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cupofjojo last won the day on December 13 2016

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  1. My neighbor is getting sued by a jdb. I was going to tell her to use a general denial form, but I believe the lawsuit is verified. The form says the following: VERIFICATION I, the undersigned attorney, declare as follows: I am an attorney at law duly admitted and licensed to practice in the state of CA. I am the attorney of record for the plaintiff. Said plaintiff is absent from the county in which I have my office and for that reason I am making this verification on its behalf. I have read the foregoing documents and know the contents thereof. Based on the business records of Plaintiff and my review of available factual information, venue lies properly with this court because a) defendant lives there b) contract was in fact signed by the defendant in this judicial district. I declare under penalty of perjury under the laws of the state of CA that the foregoing is true & correct. Executed on 9/2/19, at Los Angeles, CA
  2. A co-worker of mine was served with a lawsuit by portfolio. I told him I can help him, however we are a little confused as when we looked the case up online it states portfolio filed “Declaration in Support of Reduced Filing Fee”. This was done the same day as the lawsuit was filed. Has anyone had a jdb request this and if so how can a business request this?
  3. calawyer you da man! Judge looked over the CA Supreme Ct case you cited and said he agrees that my case constitutes balance billing and scolded the jdb for even bringing this case. Case dismissed and will be filing to recoup my expenses. Glad I listened to you and a few others on this forum and not the naysayers that automatically assume the hospital is always in the right. Thank you!!!!!
  4. thanks for chiming in nostradamus. You ever get tired of being wrong about everything lawsuit-related? LOL
  5. Don't listen to Clydesmom. She thinks the medical provider can do no wrong. She told me I had no chance because I was being sued by a dopey medical collection agency. Make them prove their case. They will send a declaration just like the CC debt collectors. I'm not sure about NV laws, but in CA I challenged their bs and they backed down. Sorry, but I don't believe in paying inflated medical costs and neither should you.
  6. So, I sent letter to opposing counsel. His response was basically stating subpoena can be served at his office for jdb declarant & same po box listed on ccp 98 for hospital employee. Should I just lay low and submit MIL to preclude without issuing subpoenas since ccp 98 is flawed or issue subpoenas and do MIL to preclude. The reason i'm wary of issuing subpoenas is that hospital is literally across the street from court so witness could easily show. Not sure if better strategy is to get ccp 98 tossed on it's flaws without issuing subpoena or with issuing.
  7. No. First one has the attorney's address in the header but no where in the ccp98 is there an address or stating where they can be served. Hospital employees ccp 98 states she can be served at po box.
  8. So I sent out Disc-015 per ccp 96. I received 2 ccp 98's from attorney: one for someone from the jdb (no address was provided for service) and the second from a hospital billing employee (address for service is a PO Box). Once I am within the timeframe to issue subpoenas how should I do so? The first one has no address and the second one is a po box. Should I try to motion in limine to disqualify the ccp 98's instead of serving a po box. I assumed a physical address was needed. Any help is appreciated.
  9. Not sure if deductible or co-pay. It was few yrs back and a different insurance than I have now. Called them & was on hold for nearly an hr so I hung up. I can't tell from the discovery docs received either as hospital provides itemized services but 1 lump sum payment from cigna at end without explanation that a deductible or co-pay is due. Bill just says remaining balance. Not sure if I should introduce this at cmc as lawyer may then have more time to use discovery to find out if remaining is deductible I owe or unlawful balance billing I don't. If I introduce in trial brief he would have less time to figure out whether I owe or not. Not sure if this makes sense. I mean it is their case to prove I owe the debt.
  10. Were the initial charges incurred for emergency medical care? Did you have insurance which paid a portion of the bill and you are now being charged for the "balance" (by "balance", I do not mean the deductible but rather a portion of the bill that the hospital claims the insurance company did not pay). If so, the charge from the hospital may constitute unlawful "balance billing". Yes, it was an ER visit. Total bill was $71,800. My insurance paid 70k of it and they are suing me for rest. Should I bring this up now to the other side's attorney, wait for court to include it in my trial brief, or some sort of motion? I have a cmc in March. Thanks for finding that case it could be a lifesaver.
  11. Thx for the reply anon amos. The complaint was verified but the bop response was not. Should I lay low until the 15 days are up and file some sort of motion to bar the bop docs they provided even if they are hearsay?
  12. Not sure if this is relevant but per CA CCP 454 if the lawsuit is verified the itemized proof must be so as well. Am I interpreting this correctly & if so how should I respond? They just sent me the hospital bill but should they verify it?Here is the code: It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof.  The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular. If the pleading is verified the account must be verified by the affidavit of the party to the effect that he believes it to be true;  or if the facts are within the personal knowledge of the agent or attorney for the party, or the party is not within the county where the attorney has his office or from some cause unable to make the affidavit, by the affidavit of the agent or attorney.
  13. I got a response to my bop. They sent an itemized breakdown of cost & services and amount private ins paid. Our case mgmt conference is in 3 months. Feel I may lose this lawsuit No idea what to do now