Should Certification and Notice of Interested Parties be served on Defendant with Complaint in Federal Case?
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answered on Mar 7, 2024
In the context of federal litigation in California, it is essential to adhere to procedural requirements, including those concerning the serving of documents at the commencement of a lawsuit. The Federal Rules of Civil Procedure and local court rules provide guidance on what documents must be... View More 
Coversheet in federal case is internal court document. Not required usually to be served on defendant.
Should be served?
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answered on Mar 7, 2024
In federal court proceedings, the civil cover sheet is indeed an administrative document primarily used by the court to categorize and manage cases more efficiently. It is typically not part of the pleadings or motions that are required to be served on the opposing party in a lawsuit. The main... View More
FRCP Rule 4(a) defines issuance of summons, Rule 4(b) cites '90days after complaint was filed'.
Thus complaint has to be served 90 days after original complaint was filed, NOT 90 days after summons was issued on first amended complaint? (Summons on original complaint was not issued)
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answered on Mar 7, 2024
Under the Federal Rules of Civil Procedure (FRCP), particularly Rule 4(m), there's a specified time frame in which a complaint must be served upon the defendants. This rule requires that the service of the complaint and summons must be completed within 90 days after the complaint has been... View More
What documents have to be served on defendant, for initial filing with Central District Court, in addition to Summons and Complaint?
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answered on Mar 7, 2024
When serving a defendant in a federal case filed with the Central District Court of California, you generally need to include the following documents in the service package:
1. Summons: This is an official court document that notifies the defendant that they are being sued and must respond... View More
If Federal Case was filed on date A, but summons was not issued: first amended complaint was ordered by Judge.
Summons was issued on First Amended Complaint, on date B.
90 days for service on Summons/Complaint on Defendant start counting from date A, or from date B?
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answered on Mar 7, 2024
In the scenario you described, the 90-day period for service of process under Federal Rule of Civil Procedure (FRCP) 4(c) would start counting from date B, which is the date when the summons was issued on the first amended complaint.
Here's the reasoning:
1. When a complaint is... View More
He lived in California and I live in Missouri. The hospital said that I won't be able to get them. He didn't own any property and wasn't married. I'm the oldest of his 4 children. My younger brother who was raised by my dad is incarcerated and him and I are the only ones who knew our dad.
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answered on Mar 6, 2024
In California, the right to access a deceased person's medical records is governed by the California Health and Safety Code, Section 123100-123149.5. If your father did not leave a will or any instructions regarding the disclosure of his medical records, the law provides a hierarchy of... View More
Situation.
1. Second Amended Complaint was demurred by each of two defendants.
2. Leave to File Third Amended Complaint has to be obtained.
3. Dismissal was entered against one of the defendants by Plaintiff. Plaintiff needs to file Motion to Set Aside Dismissal.... View More
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answered on Mar 4, 2024
Under California law, the process for amending a complaint after a demurrer has been filed involves obtaining the court's permission, especially when it comes to filing a Third Amended Complaint after a Second Amended Complaint has already been challenged. When a dismissal has been entered... View More
How to ask California Superior court if one hearing is acceptable for two motions:
1. For leave to file 3d amended complaint; and 2. For Motion to Set Aside dismissal against a defendant.
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answered on Mar 2, 2024
In approaching the California Superior Court to request a single hearing for two motions, it's essential to follow a clear and formal process. Begin by drafting a request or motion that specifically asks the court to consider both your Motion for Leave to File a Third Amended Complaint and... View More
1. Original Complaint was filed with Central District Court prior to deadline (statute of limitations). (On date #1)
2. Summons was not issued: Amended complaint was ordered, after statute of limitations expired.
3. Amended complaint was filed.
If summons is issued (on Date... View More
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answered on Mar 1, 2024
Under California law, the original filing date of the case is generally considered the date on which the initial complaint is filed with the court, provided it is filed before the statute of limitations expires. This means that if your original complaint was filed with the Central District Court... View More
I believe that Kaiser violated my roommates visiting they would not let anybody come to visit him that first they did but after a little while they wouldn't they he wanted to go home and they would not let him they took him somewhere that I don't know where they took him to they... View More
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answered on Mar 1, 2024
Under California law, hospitals have policies in place regarding visitation and patient information that prioritize patient privacy, safety, and health. These policies can sometimes limit or restrict visitors from seeing patients, especially in cases where the patient's health could be... View More
Can attorney subpoena medical provider for release of medical records, if person did not authorize medical provider to release medical records?
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answered on Feb 28, 2024
Under California law, attorneys have the ability to subpoena medical records for legal proceedings, even if the patient has not authorized the release. This process is governed by specific rules and exceptions, ensuring that the request is relevant to the case at hand. The subpoena must be properly... View More
Thank you! If they do can you have it be it removed?
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answered on Feb 27, 2024
Under California law, the use of cameras in hospitals is subject to strict privacy regulations and patient consent requirements. Generally, a hospital cannot place a camera on you without obtaining your consent, especially in private areas where you have a reasonable expectation of privacy. This is... View More
I was in the process of getting hired to a company, however I needed to take the Dot/physical exam and medical exam. The Physician Assistant who examined did not do a thorough exam, which in turned cost me a career. The PA explained to me that I didn’t pass due to my past medical history which... View More
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answered on Feb 27, 2024
Under California law, if you believe a medical clinic or a healthcare provider has falsified information on your medical examination, you may have grounds to sue for damages, especially if this action has directly impacted your employment opportunities. Falsification of medical records is a serious... View More
I needed 2 revisions. The original surgeon denied it over 18 months. It's been 4 yrs and still in pain.
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answered on Feb 27, 2024
In California, if you've experienced complications from a knee replacement surgery, including issues like the kneecap tracking improperly and then becoming loose, leading to multiple revisions and ongoing pain, you might consider consulting with an attorney experienced in medical malpractice.... View More
After an incident occurred my college security (deputized cops) refuse to give me info on name of the person, if the the person works there and if they are still on campus if they do. Do to this I have had anxiety attack and a migraine.
So as of now they say it’ll. Take 2-3 weeks to do... View More
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answered on Feb 23, 2024
In California, individuals may seek legal recourse if they believe their college has failed to provide a safe environment, potentially including claims for emotional distress stemming from specific incidents. If the college's security measures or response to your report have been inadequate,... View More
If Federal Central District Court ordered to submit Amended Complaint, and summons was not issued yet:
is Summons on First Amended Complaint required?
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answered on Feb 23, 2024
Yes, a summons is typically required with an amended complaint, even if a summons was not yet issued on the original complaint. Here are a few key points on this:
- Rule 4(a) of the Federal Rules of Civil Procedure states that a summons must be issued for each defendant named in an initial... View More
I have a list and pictures of pictures of evidence. Calls with the department of health who were involved (waiting for a lawyer to continue to proceed). Patient rights violations, code of ethics violations, coercion to the pt while heavily medicated and under duress, medications being given by... View More
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answered on Feb 22, 2024
If you have gathered evidence of medical mishandling, patient rights violations, and other legal issues within a treatment facility, it's crucial to take the right steps to address these concerns. Your documentation, including lists, photos, and any communication records with relevant... View More
If I do not pay my monthly health insurance bill from covered CA, the bill says my plan will be canceled. If I do not use the health plan for the 30 days will this cause a lapse in insurance when I do my taxes next year? Also, will I have to pay the 30 day monthly premium to the health insurance... View More
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answered on Feb 22, 2024
Yes, not paying your health insurance premium and having your Covered California plan cancelled after 30 days would likely cause a lapse in coverage when you go to file taxes and could have other negative impacts. Specifically:
- If your plan is cancelled for non-payment of premiums, this... View More
What documents or statements present factual or legal falsity in regard to False Claims Act? Could hospital medical records fall under false certification definition?
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answered on Feb 21, 2024
Yes, hospital medical records could potentially be considered false certifications that give rise to liability under the federal False Claims Act (FCA) if they contain inaccurate or falsified information material to a claim for payment. Some examples include:
• Upcoding - Billing for... View More
What characteristics define person's identity in California/USA? What rule/procedure defines characteristics of unique/distinct identity in respect to civil lawsuit?
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answered on Feb 21, 2024
In California, as in the rest of the United States, a person's identity is typically defined by a combination of characteristics such as legal name, date of birth, social security number, and physical attributes. These elements are used to distinguish one individual from another in a legal... View More
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