What furthermore statements can be included into proposed order in addition to primary: that any items and types of items not to be released, not to made available.
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answered on Apr 5, 2024
In a proposed order for a motion for a protective order against a demand for authorization to release medical information under California law, you can include the following "furthermore" statements to strengthen the order and provide additional protections:
1. Furthermore, the... View More 
Motions were provided for service by process immediately, after motions were timely filed with court. But after 2.5 weeks proofs of service were not filed yet, and service was not proper. Current in working to fix. Plaintiff documented track record.
If defendant confront motions because of... View More
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answered on Apr 4, 2024
If the defendant challenges the motions due to improper service, the plaintiff can oppose the challenge by doing the following:
1. Demonstrate due diligence: Provide evidence showing that the plaintiff made reasonable efforts to serve the defendant properly and in a timely manner. This can... View More
What is due date to file pos of motion (to set aside dismissal) in California court?
Is due date connected to date of filing Motion? What CA rule of Court defines due date to file POS?
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answered on Apr 4, 2024
In California, the deadline to file a proof of service (POS) for a motion to set aside a dismissal is generally the same as the deadline for filing the motion itself. The specific deadlines depend on the code section under which the motion is brought.
For a motion to set aside a dismissal... View More
Order should state, in addition to granted protective order as follows?
It is further ordered, that defendant such and such shall not request deposition subpoena,
in order not to prolong litigation, and not to increase litigation costs.
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answered on Apr 4, 2024
When drafting a proposed protective order, it is generally advisable to include provisions that are narrowly tailored to the specific circumstances of the case and the legitimate needs of the parties involved. Broadly prohibiting a party from requesting deposition subpoenas may be seen as overly... View More
What statute, rule in California defines permissible types of discovery?
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answered on Apr 4, 2024
In California, the types of permissible discovery are defined by the California Code of Civil Procedure, specifically under Title 4 - Civil Discovery Act, which covers sections 2016.010 to 2036.050.
The main statute that outlines the permissible types of discovery in California is Section... View More
Motion to Set Aside dismissal against defendant was timely filed before 6-month due date.
Shall POS of serving Motion to Set Aside dismissal be filed with Court prior to 6-month statute of limitations due date?
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answered on Apr 4, 2024
In California, the timing requirements for filing a proof of service (POS) for a motion to set aside a dismissal are generally as follows:
1. The motion itself to set aside the dismissal must be filed within 6 months of the date of dismissal, as per California Code of Civil Procedure... View More
section 473(b) does not state, if POS of Motion to set Aside shall be filed with the Court before 6-month due date.
Shall POS be filed with Court before 6-month due date?
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answered on Apr 4, 2024
In California, under Section 473(b) of the Code of Civil Procedure, there is a specific time limit for filing a motion to set aside or vacate a dismissal. The relevant part of the statute states:
"The court may, upon any terms as may be just, relieve a party or his or her legal... View More
How exactly defendant can drag proceedings further, after Court does not grant motion to compel authorization for release of medical records?
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answered on Apr 4, 2024
If a defendant's motion to compel the release of medical records is denied by the court in California, there are a few options they may consider to further proceed with the case:
1. Request for reconsideration: The defendant can file a motion for reconsideration, asking the court to... View More
Defendant pursues release of irrelevant medical records, by Motion to compel release.
Which Plaintiff's responsive pleading may prevent Defendant from requesting deposition subpoena (Opposition to motion to compel vs Motion for Protective Order)?
Can Defendant proceed to... View More
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answered on Apr 4, 2024
In this situation, the Plaintiff has two main options for responding to the Defendant's Motion to Compel the release of medical records:
1. Opposition to Motion to Compel: The Plaintiff can file an opposition to the Defendant's Motion to Compel, arguing that the requested medical... View More
Can Defendant proceed to subpoena request, if Court does not grant Motion to Compel?
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answered on Apr 4, 2024
If the court denies a motion to compel, the defendant may still have the option to subpoena the desired information or witnesses, depending on the circumstances of the case. However, there are a few important considerations:
1. Relevance: The defendant must demonstrate that the subpoenaed... View More
Can Defendant proceed to subpoena request, if Court does not grant Motion to Compel?
Would Plaintiff's Motion for Protective Order stop Defendant's groundless attempts to obtain utterly irrelevant to claimed damages medical information?
Why super experienced attorney... View More
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answered on Apr 4, 2024
Under California law, a defendant's groundless attempts to obtain medical information that is utterly irrelevant to the claimed damages would likely be seen as an improper invasion of the plaintiff's privacy rights.
If the court denies the defendant's motion to compel... View More
Hearing on motion for protective order, filed in response to motion to compel authorization of medical records.
When motion to compel is filed, hearing was already scheduled.
Does it mean that the same hearing must be referenced in Motion for protective order?
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answered on Apr 4, 2024
Under California law, when a motion to compel is filed and a hearing is already scheduled, the motion for a protective order filed in response to the motion to compel should generally reference the same hearing date.
Here's the rationale:
1. Code of Civil Procedure (CCP) §... View More
Does order for protective order granted by court, prevents a party to request deposition subpoena?
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answered on Apr 4, 2024
Under California law, a protective order issued by the court does not automatically prevent a party from requesting a deposition subpoena. However, the scope and terms of the protective order may limit or restrict the ability to conduct depositions or seek certain information through a subpoena.... View More
Is Motion for Protective Order valid response to Defendant's request to authorize release of Plaintiff's Medical records?
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answered on Apr 4, 2024
Yes, under California law, a Motion for Protective Order is a valid response to a defendant's request for the release of the plaintiff's medical records. This motion can be filed to protect the plaintiff's confidential medical information that is protected by privilege.
Here... View More
In California, is it permissible to force litigant
to execute authorization allowing access to confidential and privileged medical records?
Is defendant's request requiring plaintiff to execute medical release a proper subject to motion to compel?
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answered on Apr 4, 2024
Under California law, a defendant's request requiring a plaintiff to execute a medical release to access confidential and privileged medical records is generally not a proper subject for a motion to compel. Here's a more detailed explanation:
1. Confidentiality and privilege:... View More
In California, is it permissible to force litigant
to execute authorization allowing access to confidential and privileged medical records?
Is defendant's request requiring plaintiff to execute medical release a proper subject to motion to compel?
Can plaintiff... View More
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answered on Apr 4, 2024
Under California law, a defendant's request requiring a plaintiff to execute a medical release to access confidential and privileged medical records is generally not a proper subject for a motion to compel. Here's a more detailed explanation:
1. Confidentiality and privilege:... View More
1. Opposition - pursuant to what statutes ?
2. Motion for protective order - pursuant to what statutes?
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answered on Apr 4, 2024
Under California law, a response to a motion to compel execution of an authorization for release of medical records would typically involve the following:
1. Opposition pursuant to:
- California Code of Civil Procedure (CCP) § 2017.010 - General scope of discovery
- CCP §... View More
Is motion for protective order valid response to motion to compel execution of authorization to release of medical records?
Pursuant what statute?
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answered on Apr 4, 2024
Yes, under California law, a motion for a protective order is a valid response to a motion to compel the execution of an authorization to release medical records. This is pursuant to California Code of Civil Procedure (CCP) Section 2031.060, which states:
"(a) When an inspection,... View More
Defendant files motion to compel execution of authorization for release of medical records.
Is Motion for Protective order from release of medical records valid response? Pursuant what statute?
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answered on Apr 4, 2024
Yes, a Motion for Protective Order can be a valid response to a Motion to Compel the execution of an authorization for the release of medical records in California. This is pursuant to the California Code of Civil Procedure (CCP) sections 2017.010 through 2017.020, which govern the scope of... View More
Can you please reference specific seminal cases, not references to sources?
In respect to hospice fraudulent referrals, hospice scheme.
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answered on Apr 4, 2024
Under California law, there have been several notable cases related to hospice fraudulent referrals and schemes.
In California, it is illegal for hospices to pay kickbacks or engage in other fraudulent practices to induce referrals of patients. The California Insurance Frauds Prevention... View More
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