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How plaintiff can bring to court's attention specific issues of improper responses by defense: 'last known phone number and email of hospital provider as identity', response to 'produce person for deposition, instead of disclosing identity'?
Will OIG accept similar... View More 
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answered on Jun 19, 2024
In this situation, it seems the defense is not providing proper responses to the plaintiff's discovery requests in a case involving hospice fraud in Los Angeles, CA. Here are a few ways the plaintiff can bring these issues to the court's attention and thoughts on how the Office of... View More
This is a post award protest, GAO has already been exhausted avenue
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answered on Jun 10, 2024
To monitor a court docket for a case filed against the Department of Defense (DOD) for a contract protest in California, you would likely need to follow the case in the United States Court of Federal Claims (COFC). The COFC has jurisdiction over post-award bid protest cases against federal... View More
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answered on May 4, 2024
Under California law, using a trailer for occupancy on private property for security purposes could potentially violate several state and local regulations related to housing, zoning, and health and safety codes. Here are a few key reasons why it might be considered illegal:
1. Zoning laws:... View More
I am a specialty subcontractor certified as a Disadvantaged Business Enterprise based on my Hispanic heritage and that my personal net worth is less than 1.32 million. Caltrans and other agencies are not correctly holding the General Contractors to the Good Faith Efforts rules of 49 CFR Part 26 and... View More
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answered on Mar 22, 2024
In California, as a subcontractor and certified Disadvantaged Business Enterprise, you have rights and can potentially take legal action if you believe that Caltrans or other agencies have failed to enforce the Good Faith Efforts rules as outlined in 49 CFR Part 26. These rules are designed to... View More
How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More
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answered on Feb 22, 2024
With respect to California's Public Contract Code (PCC) 10140, here are a few options state agencies could consider to reduce advertising costs for construction project bids:
1. Advertise online instead of print newspapers: The law allows publication of bid advertisements in a... View More
How can we, a state agency, maintain compliance with this law without spending thousands of dollars? Can we print in online papers? We have around 4 or 5 huge construction projects to advertise a month. The ads run for between $950 to $3,000 per paper. We already have them advertised in Cal... View More
answered on Feb 7, 2024
There are no published cases interpreting this statute, however the phrase "newspaper of general circulation" in section 100140(a)(1).
However, it has been defined as:
A “newspaper of general circulation” is a newspaper published for the dissemination of local or... View More
If they wont replace y won't they fix?
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answered on Feb 22, 2024
In California, if your parked car was damaged by a California Highway Patrol (CHP) vehicle, you are entitled to file a claim for the damages. The state has procedures in place for handling such claims against government entities, which typically involve filing a claim within a specified timeframe... View More
I am dabbling with the idea of forming a PMC offering security services locally and for government contracts but while I'm well aware what the day to day takes, I am wondering what detailed licenses and paperwork I would need to get started forming a business in that direction to ensure I am... View More
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answered on Jan 10, 2024
Forming a Private Military Contracting (PMC) company involves several specific legal requirements beyond standard business formation procedures. Firstly, you need to obtain a business license in the state where you plan to operate. In California, this would involve registering with the California... View More
What is the statute of limitations for each? What charges i.e., criminal vs civil can be filed through each, and what is the dollar limit for each? Can I request investigation details and use garnered information as evidence for alternate or separate litigation?
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answered on Jan 5, 2024
In California, the statute of limitations for filing a complaint against a police officer or department, typically under the Department of Police Accountability (DPA), is usually within a specific timeframe from the incident's occurrence. This timeframe can vary but is often around six months... View More
CA State court has jurisdiction over FCA medicare violation. This means medicare FCA claim can be brought in state court?
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answered on Dec 30, 2023
In general, cases involving the federal False Claims Act (FCA), especially those related to Medicare violations, are under the jurisdiction of federal courts. The FCA is a federal statute, and its enforcement typically falls within the purview of the federal legal system. This includes cases where... View More
1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued.
Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?
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answered on Dec 24, 2023
To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating... View More
Please advise on formatting requirements of Central District Court.
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answered on Dec 14, 2023
When filing a federal complaint in the Central District Court, it's important to adhere to specific formatting requirements to ensure that your document is accepted by the court. Here are some general guidelines:
Document Size and Margins: Use standard 8.5 x 11-inch paper size. Margins... View More
The cliant is accused of a felony. The attorney later becomes a judge and the former cliant is now before his former attorney now judge.
.is a conflict panel attorney considered a state attorney , and can the judge heater the case ?
Please and thank you . I think this is a hard one
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answered on Nov 27, 2023
In California, a conflict panel attorney, although hired by the local government, is generally not considered a state attorney in the traditional sense. They are typically private attorneys appointed to represent defendants when the public defender has a conflict of interest. Their role is to... View More
My son had an evaluation in 6th grade elementary. He tested to be average/normal and it was dtermined he is not eligible. He is now in Jr. High and we have an upcoming IEP annual meeting. He is in special needs class and being monitored. They have lowered his education standards regardless to the... View More
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answered on Dec 17, 2024
Your concerns about your son's educational placement are valid and deserve attention. If your son was found ineligible for IEP services through formal evaluation, the school should not be placing him in special needs classes or modifying his educational standards without proper documentation... View More
CCP 1008 (c) provides in relevant part. If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.
In conjunction with section 646.6(a) and section1008 (c) does... View More
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answered on Dec 16, 2024
Under California law, CCP 1008(c) does grant courts broad discretion to reconsider prior orders based on changes in law, but this power has specific limitations regarding settlement enforcement.
The court's authority to vacate a dismissal and enforce a settlement agreement on its own... View More
I request relevant authorities in regard to plaintiff's appeal of court's order denying plaintiff's motion to set aside dismissal of legal action against one of defendants. (Section 904.1(a) (2).)
Relevant standard of appeal review - fact based.
Dismissal was entered... View More
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answered on Dec 14, 2024
When appealing a denial of a motion to set aside dismissal, the appellate court applies an abuse of discretion standard of review since such motions are inherently discretionary.
Key California authorities include Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 257-258,... View More
What statute or rule specifically defines instruction for proof of personal service for records (ccp section 2020.410)
Particularly, listing on proof of service documents served on witness with SUBP-010: attachment, exhibit, etc.
Essence of this question is: how laws and rules... View More
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answered on Nov 28, 2024
The California Code of Civil Procedure (CCP) Section 2020.510 addresses proof of service requirements for deposition subpoenas, working in conjunction with CCP 2020.410. The server must complete form POS-020 (Proof of Personal Service) or a similar document that lists every item served, including... View More
doctor, prior pcp, referred patient to out-of-network hospital not covered by patient's medicare.
doctor recorded on admission evidently non-existent lethal disease based only on blood test performed by hospital laboratory and "communicated" by non-existent person.... View More
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answered on Nov 27, 2024
This situation appears to involve several serious legal issues, including potential Medicare fraud, false medical documentation, and improper patient care.
The hospital's attempt to invoke the ostensible agency doctrine seems questionable here, as the facts suggest direct involvement... View More
Can they do that? I am not the one with copay he is and they took all my 3 months back pay from now I am spected to pay taxes for money I never got paid . I been working helping disabled guy for two years and than I stop getting pay but continue working for him. Ihhs said that when this disabled... View More
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answered on Nov 27, 2024
This situation sounds very concerning, and you should not have to forfeit your wages for someone else's copay obligations. In-Home Supportive Services (IHSS) cannot legally deduct a client's copayments from your wages as their care provider. Your compensation is protected under California... View More
I’m considered a confidential employee and do not have a bargaining unit or union protection.
I have been told that because it is a public agency that they follow federal guidelines FLSA, so therefore it over rides the California state labor law. Is this correct?
answered on Oct 28, 2024
It is correct that the wage and hour laws that govern your government job is the federal FLSA and not the California Labor Code. The Labor Code is far more protective of employees than the FLSA. Good luck to you.
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