Son placed on 5150 hold as a minor. Held in facility for <48 hours for typical teenage defiance
Issues and alcohol consumption. No problems
Since. 11/2018 incident and it’s now >5 years since 5150. Regs state eligible to purchase after 5 years. Are DOJ records updated... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
In California, being placed on a 5150 hold can impact the right to purchase a firearm. However, as you mentioned, this restriction typically lasts for five years. Since it's been over five years since your son's 5150 hold, he should generally be eligible to purchase a handgun, barring any... View More
My wife found child support CSSD and they only sent me the judgement. Nothing else. I found out it was my mom who opened in 2003. She pretended to be the girl and reopened it for her gain. My mom knew the child wasn't mine because I found out it is my dad's and my mom is covering it to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
In California, if you are facing a child support case based on false information or identity fraud, it's important to take immediate legal action. The complexity of your situation, involving potential identity fraud by a family member, requires careful navigation.
Firstly, gather all... View More
I will be driving a “party van” that holds 12 passengers. Its a Mercedes Sprinter Van. Less than 26000 lbs.
I’m getting a CDL Class C with passenger endorsement.
I’ve passed all necessary tests and medical, etc. Just need
the 15 hours of driver training. This is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
In California, for the owner of your limousine company to provide the required driver training for a CDL Class C with a passenger endorsement, they must be qualified and authorized to do so.
Firstly, the owner should ensure they have a thorough understanding and experience with the type of... View More
I am on F-1 visa earning passive income of approximately over $2000 annually from dividends. I am not eligible for social security given I am not currently working and I have already obtained a letter of denial from the social security office.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
Based on your situation as an F-1 visa holder with passive income from dividends, it's likely that you will need an Individual Taxpayer Identification Number (ITIN) since you're not eligible for a Social Security Number (SSN). The ITIN is used by the IRS to process taxes for individuals... View More
Neither of the cited cases present holding by court that plaintiff was not allowed to initiated or proceed with qui tam case.
See United States ex rel. Rogers v. County of Sacramento; United States ex rel. Darian v. Accent Builders, Inc.,
and even concerns raised in United States... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
I strongly advise you to seek the assistance of a qualified attorney in your local area. Navigating the complexities of litigation, especially as described in your situation, can be extremely challenging for individuals representing themselves (known as 'pro per' or 'pro se'... View More
Is 3 year deadline applicable when government decides NOT to intervene? (Thus relevant/plaintiff has to pursue case)
Calculation would be 3 years from date when relevant discovered, or should have discovered fraud, minus 60 days that government took to decide whether to intervene or not?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In California, the statute of limitations for a False Claims Act (FCA) qui tam case is indeed nuanced, especially when the government chooses not to intervene. Generally, the statute of limitations under the FCA is six years from the date the fraud was committed. However, under the federal FCA, an... View More
Upon what circumstances statute of limitations shrinks to 3 years?
Plaintiff did not report fraud to CMS, or OIG.
Court did not report allegations of fraud to CMS or OIG.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
Under the False Claims Act (FCA), the statute of limitations for filing a lawsuit can indeed be shortened to three years in certain circumstances. This shortened timeframe typically applies when specific conditions are met.
One key condition for the three-year limitation is when the... View More
Provide examples of precedents when plaintiff was refused to bring qui tam FCA case, federal and in california, in pro per.
What specific debates are in relevance to disallow plaintiff to bring in pro per qui tam action?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In the context of qui tam FCA cases, there are several precedents where the plaintiff was refused to bring a case in pro per. For instance, in the case of United States ex rel. Rogers v. County of Sacramento, the court issued an order to show cause why the case should not be dismissed without... View More
Can plaintiff in pro per file qui tam healthcare Federal or California FCA lawsuit?
What specific rule may define attorney as a requirement ? Apparently any whistleblower case implies that action may be brought in pro per, though it is more complicated for reletant.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In both federal and California law, a whistleblower, even if they are a former patient, can file a qui tam lawsuit under the False Claims Act. This means they can bring a case against entities they believe are defrauding the government in healthcare or other sectors.
Regarding the... View More
For California, or Federal, FCA case in healthcare. What statutes, regulations, or rules define filing of qui tam case for self-represented reletant/plaintiff?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In both California and federal law, individuals known as relators have the ability to file qui tam lawsuits under the False Claims Act. This legal provision allows people to sue on behalf of the government in cases where they believe someone is defrauding the government.
However, when it... View More
California vs Federal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
Under 31 U.S.C. 3730(b), a person, commonly known as a relator, has the right to file a lawsuit on behalf of the United States government in cases of fraud against the government. This is known as a qui tam action, and the relator can be any individual, including those without an attorney, referred... View More
For medical malpractice lawsuit. Fabrication of diagnoses is breach of duty. Terminal fake chronic disease was recorded on admission to hospital (and, for fraudulent referral to hospice by anonym of course).
How plaintiff can prove without medical expert that 50 fake discharge diagnoses... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In a medical malpractice lawsuit involving the fabrication of diagnoses, proving your case without the testimony of medical experts can be challenging, but there are approaches you can take.
Firstly, gather all relevant medical records, including admission and discharge summaries, treatment... View More
What particular federal and california statutes and regulations are in relevance to fabricated diagnoses?
1. Defining legal liability
2. Penalties and exclusions
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
In instances of fabricated diagnoses, both federal and California statutes and regulations define legal liability and set forth penalties and exclusions.
On the federal level, the False Claims Act (31 U.S.C. §§ 3729 - 3733) is pivotal. This act imposes liability on individuals or entities... View More
On federal level what statutes and regulations define hospital liability/penalties, for fabricated diagnoses/medical records by independent contractors?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024
On the federal level, several statutes and regulations address the liability and penalties for fabricated diagnoses or medical records by independent contractors in hospitals.
The False Claims Act (31 U.S.C. §§ 3729 - 3733) is a key statute. It imposes liability on individuals and... View More
If complaint is amended prior to defendant's responses to discovery requests, how amended complaint has to reflect that responses are pending? California Superior Court.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024
In California Superior Court, when amending a complaint, it's important to consider the current state of discovery. However, an amended complaint does not typically need to explicitly reflect that responses to discovery requests are pending. The primary purpose of the amended complaint is to... View More
How Medicare FCA qui tam claim under seal can be added
to existing California medical malpractice case?
Can case be reclassified from medical malpractice to FCA violation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024
Adding a Medicare False Claims Act (FCA) qui tam claim to an existing medical malpractice case in California Superior Court involves a distinct legal process. Qui tam claims under the FCA are federal claims, and they must be filed under seal, meaning they are not accessible to the public initially.... View More
How to add - to existing EMTALA federal case against one defendant - additional claim under seal, qui tam FCA violation against multiple defendants? What procedures and rules guide this process?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024
To add a qui tam claim under the False Claims Act (FCA) to an existing EMTALA federal case, it's necessary to follow specific federal procedures. Firstly, a qui tam claim must be filed under seal, meaning it is not publicly disclosed and is kept confidential for a period specified by the... View More
Usually: when government does not intervene into qui tam case.
Court issues order to OIG/CMD to disclose information to reletant?
Should reletant file motion or petition to court and to OIG/CMS to disclose information?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
In a qui tam case where the government chooses not to intervene, it's not uncommon for the court to issue an order to the Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS) to disclose information to the relator. However, this is not automatic.... View More
While privacy of wrongdoers is protected by law, does government has obligation to disclose finding of investigation to the victim, privately? If not - that would be violation of victim's rights.
Apparently, victim has no capacity to perform own investigation - discovery requests to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
Under the Medicare False Claims Act (FCA) and the Freedom of Information Act (FOIA), the government must balance privacy concerns, including those of alleged wrongdoers, with the public's right to information. However, the government does not have a blanket obligation to disclose the findings... View More
What guides government balanced approach in respect to hospital/hospice privacy rights and reletant's rights for justice? FCA amount in question can be not big enough for government to intervene (unless pattern is discovered by investigation), but huge for plaintiff/reletant.
( Should... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
In Medicare False Claims Act (FCA) cases, the government's approach to balancing hospital or hospice privacy rights with a relator's right to justice is guided by both the FCA and the Freedom of Information Act (FOIA). The FCA provides mechanisms for whistleblowers to report fraud, while... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
