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In this particular case, the question is not about defendant to depose plaintiff.
The question is about defendant's responses to 'produce person for deposition' in instead of disclosure of inquired identity.
In this case plaintiff cannot be obliged to depose a person,... View More 
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answered on Jun 17, 2024
Under California law, a protective order is a court order that is designed to protect a person from harassment, stalking, or abuse. It can be used to prevent the defendant from contacting the plaintiff, coming near them, or engaging in other specified behaviors.
In the context of a legal... View More
Defendant hospital can find many triggers for objections. However, when subject matter of particular discovery responses is crucial for the case,
Motion to compel with demand to produce privilege log Is the only tool available to obtain any meaningful responses?
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answered on Jun 17, 2024
Under California law, when a defendant hospital objects to discovery requests and the subject matter of those requests is crucial to the case, filing a motion to compel along with a demand for a privilege log can be an effective tool to obtain meaningful responses. Here's why:
1.... View More
Can responses by defense 'defense will produce person for deposition' enforce on plaintiff deposing person? What statute defines that?
Why plaintiff can be forced to file additional motion for protective order?
Can plaintiff instead propound specific discovery request for... View More
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answered on Jun 17, 2024
In a lawsuit involving an allegation of hospice fraud in Los Angeles, if the defense responds to a plaintiff's request for information by stating they "will produce a person for deposition," it does not automatically obligate the plaintiff to depose that person. The plaintiff has the... View More
Defenses HAS TO make a reasonable a good faith effort to obtain information for proper response,
as clearly defined by CCP § 2030.220(c).
But
according to Defense, unless more specific question is asked about information
that is in the defendant's... View More
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answered on Jun 17, 2024
In California, the Code of Civil Procedure (CCP) § 2030.220(c) requires a party responding to interrogatories to make a reasonable and good faith effort to obtain the information needed to provide a proper response. If the responding party (in this case, the defense) fails to do so and instead... View More
What is usual and customary procedure for defendant to authenticate identities of service providers and agreements thereof?
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answered on Jun 17, 2024
Under California law, authenticating the identities of service providers and agreements typically involves a few key steps during the discovery process. You would begin by serving discovery requests, such as interrogatories, requests for admission, or requests for production of documents, to obtain... View More
Motion for protective order is not relevant for the situation.
Plaintiff requests defendant to create privilege log in production request and to disclose private information of individuals.
Can motion for camera review and motion for court order for disclosure of private data be... View More
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answered on Jun 16, 2024
Here are the steps I would recommend for handling this situation in California:
1. Serve the production requests and special interrogatories on the defendant. In the requests, ask the defendant to produce a privilege log identifying any documents withheld on the basis of privilege. Also... View More
Specific authorities, case law. Precedents of camera review for fraudulent unauthorized disclosure of medical information.
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answered on Jun 15, 2024
For the most accurate and up-to-date information, I would strongly recommend consulting with a licensed California attorney who specializes in health law and privacy matters. They will be able to research the relevant statutes, case law, and legal precedents and provide you with a detailed... View More
What Codes are relevant in order to validate authenticity of personal information of hospital service providers in this situation:
Data is maintained by public or local agencies,
but I request within the discovery process identity attributes, business records (i.e. authentic... View More
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answered on Jun 15, 2024
In California, there are a few relevant codes and laws that pertain to validating the authenticity of personal information of hospital service providers, especially when the data is maintained by public or local agencies and requested within the discovery process. Here are the key relevant codes:... View More
Is it defense responsibility:
To compile privilege log
from discovery responses that defenses already provided throughout discovery;
AND inclusive responses that will be provided to the latest discovery that Plaintiff propounds?
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answered on Jun 15, 2024
Yes, under California law, it is typically the responsibility of the party asserting a privilege (in this case, the defense) to compile a privilege log for any documents or materials withheld from discovery on the basis of privilege. This includes privileged materials from previous discovery... View More
For a medical malpractice case involving fraud, how to make sure authentic identity data is obtained, protected by privacy rights.
Is in-chamber review of privilege log (including privacy right) a mechanism to do it?
If a court order is required, in addition to/or instead of motion... View More
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answered on Jun 15, 2024
To discover the identities of individuals in a medical malpractice case involving hospice fraud in California, while respecting privacy rights, there are a few key legal mechanisms and statutes to consider:
In-Camera Review: California Evidence Code Section 915 allows for in-camera review... View More
Patient was referred to hospice based on hospitalization record of proven non-existent terminal disease,
recorded on admission to hospital;
Recorded by doctor who referred patient to hospital, thus knew that terminal disease was non-existent;
And record of hospitalization -... View More
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answered on Jun 14, 2024
Under California law, the plaintiff generally has the burden of proof to establish their case by a preponderance of the evidence. However, in the context of unauthorized disclosure of medical records, there are a few key considerations:
1. California Confidentiality of Medical Information... View More
Plaintiff propounds on defendant-private hospital interrogatory about verifiable authentic identity.
Can inquiry be based on section 1798.3 (a)?
On what statute interrogatory must be based in order to ensure that authentic unique accurate identity information is provided?... View More
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answered on Jun 14, 2024
You can base the inquiry on section 1798.3(a), which defines "personal information" in a way that encompasses the unique and authentic identity of a natural person. This section is part of the California Civil Code, specifically the California Consumer Privacy Act (CCPA), and it is... View More
writes GSA bonds unknowingly on people that attends y’all courts, Is this not securities fraud?
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answered on Jun 14, 2024
There seem to be some misunderstandings or misconceptions in your question. Let me try to clarify a few points:
1. Attorneys do not typically sign a "custodial affidavit" for each new client. When an attorney agrees to represent a client, they usually enter into an engagement... View More
writes GSA bonds unknowingly on people that attends y’all courts, Is this not securities fraud?
answered on Jun 13, 2024
No, attorneys do not sign a custodial affidavit on each new client. In 36 years of practice, I have never signed o.ne.
GSA bonds are required of certain gov't contractors, not usually on people who attend court. A GSA bond ensures that a contractor will perform whatever work the... View More
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
Plaintiff propounded interrogatory.
Defendant provided improper response to interrogatory In order to induce burden and delay: i.e. Defendant's non-specific intention to produce person for deposition, instead of providing distinct information about identity.
Objection to such... View More
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answered on Jun 13, 2024
Under California law, if a defendant provides an improper or evasive response to an interrogatory, the plaintiff has a few options to address the issue. The most appropriate course of action depends on the specific circumstances of the case and the nature of the improper response.
1. Motion... View More
Plaintiff propounded interrogatory.
Defendant provided improper response to interrogatory In order to induce burden and delay: i.e. Defendant's non-specific intention to produce person for deposition, instead of providing distinct information about identity.
Objection to such... View More
answered on Jun 13, 2024
The laws in written discovery in California are in the Codes Of Civil Procedure. The entire section is CCP §§ 2016.010 to 2036.050. The
Scope of Discovery is at CCP §§ 2017.010-2017.320. Specifics as to written discovery and motions to compel are at CCP §§ 2030.010-... View More
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... View More
My fiance is being held without bond on a indictment for first degree burglary
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answered on Jun 22, 2024
To answer this question concisely:
Yes, it is possible for your fiancé to get pretrial release even if they are currently being held without bond. However, it's not guaranteed and depends on several factors.
Key points:
1. A "hold without bond" status can be... View More
How much trouble am I in? It's been 17 months so I would have to return about $17,000. . Can I remedy this by returning the money ? I don't know what to do.
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answered on Jun 10, 2024
It’s important to address this situation promptly to avoid further complications. The first step is to contact the Social Security Administration (SSA) to report your mother's death and explain the situation. Be honest about the oversight and your willingness to return the funds.
The... View More
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