Hi there,

U helped B4, about a year ago. Remember me?

What do U mean by "priviledge"

The sanction is $400 for attorney's fee in filing the motion.

I refused to respond to discovery bcs the opponent himself resisted discovery.

I demanded that he had to show good faith first.

CCP 2019.02 (b):

Notwithstanding subdivision (a), on motion and for good cause shown, the court may establish the sequence and timing of discovery for the convenience of parties and witnesses and in the interests of justice. (Emphasis added)

But this is a corrupt judge who only repeats the bad (but rich) guy throughout the time (2 yrs) in everything.

Thnks/

What do U mean by B4 the last sentence "The sanction order is appealable on appeal from the final judgment" ?

Final judgment=?

1) But the order asks me "to pay w/in 30 days from Defendant's filing and service of the Notice of Entry of Order" Based on on U said (that the amount was not big enough for appeal), does that mean I hv to shut up /pay the bad guy?

2) What may happen if I ignore it /dont pay?

My last Q. I hv changed my user name. How did U recognize me?

Does that means my change of name makes no difference bcs people can trace it from my previous one?

Does that means my change of name makes no difference bcs people can trace it from my previous one?

I'm going to bed now. Wl accept yr A. tmrw.

Many thnks/Good nite

I see. Many thanks/

Hello again,

In a healthcare fraud case, what would be

1. Actual Damage
2. Special Damage
3. Consequential Damage

Would they be any different from medical Negligence or the concept apply equally?

Thanks/

I'm waiting for expert

OK my friend, let's hv a concrete situation:

The surgeon lied and pretended to me that an unneeded/harmful surgery is needed and almost harmless. After doing it he fabricated all the reasons for surgery and fabricated the informed consent on the medical record. The purpose was simply to get the money from the medical insurance.

The harms are chronic pain for years w/ the high chance of permanency, lowering of quality of life, some loss of income due to the severe pain for a few monhts, some costs of pain treatment but treatment ended because no cure, may require future surgery with much pain /high risks.

1) If this is treated as a Fraud, then how do U categorize the above damages into XXXXX?

2) If this is treated as Negligence, then how? Or no difference?

3) Assuming these facts, can this case be tried as Negligence at all (or it will definitely be a mistrial)?

I go to bed now, so I wl lk fr yr A. tmrrw.

Many thnks/

W'll hv a longer session/ hence a bonus for U at the end.

1) So can I say that

Pain/ Suffering = Actual damage.

Financial loss (income, doctor's fee, attorneys' fee, etc)= Special Damage

Future possible costs+possible worsening medical condition= Consequential

but how can we quantify something not yet happens? Or may be such possible (not actual) harm/costs cannot be claimed?

2) After Discovery is completed. How many more steps does Plaintiff hv to go thru B4 the trial?

3) What's the maximum time Defendant can postpone the trial (Pls cite)

4) Can we present the entire transcript of deposition to the jury or can the defense block the undesirable portions? (Pls cite)

5) Can U exercize the peremptory challenge to remove a judge without cause?

I understand that Yes U can do it once (the silver bullet CCP170.6) not less than 10 days B4 the trial begins; but another attorney said No that silver bullet can be used only shortly after U file the Complaint. After that U must file Declarations for Disqualification per CCP 170.1 which exists only in theory bcs people rarely succeed.

Thanks/

From yr answer,

1) If the future medical potential medical cost and further possible body harm is Special damage, then can U /how do U quantify in $ bcs they hv not happened?

2) If a case can thrown out after 5 yrs, then U mean yr opponent can play tricks to keep postponing it to exhaust the 5-yr limit in order to throw U out? (Pls cite)

3) From yr link:

http://www2.courtinfo.ca.gov/protem/pubs/bg02.pdf

• c. [§2.44] Assignment to Judge for All Purposes

means exactly what the other attorney told me: that U hv only 15 days from the date of assignment.

(15-day limit is a self-defeating mechanism bcs obviously who would know the need for disqualification so early?! As I become more involved, I hv bn shocked to find out a jungle of similar self-defeating mechanisms in this system)

Thanks/

Hi there,

I didn't hv time in the last couple days. Now back to this subject:

1) Yr A. #1 above:

-So U mean the expert can but I cannot (?) suggest the future potential costs?

-It is in category of Special damage?

-I forgot to mention that the past medical expenses have been covered by my medical insurance, but can I claim them among the Special damage for restitution that as well?

2) Yr A.#2: Back to my original Q: Does that mean the defense can play tricks to drag it beyond 5 yrs in order to dismiss the case on that ground?

3) Back to my original Q.: The other attorney is correct: PEREMPTORY challenge is over due to the 15-day limitation: As U cited above: c. [§2.44] Assignment to Judge for All Purposes (?)

4) In yr first Q, U indicate that the fee for appealing the sanction may exceed the sanction itself, but exactly how much is that fee?

MANY THNKS/

-If I refuse to pay the unlawful sanction, who would press the contempt charge: the court or the bad guy?

-If the bad guy shuts up, then will the sanction go to the trash can?

(He did last time when I refused to pay the remittur order on the same ground that the court granted his nonsense motion)

-If somebody pushes the contempt charge, then who will decide?

-Yr last sentence above is interesting: "You can recover for medical expenses that were paid by an insurer" : PLEASE CITE

Many thanks/

1) From yr first sentence: U mean the contempt charge wl b decided by the same court that granted the nonsense motion in the first place (This doesn't mk sense to me)?

2) Many thanks for the wonderful link on Colateral Source rule.

My confusion is enhanced by the conflict of two rules that U cited.

FACT: THE MEDICAL INSURANCE ALREADY PAID 100% OF THE HOSPITAL BILL.

THE PREVIOUS RULE Although the hospital bill was 100% paid by my medical insurance, I am still entittled to the damage restitution equal the amount that amount bcs the court wanted to deny the offender the benefit of the victim's insurance.

THE NEW RULE: No I cannot claim it bcs it did not represent my financial loss.

So now the new rule may likely prevail?

After this segment, we can close this session w/ bonus of course.

Many thanks/

WONDERFUL. WE CAN END THIS SESSION HERE. GREAT MANY THANKS.

Hello again,

Pls cite,

• 1) Is my written record of defendant's statement during informal investigation admissible evidence in a jury trial?

2) What can I do if defendant (of course) denies them?

• 3) Are all statements made in a deposition admissible to the jury? Or defendant can invoke some grounds to block some of them?
• 4) In jury trial, do I have to present the entire transcript of deposition or I can select only the relevant parts?
• 5) In a depo, I present medical literature to demand answer from defendant as the treating doctor and as witness on his own behalf. Can he say "I refuse to give expert's testimony?" But I do not ask for an "expert" testimony, therefore his argument is not applicable, is it?

Many thanks/

Many thanks/