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1 Answer | Asked in Health Care Law and Legal Malpractice for California on
Q: demand for privilege log and for in-chambers review of privileged information at issue

All evidence mentioned in response to Extent of Burden of Proof question exists.

However, for completeness if necessary:

Should demand for privilege log and for in-chambers review of privileged information at issue be included into motion to compel?

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, if a party is withholding documents or information based on a claim of privilege, it is appropriate to demand a privilege log and request an in-camera review of the allegedly privileged material as part of a motion to compel. Here's why including these requests can... View More

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: What statute defines motion for camera review?

What statute defines motion for camera review of privileged info?

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, the statute that defines the motion for camera review of privileged information is Evidence Code Section 915(b).

Evidence Code Section 915(b) states:

"When a court is ruling on a claim of privilege under Article 9 (commencing with Section 1040) of Chapter...
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2 Answers | Asked in Legal Malpractice for California on
Q: What controls exist to ensure case is decided on merits, not on artificial delays and mockery?

It appears that within proceeding permutations defense can find many hooks to oppress in pro per plaintiff, delaying and objecting, stalling discovery, simply because realizes that cannot pursue case otherwise.

Circumstantial evidences when convincing and clear, high probable;

Along... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, there are several controls in place to help ensure that cases are decided on their merits rather than being derailed by artificial delays or mockery of pro per (self-represented) plaintiffs by the defense:

1. Code of Civil Procedure § 128(a): This law gives judges the...
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1 Answer | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Extent of burden of proof. 'Unintentional' non-authorized disclosure of records to hospice.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Health Care Law and Legal Malpractice for California on
Q: Extent of burden of proof

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

James L. Arrasmith
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answered on Jun 14, 2024

In a case where a patient was referred to hospice based on a false record of a terminal disease, the plaintiff still has the burden of proving who is responsible for the wrongful actions. This burden of proof requires the plaintiff to present evidence that identifies the individuals or entities... View More

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: How to request in chambers review of identities, protected under privacy right?

How to request in chambers review of identities, protected under privacy right, when identities are critical to crucial matters at issue of the lawsuit?

What identity attributes shall be requested?

James L. Arrasmith
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answered on Jun 14, 2024

To request an in chambers review of identities protected under privacy rights in California, you need to file a motion for an in camera review. This motion should explain why the identities are crucial to the case and how their disclosure is necessary for the fair resolution of the lawsuit. Be sure... View More

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?

James L. Arrasmith
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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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2 Answers | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Plaintiff's actions after improper Defendant's response to crucially important interrogatory

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

Joel Gary Selik
Joel Gary Selik
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-...
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2 Answers | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Plaintiff's actions after improper Defendant's response to crucially important interrogatory

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

James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law, Constitutional Law, Education Law and Legal Malpractice for Ohio on
Q: What do I do because my son’s lawyers did not have him evaluated. They made have decide plea of life or trial maybe deat

Memory , sensory, brain damage (epilepsy). Mentally retarded,hearing loss,barely can read depression adhd emotionally neglected, forced to go gf stabbed him,, he only. Knew to take a tv not arson or anyone was there. On video but not used. And a lawyer I’ve called dozens of times and yet he is... View More

James L. Arrasmith
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answered on Jun 10, 2024

It sounds like your son is in a very difficult situation, and it's understandable that you are concerned about how his case has been handled. First, you should contact another attorney immediately to discuss your concerns about his current legal representation. This new attorney can review the... View More

2 Answers | Asked in Legal Malpractice for California on
Q: Are attorneys required to provide copies of letters or emails from opposing counsel?

Are California attorneys required to provide copies of letters or emails from opposing counsel if requested by their client? I requested a letter sent to my attorney from opposing counsel that I believe contains false accusations due to the way my attorney referenced the letter. My attorney is... View More

James L. Arrasmith
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answered on Jun 10, 2024

In California, the Rules of Professional Conduct govern the ethical obligations of attorneys. Rule 1.4 of the California Rules of Professional Conduct addresses communication between attorneys and clients. It states that a lawyer shall keep the client reasonably informed about significant... View More

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1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Libel & Slander for Ohio on
Q: How do I start a complaint for ineffective assistance of counsel in Butler County Ohio
James L. Arrasmith
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answered on Jun 3, 2024

To start a complaint for ineffective assistance of counsel in Butler County, Ohio, you first need to gather all relevant documentation related to your case. This includes court transcripts, attorney-client communications, and any other evidence that demonstrates your attorney's lack of... View More

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: Is it legal to alter public records such as booking time and date three months after the fact?

My boyfriend has been incarcerated since February 23rd. On Friday all of a sudden he was no longer booked on the 23rd at 11:23pm. Now the public records say he was booked at 1:28am on the 24th. The judge in the case gave the DA till Friday to file a motion. Is it legal for the DA to alter time and... View More

James L. Arrasmith
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answered on Jun 3, 2024

Altering public records, such as the booking time and date, after the fact is generally illegal and raises serious legal and ethical concerns. Public records are meant to be accurate reflections of events, and tampering with them can undermine the integrity of the legal process. This kind of action... View More

1 Answer | Asked in Civil Litigation and Legal Malpractice for California on
Q: What do I need to do my attorney stop all communication after mediation then lied about the other party that was sued

Now he no longer works for the firm his boss Chris says I'm not entitled to my money and and that we're not following the retainer agreement too many different stories he received my payment as follow I think I need to send a letter in the mail requesting all my money and then I what to... View More

James L. Arrasmith
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answered on May 31, 2024

Under California law, if your attorney has stopped all communication and you believe there has been misconduct, there are several steps you should take. First, gather all documentation related to your case, including emails, payment records, and any correspondence with your attorney and their firm.... View More

1 Answer | Asked in Legal Malpractice for Massachusetts on
Q: If a lawyer is fired, can they still file a motion?

The criminal case lawyer was dismissed, and a motion was filed after being removed from the case.

John Michael Frick
John Michael Frick
answered on May 31, 2024

Typically, once an attorney has entered an appearance on behalf of a defendant in a case, that attorney remains the defendant's attorney until the court grants a motion to withdraw or dismisses the attorney. A client firing an attorney is usually good grounds for the attorney to withdraw or... View More

2 Answers | Asked in Legal Malpractice and Estate Planning for California on
Q: Do I have any recourse against Trust Attorney/DPOA that change the trust that was intended to be signed

The trust that had been consistent with beneficiary distribution for five weeks changed massively in the 25 minute meeting to sign the trust and left with no trust. When requested it was evident what happened and the request was made to send the correct trust With the minor changes that we’re... View More

James L. Arrasmith
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answered on May 19, 2024

I'm sorry to hear about the situation with your father's trust and his passing. This sounds like a complex and difficult legal matter. In general, under California law, you may have some potential avenues to challenge the actions of the attorney or agent acting under a Durable Power of... View More

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4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

James L. Arrasmith
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answered on May 18, 2024

In California, mediation confidentiality is governed by Evidence Code sections 1115 to 1128. These provisions generally protect the confidentiality of mediation communications, making them inadmissible in future legal proceedings, including legal malpractice cases.

1. Breach of...
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4 Answers | Asked in Arbitration / Mediation Law and Legal Malpractice for California on
Q: An Attorney represents you in Mediation, aren't the contents/files protected from inclusion later in legal Malpractice?

If the defendants in a legal malpractice suit being arbitrated include references (or entire files) as to the negotiations, briefs, or discussions which took place in the underlying personal injury case during mediation, is that considered a Breach of Confidentiality on behalf of the Attorney?... View More

Isabel de la Riva
Isabel de la Riva
answered on May 20, 2024

Mediations tend to work because of the open communication they allow by the confidentiality rules. Claims and offers made during a mediation cannot be used as evidence if mediation fails. A mediator can only confirm there was a mediation but cannot be made to testify regarding facts/claims in the... View More

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1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida

A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More

Charles M.  Baron
Charles M. Baron
answered on May 15, 2024

Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More

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