-010 served on witness?
Are fictitious names of deposition officer and of witness permitted in proof of service of Subp-010, page 2?
What statute or rule defines?
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answered on Dec 5, 2024
In California civil litigation, fictitious names are generally not permitted on proof of service forms for deposition subpoenas (SUBP-010). The proof of service must contain accurate, complete information about both the deposition officer and witness being served.
California Code of Civil... View More
What statute or rule specifically defines instruction for proof of personal service for records (ccp section 2020.410)
Particularly, listing on proof of service documents served on witness with SUBP-010: attachment, exhibit, etc.
Essence of this question is: how laws and rules... View More
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answered on Nov 28, 2024
The California Code of Civil Procedure (CCP) Section 2020.510 addresses proof of service requirements for deposition subpoenas, working in conjunction with CCP 2020.410. The server must complete form POS-020 (Proof of Personal Service) or a similar document that lists every item served, including... View More
Does inconsistency in identification of deposition officer in discovery subpoena form SUBP-010 and in Proof of Service of SUBP-010 represent valid cause to oppose subpoena?
What specific statute or rule of court defines opposition to subpoena - in general and specific to the situation.
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answered on Nov 27, 2024
Under California Code of Civil Procedure § 1985-1997 and California Rules of Court, an inconsistency in identifying the deposition officer between the SUBP-010 form and its Proof of Service could potentially be grounds for objection, though this alone may not be sufficient for quashing the... View More
In legal action not filed under the False Claims Act, how to estimate compensation for record-related damages because of fraudulent hospice charges that are likely and may affect future healthcare decisions and access to treatment.
Plaintiff does not have out-of-pocket expenses, because... View More
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answered on Nov 27, 2024
Estimating compensation for record-related damages from fraudulent hospice charges can be quite complex, especially when dealing with future potential impacts rather than immediate financial losses. Your situation is particularly concerning since false Medicare records indicating terminal illness... View More
Is rule 8.25 (Serving/Filing) is applicable only to appeals?
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answered on Nov 24, 2024
California Rule of Court 8.25 extends beyond just appeals - it applies to all matters in appellate courts, including writs and original proceedings.
The rule's placement in Division 1 of Title 8 ("Rules Relating to the Supreme Court and Courts of Appeal") means it governs all... View More
Those fraudulent charges for 'hospice benefit' could or not be directly included in plaintiff's economic damages/out-of-pocket expenses;
But they are impactful since they are on Plaintiff's medicare record, that will have to be amended.
How this factor is taken... View More
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answered on Nov 24, 2024
Your Medicare record showing fraudulent hospice charges can indeed impact your case beyond direct financial losses. This situation affects both current and future healthcare considerations.
The presence of false hospice charges on your Medicare record could lead to complications with future... View More
Appealing court's order denying motion to set aside dismissal of case against one of defendants (upon denied motion for reconsideration).
Which item of section 904.1 is basis for this appeal and why?
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answered on Nov 23, 2024
Under California Code of Civil Procedure section 904.1(a)(2), you can appeal from an order made after an appealable judgment. The order denying your motion to set aside the dismissal qualifies as a post-judgment order, making it appealable under this subsection.
It's important to note... View More
This form clearly references attached list persons served. Therefore, one proof per defendant.
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answered on Nov 23, 2024
Let me help clarify this for you regarding the APP-009E form for California appellate proceedings.
When serving multiple defendants, you'll need separate proofs of service for each individual defendant listed in your case. The form's reference to "attached list persons... View More
When forms are filled out dates of service and filing are tentative. What if
date of filing appeal - -in both notice of appeal and in notice designating record on appeal - -
will turn different from the actual filing date ?
Would it be considered an issue in document?... View More
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answered on Nov 22, 2024
The actual filing date, not the date written on your forms, is what legally matters for your appeal. If you submit your notice of appeal and notice designating record on appeal within the appeal deadline, slight discrepancies in dates on the forms won't typically affect the validity of your... View More
One APP-009E is required per one defendant.
Person served is first attorney who is served on behalf of the defendant.
Second attorney and law office personnel are listed in attachment 4c.
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answered on Nov 22, 2024
This understanding of APP-009E (Proof of Electronic Service) is incorrect. You can include multiple attorneys and staff members for the same party directly on the main form - there's no need to file separate forms for each defendant or relegate additional attorneys to an attachment.... View More
Our service with the USPS for the past 20 years has been great. We loved our carrier Ken. He retired 2 years ago and the new carrier delivered our mail and she was scared of our dog. She stopped delivering our mail. We drove the dog to Washington state to our daughter so as to fix the problem. This... View More
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answered on Nov 22, 2024
First, you should file an official complaint with the USPS through their website (usps.com/help/contact-us.htm) and document all instances of mail non-delivery and returns, including dates, times, and any communication with postal staff. You'll also need to contact the USPS Consumer Advocate... View More
Register of actions or docket if any. Point 4 (7) of APP - 003 (as one item). Register of actions is list of all the actions for each case. This list includes names and dates for all the evidence, documents, and motions filed in the trial court.
APP-003 references register of actions as one... View More
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answered on Nov 21, 2024
When preparing your APP-003 form, you should include a complete copy of the register of actions or docket from your trial court case. This is essentially a chronological list of everything that happened in your case.
The register of actions should contain all filings, hearings, orders, and... View More
Dismissal of case against one of defendants was entered.
Minute order denying motion to vacate dismissal of case against one of defendants was served on 08/26/24.
Motion for reconsideration of order denying motion to vacate was filed on 08/30/24.
Minute order denying motion... View More
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answered on Nov 21, 2024
Based on California Rules of Court, you have 60 days to file your notice of appeal from the date of service of the minute order denying your motion for reconsideration (November 18, 2024). This means your deadline to appeal would be January 17, 2025.
The time to appeal was extended by your... View More
Correct. 30 days from entry of appealable order. And appealable order was motion to set aside dismissal.
What could impact date - if served orders did NOT represent entry of judgement.
Did orders denying motion to set aside and motion for reconsideration constitute entry of judgement?
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answered on Nov 20, 2024
The timing of your appeal depends critically on whether those orders constitute an entry of judgment, so let's break this down.
In California, orders denying motions to set aside dismissal and motions for reconsideration typically become appealable only when they're entered as... View More
which statute (CCP) stated that complaint can be amended three times, unless one amendment was already ordered?
CCP 576 in reference.
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answered on Nov 20, 2024
Under California Code of Civil Procedure (CCP), section 472 is actually the statute that addresses the right to amend pleadings. The code allows you to amend your complaint once as matter of right before the answer is filed. After that, you'll need leave of court to make further amendments.... View More
If Court sustains Defendant's Demurrer to Complaint, can Plaintiff proceed with Motion for Reconsideration or Motion for Rehearing, as defined by section 1008?
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answered on Nov 20, 2024
In California civil procedure, you have options after a court sustains a demurrer to your complaint.
Yes, you can file a motion for reconsideration under CCP § 1008(a) if you can show new or different facts, circumstances, or law that weren't presented in the original hearing. This... View More
Does minute order served by clerk, court's order denying plaintiff's motion to vacate judgement;
represent entry date of an appealable order?
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answered on Nov 20, 2024
In California law, a minute order served by the clerk denying a motion to vacate judgment does represent the entry date of an appealable order. This critical date starts the clock for your appeal timeline.
You should note that under California Rules of Court, rule 8.104(c)(2), the entry... View More
Due date for appealing is counted from data when motion to set aside dismissal was denied, or from date when motion for reconsideration was denied?
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answered on Nov 20, 2024
In California, the time to file a notice of appeal typically runs from the date the motion for reconsideration was denied, not from the denial of the motion to set aside dismissal. This is because filing a valid motion for reconsideration extends the time to appeal until the order denying... View More
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