Pardeep Joshi

Pardeep Joshi

Law Offices of Pardeep Joshi, A Professional Corporation
  • Business Law, Landlord Tenant, Real Estate Law ...
  • California
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Practice Areas
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Landlord Tenant
Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Immigration Law
Asylum, Citizenship, Deportation Defense, Family Visas, Green Cards, Immigration Appeals, Investment Visas, Marriage & Fiancé(e) Visas, Student Visas, Visitor Visas, Work Visas
Appeals & Appellate
Civil Appeals, Federal Appeals
Civil Rights
Americans with Disabilities Act (ADA), Discrimination, Employment, Fair Housing, Police Misconduct, Privacy Law
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Additional Practice Area
  • Civil Litigation
Jurisdictions Admitted to Practice
California
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9th Circuit
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9th Circuit
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United States Federal District Court, Central Dist. of California
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Education
Foreign School
Undergraduate Degree
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Santa Barbara COL
Law Degree
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Professional Associations
California State Bar  # 210199
Member
- Current
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Legal Answers
6 Questions Answered
Q. Such request is the same that discovery request?
A: CA Health & Safety Code requires health care providers to safeguard and protect the privacy of a patient. (sec. 130203(a). Additionally, the California Confidentiality of Medical Information Act codified in 'Civil Code section 56-56.37' makes it unlawful to disclose patient medical information without proper authorization, except where emergent and legal exceptions apply.

It appears, in your case the request for authorization to release records states the 'purpose' i.e 'litigation discovery', which is consistent with Civil Code section 56.11(b) (4), (7), (which in part provides, the release must state the specific uses and limitations on the type of medical information, to whom and for what purpose). Authorization sought from you to release medical records is for the purposes of litigation and can only be used for litigation purposes. Is it the same as the discovery request? No, although it is sought to complete discovery before the party seeking it is prepared to move to the trial phase or summary judgment. Often, seeking reasons or looking for technical defects to avoid otherwise lawfully discoverable information, (which courts often order if a party moves to compel), can be counterproductive. The answer above is based on limited facts available, consult with a litigation attorney with experience in medical malpractice cases for advice/action. ... Read More
Q. What is due date to serve motion to set aside on defendant- in this scenario.
A: Due date to serve motion to set aside on the defendant is as follows:

"CCP section 1005 (b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing..."

Serve a copy of all the documents (all moving and supporting papers) you have filed with the court. If you serve it by mail the required period of at least 16 court days' notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, more if it is out of state, see CCP sec. 1005 (b).

Court days are the days that the court is open, it does not include weekends and court holidays.

Although CCP section 473(b) provides a six month maximum period within which a motion to set a side must be brought, it also prescribes the motion be made within a "reasonable time", "in no case exceeding six months". Given the delay in your case, if you have not provided a satisfactory explanation for the delay in your supporting declaration(s), including attached exhibits (if any) the court may deny relief.
... Read More
Q. "Real Party In Interest?" was asked, because I believe that in My Case the Plaintiff-Is Not The Real Party In Interest?
A: "Real Party In Interest means the True Owner-is this True." ? Not necessarily. A real party in interest is the person or entity who has the right to bring suit even though someone else would ultimately benefit from the suit if it is successful. California Code of Civil Procedure Section 367 requires that every action must be prosecuted in the name of the real party in interest, this provision applies to UD actions CCP section 1166.

In unlawful detainer actions the plaintiff’s right to possession is what qualifies the plaintiff as the “real party in interest.” CCP §§367, 1166(a)(2). The party who will be entitled to the benefits of a court action if successful as opposed to one who has only a technical or nominal interest as a representative for the real party. For instance, California Code of Civil Procedure section 369 (a) allows various persons to sue: such as a personal representative under probate code; a trustee of an express trust and so on ...

However, in this context at hand. An appeal may be taken by a "party aggrieved by the appealed judgment or order. Normally, there are three parties to a writ proceeding and captioned accordingly. 1. Petitioner ( the party seeking relief), 2. Respondent (the trial court/the inferior tribunal, 3. Real party in interest, the party who prevailed in the trial court is the real party in interest, it is customary for the real party in interest to respond rather than the respondent. It is important to note that a person need not have been a party in the trial court to be a real party in interest in the writ proceedings. The real party in interest need only have an interest that will be directly affected by writ proceedings.

The facts you cite are not complete, tend to argue with the form over substance and not helpful to you in my opinion. Confer with a counsel on subject near you for further advise and action.
... Read More
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Telephone: (310) 455-0507
Fax: (310) 455-2067
22151 Eden Road
Topanga, CA, USA
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