Party 1 has filed a petition for a formal administrative hearing with the Agency for Health Care Administration regarding administrative complaint number 00000548872. Party 1 claims they were fraudulently listed as the last director of ALJ3, Inc. without their consent or knowledge. Party 1 operated the ALJ3 facility from October 2013 to September 2014 without being aware that it was not properly licensed. Party 1 seeks to be dismissed from responsibility and have fines overturned due to extenuating circumstances including a lack of knowledge about the facility's licensing status.
Party 1 has filed a petition for a formal administrative hearing with the Agency for Health Care Administration regarding administrative complaint number 00000548872. Party 1 claims they were fraudulently listed as the last director of ALJ3, Inc. without their consent or knowledge. Party 1 operated the ALJ3 facility from October 2013 to September 2014 without knowing it was not properly licensed. Party 1 seeks to be dismissed from responsibility and have fines overturned due to extenuating circumstances including being misled by the actual owner, Party 2, and difficulty finding placements for residents. The petition requests the agency grant a formal hearing and issue a final order dismissing Party 1.
Sample California request for statement of damages LegalDocsPro
This request for statement of damages for California is pursuant to Section 425.11 of the Code of Civil Procedure, and is to be used by a defendant in a personal injury or wrongful death case in California. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Note that the author is NOT an attorney and no guarantee or warranty is provided.
Good legal verbiage defendants objection on the grounds of relevancy-californiascreaminc
- Plaintiff filed a motion to compel Defendants to respond to interrogatories and document requests. Defendants did not respond to the motion in a timely manner but requested to file a late response.
- The court found that Defendants provided an adequate explanation for the late response and allowed it to be filed. In their response, Defendants objected that the discovery requests were irrelevant and that there were too many interrogatories.
- The court overruled Defendants' objections, finding that the discovery sought was relevant to proving Plaintiff's claims. The court granted Plaintiff's motion to compel and ordered Defendants to comply with the discovery requests. However, the court denied Plaintiff's request for expenses related to bringing the motion.
Alice Wesley filed a complaint against Meticulous Maids, Inc. and Martha Gardner for injuries sustained in a car accident. Wesley alleges that on May 1, 2014, while driving north on Route 51, she was struck by a vehicle driven by Gardner, who was acting within the scope of her employment for Meticulous Maids. Wesley suffered a broken collar bone, lacerations, and $100,000 in medical expenses. She is suing for negligence and seeks damages in excess of $25,000 to compensate for her injuries, lost wages, property damage, and pain and suffering.
Memo In Support Of Motion To Amend And Add DefendantsJRachelle
This document is a brief in support of a motion for leave to amend and supplement a complaint and join additional defendants. It summarizes that the plaintiff has discovered new information through discovery that warrants adding new claims, defendants, and factual details to the original complaint. Specifically, it seeks to add Gaither Thompson, Melanie Thompson, and Gina Shelley as defendants as accomplices in removing property from the estate, and to add Susan Brown and her law firm for unlawfully distributing estate property to third parties. The brief argues the amendment is timely and will not prejudice the defendants.
Defendant Johnson filed a Motion to Compel Plaintiff to provide documents requested in Defendant's First Request for Production of Documents. Plaintiff failed to provide any documents or written responses by the due date of February 18th, 2016. Defendant Johnson's attorney has conferred with Plaintiff's attorney but Plaintiff has not produced the requested documents. Defendant Johnson is seeking an order from the court compelling Plaintiff to allow inspection of the requested documents and is also seeking reimbursement of attorney's fees for bringing this motion.
Sample verified complaint for financial elder abuse in CaliforniaLegalDocsPro
This sample verified complaint for financial elder abuse in California contains a cause of action for financial elder abuse under Welfare and Institutions Code section 15610.30 as well as causes of action for fraud, quiet title, cancellation of written instrument and constructive trust. The sample complaint on which this preview is based requests attorney's fees and costs as well as punitive and exemplary damages under Welfare and Institutions Code section 15657.5, is 13 pages and includes brief instructions and a sample verification.The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Motion for extension of time to file expert witness disclosuresCocoselul Inaripat
The defendant filed a motion for an extension of time to file expert witness disclosures. The defendant is charged with multiple counts related to violating the Iran embargo and arms export control acts, which require expert testimony. The government disclosed some expert witnesses on December 17th but the disclosure was incomplete. The defense needs additional time to hire experts and file disclosures once the government provides a full disclosure. The motion requests extending the deadline to disclose experts by 30 days after the government's full disclosure, as well as extending the deadline to file motions to dismiss until after reviewing the expert disclosures.
Party 1 has filed a petition for a formal administrative hearing with the Agency for Health Care Administration regarding administrative complaint number 00000548872. Party 1 claims they were fraudulently listed as the last director of ALJ3, Inc. without their consent or knowledge. Party 1 operated the ALJ3 facility from October 2013 to September 2014 without knowing it was not properly licensed. Party 1 seeks to be dismissed from responsibility and have fines overturned due to extenuating circumstances including being misled by the actual owner, Party 2, and difficulty finding placements for residents. The petition requests the agency grant a formal hearing and issue a final order dismissing Party 1.
Sample California request for statement of damages LegalDocsPro
This request for statement of damages for California is pursuant to Section 425.11 of the Code of Civil Procedure, and is to be used by a defendant in a personal injury or wrongful death case in California. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Note that the author is NOT an attorney and no guarantee or warranty is provided.
Good legal verbiage defendants objection on the grounds of relevancy-californiascreaminc
- Plaintiff filed a motion to compel Defendants to respond to interrogatories and document requests. Defendants did not respond to the motion in a timely manner but requested to file a late response.
- The court found that Defendants provided an adequate explanation for the late response and allowed it to be filed. In their response, Defendants objected that the discovery requests were irrelevant and that there were too many interrogatories.
- The court overruled Defendants' objections, finding that the discovery sought was relevant to proving Plaintiff's claims. The court granted Plaintiff's motion to compel and ordered Defendants to comply with the discovery requests. However, the court denied Plaintiff's request for expenses related to bringing the motion.
Alice Wesley filed a complaint against Meticulous Maids, Inc. and Martha Gardner for injuries sustained in a car accident. Wesley alleges that on May 1, 2014, while driving north on Route 51, she was struck by a vehicle driven by Gardner, who was acting within the scope of her employment for Meticulous Maids. Wesley suffered a broken collar bone, lacerations, and $100,000 in medical expenses. She is suing for negligence and seeks damages in excess of $25,000 to compensate for her injuries, lost wages, property damage, and pain and suffering.
Memo In Support Of Motion To Amend And Add DefendantsJRachelle
This document is a brief in support of a motion for leave to amend and supplement a complaint and join additional defendants. It summarizes that the plaintiff has discovered new information through discovery that warrants adding new claims, defendants, and factual details to the original complaint. Specifically, it seeks to add Gaither Thompson, Melanie Thompson, and Gina Shelley as defendants as accomplices in removing property from the estate, and to add Susan Brown and her law firm for unlawfully distributing estate property to third parties. The brief argues the amendment is timely and will not prejudice the defendants.
Defendant Johnson filed a Motion to Compel Plaintiff to provide documents requested in Defendant's First Request for Production of Documents. Plaintiff failed to provide any documents or written responses by the due date of February 18th, 2016. Defendant Johnson's attorney has conferred with Plaintiff's attorney but Plaintiff has not produced the requested documents. Defendant Johnson is seeking an order from the court compelling Plaintiff to allow inspection of the requested documents and is also seeking reimbursement of attorney's fees for bringing this motion.
Sample verified complaint for financial elder abuse in CaliforniaLegalDocsPro
This sample verified complaint for financial elder abuse in California contains a cause of action for financial elder abuse under Welfare and Institutions Code section 15610.30 as well as causes of action for fraud, quiet title, cancellation of written instrument and constructive trust. The sample complaint on which this preview is based requests attorney's fees and costs as well as punitive and exemplary damages under Welfare and Institutions Code section 15657.5, is 13 pages and includes brief instructions and a sample verification.The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Motion for extension of time to file expert witness disclosuresCocoselul Inaripat
The defendant filed a motion for an extension of time to file expert witness disclosures. The defendant is charged with multiple counts related to violating the Iran embargo and arms export control acts, which require expert testimony. The government disclosed some expert witnesses on December 17th but the disclosure was incomplete. The defense needs additional time to hire experts and file disclosures once the government provides a full disclosure. The motion requests extending the deadline to disclose experts by 30 days after the government's full disclosure, as well as extending the deadline to file motions to dismiss until after reviewing the expert disclosures.
This a sample offer to compromise or also known as a 998 offer for California is pursuant to Section 998 of the Code of Civil Procedure. This sample is used when a defendant wants to make an offer to compromise to the plaintiff. It can be adapted for use by a plaintiff who wishes to make an offer to compromise to a defendant.
The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This document contains 26 interrogatories from the plaintiff Adam Sharp to the defendant AAA Trucking Inc. regarding a lawsuit over an incident. The interrogatories request information such as names and contact details of witnesses, investigations conducted, admissions or statements made, insurance policies in place, the defendant's knowledge of how the incident occurred, and details of the plaintiff Paul Williams' medical history and claimed injuries and damages. The defendant is instructed to provide sworn answers to the interrogatories pursuant to the rules of civil procedure.
Sample demand for physical examination in californiaLegalDocsPro
This sample demand for physical examination in California is used by a defendant that has been sued by a plaintiff in a personal injury case. The demand is served under the provisions of Code of Civil Procedure section 2032.220. The sample contains brief instructions and can be easily modified. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.
3. Defendant's Second Motion to Dismiss with its attached Exhibits exceeds over 200 pages and seeks dismissal of the Amended Complaint with prejudice. Plaintiff's (Raanan Katz) counsel is preparing a substantive response but will need additional time given the nature of the motion coupled with being out of the office when the motion was served.
Sample motion to compel further answers to requests for admission in CaliforniaLegalDocsPro
This sample motion to compel further responses to requests for admission in California is filed under the provisions of Code of Civil Procedure section 2033.290 on the grounds that the responses to the requests for admission are not code compliant in that they consist of evasive answers and boilerplate objections. The sample on which this preview is based is 21 pages and includes the separate statement required by California Rule of Court 3.1345, it also includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an enterpreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Sample California Lis pendens or notice of pending actionLegalDocsPro
This sample lis pendens or notice of pending action for California is made pursuant to sections 405 through 405.61 of the Code of Civil Procedure. This document is used when a party has filed a lawsuit that includes a real property claim and the party wishes to file this document to place a "cloud" on the title to the real property. This document is intended to be used ONLY by attorneys.The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Verified Motion to Vacate or Set Aside Charge of Driving While License SuspendedJosh Stewart
If given a traffic citation for driving while license suspended, you can be charged with a misdemeanor in Florida. This Motion to Vacate the Charge resulted in the citation and case being dismissed.
The document discusses the legal principle of premise liability as it relates to a case involving a woman, Mrs. Ipana, who slipped and fell at a supermarket, Shigley's. It summarizes the facts of the case, including that Mrs. Ipana fell in Aisle 3 due to an uncleaned spill and was seriously injured. It analyzes relevant rules on premise liability, including that businesses must warn of hazards they should expect customers to encounter while distracted. The memorandum concludes that whether Shigley's is liable depends on if they should have foreseen customers approaching the spill while distracted, and recommends accepting the case against Shigley's, finding them liable for Mrs. Ipana's injuries.
BIA Remands of Immigration Judge William Cassidy 01/01/2014-05/26/2016Bryan Johnson
EOIR FOIA ID # 2016-23184. Also, see acknowledgment letter at following link: http://www.slideshare.net/abogadobryan/eoir-acknowledgment-letter-for-201623284
Sample California motion to vacate default judgment under ccp section 473LegalDocsPro
This sample motion to vacate a default judgment in California on the grounds of mistake, inadvertence, surprise or excusable neglect is made pursuant to Section 473 of the Code of Civil Procedure. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Answer, Counterclaims & Third Party Claims - Non-Compete & Tortious InterferencePollard PLLC
This is one of our cases in Volusia County, Florida. Our clients - all of the defendants in the case - were sued for breach of a non-compete agreement, breach of fiduciary duty and tortious interference.
We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
This document is a mediation brief for the case of Kendricks v. Martinson. It summarizes that Mr. Martinson owns a catering business called Marvin's Morsels that received a poor health inspection rating after the death of his wife and change in management. He was then hired by Ms. Kendricks for a kosher bar mitzvah but provided non-kosher pork rinds by mistake, causing the client to refuse payment to Ms. Kendricks. Ms. Kendricks is now suing Mr. Martinson for breach of contract and fraud. The brief argues Mr. Martinson made an honest mistake and is not at fault for the payment dispute between Ms. Kendricks and her client. It
Plaintiff fell on Defendant's property and is suing for injuries. However, Defendant contests liability for several reasons:
1) Testimonies from Plaintiff and her witness are inconsistent about the details of the fall.
2) Medical records show Plaintiff had pre-existing osteoarthritis in her knee, and the fall only exacerbated her usual pain from this condition.
3) The surgery was ultimately required due to the natural progression of her joint deterioration, not because of the fall.
4) Plaintiff did not properly care for her health issues, which may have contributed to her need for surgery.
Defendant argues there is no evidence it breached a duty to Plaintiff and the fall did not proximately
Defendants’ response brief in opposition to plaintiff’s motion for summary ju...Cocoselul Inaripat
1) The defendants filed a response in opposition to the plaintiff's motion for summary judgment in a lawsuit brought by a former federal inmate against a residential reentry center and its employees.
2) The plaintiff violated conditions of his release from federal prison by driving a car and possessing a cell phone. As a result, he was returned to federal prison to serve the remainder of his sentence.
3) The defendants argue that the plaintiff cannot maintain any causes of action against them because the federal Bureau of Prisons, not the defendants, made the decision to return the plaintiff to prison for his violations of rules. Therefore, the defendants assert they are entitled to summary judgment.
Sample complaint for rescission of contract in CaliforniaLegalDocsPro
This sample complaint for rescission of contract in California also contains causes of action for fraud, reformation of contract, usury violations, unfair business practices, cancellation of written instruments, declaratory relief, injunctive relief and an account. The sample complaint was used to sue an individual private lender that defrauded an individual and used undue influence to convince them to sign an amended promissory note with an usurious annual interest rate of 18%, and then started non-judicial foreclosure proceedings by claiming an inflated amount due on the notice of default. The sample complaint on which this preview is based is 16 pages and includes brief instructions and a sample verification. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Writing sample (motion for summary judgment- abbreviated) for Martinez, Aaron...Aaron A. Martinez
This motion for summary judgment argues that the plaintiff, Treassa Wren, is not a consumer under the Texas Deceptive Trade Practices Act (DTPA) and therefore does not have standing to bring DTPA claims. It asserts that Wren's employer, Aldine Independent School District, purchased the school bus and driver's seat that injured Wren to further its business of transporting students, not primarily for Wren's benefit. Therefore, Wren did not acquire or have ownership of the bus and seat, and any benefit to her was incidental. As a result, the motion argues Wren is not a consumer under the DTPA as a matter of law and the DTPA claims should be dismissed.
William and Samantha Higgins are suing multiple defendants for injuries William sustained after slipping and falling on ice and snow outside Jones Pharmacy. According to the complaint, William fell and was injured on December 23, 2013 after exiting the pharmacy due to a buildup of ice and snow on the sidewalk that the defendants failed to clear. As a result of the fall, William suffered serious injuries, while Samantha claims loss of consortium. The plaintiffs are seeking damages, interest, attorney's fees, and costs from the defendants for their alleged negligence in creating a dangerous condition and failing to properly maintain the premises or warn of the hazard.
This document contains notices for the deposition of Traian Bujduveanu in a civil case. The first notice schedules the deposition for October 10, 2011 at 9:00am. The second cancels that deposition and reschedules it for November 11, 2011 at 9:00am. The third notice reschedules the deposition again for December 5, 2011 at 2:00pm. Certificates of non-appearance are included, stating that Bujduveanu failed to appear for the depositions scheduled for November 11, 2011 and December 5, 2011.
This affidavit provides information in support of a motion for summary judgment. It describes the plaintiff's criminal conviction and sentence, his transfer to Dismas Charities halfway house, and the rules he agreed to follow. It states that the plaintiff drove himself to Dismas and had an unauthorized cell phone, violating the rules. As a result, his personal items were confiscated and he was returned to prison to complete his sentence.
This document outlines the pre-trial stipulation for a case between plaintiff Traian Bujduveanu and defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas, and Adams Lashanda. It summarizes the facts of the case, including that the plaintiff was transferred to the Dismas facility to serve out his sentence before release, but was then returned to prison for violating rules. It lists the contested issues to be litigated including whether the defendants violated the plaintiff's constitutional rights and whether the plaintiff sustained damages. It also lists the parties' motions, witnesses, and trial exhibits. The trial is estimated to last 4-5 days.
This document outlines the pre-trial stipulation for a case between plaintiff Traian Bujduveanu and defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas, and Adams Lashanda. It summarizes the facts of the case, including that the plaintiff was transferred to the Dismas facility to serve out his sentence before release, but was then returned to prison for violating rules. It lists the contested issues to be litigated including whether the defendants violated the plaintiff's constitutional rights and whether he sustained damages. It also lists the motions that have been filed, witnesses and exhibits to be presented at the estimated 4-5 day trial.
This a sample offer to compromise or also known as a 998 offer for California is pursuant to Section 998 of the Code of Civil Procedure. This sample is used when a defendant wants to make an offer to compromise to the plaintiff. It can be adapted for use by a plaintiff who wishes to make an offer to compromise to a defendant.
The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This document contains 26 interrogatories from the plaintiff Adam Sharp to the defendant AAA Trucking Inc. regarding a lawsuit over an incident. The interrogatories request information such as names and contact details of witnesses, investigations conducted, admissions or statements made, insurance policies in place, the defendant's knowledge of how the incident occurred, and details of the plaintiff Paul Williams' medical history and claimed injuries and damages. The defendant is instructed to provide sworn answers to the interrogatories pursuant to the rules of civil procedure.
Sample demand for physical examination in californiaLegalDocsPro
This sample demand for physical examination in California is used by a defendant that has been sued by a plaintiff in a personal injury case. The demand is served under the provisions of Code of Civil Procedure section 2032.220. The sample contains brief instructions and can be easily modified. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.
3. Defendant's Second Motion to Dismiss with its attached Exhibits exceeds over 200 pages and seeks dismissal of the Amended Complaint with prejudice. Plaintiff's (Raanan Katz) counsel is preparing a substantive response but will need additional time given the nature of the motion coupled with being out of the office when the motion was served.
Sample motion to compel further answers to requests for admission in CaliforniaLegalDocsPro
This sample motion to compel further responses to requests for admission in California is filed under the provisions of Code of Civil Procedure section 2033.290 on the grounds that the responses to the requests for admission are not code compliant in that they consist of evasive answers and boilerplate objections. The sample on which this preview is based is 21 pages and includes the separate statement required by California Rule of Court 3.1345, it also includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail. The author is an enterpreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Sample California Lis pendens or notice of pending actionLegalDocsPro
This sample lis pendens or notice of pending action for California is made pursuant to sections 405 through 405.61 of the Code of Civil Procedure. This document is used when a party has filed a lawsuit that includes a real property claim and the party wishes to file this document to place a "cloud" on the title to the real property. This document is intended to be used ONLY by attorneys.The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Verified Motion to Vacate or Set Aside Charge of Driving While License SuspendedJosh Stewart
If given a traffic citation for driving while license suspended, you can be charged with a misdemeanor in Florida. This Motion to Vacate the Charge resulted in the citation and case being dismissed.
The document discusses the legal principle of premise liability as it relates to a case involving a woman, Mrs. Ipana, who slipped and fell at a supermarket, Shigley's. It summarizes the facts of the case, including that Mrs. Ipana fell in Aisle 3 due to an uncleaned spill and was seriously injured. It analyzes relevant rules on premise liability, including that businesses must warn of hazards they should expect customers to encounter while distracted. The memorandum concludes that whether Shigley's is liable depends on if they should have foreseen customers approaching the spill while distracted, and recommends accepting the case against Shigley's, finding them liable for Mrs. Ipana's injuries.
BIA Remands of Immigration Judge William Cassidy 01/01/2014-05/26/2016Bryan Johnson
EOIR FOIA ID # 2016-23184. Also, see acknowledgment letter at following link: http://www.slideshare.net/abogadobryan/eoir-acknowledgment-letter-for-201623284
Sample California motion to vacate default judgment under ccp section 473LegalDocsPro
This sample motion to vacate a default judgment in California on the grounds of mistake, inadvertence, surprise or excusable neglect is made pursuant to Section 473 of the Code of Civil Procedure. The sample contains a memorandum of points and authorities with citations to case law and statutory authority. This is a preview of the sample motion sold by LegalDocsPro.
Answer, Counterclaims & Third Party Claims - Non-Compete & Tortious InterferencePollard PLLC
This is one of our cases in Volusia County, Florida. Our clients - all of the defendants in the case - were sued for breach of a non-compete agreement, breach of fiduciary duty and tortious interference.
We responded with counterclaims for a declaratory judgment holding the non-compete agreement(s) unenforceable, third party claims for breach of fiduciary duty and breach of contract and a demand for indemnification.
This is a good example of our level of work. We have extensive experience litigating non-compete and tortious interference cases on both sides. We prosecute and defend these types of cases.
In every case, we have a process: First, we master the facts. Many lawyer and law firms get involved in a case and immediately focus on law. In our view, that is the wrong approach. All cases are driven by facts. Any legal strategy must be tailored to the specific facts of a specific case.
We do not take anything for granted. We do not default to the same tired boilerplate pleadings. In every new case, we fashion a specific strategy for that case.
If you have a non-compete or tortious interference case, just give us a call at 9543-32-2380. That's what we're here for.
This document is a mediation brief for the case of Kendricks v. Martinson. It summarizes that Mr. Martinson owns a catering business called Marvin's Morsels that received a poor health inspection rating after the death of his wife and change in management. He was then hired by Ms. Kendricks for a kosher bar mitzvah but provided non-kosher pork rinds by mistake, causing the client to refuse payment to Ms. Kendricks. Ms. Kendricks is now suing Mr. Martinson for breach of contract and fraud. The brief argues Mr. Martinson made an honest mistake and is not at fault for the payment dispute between Ms. Kendricks and her client. It
Plaintiff fell on Defendant's property and is suing for injuries. However, Defendant contests liability for several reasons:
1) Testimonies from Plaintiff and her witness are inconsistent about the details of the fall.
2) Medical records show Plaintiff had pre-existing osteoarthritis in her knee, and the fall only exacerbated her usual pain from this condition.
3) The surgery was ultimately required due to the natural progression of her joint deterioration, not because of the fall.
4) Plaintiff did not properly care for her health issues, which may have contributed to her need for surgery.
Defendant argues there is no evidence it breached a duty to Plaintiff and the fall did not proximately
Defendants’ response brief in opposition to plaintiff’s motion for summary ju...Cocoselul Inaripat
1) The defendants filed a response in opposition to the plaintiff's motion for summary judgment in a lawsuit brought by a former federal inmate against a residential reentry center and its employees.
2) The plaintiff violated conditions of his release from federal prison by driving a car and possessing a cell phone. As a result, he was returned to federal prison to serve the remainder of his sentence.
3) The defendants argue that the plaintiff cannot maintain any causes of action against them because the federal Bureau of Prisons, not the defendants, made the decision to return the plaintiff to prison for his violations of rules. Therefore, the defendants assert they are entitled to summary judgment.
Sample complaint for rescission of contract in CaliforniaLegalDocsPro
This sample complaint for rescission of contract in California also contains causes of action for fraud, reformation of contract, usury violations, unfair business practices, cancellation of written instruments, declaratory relief, injunctive relief and an account. The sample complaint was used to sue an individual private lender that defrauded an individual and used undue influence to convince them to sign an amended promissory note with an usurious annual interest rate of 18%, and then started non-judicial foreclosure proceedings by claiming an inflated amount due on the notice of default. The sample complaint on which this preview is based is 16 pages and includes brief instructions and a sample verification. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Writing sample (motion for summary judgment- abbreviated) for Martinez, Aaron...Aaron A. Martinez
This motion for summary judgment argues that the plaintiff, Treassa Wren, is not a consumer under the Texas Deceptive Trade Practices Act (DTPA) and therefore does not have standing to bring DTPA claims. It asserts that Wren's employer, Aldine Independent School District, purchased the school bus and driver's seat that injured Wren to further its business of transporting students, not primarily for Wren's benefit. Therefore, Wren did not acquire or have ownership of the bus and seat, and any benefit to her was incidental. As a result, the motion argues Wren is not a consumer under the DTPA as a matter of law and the DTPA claims should be dismissed.
William and Samantha Higgins are suing multiple defendants for injuries William sustained after slipping and falling on ice and snow outside Jones Pharmacy. According to the complaint, William fell and was injured on December 23, 2013 after exiting the pharmacy due to a buildup of ice and snow on the sidewalk that the defendants failed to clear. As a result of the fall, William suffered serious injuries, while Samantha claims loss of consortium. The plaintiffs are seeking damages, interest, attorney's fees, and costs from the defendants for their alleged negligence in creating a dangerous condition and failing to properly maintain the premises or warn of the hazard.
This document contains notices for the deposition of Traian Bujduveanu in a civil case. The first notice schedules the deposition for October 10, 2011 at 9:00am. The second cancels that deposition and reschedules it for November 11, 2011 at 9:00am. The third notice reschedules the deposition again for December 5, 2011 at 2:00pm. Certificates of non-appearance are included, stating that Bujduveanu failed to appear for the depositions scheduled for November 11, 2011 and December 5, 2011.
This affidavit provides information in support of a motion for summary judgment. It describes the plaintiff's criminal conviction and sentence, his transfer to Dismas Charities halfway house, and the rules he agreed to follow. It states that the plaintiff drove himself to Dismas and had an unauthorized cell phone, violating the rules. As a result, his personal items were confiscated and he was returned to prison to complete his sentence.
This document outlines the pre-trial stipulation for a case between plaintiff Traian Bujduveanu and defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas, and Adams Lashanda. It summarizes the facts of the case, including that the plaintiff was transferred to the Dismas facility to serve out his sentence before release, but was then returned to prison for violating rules. It lists the contested issues to be litigated including whether the defendants violated the plaintiff's constitutional rights and whether the plaintiff sustained damages. It also lists the parties' motions, witnesses, and trial exhibits. The trial is estimated to last 4-5 days.
This document outlines the pre-trial stipulation for a case between plaintiff Traian Bujduveanu and defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas, and Adams Lashanda. It summarizes the facts of the case, including that the plaintiff was transferred to the Dismas facility to serve out his sentence before release, but was then returned to prison for violating rules. It lists the contested issues to be litigated including whether the defendants violated the plaintiff's constitutional rights and whether he sustained damages. It also lists the motions that have been filed, witnesses and exhibits to be presented at the estimated 4-5 day trial.
This document outlines the pre-trial stipulation for a case between plaintiff Traian Bujduveanu and defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas, and Adams Lashanda. It summarizes the facts of the case, including that the plaintiff was transferred to the Dismas facility to serve out his sentence before release, but was then returned to prison for violating rules. It lists the contested issues to be litigated including whether the defendants violated the plaintiff's constitutional rights and whether he sustained damages. It also lists the motions that have been filed, witnesses and exhibits to be presented at the estimated 4-5 day trial.
This document is a response to an administrative complaint filed by the State of Florida Agency for Health Care Administration against Sample Party and Facility. Sample Party denies most of the allegations in the complaint. Sample Party claims they were fraudulently listed as the owner of Facility without their consent. Sample Party operated Facility as the administrator under the ownership of Sample Party 2. Sample Party 2 then abandoned Facility, leaving Sample Party responsible for residents and unpaid rent. Sample Party denies knowingly operating an unlicensed facility and requests the Agency reconsider fines due to the circumstances.
This document is a response to an administrative complaint filed by the State of Florida Agency for Health Care Administration against Sample Party and Facility. It denies many of the allegations in the complaint. Sample Party claims she was fraudulently listed as an owner of Facility without her consent. She operated as the facility administrator but claims the actual owner abandoned the facility, leaving Sample Party to care for residents from her own funds until proper placements could be found. Sample Party requests the Agency reconsider fines against her given her previous compliance with statutes as the owner of a licensed facility. She requests an informal hearing before an administrative judge.
04 25-13 Patient Access for Florida letter - WeatherfordRebecca Sage
This letter expresses support for expanding patient protections in Florida's Medicaid managed care plans. It requests that Representative Weatherford champion legislative actions to address concerns regarding continuity of care, formulary requirements, access to medicines, and step therapy or "fail first" restrictions. The letter argues that health care providers should have flexibility in choosing treatments and not be burdened by administrative hurdles. It asks the representative to implement recommendations protecting Medicaid patients' access to needed medications by ensuring continuity of care, adequate drug coverage, and a clear prior authorization process.
HCS 545 Individual Healthcare Law and RegulationJulie Bentley
This document summarizes the role of governmental regulatory agencies in licensing healthcare professionals and the impact of licensure laws. It provides four examples of state medical licenses being revoked for various ethical violations. The revocations impacted patients, physicians' practices, and healthcare facilities. The author observed how licensure requirements affected patient care as a hospital employee, such as students needing supervision. Strict licensure ensures patient safety and is important for quality healthcare.
The Unused Medicine Charity website strives to reduce medicine waste and help those in need by providing a platform for individuals and organizations to donate unused medicines. This ensures safe and efficient delivery of medicine to recipients who cannot afford it or lack access to it. The website explains how donors can securely donate unused medicine by completing a form and packaging it for processing. Recipients must meet eligibility requirements and donated medicine is distributed based on need, availability, and other factors to ensure fairness. The goal is to connect those with unused medicine to eligible recipients in need through a simple donation and delivery process.
The Unused Medicine Charity website strives to reduce medicine waste and help those in need by providing a platform for individuals and organizations to donate unused medicines. This ensures safe and efficient delivery of medicine to recipients who cannot afford it or lack access to it. The website explains how donors can securely donate unused medicine by completing a form and packaging it for processing. Recipients must meet eligibility requirements and donated medicine is distributed based on need, availability, and other factors to ensure fairness. The goal is to connect those with unused medicine to eligible recipients in need through a simple donation and delivery process.
The document provides information about unlicensed activity (ULA) in Florida, including guidelines for reporting ULA and examples of ULA investigations and actions taken. It discusses the Florida Department of Health's efforts to protect residents from unlicensed medical practitioners through enforcement of licensure regulations and investigating ULA complaints.
Patients have several important legal rights regarding their healthcare. These rights stem from human rights, constitutional rights, consumer protection laws, and medical ethics codes. Some key rights include the right to confidentiality, informed consent, and consideration and respect during treatment. Patients should take steps to protect their rights such as understanding consent forms, requesting medical records, and addressing any complaints at the hospital level before pursuing legal action. Special protections also exist for patients related to HIV/AIDS status, clinical trials participation, and examinations by doctors of a different gender.
medical re imbursement application forms,new hospitalsand full government o...shanavas chithara
1) The document provides instructions to administrative departments regarding medical reimbursement claims for government employees.
2) It states that departments can settle claims from recognized private hospitals themselves if treatment was referred by an authorized medical attendant, within set ceilings.
3) Only claims requiring special sanction, such as from unrecognized private hospitals, need be forwarded to the Health Department with a secretary-level recommendation.
Joint IMGT - AILA Letter to State Dept re Health Care workersGreg Siskind
The International Medical Graduate Taskforce and American Immigration Lawyers Association submitted a letter to the U.S. State Department requesting several actions be taken to address staffing needs during the COVID-19 pandemic. Specifically, they asked that the State Department expedite J-1 visa waiver applications for healthcare workers, allow telemedicine to satisfy waiver requirements, waive recruitment efforts for waiver applications, sponsor waiver applications for states that maxed out their allotment, expand who can sign waiver letters, remove restrictions on medical residents assisting beyond their employer, and grant board exam extensions for physicians. These recommendations aim to provide more flexibility for international healthcare workers to support U.S. facilities and patients during the pandemic.
This document is a Notice of Privacy Practices from the Georgia Department of Human Resources that describes how protected health information may be used and disclosed. It informs individuals of their privacy rights regarding their health information. The notice explains that protected health information can be used for treatment, payment, and healthcare operations. It describes the individual's rights to access, restrict use of, and amend their protected health information, as well as their right to file a privacy complaint. The notice states that it is effective as of April 14, 2003 and that the Department is required to comply with its terms regarding use and disclosure of protected health information.
This letter is signed by numerous patient and provider organizations asking Senator Gaetz to support Senate Bill 1316, which would expand and strengthen patient protections in Florida's Medicaid managed care program. Specifically, the bill addresses concerns around continuity of care, formulary requirements, access to medications, and restrictions on therapy. The organizations argue that providers should have flexibility in choosing treatments and not face administrative burdens. They ask Senator Gaetz to implement recommendations that ensure access to needed medications and protections for the most vulnerable patients.
Write a 100-word reply to the 4 individual questions below. .docxlindorffgarrik
**Write a 100-word reply to the 4 individual questions below.**
To help you with your discussion, please consider the following questions:
What clarification do you need regarding the posting?
What differences or similarities do you see between your posting and other classmates' postings?
What additional questions do you have after reading the posting?
What item you found to be compelling and enlightening.
1.Katrina- In my opinion the court decision is warranted because, doctors are not obligated to disclose to patients “miracle treatments” or any drug or treatment not yet approved by the FDA. Now there are cases where FDA approved drugs have been used in specific treatments that isn’t approved for that particular drug this is called “off label drugs”. The use of non-FDA approve medicines increases the physician chance of medical malpractice liability. These particular drugs and/or treatment were illegal and not approved by the FDA in the patient state of resident for a reason. Non-FDA approved prescription drugs may present a significant threat to individuals seeking care since these drugs most certainly has not endured evaluation by the FDA for “safety, effectiveness or quality” (FDA.gov). If the FDA did not evaluate drugs, there wouldn’t be any means to determine if these medicines are harmless and beneficial for use. The FDA also evaluates to make certain that prescription drugs are formulated in a way that the drug quality is consistent and if the drugs label is absolute and accurate. FDA unapproved drugs have ensued in injury to the patient. The FDA focus on protecting patients from the injuries associated with non-approved drugs. These standards are put in place to protect both the patient and the physician.
The treating physician need not to be held accountable for not advising patients of treatment options that are illegal or not successfully proven because, technically these treatment options are not available to the patient. The informed consent doctrine requires the physician to inform the patient of the benefits, inherent, material risks, and alternatives of a medical intervention. “The doctrine of informed consent is the legal basis for informed consent and is usually outlined in a state’s medical practice acts” (Judson, K 2020). Informed consent entails the patient’s right to receive all pertinent information in relation to the condition and then to make a decision regarding treatment based on that knowledge. (Judson, K 2020). The informed consent doctrine does not include disclosure for illegal treatments or illegal prescription drugs. “The physician's obligation is to give medical facts accurately to the patient and to make recommendations for management in accordance with good medical practice” (AMA 2010). Disclosing illegal treatment options or even illegal prescription drugs do not fall under good medical practices and the physician should not be held responsible for not disclosing this information.
The document discusses patient rights and consumer protection laws in India. It outlines the Patient's Bill of Rights adopted in 1998 to protect ethics in healthcare. The key rights include privacy, informed consent, and quality care without discrimination. It also describes the Consumer Protection Act of 1986, which established forums to address consumer grievances in defective goods and services. Under the Act, medical services are included, allowing for compensation in cases of medical negligence.
LA County HIV Public Health Fellowship Program Application FormEric Olander
To apply for the Los Angeles County HIV Public Health Services Fellowship Program, interested candidates must submit a letter of interest – including career goals and how the fellowship would help him/her achieve those goals – their curriculum vitae, and a list of references, to:
County of Los Angeles Department of Health Services
Los Angeles County HIV Public Health Fellowship Program
5850 South Main Street, Room 2214
Los Angeles, California, 90003
This document summarizes a lawsuit brought by relators against Johnson & Johnson alleging violations of the False Claims Act. The relators claim that J&J provided kickbacks to Omnicare, the largest nursing home pharmacy provider, to induce its pharmacists to recommend J&J drugs over cheaper alternatives. The kickbacks were disguised as rebates and grants. The government and several states have intervened in the lawsuit and filed their own complaints making similar allegations. J&J moves to dismiss, arguing the complaints do not properly allege violations of the False Claims Act.
Patient Consent Form | Alliance Physical TherapyAllianceRehab
At Alliance Physical Therapy we provide 24/7 access to online appointments, with most of the requests scheduled in less than 48 hours. We are able to serve the Northern VA and DC region.
Similar to PetitionforFormalAdministrativeHearing-Sample (20)
5. advised her that the ALJ3, Inc. was unlicensed during a telephone call. Petitioner did not
admit by telephone that the ALJ3, Inc. was operating as an unlicensed facility.
13. Petitioner was never interviewed by Agency surveyor during Agency surveyor’s
October 21, 2014 review. Petitioner has never met Agency surveyor on either occasion
he/she visited the ALJ3, Inc.
STATEMENTS OF ULTIMATE FACTS
14. Party 2 was the only and last director of the ALJ3, Inc.
15. Petitioner never signed a partnership agreement with Party 2 and never
became a partner or director of ALJ3, Inc.
16. Party 2 owned and operated ALJ3, Inc. unlicensed in violation of Section
408.812, Florida Statutes.
17. Petitioner facilitated the facility from October 2013 through September 12, 2014
without knowledge that the ALJ3, Inc. was not licensed by The Agency For Health Care
Administration.
18. Petitioner had difficulty finding suitable placement for residents after Petitioner
received cease and desist notice and Petitioner could not and would not abandon the
residents or allow the residents to become homeless without shelter and therefore, Petitioner
continued to provide care for residents until October 21, 2014, when adequate placement
could be found.
RULES AND STATUTES ENTITLING PETITIONER TO RELIEF _
19. Petitioner is entitled to relief pursuant to Sections 120.569 and 120.57(1),
Florida Statute and Chapter 58A5.016, Florida Administrative Code.
DEMAND FOR RELIEF
WHEREFORE, Petitioner respectfully prays for the following relief: