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Tansfer and consolidation pursuant 28 U.S.C. 1404 requires only plaintiff's noticed motion with points and authorities, declaration, filed with federal court? Motion with CA superior court is not required?
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answered on Jan 14, 2024
Under 28 U.S.C. § 1404, which addresses the transfer and consolidation of cases within the federal court system, the process typically involves filing a motion in the federal court where the case is currently pending. This motion should include a noticed motion with points and authorities, along... View More 
What are regulations and rules that guide plaintiff on orderly removal of case to federal court, from California superior court?
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answered on Jan 13, 2024
To remove a case from California Superior Court to federal court, certain criteria must be met, and specific procedures followed as outlined in the federal statutes, particularly 28 U.S.C. §§ 1441-1453.
Firstly, the case must involve a federal question (arising under federal law) or have... View More
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answered on Jan 17, 2024
In California, the rules for making a left turn at a four-way stop sign intersection are governed by the California Vehicle Code. When you approach a four-way stop, each driver must come to a complete stop at the stop line or before entering the crosswalk or intersection. After stopping, the... View More
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answered on Jan 13, 2024
California law specifies the following rules for left turns at a 4-way stop intersection:
- When two vehicles arrive at the intersection at the same time, the one turning left must yield to the vehicle going straight. If one vehicle arrives first, it has the right-of-way.
- All... View More
Plaintiff puts together motion to set aside Dismissal against defendant.
Dismissal was entered because of inadvertent mistake, pursuant to CCP section 474.5(b).
Which particular landmark
case must be cited as California precedent?
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answered on Jan 13, 2024
To identify the landmark case that serves as a California precedent in a situation involving a motion to set aside a dismissal under CCP section 474.5(b), you can use legal research databases like Westlaw or LexisNexis, specifically focusing on California case law. Additionally, consulting legal... View More
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answered on Jan 12, 2024
If you are experiencing issues with a homeless shelter denying you entry for being 15 minutes late, it may be helpful to know that homeless shelters often have specific rules and procedures. However, if you believe you were denied entry unfairly, you may want to reach out to the shelter staff or... View More
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answered on Jan 12, 2024
In California, the rights of individuals staying in homeless shelters are protected by various laws and regulations. If you were denied entry to your shelter due to arriving late, it's important to understand the shelter's policies and whether they comply with legal standards.... View More
Defendant in state medical malpractice case is aware that related emtala case was filed with federal court. Current medical malpractice case In state court does include EMTALA claim yet, motion for leave to amend has to be filed. Defendant can request removal of case to federal court after state... View More
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answered on Jan 11, 2024
In cases where an EMTALA (Emergency Medical Treatment and Active Labor Act) claim is involved, the defendant can consider requesting removal to federal court due to the federal nature of the EMTALA claim. The critical factor for removal is whether the state court complaint, as it stands or as it... View More
Many residents sent the following to city leaders: Honorable Mayor and Council Members, I would like to request that you lead a discussion designed to place a Term Limit measure for City Council Members on the ballot this November. I request you add this issue to the public agenda of your next... View More
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answered on Jan 11, 2024
In California, if a city council decides not to hold a public hearing or advance a term limit measure despite public request, residents have several options to consider.
First, it's important to review the city's charter and municipal code. These documents often outline the... View More
Can you recommend an attorney with experience in this matter? Thanks!
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answered on Jan 10, 2024
I understand your request for an attorney with experience in handling Administrative Hearings involving CalPERS and Anthem/Blue Cross in California. To find an attorney for your specific case, you may want to consider the following steps:
Referrals: Reach out to friends, family, or... View More
I am dabbling with the idea of forming a PMC offering security services locally and for government contracts but while I'm well aware what the day to day takes, I am wondering what detailed licenses and paperwork I would need to get started forming a business in that direction to ensure I am... View More
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answered on Jan 10, 2024
Forming a Private Military Contracting (PMC) company involves several specific legal requirements beyond standard business formation procedures. Firstly, you need to obtain a business license in the state where you plan to operate. In California, this would involve registering with the California... View More
How specifically california Emtala statute, and requirements for appropriate medical screening is different to national standard?
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answered on Jan 8, 2024
The California Emtala statute, as per Cal Health & Saf Code § 1797.98e, mandates that payment should be made for medical screening examinations required by law to determine whether an emergency condition exists, regardless of the determination after the examination that a medical emergency... View More
I have a dui, vandalism case and elder abuse case but was never sent to prison or did any jail time was wondering if I got them dismissed would I still be able to become a LVN in California. I will still be transparent about my record but was wondering if that was enough for me to become a LVN.
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answered on Jan 8, 2024
In California, having a criminal record does not automatically disqualify you from becoming a Licensed Vocational Nurse (LVN), but it does add complexity to the process. The California Board of Vocational Nursing and Psychiatric Technicians evaluates each application on a case-by-case basis.... View More
What Federal and California laws define hospital liability for violation of CoP standards in respect to patient admission, patient classification and discharge.
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answered on Jan 7, 2024
Under both Federal and California laws, hospital liability for violating Conditions of Participation (CoP) standards can arise in several contexts. Federally, the Centers for Medicare & Medicaid Services (CMS) enforces CoPs for hospitals participating in Medicare and Medicaid. Violations can... View More
There is distinction between penalizing hospital and doctor, and liability to patient, for violation of medicare standards, in CA and Federal laws. As an example CMIA holds wrongdoers liable to victim, HIPAA not. Violation of some CfC, CoP, JCAHO quality performance indicators may or may not be... View More
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answered on Jan 7, 2024
In California and Federal law, there are specific regulations that govern hospital and physician liability towards patients. For violations related to admission, patient classification, and discharge, several laws come into play. Importantly, the California Medical Information Act (CMIA) can impose... View More
How CA Health and Safety Code 32128 (c) is construed in respect to hospital, not health care district?
What specific sections of California Health and Safety Code define legal liability of hospital and doctor for wrongdoing is respect of wrongful classification of patient, fraudulent... View More
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answered on Jan 7, 2024
California Health and Safety Code Section 32128(c) specifically pertains to health care districts, not hospitals directly. However, the principles of liability in this section could be interpreted in the broader context of healthcare law, including hospitals. It’s important to examine how this... View More
Medicare CfC and CoP are elaborate. Which specific regulations present basis for legal liability in respect to wrong classification of patient, and improper discharge referrals? (Other than EMTALA, AKS, Stark law).
What statutes defines defense responsibility to do due diligence and... View More
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answered on Jan 7, 2024
Regarding the specific regulations under Medicare's Conditions for Coverage (CfC) and Conditions of Participation (CoP) that could create a basis for legal liability in the case of wrong patient classification and improper discharge referrals, certain sections are particularly pertinent. For... View More
Medicare defined Quality Assurance Standard in respect to conditions of participation. Violations of which Medicare QA standards are basis for doctor and hospital legal liability to patient? What statutes other then EMTALA, FCA, AKS, Stark law are in relevance?
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answered on Jan 7, 2024
In the context of Medicare's Quality Assurance Standards and their relationship to legal liability for doctors and hospitals, several statutes and regulations beyond EMTALA, the False Claims Act (FCA), the Anti-Kickback Statute (AKS), and Stark Law come into play.
Firstly, the Health... View More
"Is it legally permissible and feasible to operate a for-profit LLC for my mental health residential treatment center, while simultaneously using a separate non-profit entity, initially incorporated as 'Elevated Healing Centers, Inc.', as a foundation or charity to raise funds for... View More
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answered on Jan 6, 2024
In California, operating a for-profit LLC for a mental health residential treatment center while simultaneously running a non-profit entity for fundraising is permissible, provided both entities strictly adhere to state and federal regulations. For the for-profit LLC, 'Elevated Healing... View More
What is the statute of limitations for each? What charges i.e., criminal vs civil can be filed through each, and what is the dollar limit for each? Can I request investigation details and use garnered information as evidence for alternate or separate litigation?
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answered on Jan 5, 2024
In California, the statute of limitations for filing a complaint against a police officer or department, typically under the Department of Police Accountability (DPA), is usually within a specific timeframe from the incident's occurrence. This timeframe can vary but is often around six months... View More
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