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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34344
Experience:  Retired (mostly)
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Can you give me an example of an(Attachment to a Subpona

Resolved Question:

Can you give me an example of an(Attachment to a Subpona requiring evidenciary Items that I need for my CA State Board Appeal?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  socrateaser replied 11 months ago.
I can do that.

However, I would appreciate it if you would please provide a postive rating for my answer to your previous question, so that I can receive appropriate compensation, before we start discussing your new question.

Thanks in advance for your continued confidence.
Customer: replied 11 months ago.
Relist: Other.
Lawyer tried to hold me hostage. He wanted a more positive response to his previous answer before he would respond to my current question
Customer: replied 11 months ago.
Relist: Incomplete answer.
Expert:  socrateaser replied 11 months ago.
Dear customer:

I take extreme exception to your comment that I have tried to hold you "hostage." The statement is nothing short of actionable defamation of character, in my opinion.

You asked a specific question in your previous post. I answered the question providing you with exactly what you requested?

I don't think that it is in any way untoward to ask you to honor your committment to pay for the previos answer, before we engage in a new discussion.

That said, I shall opt out and let someone else assist you further. However, if you change your mind, I am always available to help those who are in need of assistance.

Best wishes with your legal questions.
Customer: replied 11 months ago.

I had no idea you would not get paid for previous answer. I rated you a "c" as what I asked was uncomplicated. I would like you to be paid.

Expert:  socrateaser replied 11 months ago.
Do you want me to continue to assist you, or would you prefer dealing with someone else?
Customer: replied 11 months ago.

yes. what can I do to help you get paid?

Expert:  socrateaser replied 11 months ago.
Please go back and provide a positive rating for my answer to your previous question.

I need to eat dinner. Once you're done with the rating, please tell me what records that you wish to subpoena, so that I have an idea of what's happening here.

Thanks for your continued confidence.
Customer: replied 11 months ago.

how do I go back and change the rating?

Expert:  socrateaser replied 11 months ago.
There is nothing to change, because you have not yet rated the answer (according to my information). Open my answer to the previous question and provide a rating. If you are unable to do this, then customer service will be happy to assist: | Chat | Phone

Thanks again.
Customer: replied 11 months ago.

ok

Customer: replied 11 months ago.

I gave you an excellent

Customer: replied 11 months ago.

Subpoena List


A) Inmate Ramabajan’s (CDCR # XXXXX) paper UHR


B) Photo of inmate Ramabajan’s(CDCR# XXXXX)paper UHR along with the computer sitting on the typewriter table given to me to use as a desk. This is at CTF Central Dental Clinic.


C) Photo’s and measurements of converted storage room used by dentists at the Central Dental Clinic at CTF. Show ventilation and widows if possible.


D) Accountability logs of Central Dental at CTF from Oct 13, 2011 until Dec 31, 2011.


E) Records of training or instruction in the use of Paper UHR.


F) Records of training or instruction in the ordering of lab tests


G) All labs requests from all CTF Dentists from October 13, 2011 through 11-30-2013. Include dates of draw and corresponding dates of reports.


 


 


Submittals


 



  1. Written notes of Dr. Repaski…Oct. 12, 2011 staff meeting

  2. Testimonials from fellow workers as to my character and work ethic

Expert:  socrateaser replied 11 months ago.

Okay, your notes are actually pretty good, just the way they are stated. There is a much more complicated production format that I can provide. However, for the limited amount of info you are requesting, the following may be sufficient for your needs:


PROPOUNDING PARTY: [Appellant(s)/Respondent(s)] [name(s]

 

RESPONDING PARTY: [Appellant(s)/Respondent(s)] [name(s]

 

SET NUMBER: [number, e.g., One]

 

[Demanding party] [name] demands that [responding party [name] produce the documents [and things] described below on [date] at [time] at [location], and permit the attorneys for [demanding party] to inspect, copy [and for electronically-stored data, test and/or sample] them.

 

[Add any definitions that will streamline the demand for inspection, e.g., The term “DOCUMENT” means a “writing” as defined by Cal. Evidence Code Section 250.

 

The term AGREEMENT refers to the agreement entered into between plaintiff and defendant as alleged in the complaint.]

 

[Add any instructions for responding to Demand, e.g., If any documents are withheld from production on the ground of privilege, you must provide the following information as to each document in your response to this Demand:

 

Date of document;

 

Type of document;

 

Name of the document's author(s);

 

Name of the recipient(s), including the names of those receiving copies; and

 

Nature and basis of the privilege claimed.]

 

DOCUMENTS [AND ITEMS OR THINGS] TO BE PRODUCED:

 

1. [Identify category of documents, document, item or thing, e.g., All DOCUMENTS that comprise, reflect or refer to the AGREEMENT.]

 

2. [Identify next category, document, item or thing, e.g., All financial records, including ledgers, accounts, e-files and spreadsheets, reflecting or describing the sums billed and received under the AGREEMENT.]

 

3. [Continue listing additional items for production.]

 

[If requesting electronically-stored data, describe desiredmethod of production, e.g., Electronically-stored information shall beproduced in the following format[s]: [specify desired format(s), e.g.,the form or forms in which it is ordinarily maintained, [and/or]native format with metadata, [and/or]searchable.pdf format[etc].]]

 

Date: __________
By ______________________
[Your name]
[Appellant/Respondent]

 

 

Please let me know if my answer is helpful. And, thanks for using justanswer.com!

socrateaser, Lawyer
Satisfied Customers: 34344
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

Can I use Certified mail to serve supoena or fax?...Or must I hand deliver to Sacramento(5 hrs away)

Expert:  socrateaser replied 11 months ago.
Administrative subpoenas are controlled by Govt. Code 11450.20. Subd. (b) provides, "The process extends to all parts of the state and shall be served in accordance with Sections 1987 and 1988 of the Code of Civil Procedure. A subpoena or subpoena duces tecum may also be delivered by certified mail return receipt requested or by messenger. Service by messenger shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, or in person, and identifies himself or herself either by reference to date of birth and driver's license number or Department of Motor Vehicles identification number, or the sender may verify receipt of the subpoena by obtaining other identifying information from the recipient. The sender shall make a written notation of the acknowledgment. A subpoena issued and acknowledged pursuant to this section has the same force and effect as a subpoena personally served." [emphasis added]

Hope this helps.
Customer: replied 11 months ago.

thanks! XXXXX reimburse you?

Expert:  socrateaser replied 11 months ago.

That's up to you. You've paid a pretty good sum already. I won't hold it against you, if you decide not to pay anything more for this particular question.

socrateaser, Lawyer
Satisfied Customers: 34344
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

I gave you another excellent. You save my wife a drive to Sacramento and back.Smile


 


I get how payment works finally.

Expert:  socrateaser replied 11 months ago.
Happy to be of service. Best wishes.
Customer: replied 10 months ago.
I have another question. If I am defending myself, do I have to testify at a California State Personnel hearing? I was hoping to just ask questions of the witnesses and not have to testify. Is the 5th applicable to a SPB hearing?

If a witness is not qualified to be an expert witness at a criminal or civil trial can he call himself an expert for a SPB hearing. there is an administrator who is being called as an expert. He is a dentist, not boarded in any field. I know he has testified on behalf of CDCR before.
Expert:  socrateaser replied 10 months ago.
No one can be required to testify against themselves, if they believe that there is a risk of criminal prosecution. However, unlike in a criminal prosecution, in an administrative or civil action, the judge can resolve a party's refusal to testify against that party.

So, the answer is "no," you don't have to testify. But, you may be forced to choose between keeping yourself safe from criminal prosection, and prevailing at the administrative hearing.

Hope this helps.

Customer: replied 10 months ago.
I have another question. If I am defending myself, do I have to testify at a California State Personnel hearing? I was hoping to just ask questions of the witnesses and not have to testify. Is the 5th applicable to a SPB hearing?

If a witness is not qualified to be an expert witness at a criminal or civil trial can he call himself an expert for a SPB hearing. there is an administrator who is being called as an expert. He is a dentist, not boarded in any field. I know he has testified on behalf of CDCR before.

and as to the definition of an expert witness?
Expert:  socrateaser replied 10 months ago.
Sorry, I missed the second question. You asked:

If a witness is not qualified to be an expert witness at a criminal or civil trial can he call himself an expert for a SPB hearing. there is an administrator who is being called as an expert. He is a dentist, not boarded in any field. I know he has testified on behalf of CDCR before.

A: An expert witness is a person who the judge allows to testify as an expert on a particular issue. In administrative hearing, the rules of evidence are substantially lowered from the Cal. Evidence Code, which would require that the witness demonstrate special knowledge, skill or experience in the matters in which he/she is to testify as an expert.

In an administrative hearing, you can object to the witness' expertise, and you can even request permission to "voir dire" the witness. But, the judge can deny your request, whereas in court, the judge cannot.

The upside of this is that if the witness is not qualified as an expert, and you end up having to appeal the SPB decision to the Superior Court, you can argue that the ALJ allowed testimony from someone who is not an expert in the matters testified to, and so the court should disallow all of that testimony in determining whether or not a new hearing should be held.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 34344
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you

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