The plaintiff through an oral motion released a defendant.
The plaintiff through an oral motion released a defendant. The judge accepted snd a minute later the judge found out one of the other defendant's filed bk. The judge stays the proceedings. A minute order is issued for the dismissal of the defendant that wss dismissed. That was more than a year and a half years ago. The order was never vacated. No ntice was mailed and no proof of service was filed .now my attorney is say that order is null and void. I relied on that order an thought i was released and never filed an answer. Now the judge wants to file a default on me.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: We are having a default hearing and the judge asked the plaintiff to prepare a default packageJA: Anything else you want the lawyer to know before I connect you?Customer: Yes, it is a case that the plaintiff already lost in another case. He just refiled. He forges proofs of service and sometimes he doesn't mail them to me.
I am curious about federal/state (Texas) laws regarding
I am curious about federal/state (Texas) laws regarding hospital standards of care, specifically delay in care and possibly discrimination delaying access to care related to lack of insurance. My fiance was recently admitted to hospital for 5 days. She had severe abdominal pain and nausea (hydronephrosis/pyelonephritis and a blood stream infection), unable to tolerate anything by mouth. The physician decided to discharge her home without every having her take po meds while an inpatient to see if she could tolerate them. She came home and due to her nausea was unable to eat, drink, or take meds, and I had to take her back to the ER 2 days after discharge. They assessed her (labs/US). They said her lab work was normal, and hydronephrosis had resolved. They offered her morphine for the pain. She had initially been given morphine during the previous ER visit and it didnt work for her, so they switched to dilaudid and that controled her pain very well. I suggested this and they refused. They gave her a total of 8mg of IV morphine, along with IV reglan for nausea, had her take a couple sips of fluid and said she was fine to go home.The hospitalist from the previous stay ordered Tylenol 3 for her, which I thought might be causing some of the nausea. I asked if they could try something else for her and they refused. They suggested she try just tylenol.I dont understand why they thought tylenol would allow us to control her pain at home when it took them 8mg of morphine to control her pain in the ER. I should also point out her systolic BP in triage was 190's and when they made us leave the ER it was in the high 160's. Her normal is 110's.The difference in this visit to the ER from the first was that she had insurance on her first visit. It ended during her stay, and we had registered for COBRA until her new job started but at the time it appeared that she had no insurance. The discharge paperwork from the ER referred her to follow up with "Quest Care Clinic" rather than her normal pcp (we provided them with his information). When I asked the discharging RN why, she said well they handle people who dont have insurance.We left that afternoon and had to return by 8am the next morning because of her pain and nausea. They decided to admit her so that she could get fluids and antibiotics intravenously.She is type 1 diabetic. In both ER visits after her discharge from the hospital, no one checked her blood sugar other than on the initial labs.They moved her to a room at around 10:45 to 11 am. I kept asking the nurse if she had orders from the admitting physician and she said the physician wasnt responding to her text messages (they use a secure mobile app for texting). The physician only replied "OK" to her initial text saying that she had arrived.She layed in that bed for 3.5 hours until I asked the charge nurse to page the house supervisor to the unit. I said I was going to file a grievance, that this was a delay of care. She had not eaten anything for 3 days, no fluids for 3 days (other than the liter in the ER), and during her 3.5 hour wait as an inpatient, still no nurse had checked her blood sugar, she had not been put on Dextrose IV, she was not assessed by her physician. She was dumped, and forgotten about. The physician came soon after that, before the house supervisor could make it to the unit, actually.Within 15 minutes of the physicians assessment, she was diagnosed with diabetic ketoacidosis, and had transfer orders to a higher level of care for an intesive insulin drip and dextrose fluid replacement. DKA is a lifethreatening disorder and I feel like it may have been avoided had they not tried to rush us out on our initial return to the ER.Im curious how to handle this, and if there is even anything to handle or if Im just an upset family member who has high expectations. I am a nurse, and I cannot remember the last time it took a physician 3 hours to write orders. (I will say that the physician did order continuation of home medications, but again, thats not really anything other than her insulin and even with those orders, the nursing staff never checked a blood sugar until I complained)thoughts?
I obtained a restraining order in the state of Massachusetts
I obtained a restraining order in the state of Massachusetts against an individual. The defendant filed a Motion "Defendant's Motion to Stay Order Entered on Sep 9" to the Superior Court, four days after issue of the order, that is, on Sep 13. Two days later, on Sep 15, before the Superior Court even considered the Motion or received an Opposition to the Motion from me the plaintiff, the defendant raised a Motion to the Appellate Court "To Stay Order Pending Appeal", infringing on the procedural rule: Appellate Procedure Rule 6, Civil Cases (a), (1) Stay Must Ordinarily be Sought in the First Instance in Lower Court; Motion for Stay in Appellate Court. "A motion for such relief may be made to the appellate court or to a single justice, but the motion shall show that application to the lower court for the relief sought is not practicable, or that the lower court has denied an application, or has failed to afford the relief which the applicant requested, with the reasons given by the lower court for its action."My question is: what is the procedure that I have to follow with the Massachusetts Appellate Court to request the court to deny the motion on grounds of infringing the procedural Rule 6(a)(1)? By a letter to the judge? As part of the arguments in the "Opposition" to the Motion e.g. Opposition to Defendant's Motion document? Using a special document or procedure that is designed for exactly this particular purpose?
I have been ordered by the Court to pay a substantial amount
Hello,I have been ordered by the Court to pay a substantial amount for attorney's fees of my ex-spouse, since she cannot pay. I am myself going through financial distress as a result of the divorce and unable to pay for the other attorneys fees. As a matter of fact I am going to have to represent myself in Court from now on since I have paid my attorney in full and cannot afford their fees at this timeThere are several reviews about the other attorney firm in Yelp and Avvo that indicate that there are several clients that they have overbilled for simple items such as postage and paper clips and my ex was victim as well of such over-billing and gouging clients for fees.I would like to do the following :1. since I am being ordered to pay for a substantial amount of the other attorney's fees, I would like to ask the Court for a full audit of every charge made by the other attorney by an independent auditor provided by the Court, who's fees would be paid by the other attorney's firm.2. File a complaint with the Bar Association in California against the other attorney's firm to start an investigation on these fees that were charged to my ex. I understand such complaints can be filed by the client but I don't see any recourse in the Bar's website that another person can also file such a complaint. Can I still file such a complaint?3. Ask the Court to waive the order for me to pay for these fees or at least place a stay order on that order until #1 and #2 is resolved.Am I within my rights to do the above?
I am in GA.State sent a notice of tax execution letter to me
I am in GA.State sent a notice of tax execution letter to me today valid for issue date April 11th 2016.My credit is perfect and I do not want anything on it. They sent a last notice in September. It says on the letter what will happen if you do nothing. Says The Department will record the state tax execution. So does that mean if I pay this today then they have just initiated and not recorded it yet??
THie is a US District COurt Question. If you have no
THie is a US District COurt Question. If you have no experience please do not answer. Counsel filed a Motiion to WIthdraw, the court ruled on the Motion within 24 hours and set the Motion to terminated status. We called the court spoke to a clerk and shesaid to file a motion for reconsideration and we were subsequently advised that it was manifest error for the court to rule without our input and we basically stated that in the Motion to reconsider setting up the stage for reconsideration. But in readingthe local rule 7.1b to be specific (b0Time for Response. Except as otherwise required by law or order of the court, every objection, except objections to summary judgment motions, shall be filed within fourteen (14) days from the date the motion is served.Objections to summary judgment motions shall be filed within thirty (30) days from the date the motion is served. The court shall deem waived any objection not filed in accordance with this rule. 'The court shall deem waivedany objection not filed in accordancewith this rule. ' If we do not file an objection somehow will we have waived our right to object??? Did we screw ourselves by not filing an objection after the court ruled or is that the normal progress. Should we have brough up our objections iwthin the motionto reconsider. We are still within the time frame to Object did we shoot ourselves in the foot by not raising our objections within the Motion to Reconsider?
We have been servered with a judgement. The judgement states
We have been servered with a judgement. The judgement states we need to be out tomorrow. We spoke to the landlord and she stated that if we pay 600 we stay until another date. My question is that if she is now taking money from us ( which we deposit directlyin her account) so all I have is the deposit receipt. Does that void the judgement? What can I do to show the sheriff's office or court that she has taken money from us? We are not behind on rent at all. The money would be for the current month!
I recieved a order of suspension from State of Florida dept
I recieved a order of suspension from State of Florida dept of safety and motor vehicle for 1/20/14. The cause is failure to comply with child support. I had prevoiusly gone to seminole county 6 months ago for the same thing and i informed them that my daughter has been living with me since 2011 and the order was put in 2010 in New York. I never was notified that she did this. They said i need to get the case transfered to fl .the dept of revenue informed today that it is florida now. They told me to file a motion to suspend child support and change of custody and then i needed to file petition to contest dl suspension and take that petition to child support offices in Sanford .on the bottom of the order of suspension it says i can ask for a petition for writ of certiorari within 30 days and that i may request a hearing at any administrative reviews office. My question is there any way i can stop them from suspending my license .I have school records to show that she was living in tampa with me. Please help!