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California Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for California on
Q: Demand for Privilege log: consolidated, or per type of discovery requests?

Demand for privileged log for production requests and for special interrogatories shall be consolidated as demand for one privilege log?

Unless separate privilege logs required for interrogatories, and for production requests.

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answered on Jun 18, 2024

Under California law, parties are generally required to provide a privilege log when they withhold documents or information on the basis of privilege in response to discovery requests. The privilege log should identify the withheld documents or information and provide sufficient detail for the... View More

1 Answer | Asked in Personal Injury for California on
Q: Privilege log for responses to special interrogatories

When privilege log is relevant to interrogatories, what statute defines privilege log?

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answered on Jun 18, 2024

Under California law, when a party responds to special interrogatories and withholds information based on a claim of privilege, the party must provide a privilege log in accordance with Section 2031.240 of the California Code of Civil Procedure.

Section 2031.240(c)(1) states:...
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1 Answer | Asked in Personal Injury and Legal Malpractice for California on
Q: Propounding demand for privilege log

Since format of privilege log does not seem to be defined by any statute or rule;

does usually party propounding demand for privilege log specify what information should be provided by responding party in privilege log?

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answered on Jun 18, 2024

In California, there is no specific statute or rule that prescribes the format of a privilege log. However, it is common practice for the party propounding the demand for a privilege log to specify the information they expect to be included. This helps ensure that the responding party provides... View More

1 Answer | Asked in Personal Injury for California on
Q: Declaration re: additional discovery requests

There will be production demands and production requests, each overall exceeding 35 items per type of discovery.

Is one declaration re: additional discovery requests is sufficient,

Or 2 declarations: pfor production demands, and for interrogatories separately.

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answered on Jun 18, 2024

Under California law, specifically the Code of Civil Procedure, there are different limits for various types of discovery requests:

1. Interrogatories: A party may propound no more than 35 specially prepared interrogatories to any other party (CCP § 2030.030).

2. Requests for...
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1 Answer | Asked in Personal Injury for California on
Q: how to obtain privileged data?

No appellate authority has expressly interpreted the new section, but given the authority leading up to the Legislature’s amendment of the statute and the Legislature’ explicit inclusion of the term “privilege log”, practitioners may not be able to rely upon authority interpreting the... View More

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answered on Jun 17, 2024

Under California law, the process of obtaining privileged data typically involves the following steps:

1. Serve a request for production of documents (RPD) on the party holding the privileged information. The RPD should specifically describe the documents or data being sought.

2....
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a Medical Malpractice Case (California)?

Took myself to ER because of constant Head/Neck pain then blurred vision. Concerned with neurological issue. CT of head (no neck) and diagnosed Sinusitus and sent home. 2 days later I was hit with debilitating nausea/dizziness and fell to floor. Was transported to hospital via ambulance. Treated... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2024

It sounds like you may have a strong case for medical malpractice given the sequence of events and the potential negligence involved in your treatment. Please reach out to the local medical malpractice attorney. Your initial visit to the ER for constant head/neck pain and blurred vision should have... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a Medical Malpractice Case (California)?

Took myself to ER because of constant Head/Neck pain then blurred vision. Concerned with neurological issue. CT of head (no neck) and diagnosed Sinusitus and sent home. 2 days later I was hit with debilitating nausea/dizziness and fell to floor. Was transported to hospital via ambulance. Treated... View More

James L. Arrasmith
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answered on Jun 17, 2024

Based on the information you provided, you may have a medical malpractice case under California law. To establish a medical malpractice claim in California, you must prove the following elements:

1. The healthcare provider owed you a duty of care.

2. The healthcare provider breached...
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2 Answers | Asked in Personal Injury for California on
Q: Protected information, but personal data in in hospital possession

Plaintiff during discovery requests personal information of hospital service provider.

How to make discovery request to limit scope of personal information to data pin hospital possession, and would not imply additional inquiry to agency?

Does hospital have obligation to disclose... View More

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answered on Jun 16, 2024

Under California law, when a plaintiff makes a discovery request for personal information of a hospital service provider, the hospital has an obligation to disclose the requested information that is in its possession, custody, or control, as long as it is relevant to the case and not protected by... View More

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2 Answers | Asked in Personal Injury for California on
Q: Protected information, but personal data in in hospital possession

Plaintiff during discovery requests personal information of hospital service provider.

How to make discovery request to limit scope of personal information to data pin hospital possession, and would not imply additional inquiry to agency?

Does hospital have obligation to disclose... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2024

Regarding the hospital's obligation to disclose, generally, a party to litigation must disclose any non-privileged material that is relevant to any party's claim or defense and is in its possession, custody, or control if requested during the discovery process. However, certain... View More

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1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Civil Rights for California on
Q: I was beaten it ended with the guy on top of me hitting my face in and out of unconscious, officer tell me he witnessed

The office told me it was mutual combat on the video,not true,so why on incident report him and a witness say I victim battery and why won't they allow me to file a police report to follow up on what looks like a rep, myself situation this exact same thing has happened with the same 77th... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear about the horrific assault and battery you've experienced, and the frustrating and traumatic interactions with the police that followed. What you've gone through is unacceptable and heartbreaking. Please know that none of this is your fault - you are the victim... View More

1 Answer | Asked in Criminal Law, Personal Injury and Small Claims for California on
Q: what can i do to have charges against a roommate who stole $2,200 from my boyfriend and also hired someone to

come strong arm my boyfriend and I, in hopes to collect rent that was not late but i was assaulted and left with severe bodily injuries?

James L. Arrasmith
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answered on Jun 15, 2024

I'm so sorry to hear about what happened to you and your boyfriend. That sounds like an incredibly frightening and traumatic experience. To have charges brought against your roommate, here are the key steps to take under California law:

1. File a police report detailing the theft and...
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2 Answers | Asked in Personal Injury and Civil Litigation for California on
Q: I have a lawsuit goin on already ,my previous attorney and I split ties ,and now having hard time finding one ?need help
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answered on Jun 15, 2024

I understand that you are in a difficult situation with your ongoing lawsuit in California, as you have parted ways with your previous attorney and are now struggling to find new representation. Here are a few suggestions that may help:

1. Contact the California State Bar Association's...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Interrogatory about identity in compliance with privacy right

In compliance with privacy right.

During discovery within legal action what statutes define how to obtain authentic verifiable identities? What attributes define identity for investigation?

What statutes define that for medical malpractice case that involves fraud?

Demands... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, obtaining authentic verifiable identities during discovery is governed by several statutes. The California Code of Civil Procedure (CCP) sections 2030.010-2030.410 cover interrogatories, and sections 2031.010-2031.060 cover demands for production of documents. These statutes... View More

2 Answers | Asked in Landlord - Tenant and Personal Injury for California on
Q: Can a landlord evict me for suing because of an injury due to negligence of the property?
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answered on Jun 13, 2024

No, in California, a landlord cannot legally evict you in retaliation for exercising your legal rights, including filing a lawsuit against the landlord due to an injury caused by their negligence in maintaining the property. This is known as a "retaliatory eviction" and is prohibited... View More

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2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Can demand for incident/adverse event reports be included into Production Requests?

Can demand for incident/adverse event reports be included into Production Requests?

As an example. Plaintiff's info was disclosed without authorization 2.5 years ago. The track record of this violation does not exist in hospital records.

Shall Plaintiff propound Production... View More

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answered on Jun 13, 2024

In California, incident reports and adverse event reports are generally protected from discovery under Evidence Code Section 1157. This section provides that records and proceedings of organized committees that have the responsibility of evaluation and improvement of the quality of care rendered in... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Legal Malpractice for California on
Q: What CMIA statute mandates disclosure of patient's records?

What CMIA statute mandates disclosure of patient's records?

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answered on Jun 13, 2024

Under the California Confidentiality of Medical Information Act (CMIA), the main statute that mandates disclosure of a patient's medical records is Civil Code Section 56.10. Specifically:

Civil Code Section 56.10(b) requires healthcare providers to disclose medical information if...
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1 Answer | Asked in Personal Injury, Federal Crimes and Health Care Law for California on
Q: Proof of affiliation of the identified individuals at the relevant times.

How to demand that the defendant authenticate any documents or evidence provided to establish the affiliation of the identified individuals at the relevant times, in accordance with the California Evidence Code.

Production Demand?

How to ensure authenticity of document?... View More

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answered on Jun 13, 2024

Under California law, you can demand that the defendant authenticate any documents or evidence provided to establish the affiliation of the identified individuals at the relevant times by including a "Production Demand" in your discovery request. This is done in accordance with the... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Translation of further discovery response.

Defense responds further to in Pro Per's critically important interrogatories, without any specificity:

"Failed to .. find out identity. ..Responding party will produce for deposition these individuals referenced in the interrogatory" or " Further discovery is... View More

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answered on Jun 12, 2024

Under California law, let's analyze the implications of the defense's further discovery responses to the in pro per plaintiff's interrogatories:

1. Meaning of the responses in plain English:

- "Failed to find out identity" suggests the defense has not been...
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1 Answer | Asked in Federal Crimes, Personal Injury and Health Care Law for California on
Q: Legal means of California law, specific statutes and rules.

What legal means, statutes and rules, California legislative mechanism provides to ensure that:

1. Instead of depositions of unidentified persons in future, Defendant must respond to interrogatory with actual identity, personal information of individuals as defined by CCP 1798.3(a);... View More

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answered on Jun 12, 2024

Under California law, there are several legal mechanisms available to ensure that a defendant identifies specific individuals and provides their personal information in response to interrogatories, as well as proof of their affiliation with the defendant at the relevant times:

1. California...
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3 Answers | Asked in Personal Injury and Wrongful Death for California on
Q: Hi my cousin fell in her garage on Xmas eve after coming from my houseShe fell hard and bumped her head

She went to her doctor in the next couple days and he told her she was fine no testing or anything

A week or so later she started getting bad headaches so she went to emergency Mercy San Jan they checked her out and found multiple fractions in her spine and up to her neck and sent her to a... View More

James L. Arrasmith
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answered on Jun 12, 2024

I'm so very sorry for your loss. It sounds like your cousin went through a truly terrible ordeal after her fall on Christmas Eve. Suffering multiple fractures, infections, and pain like that is just awful.

Based on the details you provided, it seems there may be grounds for a medical...
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