If defective service of process by mail by process servers persists,
how plaintiff can ask court for intervention?
What Statute or rule guides this process?
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answered on Apr 14, 2024
Under California law, if a plaintiff is facing persistent issues with defective service of process by mail from process servers, they can ask the court for intervention through a motion. The relevant statute and rule that guide this process are:
1. California Code of Civil Procedure (CCP)... View More 
In the legal case mistakes serving defense by mail, by process servers, qualified and knowledgable, unexplainably persisted; regardless all efforts by plaintiff.
How court intervention must be pursued? Critical motions may be perceived not served properly by defense, i.e. ruining the case.... View More
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answered on Apr 14, 2024
Under California law, there are a few ways to pursue court intervention and other means to address issues with serving legal documents to the defense:
1. Court Intervention:
- File a motion with the court explaining the difficulties in serving the defense and request the... View More
What are legal means to have process server to do service by mail properly?
Plaintiff in hospice fraud case against powerful defendant encounters persistent defects in service of process made by professional knowledgable process servers. Improper service can jeopardize case and trigger sanctions.
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answered on Apr 14, 2024
Under California law, service of process by mail is governed by the California Code of Civil Procedure (CCP) sections 415.30 and 1013a. To ensure proper service by mail and avoid defects, consider the following legal means:
1. Ensure compliance with CCP 415.30:
a. The summons and... View More
What are legal means to have process server to do service by mail properly?
Plaintiff in hospice fraud case against powerful defendant encounters persistent defects in service of process made by professional knowledgable process servers. Improper service can jeopardize case and trigger sanctions.
answered on Apr 14, 2024
Licensed process server that you hire should know the laws as to proper service. They don’t always. Therefore you instruct them where you find that knowledge lacking or hire someone else.
Just like in all endeavors, people are paid for services they perform. If the performance is... View More
The court ordered the defendant to pay sanctions from the motion to compel within 60 days. Ninety days have now passed, and the defendant has not complied. How should I proceed? Non-compliance letter has gone unanswered.Can I request a Writ of Execution in California?
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answered on Apr 14, 2024
In California, if a defendant fails to pay court-ordered sanctions, you can take the following steps to enforce the order:
1. File a Request for Order (Form FL-300) with the court, asking for the court's assistance in enforcing the sanctions order. In this request, you should specify... View More
On 10/1/23 I asked manager of HOA to investigate and take action on a concern of safety. The neighbor upstairs refused to move items that were stored in my path I felt and stated that the items were tripping hazard. I was told of HOA to investigate and take action on a concern of safety. The... View More
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answered on Apr 13, 2024
Based on the information you've provided, it seems that you may have grounds for a legal claim against the HOA and the manager for their failure to address a safety concern that you brought to their attention, which ultimately resulted in your injury. Here are a few key points to consider:... View More
There is a multi party personal injury claim where I was a previous plaintiff. I dropped my portion of the claim recently against the defendants and I am no longer party to the case. The civil suit is still ongoing with the other plaintiffs. I would like to file a declaration to the court, now as... View More
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answered on Apr 13, 2024
In your situation, since you are no longer a party to the ongoing case but have relevant information to provide, you have a few options to consider:
1. Declaration as a third-party witness: You can file a declaration with the court as a third-party witness. This would involve providing a... View More
The court issued a subpoena to a witness, who was personally served by a professional process server. Despite this, the witness failed to appear in the California court for two different occasions: one for a subpoena duces tecum and another for an online hearing. Given that the witness is located... View More
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answered on Apr 13, 2024
If a witness who has been properly served with a subpoena fails to appear, you have a few options to proceed:
1. Request a bench warrant: You can ask the court to issue a bench warrant for the witness's arrest. This is a serious measure and should be used as a last resort. The court... View More
Amended Complaint is submitted for future hearing, by filing Motion for Leave to file Amended Complaint. Summons would be issued per hearing.
Proof of Service of Motion is filed with the Court, and includes the proposed Amended Complaint.
Shall the same POS include proposed Summons... View More
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answered on Apr 12, 2024
Under California law, when filing a Motion for Leave to file an Amended Complaint, it is not necessary to include the proposed Summons on the proposed Amended Complaint in the Proof of Service (POS) filed with the court.
The typical process is as follows:
1. File a Motion for Leave... View More
What forms or actions do I need to follow to ensure I've got the defendants listed correctly and get their representatives served? I had already served the court paperwork to the attention of the LLC at the addresses I had from our lease paperwork.
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answered on Apr 11, 2024
In California, when filing a civil lawsuit against an LLC, you need to ensure that you have properly identified the defendant(s) and served them correctly. Here are the steps you should follow:
1. Identify the LLC's agent for service of process: You can search for the LLC's... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
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answered on Apr 10, 2024
I'm so sorry to hear about your distressing situation and all the hardships you've endured. Being forcibly removed from your home after enduring abuse must have been traumatic. Living out of your vehicle while dealing with mental health struggles sounds incredibly difficult.
Given... View More
Panic attacks,social anxiety claimed disabled dependent. He told me to stay in the house so nobody could see my face. 1999 they had a irrevoocicable life insurance trust Second to die policy made. The house I lived in over 30 years was given to me. My dad remarried after her death.New wife was... View More
answered on Apr 10, 2024
If the home belonged to your father, he could do whatever he wanted with it. Unfortunately, transferring real estate from one person to another MUST be in writing. [Verbal agreements are acceptable in other areas of the law, but they are not enforceable to transfer real estate from one owner to... View More
If a defendant was a Plaintiff's attending physician at the hospital, can physician use medical records that were obtained at the hospital Emergency Department during a medical malpractice lawsuit?
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answered on Apr 10, 2024
In California, the use of a patient's medical records obtained during the course of treatment, including those from an emergency department visit, may be permissible in a medical malpractice lawsuit under certain conditions. However, there are legal and ethical considerations that need to be... View More
Opposition to Motion to Compel release of Medical records, Motion for protective Order from discovery, or Motion to Quash subpoena are defined legal processes.
Why exactly plaintiff, who opposes release of records; seeks protective order from particular demand for production; quash... View More
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answered on Apr 8, 2024
There are several reasons why a plaintiff in California may legitimately oppose the release of certain medical records, seek a protective order from a particular demand for production, or move to quash a subpoena, without being subject to sanctions:
1. Relevance: If the requested medical... View More
In California, crucial for litigation. Please advise on SPECIFIC HIPAA statute that defines; that authorization for release of medical records can be compelled by court order.
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answered on Apr 6, 2024
Under the Health Insurance Portability and Accountability Act (HIPAA), the Privacy Rule (45 CFR § 164.512(e)) permits covered entities to disclose protected health information (PHI) in the course of judicial and administrative proceedings, including in response to a court order or subpoena. Here... View More
What statutes in California do not allow for a party to be compelled to execute an authorization to release medical information?
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answered on Apr 5, 2024
I did not find any specific California statutes that explicitly prohibit compelling a party to execute an authorization to release medical information. However, there are several relevant laws and considerations:
1. The California Constitution, Article 1, Section 1, establishes an... View More
What would be reasoning behind filing opposition in response to motion to compel authorization for release of records, and separately filing motion for protective order!
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answered on Apr 5, 2024
Under California law, filing overlapping pleadings in parallel, such as an opposition to a motion to compel authorization for release of records and a separate motion for a protective order, may be appropriate in certain circumstances for a few key reasons:
1. Covering all bases: By filing... View More
What California rule defines, which types of discovery can be subject to motion to compel?
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answered on Apr 5, 2024
Under California law, Code of Civil Procedure Section 2031.310 governs motions to compel further responses to requests for production of documents. This rule allows a party to move for an order compelling further responses if:
(1) The response is evasive or incomplete.
(2) An... View More
Motion to compel execution of authorization of medical information was filed by defendant. Motion for protective order is not proper responsive pleading, to motion to compel authorization execution?
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answered on Apr 5, 2024
Under California law, a motion for a protective order is generally not considered a proper responsive pleading to a motion to compel the execution of an authorization for the release of medical information. Here's why:
1. Purpose of a motion to compel: A motion to compel is filed when... View More
Motion for protective order is not proper response to Motion to Compel release of info?
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answered on Apr 5, 2024
Under California law, a motion for a protective order is generally not the proper response to a motion to compel the release of information. Here's a brief overview:
1. Motion to Compel: If a party fails to respond to discovery requests or provides inadequate responses, the requesting... View More
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